the giants rewarded the pizza joint with a super bowl victory. he's doing a lot of good things. martha: he certainly does his duty on the scene. bill: good to be back with you, by the way. martha: good to see you, bill. bill: i came back just in time for friday. martha: "happening now" starts right now, everybody, we'll see you now. jon: fox news alert the terrorist who tried to blow up an american jetliner is about to get a dose of american justice. good morning i'm jon scott. jenna: hi, everybody i'm jenna lee. we are here in the fox newsroom. umar farouk abdul-mutullab facing life in prison when he's sentenced today. the feds say he was on a suicide mission for al-qaida back in 2009. just as his trial began he pleaded guilty to all the charges, they include 289 counts of attempted murder. jon: one for everyone on the plane. umar farouk abdul-mutullab

admitting he hid explosives in his underwear and tried to blow up the airliner. fortunately it malfunctioned and only caused a fire. had it worked it could have killed everybody on the plane. today before the sentencing passengers on the plane will address the court. jenna: what do we expect to happen today, mike tobin. >> reporter: umar farouk abdul-mutullab represents himself but he does have a court appointed legal adviser. that legal adviser is in a very difficult position for trying to argue for leniency. the first argument he will present is the idea that umar farouk abdul-mutullab did indeed cooperate with the government, at least from his opinion, because he gave up information about al-qaida in the arabian peninsula. >> he did provide some information to the government, and typically when a person provide some information they receive a benefit, so to speak for the bargain. and in this particular case,

obviously he has received absolutely zero benefit. >> reporter: now the other argument is that he was incompetent. he did indeed intend to kill nearly 300 people on board that christmas day flight in 2009 but he couldn't get his act together. it's going to be a tough legal rode to travel particularly because the government is asking for five life sentences. the real surprise would be if he got anything less than life without parole, jenna. jenna: 289 counts of attempted murder. has he shown any signs of remorse, any indication that he's sorry for what he tried to do? >> reporter: no, he has not. he is absolutely dedicated to the gentleman had. you can even look in the court documents after anwar al-awlaki his spiritual guider was killed by a u.s. strike he became more dedicated to the gentleman had. his legal advisers says he talks with this guy, they have rational conversations, but when you get right down to it he is dedicated to the gentleman had and unrepentant, jenna.

jenna: we'll bring the viewers breaking news as it happens today. mike, thank you very much. jon: fox news alert out of syria. amateur videos show heavy tpaoeuing across the country as syrian forces take it back to where the uprising began nearly a year ago. the sounds of explosion and machine gun fire starting before dawn according to human rights activists in the area. meanwhile shelling in homs have intensified. this amateur video purports to show homes collapsing after they were hit by rev sraoe fire. this appeared on an activist website today. more dramatic video of a pipeline explosion in homs. it shows thick black smoke and flames engulfing a neighborhood. today ban ki-moon accused the syrian government of potentially committing crimes against humanity.

fox news is confirming major developments in afghanistan. the u.s. and afghan governments are now in secret three-way talks with the taliban. it's a move that could bolster u.s.-led efforts for he's talks, pros plea i possibly in months. steve centanni is live. >> reporter: the u.s. is involved in flee way talks with afghanistan and the taliban in efforts to end the ten-year war there. afghan president hamid karzai says his government is directly involved in these talks. the u.s. has been taking contacts with some taliban elements and cue tar has been involved. the afghan government until now has not been involved. this military official, u.s. official telling fox news this morning and we have the quote, the talks are something we of course are conscious of and are watching. other issues we are interested

in resolving, such as detention facilities control, night operations and the future growth of the afghan army. these are all ongoing. president karzai told the newspaper, the taliban are people with families just like everyone else. they are suffering and want peace. leon panetta was asked on capitol hill whether the taliban are the enemy of the u.s. >> the taliban as you know, congressman, is a very broad group. our primary enemy in that part of the world is al-qaida, and the taliban elements, the terrorist elements that support al-qaida are also our enemy. >> reporter: so far no comment on the white house on this report of three-way secret talks with the taliban. it was confirmed by military officials in afghanistan. jon: what a development after ten years of war. steve centanni, thanks. jenna: fox news alert on new unemployment numbers. weekly jobless claims fell by

