>> i will see you on radio. >> i will see you later tonight on the factor. have a great day in between, everybody. we will see you later. >> we start off with an international smuggling ring where the arms dealer sought out isis terrorist as the intended customer. i am jenna lee. >> and i am jon scott. a thriving black market is shown in key components with the fbi reportedly interrupting four attempts by gangs with russian ti ties selling nuclear weapon materials looking for buyers in

the middle east. landon is live with more. >> reporter: nuclear material in the hands of isis sounds far more plausible following this undercover investigation between the fbi and moldova police officers. they discovered an uranium network that has been operating for five years in a backyard here. the smuggling network offered a large amount of the deadly material to someone they believe represented isis. they were saying it was essential the material go to the arabs because they would be the most essential in buying the bombs and the american states must be annihilated. the undercover moldova police had 20 meetings before purchasing the viles for $320,000. if the buyer liked what he saw

he got a kilogram every week at the same price. they would get blue prints for war heads and even an old missile system. they said they had access to the materials in crimea which was annexed months early. the king pin known as the colonel got away and no additional nuclear material was uncovered. the scale of the stockpile means this can go on. and as relationships sour, it will be harder to deal with them. >> benjamin hall, reporting live. >> this is new concerns over russia's military move in syria as u.s. officials say fighter jets are coming close to american drones in syria on three separate occasions.

the run-in taking part in the north part of the country. jennifer griffin is live at the pentagon. >> fox news learned in the past week alone russian fighter jets have intercepted use fighter jets at least three times in a dramatic escollation over sea. the russians have not attempted to shoot down the planes but the russians want to make their presence felt. it is confirmed four russian ships launched cruise missiles that flew over iran and iraq before striking isis-controlled area in syria. it is the first time since striking last week they started targeting an isis area. yesterday helicopter gun ships

were moved to homes, a hundred miles east of the air base on the mediterranean coast. along with other artillery. officials believe they could launch a ground attack against opposition forces. today at a press conference in italy, ash carter criticized the russian escalatinescalating. >> despite what the russians say we have not agreed to cooperate we have not agreed to cooperate with russia. >> reporter: what is new today is for the first time the russians have evidence they are firing into isis territory with tomahawk missiles and it is not clear how effective the strikes

were today. >> jennifer, thank you. serm some big questions with that. >> shifting gears to presidential politics. live pictures from mount vermon, iowa where hillary clinton is holding a forum at cornell college. this as the embattled democratic frontrunner is looking to set herself ahead in the first democr democratic debate. let's talk about the strategy here with matt lipman. former joe biden speech writer. and a fox news contributor and strategist is here with us as well. more than over, clinton is criticizing her former boss. >> criticizing or disagreeing? >> she is disagreeing with the policies of the obama administration. >> they ran against each other eight years ago so they don't agree with each other on every

issue. it is good to see hillary clinton coming out with her own position. there is no reason to be in lock step on a lot of issues. they are anti-immigration reform, anti-women's rights they say about the republicans but the democrats have a few disagreeme disagreements as well. >> what about it? keystone pipeline. she came out saying i am against it. nobody really presumes the obama administration is roaring to build the pipeline >> it is not he has been for it. also with the trade deals. she is trying to placate the left and that is where the largest competition is with bernie sanders and that is why he is challenging hillary clinton. a lot of liberals who gained power under president obama don't think she is a bona fide liberal. 60% of the american people feel we are going in the wrong

direction eight years after his administration. she has been uncertain to talk against the white house because she needs them to keep joe biden out of the race. >> one of the ironies is she is criticizing the obama administration for being too late to sell don't ask don't tell. but her husbanded signed that order into issue. >> a lot of people, including almost all of america, has d th. i don't think hillary is viewing it that way. she is a very strong candidate, poplar within the democratic party, way ahead in the polls you have been talking about. i don't think she is afraid of joe biden, who i think is a good candidate. but i think hillary is doing well. >> way ahead in the primary

