they make their journey home. we'll have a full report at the top of the hour. >> but first, our top story today, president obama has chosen eric holder's replacement, nominated loretta lynch, the u.s. attorney for the eastern district, brooklyn and long islands, to be the nation's next attorney general. she would be the first african-american woman to hold that post. the confirmation hearings are set to be scheduled in january and will happen as republicans take control of the senate. wendell goler with the latest. >> reporter: if she's confirmed, loretta lynch will be the first u.s. attorney elevated directly to the post of attorney general in almost 200 years and the president wants to avoid a confirmation battle with the new republican majority of the senate. a harvard law school grad, grew up in north carolina. she twice served as brooklyn's u.s. attorney and prosecuted high profile terrorists and mr. obama said it would be hard to find someone more qualified to be attorney general. >> she has boldly gone after public corruption, bringing charges against public officials in both parties and helped secure billioning in settlements from the world's biggest banks accused of fraud and jailed some of new york's most violent and notorious mobsters and gang members. >> she also prosecuted the police officers involved in the assault of patient immigrant -- republicans would like to get holder out of the post he held for six years as quekly as possible given the problems over the irs scrutiny of conservative groups applying for tax exem pt status and botched fast and furious. they want a republican controlled senate to confirm lynch. incoming senate majority leader mitch mcconnell said ms. lynch will receive fair consideration by the senate and nomination should be considered in the new congress through regular order. the president wants her confirm the as quickly as possible but it seems unlikely the hearings will be held in the lame duck session. some republicans are demanding to know if lynch supports mr. o bad ma bam ma's plans. guys, back to you. >> wendell, thanks for the very latest. arthel. >> the white house is doubling down on flight against isis in iraq. president obama authorizing the deployment of up to 1500 additional u.s. troops. this would bring the total to roughly 3,000. the u.s. has been increasing forces in the middle east since june to fight the terrorists who control big chunks of iraq and syria. molly is live from washington with details. >> the white house says those additional 1500 troops will help train and advise iraqi forces. but some republicans question why the president didn't do this earlier. >> he has timed almost everything to not affect the midterm elections. you can imagine he was quite afraid what was going to happen in the elections and didn't want anything to upseptember the apple cart there. >> this 1500 going into iraq, why wasn't that done in september when it really could have helped? he to him national security -- that's what i hate so much about the obama administration, playing politics with every war time decision. >> the president made in decision at the request of the iraqi government. and the recommendation of defense secretary chuck hagel. the timing, the pentagon insists, is not political. >> reasons why we think this was a good idea right now, because iraqi security forces have stiffened their spine and gone on the offense and have shown they got good capabilities but there's gaps. there's gaps in those capabilities, some of the enabling functions and that's what we're going to provide. >> the obama administration is requesting 5.6 billion more dollars for the broader war against the islamic state. including 1.6 billion for iraq operations. now congress will weigh in. >> it was clear and understood that the president had the authority to do what he was doing. congress needs to make some decisions about the money. >> but republican congressman buck mckee an says the president's strategy against isis isn't working and wants to know how this money will move the strategy in a quote new direction? >> molly, thanks. >> it's been quiet for a bit but the ukraine crisis heating up again. today there could be more blood shed coming in the rebel controlled regions of eastern ukraine after reports from the associated press this morning that reporters have seen more than 80 unmarked military vehicles on the move near the separatist strong hold of donetsk. that could signal innocence fied hostilities in the coming days and those vehicles are described as transportation trucks. some reportedly are carrying small and large caliber artillery systems. ukrainian officials suspect the rebels are receiving weapons and manpower from russia. and moscow has always denied those claims. bipartisanship can be hard to find in washington but coming up, hear from both president obama and house speaker john boehner about what we should do to truly honor our nation's veterans. plus an unthinkable act during a moment of tragedy. take a look here. surveillance video capturing a man walking away with a cell phone from a woman who had just been killed by a train. an important update coming up next. >> to take someone's phone who just died -- i know on my phone i have precious memories and stuff you can't replace. it's xum of the earth really. ♪ hi. i'm new ensure active clear protein drink. >>clear huh? 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>> well, arthel, this is a no brainer as far as they come. the senate has confirmed loretta lynch two times already unanimously and the president couldn't be more right that she's all about substance and not style. when i first heard she had been nominated, i was like loretta lynn, coal minorminer's daughte? she has taken on terrorists, mobsters, more experience than anyone on the short list for this. i don't understand why the senate would not confirm her immediately. this is not a time to play politics. we need our lawyer in that office -- >> hold on. >> who else gets to take -- -- >> i'm trying. can you hear my voice. listen to me. matt, i want to give up a chance to weigh in on the selection, the nomination, but make that short for me i was trying to rush her along to get to some specifics. go ahead, matt. >> we're going to learn about it. we don't know that much about her. she was confirmed to be a u.s. attorney. this is a great moment for her, i applaud her with her career. it must be great to receive such a great, be put forward by president. it has to be more than her personal story. this is about policies and whether there's going to be an executive order to give legal status to folks who are here illegally -- >> exactly. let's go to that since you're there. once confirmed, how might lynch impact the legal issues