13,000 last week. that is the lowest level by the way in almost four years. it's also the fourth drop in five weeks, and because that number can be volatile when we see it over a few weeks timeframe that usually is a positive. when unemployment applications also dropped below that 375,000 mark that is also usually a sign that hiring is strong enough to lower the unemployment rate, which is what we want to see right now, unemployment is at 8.3%. also in other news if you're one of the lucky ones who has a job and gets a paycheck, this is certainly relevant to you. congressional negotiators have reached an agreement to extend payroll tax cuts as well as unemployment benefits through the rest of the year. chief congressional correspondent mike emanuel its live on capitol hill with more on this. we've heard its close to a deal, not a tkaoerblgs is a deal, what is happening. >> reporter: it was a very late night up here on the hill, jenna, even involving a phone

call from president obama to one of the democratic negotiators to make sure he was on board. we do expect the senate republicans to oppose the package. they are senator jon kyl, senator jon barrasso, and senator craipo. but last night they announced a deal had been struck. >> we agreed, the congress is clear that we will have it sign, we have reached full agreement. >> reporter: needless to say they are brewing the coffee a little stronger here on the hill after a late night last night but this clears the path to extend the payroll tax holiday for 160 million americans for the rest of the year, to extend unemployment benefits and make sure that doctors are properly reimbursed for medicare patients. jenna: i hope cough eye was the

only thing they were drinking and that's how they reached the negotiation. it's a tough job. we have a president's day holiday that is coming up. you're probably not off, how does this workout with getting the payroll tax extension in our paychecks the next couple of weeks. >> reporter: speaker john boehner will do a news conference in a couple of minutes. we may get a better sense of what timing he is thinking about. the house will go first. the house may vote tomorrow or saturday, but the top republican negotiator at this point is breathing a sigh of relief. >> i don't schedule the floor, so, you know, i'm going to let our leaders determine that, but, you know, my job is to try to bring this over the finish line, and i'm confident that we can get there. >> reporter: just moments ago house democratic leader nancy pelosi said that this bill contains the three key components that they needed,

extending those issues, unemployment, the payroll tax and also the medicare doc fix, and she says it does so in a way that is acceptable to most democrats. jenna: we'll continue to watch it mike. thank you very much. late night for you and everything, we appreciate it. jon: maybe the democrats but not so much the doctors. the prosecution wrapped up its case, now it is the defense team's turn in the uva murder trial. our legal experts take a look at the very latest from the courtroom and what we can expect from the days ahead. jenna: as steve centanni was just mentioning, the u.s. and afghan holding secret talks, not so secret any more, as the taliban taunt the u.s. with memories of the some of yacht withdrawal 23 yearsing a. what does this mean for the end game there in this ten-year conflict? we're going to take a closer look next.

jenna: fox news has confirmed

the u.s. and afghan governments are now in three-way peace talks with the taliban. all this as the taliban marked the 23rd anniversary of the soviet withdrawal from afghanistan just yesterday. they emailed a statement to the media saying, quote, selfish americans must learn a lesson from the russian deget and no longer fight a meaningless battle with zealous afghans. let's talk a little more about this. before we start off this conversation, let's remind everybody who the taliban is. not only are they responsible for the deaths and maiming of thousands of americans, but let me just show everybody this time magazine cover that seemed to have such an impact. they are the ones that dragged

this woman out of her house in the middle of the night, cut off her ears and nose and left her for dead. these are the taliban. general scales, why are we negotiating with them at all? >> well, jenna, we are negotiating with them because we are leaving, and the karzai government, while they've made great strides in the last couple of years, and the afghan karpl me has got even much better in the last of years, at the end of 2013 the karzai government will have to deal with the enemy by themselves, and any accommodation that we can make with the taliban, or elements of the taliban will go along way in allowing the karzai government to achieve some stability in the country. the last thing we want is a vacuum in afghanistan once we begin to pull out. jenna: let me ask seth what you have to say. you said accommodations can go a long way. how can we trust the taliban at

