who could strike with very little notice to our intelligence community our law enforcement community here at home. bill: what are people saying there. >> reporter: if there is a sense of unease or urgency 0er fear it's the largest in america with 40 million visitors annually. we got up here after the mall was closed. but the "tribune" reported crowds were normal here ned. that after the al qaeda-affiliated group al-shabaab issued a video which threatened attacks object this mall and in ement canada. can d in edmonton canada. >> the video released by al-shabaab reflects the new face we face. they are calling for attacks through internet, video and publications which means we need to respond militarily. >> reporter: the malt of america is not a -- the mall of america is not allowing the media inside the mall. they are going to put us across the mall and it's 8 degree below zero as i speak to you today. they issued a statement saying there is no credible threat associated with the mall of america. mall of america remains a very safe place that has a security force with a 24-hour presence. indianapolis is home to the langest somali community in the united states and there have been cases of somalis going back to somalia to fight with al-shabaab. patti ann: isis releasing new propaganda tapes show young children training for battle. so-called cubs in syria. and hostages being parade down the street in cages. >> this video is typical for what we have seen out of isis in style and with a clear message. it appears to dissuade kurdish fighters from taking part in any operations with isis and dissuade them from taking part on the offensive in months you will. it shows peshmerga fighters in orange jump suits. they are taunted and mocked. they are under viewed in a tv-style like show. being interviewed personal information that's being put up on the screen. so isis is trying to say we know a lot about these individuals, we'll put this out there to your friends and family. the fate of the men is not known. it's believed they have been killed or will be killed. the kurds are the only consistent fighting force against isis. this video seems to be trying to scare them away against any type of action against mosul. patti ann: there is a second video in which isis seems to be showing off it newest, youngest fighters. >> reporter: every day they try to shock the world. now they are doing with it children as young as 5. it's 100 or so kid lined up, praying, reciting scriptures and being indoctrinated into this cult. it appears most of them are syrian children though there are reports some of them are children of fighters from other countries as well. it's chilling to see what they are doing to these children. patti ann: australia is wrapping up its response to potential terror threats. he abbott says it's time to clamp down on australians who have joined isis, especially when they are receiving welfare. >> australians who take up arms with terrorist troops especially when australian military personnel are fighting inning iraq should be dealt with accordingly. patti ann: he says the terror threat is growing at home and is harder to combat. bill: the family of kayla mueller says communication her captors started to break down once the white house agreed to trade american soldier bowe bergdahl for five taliban detainees at gitmo. >> during this time when kayla was being held the u.s. traded five taliban prisoners for bowe bergdahl. >> they realized if they are going to let five people go for one person, why won't they do this or why won't they do that. >> reporter: that's the brother speaking there. michael moore staff writer for "weekly standard." the demand got greater they realize they had something. that's a stunning statement from the brother. >> it's a morbid indication of a lot of the arguments against that bowe bergdahl swap. it wasn't that he had been accused of abandoning his hilt most. a lot of them are back in the field doing terrorism thing against america. and this trade has incentivized a lot of terrorist groups like isis to up the game. they know that this claim as this brother says, they could do something more, necessity could demand more pore some of these captors and it's a terrible indication of what people were saying and arguing against that bergdahl swap. bill: the last question was did you feel why that trade was okay but not for kayla? the father explained that he asked the president that question when he was visiting at the white house. >> you can understand why the father what would won't do evening they could to bring back their daughter. the real problem is is the inconsistency. why do this for a guy accused of deserting his post for these five bad guys and not for this innocent american girl over there trying to do some good in the world. i think it calls into question what the administration is doing in response to these terrorist groups. bill: i wonder if this comes up today at the briefing. the father also expressed his frustrationing. the u.s. policy about not paying ransom in return for those being held overseas. that's a father who is living with a burden that's unmanageable. >> it's a question of consistency. if it's good for the goose why isn't it good for the gander. why didn't the administration do more. if what the brother says is correct, he has some answering to do. we'll talk again. thank you. patti ann: rudy giuliani trying to set the record straight on his controversial remarks about president obama. bill: we'll have a live update on the trial of the man accuse of gunning down chris kyle. patti ann: was "american sniper" snubbed by the academy? >> call your mom or call your dad. if you are lucky enough to have a parent alive on this planet. it's where great ideas and vital data are stored. with centurylink you get advanced technology solutions from a trusted it partner. including cloud and hosting services - all backed by an industry leading broadband network and people committed to helping you grow your business. you get a company that's more than just the sum of it's parts. centurylink. your link to what's next. major: ok fitness class! here's our new trainer ensure active heart health. crowd: yayyyy! heart: i'm going to focus on the heart. i minimize my sodium and fat... gotta keep it lean and mean. pear: uh-oh. heart: i maximize good stuff like my potassium... and phytosterols, which may help lower cholesterol. major: i'm feeling energized already. new delicious ensure active heart health supports your heart and body, so you stay active and strong. ensure. take life in. this is the equivalent of the sugar in one regular can of soda. and this is a soda a day for a year. over an average adult lifetime that's 221,314 cubes of sugar. but you can help change that with a simple choice. drink more water. filtered by brita. ♪ and introducing our new advanced filter, now better than ever. ♪ help an oil company overcome minus 47 degree temps, 5 foot ice, and 16 foot waves, to safely keep crude oil flowing 365 days a year. when emerson takes up the challenge it's never been done before simply becomes consider it solved. emerson. patti ann: dangerous weather warnings to states in the south. states that don't normally see these freezing conditions. heavy snowfall ranging from 6-12 inches blanketing parts of the rockies. >> i thought i better do 3-4 inches at a time. it won't move in a foot of the snow. >> making sure people can get out of their homes in case of an emergency. and people need to travel and get to where they need to go. patti ann: blasts of winter weather will continue in parts of the west and the northeast. >> referring to is i will * -- to isil as any part of the strategy is playing opening a battlefield they would like to us be on. i think calling them some form of islam give the group more dignity than it deserves. bill: is this the right approach today? congresswoman march than macfall can y. he made the rounds yesterday. what did you think of that explanation? >> it makes no sense to me. the administration is spend more time explaining they are not going use certain words than they are p -- -- than they are putting a coherent extra injure together. i'm not sure if they got the memo but these all call themselves radical islamists. their root of what they have in their extreme version of terrorist organizations are all in islam. so we need to start with the facts and address the strategy in a way