polls, which granted are important but when you take it to the national polls in the swing states, joe biden is a much stronger national candidate against almost every republican although he is loosing to ben carson, jeb bush, and to mark rubio in a lot of key swing states including pennsylvania. >> but not overall. and hillary is up by 30% in the democratic polls >> maybe in the democratic polls but hillary's likeability and trustworthyness numbers are under water. >> carly fiorina and ben carson. does anybody think carson or trump is going to be the next president? >> thinks change. let's look at the long-term projectory and that is hillary clinton is not going to win the presidency having the popularity

and favorability she has. >> 17 republicans versus one. as we get closer to one-on-one we will see her numbers fly up >> 95% of the people have an opinion on her so how is that possible? >> one of the issues she has criticized the president is the benghazi hearings suggesting if she were president she would have done more to squelch that congressional committee. does she not know about the separation of powers? congress can do their own thing. >> what has been going on with congress and hillary clinton for 25 years is crazy. this started with burton taking a water gun and shooting a water melon. >> the exposure came from "the new york times." hillary clinton has to account

for a lot of conduct. the american people are judging she is not honest and trustworthy and has a lot to do to change that. >> we appreciate it. thank you both. donald trump came up in that conversation and he is the frontrunner for the white house and sat down with bret baier for a wide ranging interview with questions about his policy, place in the polls and his relationship with the media. >> you are leading by all accounts in almost every poll. big. even in early states. yet, you are starting to get questions about when would you consider getting out of the race. >> it is very dishonest reporting. they ask me would you ever get out of the race and i am leading in every polls and i said yeah, if i did terribly i would get out but i am not.

and they said trump will maybe get out of the race. that is dishonest reporting. i am not getting out of the race. when i answer it that way, you look at the people polling at 0, and they ask them, are they getting out? we know they will be out over the next couple weeks. i think it is just a simple thing to say i am not getting out of the race. i am here. i am here to stay. i am going to win it. and we will make america great again. >> much simpler answer. >> do you think you have to win iowa and new hampshire? >> i am leading in both so i might be able to do that. i am leading in both and leading significantly in one and going to iowa tomorrow. and we have a packed house as usual and it is going to be a lot of fun. i am having a lot of fun doing it. >> we are going to talk about the importance of iowa later in the show. and he said he fears isis terrorist could be among the

migrants and we need to be concerned. police asking for the help to track down the person who killed a canadian tourist on her first backpacking trip in the united states. and days of record rain fall but the threats from historic flooding is far from over. and we want to know what question you would like each candidate for the white house to answer. tweet us. jon scott or jenna or at "america's newsroom." you can use the #fourquestionsnextfouryears. our live chat is up and running. go to foxnews.com/happeningnow.

relatives of a 23-year-old canadian woman found dead in a san francisco park say she was on her first solo backpacking trip. carry suffered blunt force truma to the head and they are asking were help to find the suspect. and a man in california pleads guilty to nine counts of murderer. martinez is going to be sente e sentenced to life in prison without parole in terms of a plea deal. and san francisco released video in hopes of finding three people of interest in the death of a hiker. 67-year-old steve carter was found shot to death on the trail monday night. the threat of flooding is far from over as crews race to shores of dams in south carolina as more people are being forced

from the coast. jonathan is live with more. >> reporter: hi, jenna, look behind me. in the middle of the lake you can see the suv sitting here. and that was sitting in this driveway i am standing in. as we pan over to the right you can see that the family that lived here has layed out carp--d out carpets. and look at this house. the strength of the flood waters partially knocking the house off the foundation. this used to be the driveway. it has been cracked and flood waters are stagnant in the middle of it. it is a similar scene throughout this lake catherine neighborhood. a few minutes ago we went on a driving tour of the neighborhood. we saw residents clearing out their homes in some cases being helped by friends from other parts of the city.

friends who were not impacted by the flood. and in some cases complete strangers from other cities coming in and helping them. it is a daunting task but we heard no complaints. listen. >> i haven't cried about it. this is just stuff. you know? we have our lives and the love of everybody and i just -- it hasn't really phased me. >> meanwhile, the national guard is working with engineers to stabilize water levels at the columbia canal. this is a major drinking water reservoir for the city. they are building a temporary dam there with sandbags and each bag weighing one ton. they are trying to maintain minimal water levels to let the plant remain operating. most of the columbia area is under a water boil warning and

water stations have been set-up around the city handing out free water bottles to anyone who needs them. >> a massive recall for millions of volkswagon in the work. how long will it take to fix the problem? and defense secretary carter makes it clear the united states will not cooperate with moscow as sources say russian fighter jets intercepted a u.s. drone over syria. the impact this is having on u.s. foreign policy.