surrounding immigration reform and the president's plan for immigration matters through executive order? >> if she's confirmed, she would be the nation's top law enforcement official and should have something to say on whether or not the white house is going to go forward with executive order on what they are going to do on immigration. the american people want to know what her views are. she has come out against having to have an i.d. when you go to vote. she's against the north carolina law. i think the new senator from north carolina should be able to ask her some questions. i think that's fair. it's democratic. we just had an election, let's let the senators ask her questions. >> jump in now. >> you know who knows her, arthel, the senators who confirmed her twice already. and yes, policy is important. the fact that she chairs the committee of u.s. attorneys that have been advising eric holder on policy for the last two years, that's a pretty good sign. this is no stranger. she served under president clinton. she's now served under president obama. senators know her quite well. and it is not a time to play politics. what other profession do we have where we just say, okay, your last couple of months, you don't have to do any work? >> let me steer this. listen, you know that many of the d.c. types want attorney general eric holder replaced stat but mitch mcconnell is saying that lynch's nomination should be considered in the new congress through regular order so matt, your turn, how much does when matters and who stands to lose political leverage if lynch is confirmed next year and not now? >> i've worked in an administration. these agencies have wonderful people in them, civil servants, acting attorney general. there's no crisis at doj where she has to be put in next week. this is not playing politics, the fact is this is the process when there's an election and new congress gets seat and that new senate should have the ability to run through regular order and have hearings in the judiciary committee and the president would be the one playing politics. if somehow he wants to act like an election didn't happen. it did happen and this would not be the right way to get bipartisanship started. they know that, which is why they are moving so fast. >> go ahead. >> it's the classic definition of playing politics. there are republicans who want to use this nomination for leverage and that's why they want to wait until they have more power in the senate -- that's the bottom line. leverage on other pieces much legislation to get their vote to support her but we know how this is going to turn out because of her career. her career and what she has done, which has been to stay behind the scenes and not played politics. she again, has gone after terrorists, gone after drug lords and financial criminals and she's succeeded at that -- >> then she should have no problem -- >> exactly. >> don't play politics. >> she can answer questions before it -- >> it have to go. love your enthusiasm, but have to run. we'll see you soon and talk about it more. >> arthel, talk about enthusiasm, how about the republicans, what will they do next? they are on the way to washington and be in full control of congress. what are the plans and changes? and what can we expect. coming up, one congressman elect who grabbed the seat on what we can expect. plus, what a father did that saved his daughter from a kidnapper inside their house. >> took my 5-year-old daughter and i happened to wake up and he had my daughter outside and my husband ran and got out there and got him from her. when it comes to good nutrition...i'm no expert. that would be my daughter -- 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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[ female announcer ] stay strong, stay active with boost. i'm just looking over the company bills.up? grandpa! is that what we pay for internet? yup. dsl is about 90 bucks a month. that's funny, for that price with comcast business, i think you get like 50 megabits. wow that's fast. personally, i prefer a slow internet. there is something about the sweet meditative glow of a loading website. don't listen to the naysayer. switch to comcast business today and get 50 megabits per second for $89.95. comcast business. built for business. president obama and house speaker john boehner paying tribute to u.s. service men and women ahead of veterans day on tuesday. both using the weekly addresses to thank vets for their service and vow continued efforts to make sure every one of them gets the opportunities and health care they deserve. >> let's honor our veterans by making sure they get a shot at the american dream, by helping them find jobs worthy of their skills and talents and making sure the post 9/11 g.i. bill stays strong so more veterans can earn a college education. when our veterans had the opportunity to succeed our whole nation is stronger. >> as we consider their sacrifices, let's vow to live up to the promises we have made to them and their families. we cannot rest until our veterans have the 21st century health care they deserve. >> president obama calls on americans to reach out to veterans in their community providing support and welcoming them home with gratitude. eric? republicans are in control, but what can we expect? one of the key congressional districts is this one, the first district in new york. on the eastern end of long island. it's been held for the last six terms by bishop. on election night, zelden pulled it off, winning by ten points. an astounding swing of 20 points in a few weeks. so what does this say about that district and america's mood? joining us now is congressman elect lee zelden. he's an iraq war veteran, the only republican jewish member of congress. >> good to see you. >> it's like the movie "the candidate" when robert redford wins and he says to marvin, what do we do now? so what do the republicans do now? >> all across the country, the voters said they don't believe our country isn't headed in the right direction. it's not too late to turn things around. i think it's important that the republicans -- all the great bills passed in the house, and sitting on harry reid's desk, now they're going on president obama's desk. >> what if they go on his desk and goes into the trash can? >> that's not acceptable. he'll veto the great ideas and he says that's okay, but it's not. this president becomes more and more unpopular every day. i think the president really needs to change his tune. >> do you think he can do that? you said in the news conference on friday, yesterday, i mean, do you think he can really change his tune as you say and compromise and reach an agreement where there hasn't been one? >> he's not only hurting himself and