that uses all elements of national powrl but calls it what it is. it's bizarre to me they are spending so much time not calling it what it is. bill: what the president would say is he knows that's a recruiting tool for the jihadists and doesn't want to contribute to that. the other argument he will make is he doesn't want to elevate this group to defame the religion. what's wrong with that argument? >> they are using a recruiting tool and using the internet and calling jihadists, they are tens of thousands of foreign fighters plus other areas of failed states and libya and somalia so they are using it as a recruiting tool. reality is this is a hijacked version of islam and we need to call it what it is. and we need to put pressure on moderate muslim leaders to also call it what it is and address within their own 0 religion the fact that they have a problem that is global, it's generational, and they need to be helping towlings counter this violent extremism. bill: general jack keane echoed the the same sent i am on fox news sunday yesterday. >> we should not per in mitt the moderate leaders to come to us and say this noilts islamist when it is. we should not fall into the trap and they should push them to challenging this theology that isis adopted. they must challenge it. bill: do you think that's happening now? >> i don't think it's happening now. secretary johnson, i appreciate sought things he and his organization said they are doing. but they have had a couple meetings around the country visiting with muslim leaders. but that's not enough. this is a global threat and here at home we should be concerned about the home grown threat as well as those with western passports and u.s. pass ports that might be traveling to get training and come back to be a threat. a threat we learn from the military is capabilities and intent. if you have got this intent and they are using sophisticated means on the interest note recruit, motivate and inspire this jihadist mind set then we have to counter this with a much stronger strategy. bill: what jeh johnson said is that requires a whole of government approach. what does that mean? >> we use that term off in the military as well. you use a comprehensive approach using all elements of national power. we need to use the military in a much more comprehensive way to address this threat militarily, to destroy isil. but also use other elements of national powrl economics cutting off finances and cutting off extremism. these other elements are important but we need to address the fact that we have a failed military strategy that has been pin prick operations. bill: we are getting world overnight there were more hits taken out -- carried out in parts of iraq and eastern syria. we'll talk about that next time. >> i ran counter terrorism operations in africa and weep watched al-shabaab train thousands of terrorists and this administration did nothing about it because this administration didn't think it was a threat to us. and now they are trying to attack us at home. the administration needs to address this generational threat and they are failing right now. pat report academy awards last night. night. [♪] pat * it wasn't all the song and dance. the the the oscars got political. bill:political.. for over 19 million people. [ alex ] transamerica helped provide a lifetime of retirement income. so i can focus on what matters most. [ female announcer ] everyone has a moment when tomorrow becomes real. transamerica. bill: some of our top stories this morning. an overdose scare on a college campus near hartford, connecticut. at least 11 students hospitalized after taking a drug called molly. 4 are in critical condition. bill: inmates started a fire there the housing units of a prison in texas. the next family vacation will cost you more money. did any is raising prices at its theme parks. $99 for anyone 10 or older. single day particular nets florida are up to $105 per. >> the academy award for admeevment directing goes to ... >> who gave his son of a [bleep] his green card? "birdman." pat very birdman rrp soared at the oscars. lane's something called ecological sanitation. who were the winners and losers? >> the big winner obviously "birdman" won four oscars for best picture best actor best director and best cinematography. an eddie redmayne won best actor for "the theory of everything." "american sniper" got best film editing. his widow showed up looking very elegant. american sniper rrp was a winner with the american public. patti ann: what were some of the buzz worthy comments of the night. >> some people were using it as a political soap box. patricia para. patricia called for equal wages and rights for women. >> to every woman who gave birth two every taxpayer and citizen of this nation, we have fought for everybody else's equal rights. it's our time to have wage he quality once and for all and equal rights for women in the united states of america. >> reporter: an emotional part of the oscars came when the song with "selma" was performed. some thought it was a snoozefest but others thought it was a great show. bill: did you watch it? patti ann: some of it. we had to get up early today. bill: took a twiel get going. and little bit slow. former new york city mayor rudy giuliani writing an article in the "wall street journal." patti ann: daytona is crowing the second youngest winner in his history. fifteen percent or more on car insurance. everybody knows that. well, did you know pinocchio was a bad motivational speaker? i look around this room and i see nothing but untapped potential. you have potential. you have...oh boy. geico. fifteen minutes could save you fifteen percent or more on car insurance. 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reporter: monterey is an hour east of nashville and they have just been tremendously hard hit here. widespread spread power outages. you see this utility line laying on the ground. the pole basically snapped in laugh. youyou can seat other end of the transformer standing. you can see there in the distance the rest of that power line, the tree fell on it with more than an inch of ice accumulate opening those trees and lines. that weight brought the trees and power lines snapping down to the ground and you can see some of the utility crews hard at work trying to get the pour restored in some of these rural areas up on the cumberland plateau. this always higher elevation than down in nashville so they got a lot more snow and a lot more ice. conditions are very treacherous and icy here so the crews are working through a lot of obstacles. mother nature not on their side. at one point 50,000 commerce were without power. we understand the up in has been greatly reduced. this is a common sight along the cumberland plateau. so we are reporting to you live from the cumberland plateau putnam county, monterey, an hour to the east of nashville tennessee. bill: erika really appreciate that. oftentimes when you get a storm like this it melts pretty quickly, but that's not the case. good luck, name there. appreciate that. patti ann: rudy giuliani trying to set the record straight on his controversial remarks that president obama doesn't love america. he said my intend focus was the effect his words and actions have on the morale of the country and how it may damage his performance. katie fox and marianne marsh thank you both for joining us. the quote we just read, do you accept it? >> whenever you are explaining, you are losing. rudy giuliani lost of what shred of credibility he had left. none of them will ever be president of the united states. and among them is scott walker. patti ann: he says he was hoping this would start a conversation about american leadership. he says american leaders have had a strong sense of optimism and do you agree with that? >> i want to address. rudy giuliani got us through 9/11 he was in new york when 9/11 happened. so to say his best days are behind him it shows a lack of what his record is. president obama has since the beginning taken a blame america approach to the rest of the world and we are seeing the consequences of that as the rest of the world starts to crumble and as evil takes hold as america shows weakness. as a direct result president obama refusing to admit that america is exceptional and we have a role to play being the good force in the world. >> reporter: part the of the comment was obama wasn't brought up the way you and