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will recall the cars that had equipment used to cheat on the emission test. the recalls, 11 million in all, will start afffixing them in january and hope to have all fixed by the end of 2016. the senate armed service committee wrapped up a hearing on iran's growing influence and medaling in the united states. joe lieberman testified. >> thes regime is hopeless. it is not going to change. -- this -- every piece of evidence is the contrary. i hope we can find a way to support opposition groups in iran. they deserve our support and it would be a form of pressure on the government in that would

unsettle them because it would threaten the survival of the regime which from every objective indicator i can see is a very unpopular regime in iran. >> joining us now is the former senior director of affairs at the national security council patience and managing director of the washington institute. we mentioned this happening on capitol hill. they are talking about iran. is that the number one priority still? >> iran is very much a part of the story in syria. it is a part of the story in iraq. and i think the iranians certainly have more power to extend their power and influence around the region in opposition to our interest and allies. >> can we walk and chew gum at the same time?

have a deal with the regime and support the opposition groups quitely in the streets of iran? >> i think we will have to. this nuclear deal is narrow, doesn't require the iranians to change their behavior in the region and i think president obama and the critics of the deal hope there will be a political transformation in iran and i think it will require encouragement from the outside world. >> i don't mean to use another expression but are we hoping too much there is going to be regime change. what support would we need to help that along? >> i don't think we can only hope. i don't think a regime change in terms of the military like iraq is a prospect but i think that standing up from a human rights in iran, standing up for the aspirations of ordinary iranians, who i think they got behind this deal because they hope it will lead to jobs in economic roads. standing up to those people and

not partnering with the regime is the way we need to go. >> this is the center of syria and russia. defense secretary ash carter made it clear we will not cooperate with russia in syria. and the secretary said it strategically -- russia's strategy is tragically flawed. ted cruz was on america's newsroom and said we need to go further when it comes to russia. here is what he had to say: >> russia is stepping in is taking advantage. i am remember of scoop jackson's characterization of the old soviet union. he characterized them as a burglar who walks down the halls in a motel jiggling to doors to see what is open. putin is taking the opportunity to go into syria and strengthen his position and become a dominant force in the middle east. >> what do you think of that assessment? >> i think there is truth.

it is not only taking advantage of the opportunity for russia but the objective they have is to protect the assad regime which was in trouble and the presence of the russian forces will help but it will not solve syria's civil war. i think he is directly challenging the united states and trying to reestablish russia as a power. we are conveyed we are not prepared to do anything about it. we seem deterred rather than putin being deterred. >> how do we fix that? >> we need to make him believe he is going to pay a price for his activities and we will not back down. it would have been easier to do that before he was in syria and frankly before ukraine. so now there is a tougher price to pay. >> i think the sanctions in place on russia because of what they did in crimea remain. there is interesting reports out that suggest part of vladimer putin's motivation is really

economic. and this is really about oil and having his grip on the middle east to perhaps manipulate the oil markets. what do you think about that? >> if that is his objective i don't think he is succeeding. i don't think that will really work. if he is trying to breakout of diplomatic isolation saying you need to deal with me that might be more successful. that can not -- cannot be the only price. i think we need to provide arms to the government. >> secretary john kerry is meeting with the president and a headline from the russian news agency is saying the united states is missing targets about isis as well which is what we are saying about russia. what do you tell them to do at

this point? >> the line that russia is doomed to fail contains a flaw. if russia doesn't succeed it is going said to be a victory for the united states. but standing by, firing the missiles into area where the u.s. is operating, that is a loss and humilitation for the united states. i think it is important to insure putin believes he will pay a price and whether that is the form of more robust american action in these places or continued sanctions and diplomatic isolation. we need to deter him rather than deter ourselves. >> sounds like we need to do something fast. >> yes, and a lot of different things. >> a public safety tool or money grabbing scam? an update on the ongoing battle over the controversial red light cameras in one county.

and a commission overturned the sentence for two brothers sentenced to death for the gruesome death of four people and now it is up to the u.s. supreme court to it decide hair final fate. why are the justice being asked to weigh in and which way will they rule?