hurting our country, he's also hurting his own party. for someone who's all politics all the time his decision to only accept compromise if he's getting it 100% of his way all of the time, it's going to hurt more than just him. >> do you think he can compromise like lbj and bill clinton is famous for that or others will say he's a man of principle and sticking to his principle no matter the cost. >> when you have a balance of power there's no way to get it 100% of the time. you have to be willing to sit down with your republican counterparts to see where you can find common ground. >> do you think he has that in him? >> he has never shown a sign that he is capable of leading through these next two years in a way that's going to improve our country. it's important that there is that balance of power because his agenda is not the agenda that the american people want. >> well, what happens with executive actions on immigration, for example, 5 million illegals are suddenly legalized and he does that, my way or the highway what's the reaction of the republicans or congress? >> my biggest fear over the course of the next couple of years if he gets a free pass with an executive order on immigration there might be 5, 6, 10 more things in the hopper getting worse and more intrusive. >> like what? >> he could -- really on anything. it could be programs on any part of the democratic constituency. you have individuals who are capable of going back into the workforce right now who are doing the math and realizing that there's more to gain by sitting at home on their couch. there are other people who are trying to find a boater way of life for their families. >> bottom line, you've been in albany as a state senator. you show up in washington, quickly, what do you hope for and what do you fear? >> i want to see any type of progress in reforming our tax code and improving our energy policy or health care policy. wherever we can find a way to improve the quality of life for our constituents is productive. i think that the dysfunction that we see in washington in the past needs to be in the past and there needs to be a better day, a new way ahead in january with new leadership in washington. >> well, that new leadership is on the way. you'll be part of it starting in washington, d.c. congressman elect, thank you for joining us. >> thank you. >> arthel? well, two americans jailed in north korea are now on their way home. details on their long-awaited release. what's next for kenneth bae and matthew miller? no longer in uniform,. but still serving... on the job and in our communities... whose dedication and commitment to excellence continues... in every mission, whatever it may be... affecting our lives every day... for your continued service, we salute you. this message of appreciation to our nations' veterans is brought to you by paralyzed veterans of america and unitedhealth group. hello. i'm eric shawn. welcome to "america's news headquarters." >> i'm arthel neville. north korea released two american prisoners. both accused of conspiring against that brutal regime. and a potential tragedy was averted in utah. wait until you hear about this. a father dramatically saving the day after a man allegedly tried to kidnap his 5-year-old daughter frommen side their home. plus frigid weather on the way for a huge chunk of the country. get out the winter coats. so it ain't snow. some of you will need a shovel too. but first, our top story at this hour. the u.s. led coalition against isis launching a new wave of air strikes in both iraq and syria. this as that battle for the syrian town of kobani rages on. kurdish forces continuing to desperately trying to keep that key town right on the syrian turkish border from falling into the hands of the islamic state. we have the very latest on this. hi, john. >> reporter: well, hi, eric. the peshmerga forces you're talking about have helped weaken isis positions in and around kobani but they haven't stopped isis from its assault on more than two months assault on the syrian border town. air strikes as you mentioned, eric, are helping. they continue. the u.s. central command says seven air strikes took out isis' positions, weapons and artillery and isis units were destroyed and facilities near fallujah and beji. that's where the largest oil refinery sits and has been not only an important but very bloody and fierce battleground since june. along with kobani over as i mentioned the past two months. there are also reports tonight that u.s. led air strikes have targeted isis leaders including the militant group's top commander al baghdadi. we're waiting for more information and confirmation from u.s. officials about this. all this as u.s. military officials announced that president obama has given the green light really to double down on the number of u.s. troops in iraq now bringing that number to deploying another 1,500 over the next two to three months and that would bring the number of u.s. troops on the ground to more than 3,000. as they have been doing that they'll help train iraqi forces and the iraqi peshmerga forces. this is no small cost to the united states. the white house is requesting an additional $5 billion to help in the fight against isis and that includes, eric, an additional $1.6 billion to help train and support those iraqi forces. >> all right, john, thanks very much. live from the middle east bureau. two americans held in captivity in north korea are now free. both are on their way back to the u.s. after being released by the regime. kenneth bae was serving a 15-year jail term for allegedly anti-government activities and matthew miller had a six-year sentence on charges of espionage. dominic di-natale has more. >> reporter: hi, arthel. we don't usually get this news and bae's daughter saying he is in the air and out of the north korean air space. he is probably glad to leave it behind while suffering serious health problems. he is believed to be headed to the washington state. it may take a stopoff or two in japan or alaska for refuelling. but if he's in air he should be home in a matter of hours. it took the director of national intelligence clapper to secure the release of both men. the president spoke soon after the news was out. >> while i think it's a wonderful day for them, their families and obviously we're very grateful to the state department and i appreciate mr. clapper doing great job on what was obviously a challenging mission. >> reporter: well, no clear word yet. when he landed at pyongyang in april, he requested asylum. while he'll be headed home to palo alto in california, how did the release come about? it had been set up months ago, most likely by north korea's mission to the united nations in new york and with the help of sweden which