i were brought up through the love of his country. they say he was brought up by a white mother and white grandmother and most of this isn't racism. >> it has to be right up there with one of the most ridiculous things rudy giuliani has said or done. when you luke at rudy giuliani's entire record, 9/11 was the exception, not the rule and he proved it with these statement. president obama is an exceptional leader because he represents the best of this country by the mere fact egg got elected president of the united states yot not once, but twice. he never cites him for that. the fact here is that rudy giuliani and the republicans kin continue to appeal. all of them don't understand president obama uses the same language president george w. bush did the every single time. he points out the best of us so we can be bert and he points out our mistakes so we can be better still. >> you can't paint all republicans with this. president obama's career was start bid people who bombed the pentagon. so if that doesn't give you any idea where the president is coming from on his blame america first approach i'm not sure where to go from there. let's talk about hillary clinton since you want to paint all the the 016 republican candidates with this broad brush. hillary clinton started the birther movement that democrats love to go back to when they are criticizing gop candidates moving forward. if we want to talk criticism and history of barack obama let's start with the democrats who started this in 2007. patti ann: giuliani said any reluctance to hold up america and its ideals to our enemies weakens our message. >> rudy giuliani never lets the facts get in the way of his sad story. it's pitiful and pathetic that rudy giuliani is going to be relegated to the dust bins of history by the way he conducts himself. >> we can use rudy giuliani as an example. a way to properly criticize government. al qaeda is not on the run as we have been told. isis is continuing their march across the middle east and russia is taking territory and we are just standing by because the president would rather act likes a moral equivalent between the west and the rest of the world and it doesn't exist. he need to stand up and take a page out of his leadership book in terms of how he conducted himself. patti ann: we have to leave it there. thank you for joining us. bill: this is how they lining like it in daytona. a dramatic sprint to the finish to end it. joey logiano become the second youngest daytona winner in history. great day at daytona. patti ann: stunning video of a big i mayor taking down a potential terrorist. bill: we'll tell you why senator john mccain says he's ashamed and is now lashing out. >> i'm ashamed of my country. i'm ashamed of my president and i'm ashamed of myself that i haven't done more to help these people. oh i'm on the cookie air diet. you just... and that's it. i prefer real food fruit, nuts, and whole grains. great grains cereal starts whole and stays whole. more processed flakes look nothing like natural grains. let's get real. patti ann: it's not every day you see a lawmaker delivering justice firsthand. the jerusalem mayor and his bodyguard captured a man who stabbed a man the street. the mayor jumped from his car and his bodyguard drew his weapon. the victim was ... bill: the waig we are watching between russia and ukraine. the ceasefire in eastern ukraine is showing more signs of unraveling fooling deadly bombing in the country's second largest city. this appears to ba one in a series of violations in a ceasefire that's only weeks old. >> the ukrainians aren't asking for american boots on the ground. they are asking for weapons to defend themselves and they are being slaughtered and the military is being shattered. this is a shameful chapter. i'm ashamed of my president and i'm ashamed of myself that i haven't done more to help these people. it's really heartbreaking. bill: what senator mccain is say can is vladimir putin has not paid any price. >> these are not loose words from senator mccain. he defended president obama in 2008. he's saying america has not led and has to the done with it need to do to prevent an aggressive russia from forcing its will on ukraine. instead of sending defensive weapons we send meals ready to eat. this is a deteriorating situation. vladimir putin exploits ceasefires to gain more territory. john mccain is point at himself saying he wishes he could have done more. but it's at the white house level. they seem to be hoping for peace. >> i think this criticism was more than that. this is what he said. believe the german chance lower and the president. france legitimized the dismemberment of a country in europe. it's shameful. >> he's going pat the lack of western will. i should have expanded my comments to begin with. this is the west's unwillingness to stand up for long-time international norms about nation state sovereignty. he seem to be doing nothing and not standing alongside the ukrainians. angela merkel is talking about gig peace a chance. we heard those words before. dictators exploit weak words and use it to advance their tanks. our leaders seem to believe these questions have been answered. and a series of could forensics they think will top you continue and that's not it. bill: i have more than 5,000 people dead. why are we allowing it to continue. be it the united states, germany, france. >> right now they don't want to exacerbate a conflict or confrontation with vladimir putin. but that's where he continues to do what he does. because we back a way and the west is on our heels he exploits that very opportunity. the equation has to be flipped completely. those countries worried about a confrontation have to and strong and say we'll allow this confrontation no further and no longer. these countries want to believe through negotiation and through reconciliation these problems can be solved. four not dealing with vladimir putin who wants to solve them, he wants to exploit them. the leader of the western block the united states is and sent from that table. bill: we had a map up there a moment ago. you cannot see it on this map but south of donetsk there is a town called mariupol, that's a port i. it's believed that's -- it and port city and it looks like that's what putin wants next. >> it's just like the question of crimea. and when he gets it he won't give it back. and he will use it to store the massive concessions from western countries. what they are saying are lies, what they are doing on the ground are complete deaccepting and they are acting rationally and strategically to expand their orbit and fear of influence. patti ann: taya kyle rushing home on a red eye flight, closing arguments set to begin in the so-called american sniper trial. we'll have that plus this. bill: that's a wow of a rescue caught on video. many people clean their dentures with toothpaste or plain water. and even though their dentures look clean, in reality they're not. if a denture were to be put under a microscope we can see all the bacteria that still exists on the denture and that bacteria multiplies very rapidly. that's why dentists recommend cleaning with polident everyday. polident's unique micro clean formula works in just 3 minutes, killing 99.99% of odor causing bacteria. for a cleaner, fresher brighter denture everyday. well, a mortgage shouldn't be a problem your credit is in pretty good shape. >>pretty good? i know i have a 798 fico score thanks to the tools and help on experian.com. kaboom... well, i just have a few other questions. >>chuck, the only other question you need to ask is, "what else can you do for me?" i'll just take a water... get your credit swagger on. become a member of experian credit tracker and find out your fico score powered by experian. fico scores are used in 90% of credit decisions. bill: amazing video of crews helping humpback whale caught in a fishing line. the workers for the local marine spank wary used a large harpoon-like device to cut it free. patti ann: closing arguments are expected to begin in the prime of eddie ray routh, the man accused of killing chris kyle and his friend at a shooting range in texas. casey stegall is live outside the courthouse in stephenville, texas. the prosecution calling rebuttal witnesses? >> that's right. that was expected to happen first thing this morning. we received an alert that court has been canceled because we had an ice storm that swept