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prepare to be amazed. don't wait. call today to request your free [decision guide], and find the aarp medicare supplement plan to go the distance with you. go long. jon: the u.s. supreme court takes up a case today about whether to uphold the death sentences for two kansas brothers and another man. convicted in a series of notorious murders. the brothers, found guilty of

robbing, sexually assaulting and murdering four people on frozen soccer field in east wichita back in 2000. here is look how their case unfolded. >> 911. >> i'm hurt. >> how are you hurt? >> i'm shot in the back of the head. >> critically wounded the young woman struggles to police her story. >> they broke into my house. raped me and other girls. >> how many people got hurt. >> they shot all five of us. shot my four friend. >> she tells police her friends are lying in frozen field, about a mile away. and like her, she one shot in the head and left nearly naked in zero degree temperatures. as police examined the murder scene, they wonder how this womaninged to survive. >> it just looked like a mass execution.

something like the st. valentine's day massacre. >> the murder victims were all healthy, athletic, in their 20s. so was their friend, survivor known as hg. the two gunmen held the five victims hostage, humiliating and abusing them for hours. jon: those murders took place in the year 2000. the two brothers were sentenced to death in 2002 for the killings. but that sentence was overturned last year a kansas state panel that struck down every execution since kansas reinstated the death penalty in 1994. so now the united states supreme court is being asked to decide their final fate. talk about the possibilities with troy slayton, former prosecutor and criminal defense attorney. rebeck lala grand is a -- rebecca legrand is a criminal defense attorney as well.

i can't think of a more heinous case, these four people. their home was invaded, tortured, sexually molested, assaulted inside the house. horrible things done to them. they were marched nearly naked out into soccer field where gunman put four bullets in all of their heads. the only reason there was survivor, she was wearing a hair clip that deflected the bullet. she was badly wounded. she was able to testify. i've said enough about the case. troy, the kansas court said because these two brothers were sentenced together in the same sentencing hearing, that is just not fair. and their sentence has to be set aside. how do you respond to that? >> you know, there is old saying in the law that justice delayed is justice denied. these victims have waited over 15 years to get closure in this case. they were sentenced to death by the trial court. and, it looks like i'm afraid to

say that this reeks of politics. this kansas supreme court had struck down and overturned every single death penalty conviction since the death penalty was reinstated in 1994. six out of the seven justices were appointed by democratic governors or more moderate gop governors. jon: yeah, it as really roiled kansas state politics, rebecca. there is an effort to remove some of these justices from the supreme court appointed by democrats what is largely a republican state. but let's get back to the case. so these two brothers, they committed the crime together. they were convicted together. and then they were sentenced together. why would that be unfair? >> because the eighth amendment requires that a jury make an individualized determination before applying the death penalty. the death penalty we all agree is the most serious thing that can happen. incredibly serious penalty. there need to be safeguards in

place, so if applied it needs to be applied correctly and fairly. the supreme court said this is complicated but unfair to think the brothers were sentenced together. one brother pointed at other and evidence that couldn't come in the against the two brothers. the supreme court said two opinions, no, the law requires more. to be clear they are not going anywhere. they have been convicted for capital murder. the best they can hope for to die in prison. while i understand troy's point how long this process has taken, these convictions will stand and spend rest of their life in prison but the procedures for the death penalty very important. >> people are convicted together all the time. this is not unusual. it happens in state courts all across the country. so, to say that it is unfair for there could be codefendants is just not legally sound of the issue is whether it was fair for them to be sentenced together. i think the supreme court is going to do the right thing and

reinstate the trial court's decision here. jon: because, again, getting back to the political aspects of this, a lot of people are saying, look, the justice on kansas state supreme court don't like the death penalty and do anything they can to avoid invoking it. i mean that is an argument, right? >> that is an argument but i think what you want to look at what was the rationale for the decision. i don't think we want voters to elect judges based on out come in a specific case. what you want for the judges to read the law and apply it. i think kansas supreme court did that here. >> that is exactly what the justices are doing here. the justices using their own politics. it appears like they're just against the death penalty, so they're trying to find any legal mechanism that they can to get the result that they want. >> or that they respect the eighth amendment, take it seriously and making proper protections are in place. jon: put up the pictures of jonathan and reginald carr one