is the u.s.'s protective power in pyongyang because we don't have a diplomatic mission there. it's not about trying to gain political prestige at home. >> in exchange for that we have negotiated with essential terrorists with those holding americans hostage and who have the trappings of legitimacy, who can tell their own people or their enablers to keep them in power that they beat the united states. >> reporter: while bae and miller were considered by washington to be bargaining chips for north korea, they are the last americans to be held there. that doesn't help the u.s. so much as pyongyang will be still be levering that nuclear issue with them. we'll see if they talk about their ordeal once they're back. the focus now though is just getting them home. >> absolutely. thanks so much. well, giving you an idea how long this road has been for them. miller he was in captivity for 213 days. that's six months and 30 days including today. kenneth bae 736 days, that means he was in captivity for more than two years. two years and six days. and jeffrey fowle who was released last month was detained for nearly six months. president obama nominating a top federal prosecutor loretta lynch to be the next attorney general. he made that announcement at the white house earlier today. >> throughout her 30-year career, she has distinguished herself as tough, as fair, an independent lawyer who has twice headed one of the prominent attorney's offices in the country. >> i pledge to you today and to the american people if i have the honor of being confirmed by the senate, i will wake up every morning with the protection of the american people, my first thought. and i will work every day to safeguard our citizens, our liberties, our rights and this great nation. >> if confirmed lynch would be the first african-american woman to serve as u.s. attorney general. well, fourth victim injured in last month's tragic school shooting outside of washington has died. he is andrew friberg. he's a cousin of the gunman. his family thanked the community for its support and prayers and asking for privacy. friberg and several other classmates were shot inside the high school cafeteria. police say the shooter was 15-year-old jaylen fryberg who died after turning the gun on himself. earlier this week that school finally reopened after being closed for a week. eric, a grand jury is expected to weigh in soon on the police killing of 18-year-old michael brown. and businesses in ferguson, missouri, are preparing for the worst. store owners say they're concerned the decision on whether or not to indict that officer involved in that shooting could spur a second round of violent protests. the st. louis county prosecutor says they're still hearing evidence in the case. a decision is expected in the next fewweeks. well, there are terrifying moments for one utah family. a 5-year-old girl, she was almost kidnapped from her home by a man they say entered in their house in the middle of the night. as they say, he was inside that house, police say her parents, well, they woke up just in time. because they say the man grabbed the child, ran out of the house. but her father jumped up out of bed, ran outside and confronted him on the front lawn. this while her terrified mother called 911. take a listen. >> and he took my 5-year-old daughter and we happened to wake up. he had my daughter outside and my husband ran out there and got him from her. but he took my 5-year-old daughter. >> police say that man is this man, a suspect, 48-year-old troy morley. he was later arrested two blocks away after breaking into another house. he was found they say hiding in basement. thankfully, the little girl is okay. arthel? all right. we're talking weather now. get your heavy coats ready. i've heard cold air is on its way. people in more than 40 states set to see some of the coldest temperatures of the season and it's all thanks to a massive storm in alaska. j.d. is live on top of it all and she has the details. janice dean? >> it is all connected, the weather that is. we have a big storm that was at one point equivalent to the category 5 hurricane. a typhoon. it's extratropical no in the bering sea, but bringing hurricane force winds as well as 50 foot waves to the aleutian islands here. this storm going to cause kind of a buckle in the jet stream and bring very, very cold air as far south as texas. the coldest air of the season in some cases we'll be dealing with temperatures 20 to 40 degrees below what they should be. now, on this map you see the blues here. that is 32 degrees or below that. so freezing and the pink is zero or below. so take a look at this as we head through wednesday and thursday and friday and saturday. it really doesn't let up. as we head into even next weekend. there's saturday and then sunday, another plunge of cold air. so this is not good news for folks that don't want early signs of winter. so taking a look at your forecast highs. sunday and monday, so, you know, enjoy the fact that it's quiet this weekend because here it comes, monday into tuesday. there are your daytime highs well below zero and headed to texas. if you live in florida and the southwest you'll go virtually untouched by this cold air. the cold air is in place, so any storms that move in is going to be a snow event, right, across the northern plains, as well as the great lakes. minneapolis, you could get several inches of snow and that cold air already seeing winter weather advisories for parts of the northern rockies ahead of this system. so certainly 12 inches plus for the mountainous regions. there's one of the forecast snowfall totals again, north of minneapolis. that's where we could see the bull's-eye across michigan. six to 12 inches of snow and it will feel like january in november. arthel, just seems like yesterday we were talking about winter last year. right? >> and j.d., word on the street this is going to be a really aggressive, long and cold winter. is that true? >> well, listen, i don't like to forecast past five days. however, this is not good news heading into certainly next week. and the next seven to ten days, it's going to be colder than average. >> yikes. okay. thanks, janice. >> you're welcome. >> oh, the groundhog told us way back when. a family was found murdered in the desert and the case goes cold for five years and now police say they have found the killer. also, a really frightening scene in one neighborhood after a home burst into flames, igniting several other nearby houses. and president obama and republican leaders they sat down for first time since tuesday's midterms, but both sides still at odds over a big issue. immigration. so what will the president do and how will the republicans react? to serve. i'd just gotten married. i