through texas and lot of the local schools are closed so court is off today and will resume tomorrow. butch the rebut pal witnesses took the stand friday. the prosecution calling two doctors. both mental healthcare experts and experts in the field of freans is or criminal cases. their job was to punch holes in defense witness testimonies early in the week that routh was schizophrenic and he was on a downward spiral. the prosecution finished up on friday with a psychiatrist who told the court that he does not believe the 27-year-old former marine was suffering mental illness. he thinks it was prompted by drug and alcohol use since routh admitted to chronically spoking marijuana and drinking whiskey before going to the gunk range on that february afternoon patti ann. patti ann: how many witnesses to go. >> reporter: the prosecution has one more of those rebuttal witnesses. possibly one of the victims of family members. after that we do expect to go into closing arguments. opening arguments only lasted about an hour or so. each side took 30 minutes. then the jury would get this case. that's assuming the weather cooperates, patti ann. bill: the secretary of defense talking about strategy to beat back and defeat isis. bill: fox news alert. the mall of america tightened security after a terrorist group linked to al qaeda, release as new video calling on muslims to attack western and jewish owned shopping malls, naming that minnesota mall in particular. homeland security taking this seriously. they say there is no evidence of a plot in the works urging americans stay vigilant. details ahead this hour of "america's newsroom." meanwhile congress coming back to work today after a week off with a big challenge finding a way to cut a deal funding department of homeland security and president's immigration plans. there seems to be no progress. about four days to figure this out. that is where we begin this new hour of "america's newsroom." that has time with her family. i'm bill hemmer. and welcome, patti ann. patti ann: i'm patti ann browne in for martha maccallum. republicans want to strip funding for those measures. some on the hill, including house speaker john boehner are warning they would let the homeland security department shut down. homeland security secretary jeh johnson says what is unacceptable. >> what is going on want to defund the executive actions and do it a way that holds up entire budget for homeland security. that is unacceptable from a homeland security view. i'm talking to my friends on the hill democrat and republican about the importance of let's get on with funding the department of homeland security. bill: chief congressional correspondent mike emanuel getting ready for a busy week. good morning on capitol hill. what republicans will argue, democrats in the senate are holding this thing up. they will argue even if the delays funding happens, the top priorities for homeland security will still be held up. so with that as a foundation is there a sign after breakthrough here. >> reporter: bill, not yet. the senate is set to take the fourth attempt to take up the house-passed dhs funding bill. all eyes on eight senate democrats who at some point publicly crested some concern with president's obama executive action. so far, manchin mccaskill, donnelly heitkamp, franken king, an independent tester and carper are voting with democrats to filibuster so the bill has been stuck in the senate. the house homeland security chairman has offered this appeal for action. >> i would hope they would take it up in the fat to allow for debate. in the final analysis we can not shut down a national security agency when the threat environment is so high out there. i think that would be unwise and dangerous course of action. >> reporter: again we expect a procedural vote in the senate later today. if that doesn't work it will be time for plan b bill. bill: let's talk about that. if those senate democrats don't stop the filibuster what then would happen mike? >> reporter: some are arguing let the courts handle this after a texas judge issued an injunction on president obama's executive action. there are good signs the courts will rebuke the president for going beyond his authority. others are saying they simply do not want to risk a shut down. >> i don't believe we will. we now have an exit sign and that is, the federal court decision saying that the president's actions unilaterally are unconstitutional. and i think we've got a great argument to the united states supreme court where it will go. >> reporter: some other options may be a short term continuing resolution funding homeland security for another month or two. we'll get a better sense when lawmakers travel back from the home districts and home states later today. bill: you got it. mike emanuel, we'll be in contact. thank you, mike. >> reporter: thank you, sir. patti ann: the new second irtoday of defense ash carter holding a closed-door meeting with top military officials and diplomats in kuwait. the main topic? the strategy against isis. national security correspondent jennifer griffin is live at the pentagon with that story. do you expect to hear any strategy pronouncements while the new defense secretary is overseas? >> reporter: not in kuwait. aides close to defense secretary ash carter say this is more of a listening tour. he is currently in kuwait where you mentioned he met with his defense counterpart but the most important meeting he had this morning with the top generals and u.s. diplomats who are prosecuting the war against isis. he told his generals not to come with any power point presentations. centcom commander general lloyd austin was at the table. lt. general james terry who overseas operations in iraq and syria. the general in charge of training syrian operation and those in charge of u.s. special operations. he was asked two questions by u.s. troops. his thoughts calling this islamic extremism when and if he would authorize the use of u.s. ground troops. >> i think we need to be convinced any use of our forces is necessary, is going to be sufficient. that we've thought through not just the first step but the second step and the third step. >> reporter: there are currently 3,000 u.s. troops in iraq and nine thousand u.s. troops next door in kuwait, patti ann. patti ann: jennifer, the defense secretary made some news from afghanistan. what did he announce? >> reporter: he said that the u.s. was reconsidering a timeline for withdrawal of the remaining 10,600 troops in afghanistan. >> our priority now is to make sure this progress sticks. that is why president obama is considering a number of options to reinforce our support for president gaun any's security strategy inconcluding possible changes to the timeline for our drawdown of u.s. troops. >> reporter: adding the president is considering keeping a u.s. military presence in the south near the spiritual birthplace of the taliban leaving the kandahar airfield open for use by u.s. special operators. >> jennifer griffin reporting live. thank you. bill: fox news alert. officials in nigeria saying a suicide bombing who attack ad market was a young girl perhaps no more than 10 years old. that blast happened over the weekend in nigeria's northeast. no group claiming responsibility but it bears all the signs of similar bombings by the group boko haram. raising fears the group is using kidnap victims to carry out attacks. five people including the bomber died in that blast. >> the families of three missing girls are begging them to return to england. those british teenager boarded a plane to turkey last week. authorities believe they're trying to get to syria to join isis. there is a growing trend of young girls and women interested in joining the group, a trend their families say has to stop. >> it is a really cool, evil -- cruel and evil thing to do, convince young children, young girls, highly intelligent my little sister is a a student to convince such young girls at that age so vulnerable and so it is just wrong. it is evil. it is really evil thing to do. you're breaking up entire families. patti ann: the families say the girls ages 15 and 16 showed no signs of extremism. bill: the nation's republican governors, meeting with president obama, less than an hour from now in the white house. is there common ground to be found at this meeting? kevin corke from the north lawn. kevin, immigration, the order there, is there any