last time. apparently family members of brothers testified at sentencing hearing, we could see, i'm sorry we could see reginald doing this, jonathan, he is much more mellow guy. does that have something to do, troy, with the court's reluctance here? >> you know, they were tried, they were convicted. they had their day in court. there is no issue that they had some sort of ineffective assistance of counsel. the jury here did its job and the judge applied the appropriate sentence. so whether you agree with the death penalty or don't agree with the death penalty it es the law of the land. we need to ply the law and not just try afterward get the result we may want. jon: it was a horrific crime. again three people dead. one woman left for dead. her story of survival is just incredible. i'm sorry four people killed. and one other woman left for dead. the fact that she survived is amazing. we'll certainly let our viewers

know what the u.s. supreme court decides. troy, rebecca, thank you both. >> thanks for having us. jenna: what a case. we'll continue to watch those that jon mentioned. new information on a fight in one county over those controversial red light cameras. some lawmakers want towns to stop using cameras after one man was charged with a misdemeanor for tampering. david lee miller is live in new york with more. david lee? >> reporter: that's rights, jenna. some folks are seeing red over these red light traffic cameras over my should. you can see the sign, photo enforced. they say warnings like this are somely not enough. one man got so angry he tampered with the cameras. then posted what he did on youtube. he was proud of tampering with the cameras. now he faces, at least two misdemeanor charges. critics call the cameras taxation by citation. to the tune of about $30 million a year.

they argue the cameras have been set up to produce revenue for the county, not to reduce accidents. one lawmaker is planning to introduce a bill to take the cameras off the streets. >> i'm all for if someone wants a red light and dangerous situation there is camera there, they should get a ticket, absolutely. i don't want to see every person just doesn't stop or go over the line a little bit get a ticket which is 95% of the time. goes to 99% of the time. that's wrong. >> reporter: supporters of cameras say since they were installed, there are 10% fewer traffic injury remembers and 30% reduction in t-bone type of collisions. they say there is no ticket quota in place to generate revenue. just a contractual arrangement with the company who installed the cameras at its expense to be fully compensated. >> this is really just part of the contract at that was set up with the contractor, so that

they could recoup some of their finances because of the fact that they have had a heavy investment putting all these cameras in. >> reporter: if you do get a ticket going through a red light camera illegally, it is going to cost you here at least $80. one resident said, the best way to avoid the fine is don't break the law. jenna? jenna: makes sense. david lee, thank you very much. jon you have very strong opinions about -- i actually asked jon while david lee was reporting whether or not this was his pitch, his story pitch? very passionate about this issue. jon: i hate those cameras. think they're unfair. somebody borrowed my car, got one of those tickets, had to pay it once upon a time. jenna: there is reason for it. jon: constitution says you can confront your your accuser in court of law. jenna: we'll have to allow for more information from jon. jon: i need judge naps to help

me. a copie let passes out forcing a emergency landing right on the heels after similar incident. plus the coast guard stepping up the search for any signs of the missing crew from the el faro disaster as the feds launch their own investigation. what they're looking for. order panera's new roasted turkey cranberry flatbread online with rapid pick-up then eat it, however you like. panera. food as it should be.

jon: these are the stories my coanchor always loves. new information on another terrifying scare in the air as united airlines copilot passes out mid-flight, forcing the captain to make an emergency landing this just one day of an american airlines pilot died of a heart attack midway through a flight from phoenix to boston. chief correspondent jonathan hunt live in los angeles with the latest. jonathan? >> reporter: hey, jon. these two incidents in two days have put renewed focus on the health of those who are at the controls of the planes which we all fly. in that most recent incident yesterday, the united airlines plane taken off from houston, headed to san francisco.