was right out of school. my family's all military. you don't know what to expect. then suddenly you're there... in another world. i did my job. you do your best. i remember the faces... how everything mattered... so much more. my buddies... my country... everything... and everyone i loved... back home. ♪ [ male announcer ] for all who've served and all who serve, we can never thank them enough. ♪ do solemnly swear that i will support and defend the constitution of the united states against all enemies foreign and domestic... ♪ ♪ a quick check of the headlines. police in california say a family that went missing was killed in their home. the bodies were found in the desert 100 miles away last year. well, now police have charged a business associate of the father with four counts of murder. at least five homes destroyed or damaged by fire in detroit. authorities say an explosion in a vacant house started that fire and they're questioning a possible suspect. no injuries reported. and the university of pittsburgh researcher who was charged in the poisoning death of his wife has been convicted of first degree murder. the jury agreed with prosecutors and accused 66-year-old robert ferrante of lacing his wife's energy drink with cyanide. president obama and congressional leaders meeting for the first time yesterday since tuesday's election. and one of the biggest topics on the agenda -- immigration. the debate getting heated with speaker john boehner warning the president about acting alone on this hot-button issue. john mccormack here. he's the senior writer for the "weekly standard." >> good to be here. >> let's back up for a second and let's talk about this. what elements would have to be included to make for immigration legislation satisfactory to both parties? >> well, i mean, the debate right now is that the president wants to act on his own to get amnesty, for 3 to 6 million people. this is bigger than immigration. this will create unintended consequences and the president's decision to grant amnesty created the whole crisis over the summer. if you do that for another 6 million people, the problem will get worse. what republicans say, this isn't how democracy works. the president had 60 democratic senators, he had a huge majority for two years. you don't get to act all by yourself and enact law. >> what might there be, what elements might there that that will make both parties satisfied and perhaps devising an agreement that's satisfactory to president obama that could circumvent any looming executive action? >> what republicans would go for is securing the border first and then legalizing the status of those already in the country. what we saw during this crisis over the summer, if you legalize people here that can create some -- it creates a magnet for thousands or millions of people coming here. you have to secure the border first and that involves a fence. it involves people on the border. and the president doesn't want to do an enforcement fix policy. so republicans won an election and the president said elections have consequences. a lot of democratic senators who voted for this gang of 8 bill were defeated. so i mean, the president can act on his own if he wants to. but it will create a lot of problems. i don't really know what's going to happen next but you can believe it will be a huge fight. >> well, let's talk about timing. the looming executive action before the end of the year that you talked about. but the new congress as you well know won't be seated by then. and congress has only 15 session days tentatively scheduled through the end of 2015. considering that timetable, john, at hand, what's going to happen? >> well, there's december 10th or 11th, the current government funding bill expires and there's some debate among republicans in the house as to why they're not -- whether or not they should pass a short term funding bill that would fund everything in the government, but would take away funding that would allow the president to carry out this executive amnesty. some republicans are very worried about that and the leadership is worried that could lead to another government shutdown. we know when that happened over the health care bill a year ago that ended up being bad for republicans. luckily for them, the health care law ended up failing and kicked millions of people off their health care plans. so perhaps the democrats are hoping that some sort of chaos like that comes out of that. maybe it will help them get back on top after being down pretty bad. >> okay. how about this. if the decision pertains to immigration is held over till next year, what are your expectations? that the elusive issue of immigration will be resolved soon into the new year? >> i don't think it will, because i don't think the president wants to be -- he doesn't want to compromise. i think his position is very clear and republicans are -- would be willing to do some small piecemeal things. >> you know what, john, i let you talk -- talking points for the last three minutes quite frankly. you gave me no specifics, there are not enough specifics on the table? >> i'm sorry, i'm not a republican congressman, so -- >> i know. you're arguing that side. i'm not arguing the other side. but i let you present the other argument for the gop. but you brought me nothing quite frankly. >> okay, well -- >> just talking points. but maybe, look, in fairness to you, john, you're right, you're not a lawmaker. maybe that's the concern, there are not enough specifics on the table from either side that can come to sort of a kumbaya moment to address this important issue. >> yeah, i think the president doesn't want to compromise. when has the president compromised at all, can you cite me an example? >> i'm not here to argue for the president. thank you. well, hillary clinton's return to the campaign trail. we know the huge gains on the republicans might have boomeranged but others are predicting that the takeover can work in hillary clinton's favor in 2016. james rosen reports. >> reporter: returning to electoral politics for first time since her failed presidential bid six years ago hillary clinton campaigned for 26 democratic candidates this midterm cycle. 