agreement on that? >> reporter: let's be honest about it. you know there won't be despite importance of this issue the truth is, especially many republican governors would prefer the white house not hand out policy instead leave it in capable hands of congress. if you follow congress, i know you have you know gridlock has been the order of the day here for quite some time. this is especially thorny issue for the state of texas. lone star state governor greg abbott says the president is out of his authority pushing for executive action. he says enough is enough. >> he is saying he is going to act because congress is not acting. at that is not the way of united states america works. not the way the constitution was created. he is acting in violation of the united states constitution which is why for one, we brought this lawsuit. for another, why we are winning this lawsuit. >> reporter: governor greg bab bottom of the lone star state of texas. he said the fact white sus asking for stay asking for status quo. that is not what the president has done by this executive action, he suspects that the high court will side with them or any existing court that will review this case will side with them.e about obamacare and aid to the states whether the governors take federal money. that will come up. what will come of it. >> reporter: no question. we're talking big dollars. 36 states fighting not to have these subsidies. millions of americans are counting on these subsidies so they can be covered under obamacare. the again real issue here is, can the law as it stands the affordable care act really compel the states to do so? right now a lot of republican governors are saying listen, we can't afford this. this is not what we sent you to do. they will continue to fight for this. you will hear spirited conversation bill, if you will, as they have the meeting at white house coming up. bill: indeed. kevin, we'll watch it from here. kevin corke from the white house today. patti ann. >> the terror group has done it before. the group behind the mall attack in kenya is setting its sites on the biggest maul in the united states. we'll have that. also this. >> very, very bad. >> roads are terrible right now. >> i wouldn't be out if i didn't have to work. bill: stay home right? if only you could. sending temperatures plunging. dangerous icy roads. brutally cold temperatures slamming the southeast. how bad will it get? we're live in the extreme weather center to let you know about that. patti ann: wisconsin governor scott walker facing criticism asking questions about the president's faith but should he have faced that question? we'll debate that fair and balanced. >> made it clear he doesn't want to engage in this discussion. maybe he won't be able to pull that off. there is huge double-standard. what is interesting over the weekend, two serious mainstream media journalists have admitted this double-standard. across america people, like basketball hall of famer dominique wilkins, are taking charge of their type 2 diabetes... ...with non-insulin victoza. for a while, i took a pill to lower my blood sugar but it didn't get me to my goal. so i asked my doctor about victoza. he said victoza works differently than pills and comes in a pen. victoza is proven to lower blood sugar and a1c. it's taken once a day, any time. and the needle is thin. victoza is not for weight loss but it may help you lose some weight. victoza is an injectable prescription medicine that may improve blood sugar in adults with type 2 diabetes when used with diet and exercise. it is not recommended as the first medication to treat diabetes and should not be used in people with type 1 diabetes or diabetic ketoacidosis. victoza has not been studied with mealtime insulin. victoza is not insulin. do not take victoza if you have a personal or family history of medullary thyroid cancer multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza or any of its ingredients. symptoms of a serious allergic reaction may include swelling of face lips, tongue or throat fainting or dizziness, very rapid heartbeat problems breathing or swallowing, severe rash or itching. tell your doctor if you get a lump or swelling in your neck. serious side 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follows a tentative deal between the ports and unions reached over weekend. getting back to normal will take some time. dozens of cargo ships remained docked at sea. it could take weeks if not months to clear the backlog there. patti ann: terrorist threat targets the mall of america. al qaeda-linked terror group that massacred 61 people at a shopping mall in kenya now releasing a new chilling video calling for an attack on the largest shopping mall in our nation. homeland security secretary jeh johnson urging maul visitors to be on the lookout for anything unusual. >> we just revamped our if you see something say something campaign at the super bowl last month and so public engagement public awareness, is critical. americans should still feel that they are free to associate, they are free to go to public gatherings but it is critical that we have public awareness and public participation in our efforts. >> christopher voss is a fbi former special agent and terrorism expert. also managing director of insight security. thank you for joining us. >> good morning. my pleasure. patti ann: dhs says there is no specific credible thought. how seriously would you take this threat? >> well i like at this two ways. one in sort of the awareness issue almost look at this as a public safety announcement. we need so look out for each other in our society. this is a reminder when we go out to public places, look out for each other. simple things be aware where entrances and exits are, similar to a fire drill. any other sort of thing. just to take care of each other. now what does this tell us about al-shabaab? what this really tells us they're low on money. they needed to do announcement, followers in the area of this mall, not doing anything, make them feel guilty for sitting on their hands. there are a lot of people sympathetic to al-shabaab want to shop at mall. they don't want anything to do with violence. sympathetic to the causes back home. they're trying to get them to send money. this is a little bit after guilt trip on sparse al-shabaab's part send pounds. we mead look out pour each other, ache care of each other and be aware of our surroundings out and about. patti ann: is there mig we can learn from the kenya mall attack of 2013? >> it is aware issue. understand where the entrances and exits are for any sort of emergency. even if it's a fire. how to get safely out and help other people get out. you should also be conscious -- patti ann: is that enough though? jeh johnson said visitors to the mall of america should be particularly careful. dhs said it provided local law enforcement and private sector partners with relevant information about the video. can we aassume more is being done behind the scenes other than just giving local cops information about a video? is there a plan behind the scenes here? >> well i think there has been a plan all along. i mean they know where the funding and the recruitment comes for al-shabaab. they have been working very hard behind the scenes to make good relationships in the community so that if someone wants to do something violent that the intelligence is gathered. jeh johnson and department of homeland security have been looking at this area for a while because there is a large somali community nearby. patti ann: johnson actually says he personally visited minneapolis to meet with islamic community leaders, supposedly to accomplish what you're saying, to get any kind of information, any kind of cooperation. do you suppose that meeting accomplished some of that? >> you know i think even the fact that showed up and showed them that he cares, whenever leaders like that show up in a community and have direct face-to-face can't, and if nothing else, show respect for them, that does a lot to create good relationships in the community and by and large the somali community is living there because they want to have a decent place to live and work. they don't want to be part of the violence. so they want the law-abiding aspects of the community to root out the few people that might be prone to violence. >> tell us more about al-shabaab. it is based in somalia. it is affiliated with al qaeda. how would you compare it to isis to some of these other groups? >> well, they're struggling. they're a criminal gang. they are clearly with nothing going on right now, they're in a publicity business like all terrorists are and they actually see themselves being overshadowed by isis who are running all these videos. they actually get jealous of one another. in my view them showing a video at this point in time is telling us that they're low on funds and they're trying to get their followers to give them more support. patti ann: christopher voss, thank you so much for joining us. >> thank you. thanks for having me. bill: very interesting. 