Kathryn, how did this happen . Well, david, we were not more than 30 feet when he was sentenced five years ago for serving as a loyalist to the alqaeda leader and also a cook at the star of jihad compound in afghanistan. After two years of cooperating with prosecutors as part of his plea agreement, he was transferred to his home country of sudan and now reportedly in yemen taking up a leadership role with the alqaeda in the arabian peninsula. This is the first time a former dainty has taken on this position from leadership group. Check out this from 2009 other on dainties there on the left who was transferred out of the camp under president bush and tried to bring down a jet with an underwear bomb on Christmas Day six years ago more than 90 of those who have been transferred from bay have not reengaged in the fight. But we are certainly paying close attention, even if we find unconfirmed reports about those who may have but this case really stands out because the Obama Administration had prided itself on having a better track record with fewer dainties to terrorism but a high profile return. One that potentially has a lot of impact because alqaeda in yemen is the most active and able to hit the united states. Incredible. Catherine herridge, thank you very much, katherine. Melissa is there anything that can stop donald trump towering in a new fox poll even after the proposed temporary ban of muslims entering the u. S. . Peter barns is standing by with the latest on these new polls. Wow, peter well, 35 is the magic number for donald trump. Thats what he registered among Republican Voters in the latest National Poll from cbs news and the New York Times. Also what the latest fox news poll for South Carolina shows. Thats 35 , it puts him 20 20 Percentage Points clear of his competition in South Carolina, doctor ben carson and senators ted cruz and marco rubio coming in at 15 and 14 . And jeb bush coming in at 5 . That state is important because its third in the nomination schedule but also the first in the south and while trumps comments on banning am i grants has been widely rebuked including by many in his own party, his stance appears to be helping him among the rank and the fire. Trump lastly policy position monday arch, republicans in South Carolina who were polled on monday and tuesday went for trump 38 this who were polled before he announced this position on saturday and sunday polled at 30 . Now, part of the polling period for the new National Poll from cbs and the New York Times also came after monday and that poll cruz comes in in second at 16 , marco rubio if at 9 , bush and christy each coming in at 3. Melissa, back to you. Wow, peter partners, thank you so much for that. We have breaking news right now. The fbi confirming that divers are searching a lake a few mild miles away from the San Bernardino site of the mass shooting. Fox news adam is on the scene, hes going to be joining us with the latest in a moment. Dave well, back to trump. The backlash against donald trump for temporary band of muslims is growing overseas, pushing for parliament in the uk from bang him to coming to the uk has over 460,000 signatures from the britch people. Trumps response, politicians there should thank him rather than quote pandering to political correctness. And some brits agree theyve got a counter petition that says dont ban trump from the united kingdom, only has about 30,000 signatures so far and thats below the amount needed for parliament to consider. Melissa and trump now cancelation his trip to israel this after Benjamin Netanyahu condemned his ban. Trump saying i decided to postpone my trip to israel and schedule my meeting with netanyahu at a later time after i become president of the united states. End quote. He landed this morning on fox and friends i didnt want to put him under pressure. You know, he said we have a meeting, and he looks forward to the meeting and all of that, but i didnt want to put him under pressure number one and im also in the midst of a very powerful campaign thats going very well and that was not easy to do. I could have done it, it was semi scheduled, but i decided i would really focus on this well, Donald Trumps plan to halt the acceptance of muslim immigrants until we find a better way of determining their risk has stirred up a furious protest by critics most of whom claim such an exclusion is illegal and antiamerican. But is that true . Former prosecutor Andrew Mccarthy has studied these things, and he joins us now. Andy, good to see you. Thanks for coming. First of all, just to show how screwed up our policy, our immigration policy in terms of immigration is, we go back to the case that you prosecuted, the blind shake. Very bad dude involved in a lot of dangerous stuff, even before he tried to get into the u. S. But despite being on the terrorist watch list in 1990, he was issued a tourist visa, now, the state department revoked it but despite that a couple of months later the ims gave him a green card right. Well, then that green card was removed again. But then he filed for political asylum in the united states, and that let him wondering around where he spewed all kinds of stuff