all to honor any of the accommodations. we know we are trustworthy but how can we negotiate with people who aren't. >> there is a great significant reason to question what the taliban's motivations are right now. i think right now they see the united states leaving, they believe that the afghan government is weak, so they are looking for an opportunity to obtain political legi legitimacy. that's why they asked for an office in the gulf and have got even one courtesy of the u.s. with the u.s. leaving it gives them an opportunity over the next five to ten years to retake the capitol. i do not believe from what we've seen and i've met a range of current and former taliban officials that they want a settlement with the afghan government, at least on therms that would be acceptable to the united states or the karzai government. jenna: general scales, let's go

become to the accommodations we could cover them. what exactly are you talking about when you talk about these accommodations, and what would a taliban-run government in afghanistan, what kind of threat would that pose to our country? >> first of all let me be clear. i have -- no one trusts the taliban. we all remember what happened in 1989 with the soviets. there is no question that seth is a hundred percent right that the motives of the taliban are now, as they were then and in the future to take over the country. right now the karzai government isn't strong enough to stand alone. jenna: why are we leaving then? >> well this is a political decision. we stop our combat operations in 2013. for all intents and purposes nato will be out of afghanistan beginning in 2014. there is a power vacuum there. the karzai government is not strong enough to stand by themselves, and talking with the

taliban, not vend erring to th surrendering to the taliban to achieve a middle ground is the only choice that the karzai government has woepbs we begin to pull out. jenna: another choice is to simply defeat the taliban, to stay and defeat them? >> yeah, i think defeating them is an option. in fact if you look at the insurgency since 1945 what you find is about 60% of insurgencies end because one side or the other wins on the battlefield. the issue here though is there's some gray area. the taliban are multiple factions. part of it is if you can fight key components of the taliban and pull over some elements that may not be ideologically motivated there may be a way of doing both. i think that is probably a more realistic option, fighting a range of them and trying to pull over a core element as well. jenna: general scales, a quick

thought to finish up where we began. the time magazine cover i showed was from august of 2010. we've been talking about negotiating with the enemy for two years. and within that time our men and women have died in afghanistan. why would we leave our soldiers there to fight when we are negotiating with the enemy that is fighting at them for another two years? just with your military background i wonder how you feel about that. >> i don't feel good about it. the only good news we've had over the last couple of years is the military advantage, particularly in the south and the northeast is shifting over to the nato side. as seth says the weakest read here is the government. the only chance the government has of achieving stability is break the taliban apart, separate the radical taliban from the more accommodating taliban and seek some stability before nato pulls out entirely. jenna: it will be interesting. ten years at war and you're wondering if the goal of the ten

years was to legit myself the taliban as a central tenant of the afghanistan government. you ask many americans about that, they'd probably not think that was the goal. we'll continue to have this conversation, general scales and seth, thank you so much for joining us, both of you. jon: big brother is watching. the government monitoring social networking sites, causing even more concern about your online privacy. is it at risk? a live report straight ahead. also, a dog owner suing a big pet supply chain claiming a groomer there mutilated her little dog and then tried to blue back part of its ear. our legal panel weighs in next. ♪ what a good dog, yes you are. what a good dog, yes you are. what a good dog, yes you are,

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jon: the uva lacrosse murder trial taking an unexpected recess this morning due to an illness. this is the prosecution wrapped up yesterday, painting a disturbing scene of yardly love's final moments. rick folbaum is following that story for us. rick? >> reporter: jon, the prosecutor says this is first-degree murder case. that huguely set out to kill his ex-girlfriend. now it is the defense's turn. they were supposed to start the full day of testimony today when one of the attorneys suddenly called out sick. he expects the court to be back in session about hour and a half ago. huguely is charged with murdering yardly love and beating her to death. one of the first defense witnesses a neuropathologist, claims that love suffocated laying face down on a pillow. the prosecution wrapped up their case after calling 40

witnesses. they say love died from blunt force trauma the result of huguely beating her. the autopsy results concluded same thing. the judge says the jury could get this case by the weekend. back to you. jon: rick, thanks. for more on this case we're joined by frred tecce, a former federal prosecutor and jennifer bonjean a criminal defense attorney. fred, you don't make much of the defense his team offered so far? >> no, i don't, jon. when i was a prosecutor i used to tell the jury in closing argument everybody in the courtroom has a job. my job is to present the evidence. your job is to look at it. the job of the defense lawyer is look at everything else you could possibly look at because if you focus on the evidence you would have a conviction. this was volatile relationship. he admits he was there and shook her and grabbed her by the neck. the testimony she died from blunt force trauma. that he grabbed her computer. evidence of concealment which is consciousness of guilt and lied to his