20 minutes now past the hour. she is being called the drill sergeant from hell. a woman on trial for literally working her granddaughter to death. we'll have details on that. patti ann: also a teenaged driver pulled from a crash in the nick of time. the heros who saved his life share their incredible story. >> seconds later if we didn't get him out of there, this would have been a tragedy. >> seconds after you got him up the car blew up? >> actually the car engulfed in flames just as the fire department was arriving. help brazil reduce its overall reliance on foreign imports with the launch of the country's largest petrochemical operations. when emerson takes up the challenge it's never been done before simply becomes consider it solved. emerson. you pay your auto insurance premium every month on the dot. you're like the poster child for paying on time. and then one day you tap the bumper of a station wagon. no big deal... until your insurance company jacks up your rates. you freak out. what good is having insurance if you get punished for using it? hey insurance companies, news flash. nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. liberty mutual insurance. patti ann: a massive cleanup effort after a powerful cyclone smashes into the east coast of australia. cyclone marcia, hitting the region with winds up to 185 miles an hour. hundreds of homes destroyed, more than a thousand damaged. 50,000 people without power. the government sent in army troops to help. >> devastating storm hitting the south over the weekend, snapping telephone and power lines and turning roads into sheets of ice. now a storm front is bringing more ice and more snow along with some brutally cold temperatures across the country. 30 below with the windchill in marquette. 23 below in green bay. meteorologist maria molina live in the fox weather center with more on this coming up on march, maria. what's up? >> we're hoping for some kind of a change in the weather pattern but doesn't look like that will be happening at least in the short term. throughout the work week we'll continue to see cold arctic air impacting a large chunk of the country. we have several winter warnings in effect and advisories across parts of the interior northeast up into new england and upper great lakes and upper midwest. what that means we're looking at dangerous amounts of cold. if you leave your skin exposed for a long time or head outdoors for longer period of time you will look at issues out there. please be careful. some numbers out here are quite incredible. you're looking at temperatures or current windchill temperatures cold as 20 degrees below zero. cold windchills across parts of the plains. even in tulsa midland, texas, you're looking at windchills only in single digits this morning. this renewed threat for arctic air mass to continue time pack the country continues throughout this work week. tuesday morning still cold out there. louisville only temperatures in the teens. wednesday morning stays cold out there. continues for thursday even friday so continuing to see very cold temperatures out there. we do have winter weather early this morning across portions of oklahoma and texas. that will stay in place throughout the day. going to be big issue in terms of travel. texas panhandle looking at snowfall. overall, totals across the plains will remain generally light. but this will be enough to produce issues on the roadways. the heavy stuff really concentrated across portions of the rockies. that is looking potentially a foot of snow. even locally higher amounts. moisture across the mid-atlantic bringing light snow there. bill, i want to show you winter weather advisories. very widespread and freezing rain, a concern all the way down to areas just north of houston and also across parts of louisiana and mississippi. the cold arctic air impacting places typically we see it, midwest and northeast but down into the parts of the southern plains. bill: wow. she is still here. still here. >> go away. bill: thanks, maria. talk to you real soon. patti ann? patti ann: wisconsin governor scott walker taking heat for his answer to a question about president obama's faith but why was walker asked about that in the first place? is there a double-standard and how candidates from different parties are treated by media? that debate coming up. bill: hoping to go where no one has gone before. we'll talk live with a finalist for a trip to the planet mars. first, here is many solve his competition. >> i love science. i worked in hazardous environments. i'm resourceful. i like tinkering and solving problems. i have led teams and i'm a valuable team player. i'm confident we'll overcome challenges we face as we start a new community away from earth. let's take the next giant leap for mankind. let's go to mars. your daughter has a brilliant idea for her science project. and you could make it happen. right? wrong. because you're not you you're a cancer hospital and your daughter... she's a team of leading researchers... and that brilliant idea is a breakthrough in patient treatment that could save thousands of lives. which means you need a diverse team of advisors helping you. from research data analytics all the way to transformation of clinical care. so you call pwc. the right people to get the extraordinary done. >> some top stories, security in the mall of america stepped up following calls from the terror group al-shabaab to launch attacks on the u.s. malls and europe. there's a proposely three-year time limit but the president is still reportedly abused to geo graphic limits on the authorization. and ukrainian officials say continued attacks from russian backed rebels are delaying the pullback of ukrainian artillery and killing the proposed cease fire. officials say they won't withdraw the equipment until the attacks stop. >> republican governor out of wisconsin, scott walker taking heat for his response when asked by "the washington post" whether or not he thinks president obama is a christian. quote, i don't know. i've never been asked -- i've never asked him that. you've asked me to make statements about people that i haven't had a conversation with about that. how could i say if i know either of you are a christian? what about that? president of conservative review and fox news contributor and president and contributor to the hill.com, good morning to you as we hit here on a late monday in february. the suggestion is that democrats are not asked this same question. are they or not? >> this is the perfect example of the double standard with the media, bill. and, you know, instead of them asking the potential republican candidates about what they're going to do should they get an office to turn our country around instead they're playing the gotcha game. there are important issues they should ask the individuals. i sis is a huge concern among americans. they're ignoring what americans are most concerned about. isis is one of them and others are the failures of obamacare. what are you going to do if you're in office to fix obamacare? >> you would rather see questions on politics. >> absolutely. >> double standard or no? >> no. and context is important here. rudy giuliani made comments he made and i think the president needs better people. he could have answered questions and said the president says he's a christian. i believe he's a christian. i believe he loves his country but i disagree with his policies and leave it at that. every time in any party, democrat, republican, doesn't matter, if you have surrogates out there speaking for you, you're accountable for what your surrogates say. >> could he have just said he's a christian, that's what he said and -- >> he didn't find that of a concern. you would have to ask president obama if he's a christian. i'm