declaring it lawful to rob banks and kill jews. It just kind of shows you how amnesty up the ins is and when you look at how Tashfeen Malik was operating and got into the u. S. Despite her questionable background, it makes you wonder yeah. Its the whole system, the immigration part of it is most obviously screwed up because they actually have direct contact with these people. But, you know, it goes from the state department now the Homeland Security department on through. Even with the blind shake i would point out that he actually issued the islamic law edict to kill president in egypt in 1981. Yet they didnt put him on the terror watch list until 1987 and it goes on today and, in fact, one of the ways you got the blind shake, one of the ways you were able to hold him back was because of his belief in polygamy. Isnt that correct . Well, that was the reason they were ultimately able to prosecute him for immigration because but i had him under entitlement then right. But the hit against donald trump calling for a temporary halt until we can figure out how to fix this temporarily broken system is you cant have anything against immigrants for their religious beliefs but look at this. This is the immigration nationality act. Ineligible for visa are those practicing polygamist, any coming into the u. S. To practice polygamist, thats inadmissible. Thats in the code. That has been used before in order to keep out immigrants and that is based on ones religious beliefs you know, look, as a matter of law, theres no question that classifications of any kind, whether theyre based on ethnicity or religion are constitutional. Now, that doesnt mean that theyre good policy right. And it doesnt mean there are better ways of doing this but the people who is what trump has proposed is ununconstitutional are making a frivolous argument and you know that by making the portions of law in your own work in prosecuting terrorists yeah. The fact is the law says what it says. We have a provision of the law that says that the president unilaterally can keep anyone out for basically any reason in his judgment that they should be kept out do you think congress will act in any way on trumps proposals . No. Political quest no. Because i think for the most part what republicans do and this is across a spectrum of issues they say, look, if obama wont sign it, its pointless to go forward. I think you need to have these fights. But there are better ways to do this. There are a lot of muslims who want to be helpful to us, and there are supremacies muslims who want to impose their system and the trick is to find out one from the other. Because we want to embrace the people who are pro western. And thats what you need to do former prosecutor Andrew Mccarthy, thank you very much. Melissa melissa fox business is gearing up for another historic night. We are hosting our second gop debate on january 14th in north charleston, South Carolina. That is just two days after president obamas state of the union address. You are not going to want to miss this one only on fox business. David. We will be watching that for sure. Well, lately it seems our attention has been focused on threats from iraq, syria, iran, and russia, but meanwhile guess what north korea has been up to . Well tell you about that coming up. Melissa and programs may be making it all too easy for terrorists to enter the u. S. What needs to be done to fix these major security flaws . On you panel will weigh in. And Facebook Ceo Mark Zuckerberg showing his support for the Muslim Community but having facebook crack down on posts from isis help the most . Who would it help the most . Who would it help the most . Well discuss that. At rates busy hour its a fact. Kind of like playing the boss equals the boss wins. Wow put under a microscope, we can see all the bacteria that still exists. 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Swiss officials are telling fox news that theyve decided to put on a raised level of security this after suspect individuals in the city, they have told us theyve launched driver or probe and theyre trying to find four of these suspects. Local media saying those four have links to isis are armed and dangerous. They were alerted by the u. S. The cia told us that theyve had a lot of calls on this but no comment coming from the justice department. It was feared what was called a serious and imminent attack with the European Headquarters in geneva, a meeting was planned there tomorrow in syria be with involving, u. S. , russia, and un officials. Security at the complex is now on maximum alert, submachine guns are out for the first time there in a long time. And security on swiss borders strong as well, there had been reports a car with belgium registration and suspicious passengers in board crossed into switzerland in the last 36 hours. Thought tied to the last months paris terror attacks, conducted and planned really not that far away. Finally, david, there is word that there was one arrest late today in geneva. It is thought this person could be tied to the threatened attack and as for that syria meeting planned for tomorrow, authorities arent saying where its happening. Back