buddies. the defense exper she drowned in a bloody pillow that shows he is still guilty and that is his job and that is what he is left with. jon: jennifer, what about that, i never heard of a cpr case where somebody is resuscitated so vigorously that they caused bleeding in the brain? >> yeah, i don't believe that is the sort of gravimen of the defense. issue whether he committed act that caused her death. he defense isn't denying that. that he was there and caused her death. the defense is what type of mental case. they are not going for a full acquittal, no question about it. they're going for something less than the top count which is first-degree murder. which requires the prosecution to demonstrate that he acted with premeditation. there is a lot to suggest that he did not. that he was drinking that day. that they had a volatile relationship. that doesn't forgive his

conduct. it just means he didn't premeditate her murder all day and go there with intent to kill her. jon: he had the presence of mind to apparently steal her computer and dump it in a dumpster not too far away, a computer by the way that contained the e-mail exchange between them he written he wishes he had killed her. >> right. >> the computer has nothing to do with the e-mail exchange. the e-mail exchange will be there regardless of computer. >> wait. nobody said he was a smart criminal. they just said -- >> he is not a dumb guy. >> no, he is not stupid. >> the fact that he took the laptop does not indicate that he was necessarily trying to conceal evidence or -- one inference to draw. that is not the only inference to draw. >> no the other inference he is not smart enough to realize it didn't make a difference. that is the second inference. jon: here is another case we want to talk about with far less at stake but it is an interesting one and it will

rile pet owners i'm sure. you take your little dog to the groomers for a trim. when you get him back you notice something is not quite right. rick has that story for us, rick? >> reporter: we want to introduce you to dodo a pomeranian maltese mix. he went for a grooming in a petco in hawaii and came out missing a chunk of his ear. actually the entire ear was there, but part of it was reattached using superglue or something. here is dodo owes owner. >> it was dry, bloody. dried blood, everything. i noticed that at home, you know. when i took her to the vet the doctor told me looked like they tried to glue it back. they should have told me. i could, even the doctor said they could have saved her ear if they told me right there but they didn't. >> reporter: michael green is attorney representing the dog's owner. he says his dog was treated at very same store. apparently the dog's nails were cut too short causing

paws to bleed and the tip of the dog's tail was cut off. petco which is big international chain says they will look at charges. we can't comments on specificses but we have strong standards and policies in place for care and treatment of animals in our grooming salon and we provide training for our grooming associates. the dog's owner is suing for damages for the dogs and themselves. no word how much money they're asking for, jon. jon: fred, what do you make of this case? >> jon, i'll tell you something, i'm sure jennifer will tell you there are tough causes of action from the plaintiff in this case, intentional infliction of emotional distress those are hard things to win. in this country people love their dogs. we spend $60 billion a year on our pets in america. i don't care what my theory is as plaintiff's lawyer, i don't care if i'm charging with jaywalking bringing the dog home, if i get this case to the jury petco will get mauled. it is that simple. jon: jennifer, what about the length of sometime it took to file the case? >> this is a case that is

very difficult to prove because quite honestly in the legal system a dog is treated no differently than a car in most jurisdictions. so the plaintiff are going to have to hard time establishing emotional distress recovering any damages that being said this case will get settled. petco has much greater interest in preserving their reputation. they are going to want to put this case behind them and they will pay the plaintiffs to get rid of it. not because they have much exposure after a trial but because of the bad publicity quite honestly. jon: jenna is sitting next to me making sad faces over the --. jenna: can you imagine if you went to the barbershop? jon: fred, we'll have to say good-bye. >> if they don't settle, they're in deep weeds. jon: fred, jennifer, thank you. >> thanks. jenna: a little nick? ow. dodo was the name of the dog? jon: dodo the dog. jenna: we'll watch that story. meantime this is another story we're watching very closely. every day there are new

developments over iran and what is happening inside their country. the debate over whether or not the sanctions are working is one we're taking a closer look at today. we're also talking about iran's nuclear capabilities while there's a report we could be drastically cutting ours. we'll go in depth on that. plus a dump truck crashes into a school bus and the accident is deadly. brand new information just coming into our newsroom next. food, meet flavor. flavor, meet food. introducing swanson flavor boost. concentrated broth in easy to use packets. mix it into skillet dishes, for an instant dose of... hell-o! [ female announcer ] new swanson flavor boost.