sure he's not the only person who has that question but the bottom line is the media has not -- did not vet president obama like they should have so we're going back in time for something we have no control over. they should be more focused -- >> steve hayes was asked about this yesterday on fox. this is how he addressed the issue. >> i think if you look at the entire part of the interview that "the washington post" published, actual news there was scott walker taking on that questioning saying look. i'm not going to certain myself with the trivia stuff. i don't know. it was the same response he made with rudy giuliani. >> you were making the point about the double standard. others would suggest if joe biden were to make a misstep, democrats are not asked about that. >> they are. >> they're not asked to clarify the vice president. >> they are. it goes back to the point, if you have surrogates out there speaking on your behalf, especially if you're a campaign hillary clinton had to go through this. >> can you name one case where a democrat was asked to respond to joe biden? >> i don't know about joe biden specifically but there are democrats that are being asked to respond to things that they're saying all the time as a pundit. how many times am i asked -- even as a pundit how many times am i asked to repeat al sharpton? it happens all the time. and that -- unfortunately that is what happens but it happens -- >> go ahead. >> they should be asking -- obama wants to fundamentally transform our country, his energy policy is one of those ways that he's trying to do that. he should be empowering individuals to have more disposable income to be employed in jobs. when you're harming the energy industry, you're putting americans' lives and future i think, in jeopardy. >> why do you think that doesn't happen? >> he doesn't see america -- he wants america -- >> the whole line the line of questioning that you're suggesting he does not get. >> again it's a double standard and again, the media is not doing due diligence for americans. they're in the hole with the white house, covering for obama's failed policies and this is the conversation that they are trying to distract americans from. >> he's getting those questions but i think if you go back a little bit, the context of these questions to governor walker is extraordinarily important. you're responsible for what your surrogates say and his -- clumz clumsily out of responding to rudy giuliani in syria, yes, i don't think he should answer questions about whether the president is christian or not. i agree with that. >> it's a double standard. >> i don't think it's a double standard. >> absolutely it is z. they're held to the same standard. >> they are not. >> if you have a question what the president believes on a policy issue deal with that. if you have to respond to rudy giuliani, isolate him, too. then it's distracting you. >> it's the grandest distraction from obama's failures of his policies for our country and what the media is doing is really covering for that bringing up these other topics such as this one so that this is what we're talking about and again, we're not talking about isis, not talking about his failed energy policy. >> not talking about governor walker's reform in wisconsin. >> that as well. that's why they're going after him. >> there will be time for all of that. thank you. appreciate you coming in today. 36 minutes past the hour. >> bill an illinois teen is alive after narrowly escaping a fiery crash. the crash happened saturday in chicago on the city's historic lake shore drive. the dramatic rescue unfolded after the teen lost control of his s.u.v. and hit a tree head on. bystanders rushed to the wreckage and pulled him out literally seconds before the vehicle exploded. >> he was unresponsive when we pulled him out of the car. the fire the smoke got to him. it got to us pulling him out. >> the teen was hospitalized with head and leg injuries but is recovering. the cause remains under investigation. >> the american sniper murder trial coming to a close with the man who killed chris kyle suffering from insanity or did he know right from wrong? a jury is about to decide. >> and an incredible sight for people to see if two states. what caused this rocket ball in the sky? >> we seen a bright light and the best way i can describe it it looked like a large firework but then there was a big ball of fire behind it. >> that is one of the more icon yik photos turning 70 today. u.s. marines raising the american flag. before it was all over 7,000 americans were dead and another 19,000 wounded. some troops who fought on eeiwo jima were marines. >> american sniper murder trial delayed today because of weather, leaving one more day until jurors are expected to hear closing arguments in the case. ex marine eddie ray routh is accused of killing chris kyle and chat littlefield two years ago. his attorneys say routh was legally insane. prosecutors rebutt that defense and our fox news senior analyst joins us now and he's been watching the testimony. >> it's unfortunate when guilt or innocence comes down to a squaring match between experts but that's what this is. there's no question he fired the bullets that killed two guys. what was going on between his ears at the time? did he know right from wrong? he puts on an expert who says he didn't know right from wrong. he was so deranged by what happened to him in the military and throughout his life from drug use that he really thought that chris kyle was going to kill him and the only way to save his only life was to kill chris and even after he did it he didn't know what he did was wrong. government expert says the opposite. he had tremendous remorse afterwards. that's an indication he knew what he did was wrong. >> but he also acknowledges the state's witness, that there was impairment due to drug use. >> yes. it's obvious that routh does not think the way normal people do if there's -- you know there's a range of normality. he was a very, very very heavy drug user and that has impaired his brain. the question is did it prevent him from knowing right from wrong? now, i watched the testimony and i believe that the defense expert was a far better expert. he was just more credible. the government's expert was an academic who was testifying on the basis of theory. nevertheless, in texas it is the defendant's burden to show that he was insane rather than as laws in most states the government's burden to show that he is sane and jurors are not likely to let somebody off the hook in a case of murder because of what was going on in his head. so i don't know that this defense will work. we'll find out by the end of the week. >> it's been postponed today. they'll be back tomorrow. a few more rebuttal witnesses and then click closing arguments and we'll see what happens. there's another trial going on very upsetting situation where you have a grand peoriamother accused in the death of her 9-year-old grnd daughter. she made the granddaughter run for four hours because she lied about candy. the grandmother is insisting she died from other medical causes but lawyers for the prosecution say she was severely dehydrated, she may have been made to carry firewood. what do you think of the case? >> this is another case where the principle is in the same as the american sniper case. that is experts disa a groeagreeing with each other. the girl died right after this forced two-hour run. the question is did she have other ailments in her body or did the doctors mistreat her? there's a real, viable as i understand it substantial medical malpractice case that the girl's father filed against the hospital to which the girl was taken and his doctors and lawyers in that case have argued that they could have saved her if they did the right thing but they didn't do the right thing. so again, alabama is the same as texas in a criminal case the defendant must prove the affirmative defense. it wasn't my fault. it was the hospital's fault. so this woman's picture was on the screen. th hire doctors to examine the records and testify as expert witnesses in her behalf. then it was the hospital that killed the granddaughter, not the grandmother. >> you know, just looking at it as the basic facts, forcing a 9-year-old girl to run for two straight hours -- >> that's horrific. absolutely horrific. it's certainly impairing a child. it's certainly harmful to the child. there are