12 of whom who won, 13 who lost and one of whom, louisiana senator mary landrieu remains suspended in runoff purgatory. while most would caution laying it at the feet of a single surrogate, rand paul of kentucky himself widely thought like clinton to be considering a run for the white house threw such caution to the wind where he branded the unlucky 13 hillary's losers. >> they actually ran as clinton democrats and there's a whole mantra that developed during the campai campaign, well, the president is unpopular and hillary is popular. they were all rejected. so there's a message about hillary clinton as well as the president >> reporter: and supporters included a former campaign manager said that clinton earned a ton of goodwill. >> she did what she did to help her friends and strong democrats out there. she raised money for them. campaigned for them. her policies weren't on the ballot. you know, i have a lot of respect for senator rand paul but i think he's a little off the mark on the hillary's losers hash tag. >> reporter: on the negative side, republican governors won re-election in florida and ohio and the rustiness and the tin ear she displayed on her bookstore wasn't absent on the campaign trail. >> don't let anybody tell you that -- you know, it's corporations and businesses that create jobs. >> reporter: some analysts argued the gop success in reclaiming the senate provides a kind of liberating effect for clinton. frees her from the burden of defending harry reid and enables her to run against the republican congress. whether clinton is running at all is something she has said she won't announce until early next year. in washington, james rosen, fox news. >> okay, thank you very much. well, ray rice appearing in court this week to challenge his indefinite suspension from the nfl, so could the former football star actually be allowed back on the gridiron? 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(all) awesome! i love logistics. so ally bank really has no hidden fethat's right. accounts? 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. bottom of the hour, almost. now time for the top of the news. the last two americans being held in north korea have been freed and they're now on their way back home here to the u.s. kenneth bae was serving a 15 year sentence for alleged government activities and matthew miller seven years on espionage. more than 80 unmarked military vehicles on the move in eastern ukraine. rebel troops routinely engage. and we're marking 25 years since the fall of the berlin wall. german chancellor angela merkel is joining mikhail gorbachev to honor when it came down. and an alleged domestic assault involving kurt busch, his ex-girlfriend claims the incident happened in september after his poor performance at a qualifying event. she has already asked the court to ask busch to stay away from her. brian innis has details. what's going on here? >> reporter: well, busch started to date dris doll and they broke up here in september. driscoll claims he verbally abuse and hit her. driscoll alleges on the night of september 26th inside busch's motor home in delaware, busch jumped up, grabbed her face and smashed her head three times against the wall next to the bed. causing her severe pain and bruising on her neck. driscoll says the incident happened after busch had a bad night at the racetrack. saying he was despondent, calling her name, accusing her of having spies to watch him. and driscoll ran from the motor home and she asked a judge to order busch to stay away from her and get a psychiatric evaluation. in a statement from his lawyer, busch denies the allegations. the dover police department has been informed that mr. busch will fully cooperate with their investigation and he expects to be vindicated when the entire truth of the situation comes to light. this allegation is a complete fabrication by a woman who has refused to accept the end of a relationship and mr. busch vehemently denies her allegations in every respect. nascar says they are aware of the investigation and are actively gathering information. busch is known for his hot temper on the racetrack. nicknamed the outlaw he has a reputation for feuding with reporters and drivers. now, the armed forces foundation, a nonprofit for veterans who driscoll is president of, has dropped busch as an ambassador for the program. the allegations did not seem to affect him yesterday at a qualifying race though. he finished with the third fastest time and is still expected to race tomorrow. a hearing for the case is scheduled december 2. >> okay, thank you very much for that report. arthel, former baltimore ravens running back ray rice waiting to learn if he'll ever get back on the gridiron again. he appeared in a two-day hearing this week. it was handed down by roger goodell after the more graphic release of the video, that showed rice knocking out his then-fiancee in the elevator. can rice overturn this ban? so richard, let me start with you. do you think he'll be able to overturn this -- what is essentially a lifetime ban? >> yes. here's why. on one instance you have commissioner goodell saying i wasn't able to give the proper punishment to ray rice when he lied to me. and on the other end, you have ray rice saying i told the commissioner everything that happened, therefore, under the contract and the player rules i have already been punished i can't be punished again. insert the gm, general manager of the ravens, newsome, who said that ray rice told the commissioner everything that there was about the incident, that he did hit his wife. >> what if new evidence comes out, like that graphic video came out and suddenly everyone is like oh my gosh, this graphically shows it. >> i don't think it's double jeopardy. the commissioner has leeway to institute whatever punishment he wants to. it's really a change in the circumstances and certainly the commissioner could change the temporary ruling and that's one of the arguments that he's going to make. that it was a temporary two-day suspension to an indefinite suspension. also two different incidents and he didn't have the full story. >> isn't it like an indefinite suspension, that could be anything. the rest of your life. is that fair? i mean, murder or something. >> that's the point. here ray rice is arguing this is not fair. you have punished me once. >> but does fairness matter in the law? >> absolutely. equity and fairness always matters. >> it doesn't matter in the nfl. you said the shocking video, you're right, it was a shocking video and it's a complete embarrassment to the nfl to have this player acting in such a way on video in front of everyone. it's unacceptable. >> the embarrassment is created by the commissioner who says -- who allegedly says well, i didn't have the videotape. yet, we have heard police personnel say that we left a message for nfl personnel saying that we sent the videotape and the nfl personnel is saying, yeah, we saw it, it's very shocking. so it boils down to what the commissioner knew and what he knew it. if he had all the information when he made the decision then that decision stands and ray rice should be reinstated. >> i agree the commissioner may not have clean hands in this case, but it doesn't change the facts or the circumstances. the two-day suspension was not enough