to you. David gregg, thank you very much. Melissa. Melissa meanwhile kim jongun is keeping busy in north korea, the dictator now claiming they have developed a hydrogen bomb. Oh, good. Here to weigh in is steve of the heritage foundation. Former military assistant to secretary rumsfeld, what do you make of this report . First of all, how much credibility do you give it . Well, you know, the north koreans we know have regular nuclear weapons, a hydrogen device is much more powerful. Its possible they have it. We have not seen the Scientific Evidence yet. But with those guys, youve got to Pay Attention to everything because you know know what the heck theyre going to do. Melissa yeah, so lets talk about the different scenarios. One thing could be he feels hes not getting enough attention right now in light of how focused everyone is on isis and the middle east and russia, we really havent talked about the guy for a while. So that could be part of it; right . Absolutely. He does do the little boy thing and if he doesnt get any attention from the world, hell dream something up to get some. It could very likely be the whole genesis of this report. Melissa the flip side is you cant under estimate whats possible and, you know, it is possible he does have it, what does that mean . Well, it would mean that even with their fairly inaccurate missiles that theyve tested, you know, a lot of people say, well, yeah, they really cant hit the target of a city with a hydrogen bomb, even more than a regular nuclear device, you could you dont have to be as accurate and still do a lot of devastation to some place like south korea or japan. Thats a major alert, the intel agencies will be spinning to approve or disapprove this report. Melissa the other thing is who he could sell it to, theyre in the league of a lot of people that are enemies, enemies of israel and the middle east, what is the appropriate response at this point . Well, i think we tend to soft pedal on north korea a lot. I think we should be putting more pressure on them to try and get them to at least behave. We ought to be engaging with the chinese very r get them to reign in kim jongun as well. Hes kind of their proxy, their satellite, they need to play a role in keeping him under control. Melissa all right, steve, thank you so much. David. David freed to fight. Exgitmo dainties returning to the terror battlefield. What would president Hillary Clinton do about that . Plus a state of emergency severe storms hitting parts of the country. Live update coming right up no matter how the markets change. At t. Rowe price. Our disciplined approach remains. Global markets may be uncertain. But you can feel confident in our investment experience around the world. Call us or your advisor. T. Rowe price. Invest with confidence. One of many pieces in my life. So when my asthma symptoms kept coming back on my longterm control medicine, i talked to my doctor and found a missing piece in my asthma treatment. Oncedaily breo prevents asthma symptoms. Breo is for adults with asthma not well controlled on a longterm asthma control medicine, like an inhaled corticosteroid. Breo wont replace a rescue inhaler for sudden breathing problems. 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The big surprise was were not german at all. 52 of my dna comes from scotland and ireland. So, i traded in my lederhosen for a kilt. Ancestry has many paths to discovering your story. Get started for free at ancestry. Com. David breaking news now. Fbi divers are searching a lake for evidence just a couple of miles away from the site of the San Bernardino mass shooting. Fox news adam housely is on the scene with the very latest. What are the looking for, adam . Well, david, theyre looking for evidence that might be involved, im going to step away and give you a live look, its a lake in downtown San Bernardino, basically a city park if you will. Theres still one diver in the lake at this point. Another one has come out and basically taking off his gear. This diver has brought something over to the shores, right now probably about 20 offshore but come back over here a little bit closer, youre going to see a block with some twine and rope around it, orange and black, obviously been in the water for some time. Is that involved in this case . Potentially. Im told that theyre looking at possibly evidence thrown in this lake at some point. We dont know if its involving the attack nine days ago or potentially another attack that we are told may have been planned back in 2012 by syed farook and his friend and basically relative enrique marques, but that was brought over here by a diver, it doesnt look like anything was attached to it, but something was attached to it at some point because a rope is tied around it. A diver is back out there, also were hearing from marques mother. Marques i will remind you is the individual who sold them the ar15s, related by marriage as well, and has been talking significantly to the fbi. Not yet charged with anything, but im toll that is coming down the pipeline. His mother speaking in spanish and also in between sobs basically doesnt know she said i dont know how this happened, my wor