but it had to divert to albuquerque after the copilot became ill and at one point lost consciousness. now just a day earlier, 57-year-old american airlines pilot, captain michael johnston collapsed and died in the cockpit as he flew from phoenix to boston. that plane was diverted to syracuse. now captain johnson apparently suffered a heart attack. every commercial pilot has to be medically certified by the faa. those under 40 have to renew their certification every 12 months. for pilots over who, it is every six months. but it is not just physical he recent incidents just such as deliberate crashing of german wings flight 9525 in the alps by a pilot suffering with mental issues put a strong focus on emotional stability much pilots too. the mental health of the pilots in the still-unexplained disappearance of malaysia

airlines flight 370 remains part of that investigation and those two incidents together prompted the faa to announce a new study into the a awareness and reporting of emotional and mental health issues and the methods used to evaluate them. that study, jon, due to be completed by the end of the year. then the pilot fightness aviation rule-making committee will deliver its recommendations to the faa. and there may well be changes in light of all recent incidents, jon? jon: unbelievable. jonathan. thank you. jenna: as the coast guard searches for victims of the el faro ship disaster the feds are launching an investigation. what they're zeroing in on and the key clue they hope to find. complication in the case of a las vegas mom killed in neighborhood gunbattle. while the trial of her accused killer may be delayed.

jon: coming up on top of the hour. time for "outnumbered." sandra, harris. what do you have? >> jon, hillary clinton email scandal keeps getting bigger. why an employee at company managing her server wrote he worried they were part of a cover-up. >> deportation of criminal immigrants at a record low despite the president's promise to find and deport lawbreakers living here illegally. is the obama administration making us less safe? >> want love that will last? don't we all, harris? check your partner's credit score that is. we'll explain and talk about that one. >> if you're married you should know that right? shouldn't be breaking news to you. all that plus our hag hashtag

one luckify. jon: can't wait. jenna: among the most pressing questions, why the captain, crew and owner of ship el faro decided to risk sailing into the stormy waterses last week. the feds are investigating on communications between the captain and ship's owner as coast guard searches for possible survivors. phil keating in our miami bureau. phil, the coast guard not giving up at all in the search. >> reporter: at not all at least at this point at this minute the family members have private meeting with the coast guard. no media allowed in jacksonville, pending 3:00 news conference for the public. officially this is still a search-and-rescue operation looking for survivors in the infamous bermuda triangle. the odds of finding anybody alive incredibly remote. the debris field is large and

one pilot said it looked like a grovel course driving range. looks like a door to a container was fleeting in the atlantic. hope for survivors diminished each day since last thursday's final discall for the ship and adrift, listing 15 degrees, taking on water and facing on coming eyewall of category 4 hurricane joaquin. family and friends of 33 crewmembers held another candlelight vigil last night up in maine. >> we're not giving up. we're not giving up. you can't, we can't. we have to, have to be clear in our mine but no, nobody has given up yet. >> reporter: again the coast guard and ntsb investigators scheduled a 3:00 news conference in jacksonville. the top priority is locating the ship and retrieving it is highly valuable voyage data recorder. >> the ocean is a big and complicated place.

there is a search going on and when this type of vdr hits water. jon: issue pings for 30 days. that is the life of the battery. >> reporter: vdr, basically like the black box on a cargo ship and biggest challenge to finding it, it is likely 15,000 feet below the surface. jenna? jenna: phil, thank you. jon: new in our next hour of "happening now," new developments in the race for the white house where front-runners donald trump and hillary clinton stand in new presidential swing state polls. you will want to see that. plus the latest on scandals rocking the two major daily fantasy sports sites. how they are responding to claims that employee on one site used insider information to rake in nearly half a million dollars from the rival. important than your health.

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jon: big controversy over this fantasy football scandal. we'll get into that. jenna: you're not sort of a

fantasy football guy? >> no. the sites exploded in the last year, taking a lot of money. jenna: all broncos all the time. jon: all that matters. we'll see you back here in an hour. jenna: "outnumbered" starts right now. ♪ >> this is "outnumbered." i'm sandra smith. here today, andrea tantaros, harris faulkner, fox news correspondent lea gabrielle is on the couch today, today's #oneluckyguy, correspondent for the fox business network, charlie gasparino. he is outnumbered. >> i wore a brown suit. never wore a brown suit just for the record. >> lea, great to have you first time on "outnumbered" couch. >> i was hoping i would be "outnumbered" but i will put a lot of pressure on charlie. >> i hope i don't say anything too stupid to get yourself fired.