and the commissioner decided it needed to be more. the indefinite part he can petition to get back into the nfl. >> you're packing crates out at the loading dock, how much leeway does the boss? >> well, you can fire people for anything, the color of their hair, you don't like their clothes. you can't fire them because of race or national origin or because of religion. there are certain reasons you can't fire -- you can fire people for any reason. >> you can fire someone for the color of their hair? if they come in with purple hair. >> yeah. >> the ravens fired him in this case. the ravens firing as opposed to this indefinite suspension. >> more than likely if this ruling is overturned he'll be a free agent. which i understand that possibly could go to the detroit lions. >> oh, man. >> i'm making a prediction. he will be reinstated. >> the jets will take him. >> we have seen this before. michael vick. i mean, another case. what happens -- what's your prediction. what will happen to ray rice? will he be forgiven? >> i think the decision will stand, but he'll find his way back into the league at some point in the future. >> i think it gets overturned. he becomes a free agent, he goes 134 where else. he's back on the path of redemption to getting his life back together. >> i'm glad they can't fire people for the color of my hair. >> you have a contract. well, there are new developments in the child abuse case involving nfl star adrian peterson. prosecutors in minnesota now filing a second petition for a case management. meaning the county will provide protective services for two of peterson's children. the vikings running back pleaded no contest this week to misdemeanor charges of recklessly injuring his 4-year-old son after allegedly beating him with a tree branch. peterson has been on paid leave from the team since september. arthel, she was a u.s. citizen working for the iranian news agency. she was killed in a car crash in turkey while covering isis. well now her mother charges her death was no accident. and president obama sending 1,500 additional troops to iraq. are we seeing mission creep only three years after we got out? 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[ narrator ] on a mission to get richard to his campbell's chunky soup. it's new chunky beer-n-cheese with beef and bacon soup. i love it. and mama loves you. ♪ and mama loves you. by 1914 the dodge brothers and set out on their own.pany they believed in more, than the assembly line. they believed driving was a holy endeavor. a hundred years later the dodge brothers spirit lives on. well, the family of a lebanese american journalist killed in turkey charges that it was no accident. serena shim is from michigan. she was working for the iranian television network press iran when she was killed. her car collided with a cement mixer near the syrian border as she covered the isis situation. that accident happening just days after they say she was threatened by turkish intelligence services that accused her, her family says, of being a spy. her mother is calling on the united states government to investigate her death and this case saying her daughter feared for her life and was being threatened. well, president obama authorizing the deployment of 1,500 more troops to iraq. it can boost the number to 3,100. now this as the white house plans to ask congress for more than $1.5 billion to support iraqi troops. now concerns are growing over the expanded u.s. mission in that country bringing in now rick ranell. >> good to see you. >> when you first heard the announcement, your immediate thoughts, you know, what you think about this strategic military positioning or do you see it more as political posturing here? >> well, first of all, let's say that it's a good decision, because we need more troops on the ground in order to get the appropriate intelligence to combat isis. but my immediate thought when i heard this announcement was twofold. one, it's silly to say these are noncombat troops which is what the pentagon did. they tried to message the fact that this is not going to be a situation where they're going to get into, you know, some sort of violence. they don't know that. it's ridiculous to call them noncombat troops. when you send u.s. military personnel into iraq, there is a high degree of likelihood that they're going to have to use their gun. they're going to get into combat because isis is there. so this whole idea that the white house and the pentagon are messaging they're noncombat troops it's silly and dangerous to message that. the second thing i thought, why are we messaging that we're only sending these troops at the request of if iraqi government? this is a ridiculous statement because it's our foreign policy. it's u.s. foreign policy. you know, president obama used the same excuse when we pulled all the troops out of iraq and said, well, we can't get a status of forces agreement with the iraqis because the iraqis want us out. now the iraqis are asking us to go in and at some point we have to look at susan rice, the national security adviser and president obama and say you're in charge of the united states foreign policy. don't respond yes or no when other countries asking us. and turkey is a nato ally, they're begging us to implement our own policy to bring down assad by helping them confront isis on their border. but they want to do it in a systematic, comprehensive way and we're ignoring our nato ally turkey who's making this much -- much of the same request that the iraqis are making. >> some really impressive specifics you gave there. does it all boil dow president's promise to end the war in iraq and not to have more troops on the ground? >> yeah, bingo. what we're trying to do is have it both ways. the president of the united states wants to keep his campaign promise that he's not going to start a war. or that he's going to just end all wars. well, you know, that's a great campaign promise when you're running in iowa but it's a ridiculous foreign policy criteria when you're the president of the united states. you are in charge of american's national security so send in troops to protect us before isis grows even larger. this whole idea that he needs to keep his campaign promise despite the terrorism that's going on around us -- you know, it's much of the same thing when i see the president not willing to say islamic terrorists. he's doing, you know, mental gymnastics to try to get over the fact that this is an islamic terrorist problem. and so what we want to president to do is be really honest, put politics aside. clear the national security council of all those people who are trying to be political. and just protect americans and make the right decisions. >> okay. good to talk to you. >> you