certainly lesser included offenses in here for which she could be found guilty. the issue is did this running cause her death or what caused her death? did the running contribute to the death but something else caused it? she's exposed to the death penalty here. they're trying to get the jury to convict for something less than first degree murder so that she'll spend time in jail and have a life afterwards rather than be executed. >> how much does this separate medical malpractice civil suit come into the criminal trial? >> all of it. it hasn't been tried yet but the allegations will come in the medical records will come in. the doctors who examined the medical records for the father of the girl who is the son of the defendant, if you follow me he's hired lawyers and doctors to bring about the medical malpractice case. all of them -- not the lawyers but the doctors will testify in this case to try to demonstrate to the jury that this girl died because the doctors dropped the ball at the hospital not because the grandmother made her run for two hours. that does not exclude the grandmother's behavior. it just lessens the crime for which the grandmother is likely to be convicted. >> all right. two interesting and tragic cases. judge, thank you as always. >> you're welcome. >> thank you. fox news alert from washington. fox news confirming the keystone pipeline bill is expected to be sent to the president tomorrow. the president said he will veto the bill. takes about a 2/3 vote and -- well, it takes a 2/3 vote in both bodies of congress. there are 62 ayes in the senate but the magic number to overcom the veto is at 67. we'll let you know what comes of this here. so who wants to be a real life martian? a lot of people. they are willing to give up just about everything they know for a one-way trip to the red planet. and you are about to meet one of them next. >> i would be an excellent person to send to mars. you see, on mars you may need to dig a hole to survive the radiation and i'm your man. now? can i at least put my shoes on? if your bladder is calling the shots ... you may have a medical condition called overactive bladder ... ...or oab you've got to be kidding me. i've had enough! it's time to talk to the doctor. ask your doctor how myrbetriq may help treat... ...oab symptoms of urgency frequency, and leakage. which may mean fewer trips to the bathroom. myrbetriq (mirabegron) may increase your blood pressure. myrbetriq may increase your chances... ...of not being able to empty your bladder. tell your doctor right away if you have... ...trouble emptying your bladder or have a weak urine stream. myrbetriq may affect... ...or be affected by other medications... ...so tell your doctor about all the medicines you take. before taking myrbetriq, tell your doctor if you have liver or kidney problems. common side effects include increased blood pressure, common cold symptoms, urinary tract infection, and headache. take charge by talking to your doctor about your oab symptoms and myrbetriq. find out if you can get your first prescription at no cost by visiting myrbetriq.com >> after a 10-day break congress is back with a lot to do including a potential partial government shutdown. we expect them to vote on that as president obama gets out his veto pen. plus we will tackle the so-called inevitability of hillary clinton and has the media done enough to spotlight the unfolding of ukraine? >> folks in northern florida are getting a look at a possible meteor. huge fire ball lighting up the night sky late saturday. one woman managed to catch the amazing sight on her surveillance camera and many witnesses say they also heard a loud boom or explosion as it passed. nasa says it may have been a meteoroid in the atmosphere. there were more than 100 reports from florida to georgia. >> i would like to go to mars because i'm curious. i would like to go to mars because i believe that that planet may hold the answers to some of the greatest unknowns that exist in science. >> that's one of many now trying to get a one-way ticket to mars. would you take that ride? epic list of more than 200,000 volunteer voyagers now whittled down to less than 100. they are competing for a spot on a team that will travel to the red planet to establish a human colony. ben is one of the finalists live out of los angeles today. good morning to you. welcome to mesh's news room. why do you think you have the right stuff? >> that's a good question. i'm not an engineer. i'm not an astro physicist but i am an artist and i think if we're going to create a permanent settlement on mars that you're going to need artists. i think art is vital, art is necessary in any healthy, thriving culture and i want to be a part of that. >> tell me about the competition so far. what kind of questions are they asking? what kind of an individual are they looking for? >> i think they're looking for someone who is stable who is not some you know crazy looney who wants to go to mars and play board games and just hang out, who is serious about it who is grounded. they're asking questions like, is this real for you? is this something that you would leave your family for? if they're going to invest eight years of astronaut training they want to be sure to get the return back. >> so why are you willing to do that then? some have suggested this is a one-way ticket. >> oh man. lots of reasons. adventure, curiosity, you know more than that to help inspire the world. i think that is lacking in today's age of space exploration. we need to get the focus back on it. >> the company is called mars one, right? dutch non profit group. it will take a billion dollars to pull this off. should we take this company seriously? >> it's going to take around six billion to pull it off. and i think you need to be realistic. we're only going to get the funding if the television show reality television show actually happens if it gets off the ground if it gets the funding it needs. the olympics is a model they're looking at to help raise the money but yeah, that's a big hurdle and i think that is probably the biggest hurdle from stopping this from happening. >> when you take about a one-way ticket i think people think self induced suicide. you're not in that category. you're only willing to make this trip if it even comes to pass if the intent is to establish a human colony on mars. do i have that clear? >> absolutely. i don't want to go just to go. i don't want to get there and cross that off the list and say we did it and then die. i want to go because i want to help inspire the world for years to come and i want to take the first steps off this planet. i think that's a vital, vital thing for humanity to do towards the future. >> i imagine that's an interesting conversation to have with your family. ben, do you think this will happen? >> i want it to happen. i hope that it happens. i know there are -- again, there are huge rurlgdzhurdles to overcome. i have to hope i have to trust. otherwise, i shouldn't be spending eight years of my life training for a program that's not going to get off the ground. >> a long way to go literally in many ways from santa rosa california. ben, thanks for sharing your story. we'll follow this and see if it gets traction. >> my pleasure. >> thank you. >> terrorist video urges attacks against u.s. shopping centers, specifically mentioning the mall of america in minnesota. we'll talk about the risk shoppers face coming up. help brazil reduce its overall reliance on foreign imports with the launch of the country's largest petrochemical operations. when emerson takes up the challenge it's never been done before simply becomes consider it solved. emerson. >> a monday in late february. >> last monday in late february. >> wow. thank goodness. >> february can't end soon enough. >> good to be with you. >> you, too. >> see you all later. "happening now" starts right now. make it a great monday. >> we begin with the largest mall on terror alert. jon: al-shabaab warns the mall of america could be the next target. more than 100,000 people shop at that mall in minnesota every day. the somali terror group calling for new wave of attacks on western shopping centers. it's the same group that claimed responsibility for an attack that left more than 60 dead at the west gate mall in kenya in 2013. doug is live at the mall of america in bloomington, minnesota right now.

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