too. well, arthel, president obama leaves for china tomorrow and arrives in beijing on monday, but the official trip could be bumpy in beijing. as wendell goler tells us the chinese are being unusually tough on the president in an already difficult week. >> reporter: the president's asia trip comes days after republicans took control of the senate and tightened their grip on the house, leaving china's state run global times to say that the american people have downgraded him. they have wrote, he has done an insipid job. josh earnest shrugged off the slam, saying someone should tell the incoming majority leader. >> mcconnell said that he was the only democrat that mattered in washington, d.c. >> reporter: and they focused on fierpding a deal to make sure that iran doesn't build a nuclear weapon, and the reaction to the ebola outbreak in west africa and efforts to make sure it doesn't spread here have some leaders questioning whether mr. obama is committed to the pivot. his national security adviser pushed back. >> with all the issues that we are all facing, the president is now taking his second trip to asia which as you know is the substantial investment of time and attention. >> reporter: some chinese officials say the pivot has mode smaller countries trust china less. china and japan reach an agreement over the seneca cue islands this week. and president obama is expected to press the president on the computer hackers traced to a military facility but nobody expects a confession. but some experts say the republican takeover may improve the prospects for the asia pivot. >> the big missing piece of the rebalancing to shea is an economic component. it is likely that the gop senate will do more to advance the president's trade and economic agenda than his own democratic senate was. >> reporter: presidents often turn to foreign policy when faced with political problems at home. this trip was scheduled long ago, but for president obama, it could hardly have been better timed. at the white house, wendell goler, fox news. >> thank you very much. well, the estate for the late hollywood legend lauren bacall putting her luxury new york city apartment on the market. how much is it selling for? 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[ male announcer ] meet carl, who works from the coffee shop and uses the free wi-fi. marie works from there too. she's an identity thief who used a small device to grab his wi-fi signal. then stole enough personal information to hijack and drain his bank accounts. every year, millions of americans learn all it may take to devastate your life is a little personal information in the wrong hands. this is identity theft, and no one helps stop it better than lifelock. lifelock's 24/7 proactive protection could have alerted carl in time to help him protect his money. lifelock has the most comprehensive identity theft protection available, guarding your social security number, your money, your credit, even the equity in your home. don't wait until you become the next victim! call the number on your screen and use promo code wi-fi for 60 days of lifelock identity theft protection and get a document shredder free. call the number on your screen or go to lifelock.com/wi-fi. well, it's midterms in the rearview mirror and all eyes are looking at 2016. you know what that means? hillary. here's liz trotta's weekly commentary. >> it's easily to imagine that somewhere in a dark cave, the forces of hillary clinton are trying to divine the future. she and her party will need a witch's brew to heal this week's republican landslide. voters may be just as disenchanted with her as president only. so what is hillary's next move? another spell over adoring women as she looks towards the white house? references to a new grandchild to soften her image that is a portrait of duplicity? perhaps benghazi. it's easier to expect a campaign message rooted in more hammering about the so-called plight of women or class warfare which calls economics that she does not possess. perhaps advice on health care, such as the plan she spent millions on during her husband's presidency. in any case, get ready for the best dodging and weaving you've ever seen since michael jordan's flu game. after being twice voted the america's first black president, the first woman president, frankly, the first this and first that has grown old and charmless in a time when women are virtually working everywhere. it is not engraved in any divine text that we must have a first female in the white house no matter how crucial the left says it is. hillary will do everything to make voters think the oval office is her due, her american rife. this accounts for the chip on her shoulder, the inner voice that tells her she deserves the big payoff. i'm back, she announced recently. as the resurrection from her last government job is the most aporition in our history. she will, of course v. , have t distance herself from the failed only. but how? her best smiling machine mode, she'll defend her enormous personal wealth and exorbinant speaking fees. they speak more than some coffee for her fellow americans. it is the great hypocrisy of the left. hillary's army of consultants and hangers on will do the best they can to humanize her, to take away her broom, so to speak, to prove that at any age and this age, 67, she is not yesterday. that this time around she won't self-destruct. it will be a neat trick. hollywood legend lauren bacall's home is hitting the real estate market and going for, here it is, $26 million. bacall reportedly bought the condo home back in 1961 for 48,000 bucks. whoa. the apartment is located in the dakota building. it's perhaps best-known for the murder site of john lennon. the tony award-winning actress was known for her sultry looks. she passed away in august and was 89 years old. what a legend. >> yes. that does it for us. we'll both be back at 6:00 p.m. >> and i'll be back at 4:30. stick around for a healthy you & carol alt. . that's why there's biotene, available as an oral rinse, toothpaste, spray or gel. biotene can provide soothing relief and it helps keep your mouth healthy too. remember, while your medication is doing you good, a dry mouth isn't. biotene, for people who suffer from a dry mouth. do solemnly swear that i will support and defend the constitution of the united states against all enemies foreign and domestic... ♪ ♪ ♪ welcome to "a healthy you." when i think of professional wrestlers, the first thing i think of is a burly tough guy throwing things around the room. so when i met diamond dallas page is now a yogi. and he would probably kill me for saying broga. plus, dr. david perlmutter is here. up first, finding time for intimacy cane

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