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jenna: brand new developments in the iranian nuclear showdown. as israeli prime minister benjamin netanyahu says sanctions against iran just aren't working pointing to mahmoud ahmadinejad's guided tour of centrifuges as tehran's research reactor as proof that the sanctions haven't crippled the nation's nuclear ambitions at all. causing iran to lash out. those diplomats targeted in the former soviet republican -- republican of georgia and india and magnetic devices attached to cars. three iranians were arrested in thailand and malaysia in connection with the bomb attack you're seeing on your screen. we have the author of history of nuclear weapons. joe, let's talk about this debate. bottom line iran is still

pursuing nuclear ambitions. does it matter whether or not the sanctions are working? >> no question the sanctions are having impact on iran. the economy is crippled. divisions in the government are growing. they have very real problems. there are more sanctions being added almost every week. the european union just voted to stop importing oil from iran. that will kick in july. the u.s. just put new sanctions on iranian bank. that constricts the ability of the bank to do basic things like transfer fund and get foreign investments. we have time to let these sanctions really roll into place. i think they're softening up the iranian regime. jenna: is it realistic to think some day, somehow because iran has ignored the u.n. and everybody else about the nuclear program that somehow these sanctions will force iran to abandon the program all together? >> i don't think the sanctions alone will do that all this is really geared at negotiations. in fact what you saw iran

announce yesterday, so-called advances in its nuclear program are also aimed at increasing its negotiating leverage. this is, iran's response to the sanctions. you hit us, they're saying we're going to hit you back except they're in a fundamentally weak position. they're trying to puff themselves up but it's all aimed at the negotiating table. just yesterday iran finally responded to the european union saying they were willing to come back to talks. those talks are expected to start sometime in the next month. jenna: joe, we talk a lot about iran's nuclear program. let's take a moment to talk about ours because a big story from the associated press came out this week, we actually talked a little bit about it last week, about a reduction in some of our nuclear arms and a proposal by the obama administration to cut our nuclear weapons, to what is described as some new lows, lows we haven't seen since the 1950s. what impact would that really have especially in the world today when we see other countries further

arming themselves or attempting to with nuclear weapons? >> what we're talking about is a pentagon-led review for the options for the president. every president wants to have options. the pentagon is laying out a range of options. one option is do nothing, stay where we are and go to the other extreme, cut 80% of the force. get down to a few hundred nuclear weapons. i think likely we'll end up someplace in the middle. here's the situation. there are about 20,000 nuclear weapons in the world. the u.s. and russia have 19,000 of them. no other country has more than 300. this whole review is aimedded looking at ways we can reduce russia's arsenal and reduce our own. you could go down to say a thousand weapons and still have a very healthy buffer against any potential adversary. jenna: i'm sorry, but do you think we're the only ones that are talking seriously about reducing our nuclear weapons though? >> it is us and russia. we're the ones with the

biggest stockpile. jenna: do you think they're actually reducing their nuclear weapons? >> they have fewer nuclear weapons because their systems are aging and taking them out the new s.t.a.r.t. treaty that the u.s. and russia negotiated and went into force last year are giving verification procedures. we don't have to trust them. we go to their sites. every time russians move a missile or a bomber they're required to notifyfy us about it. we have a very good intelligence now on russian nuclear forces. jenna: i hope so. i rather have good intelligence than the opposite, right, joe? certainly something we'll talk about. we always appreciate your insights. look to having you back, joe. >> my pleasure, jenna. thank you. jon: who's watching? some new concerns about your privacy and how much your actions on social networking sites like facebook and twitter are being monitored. the fbi plans to keep an eye on those sites to help track potential security threats

but that's raising a lot of questions. chief intelligence correspondent catherine herridge live for us now in washington. >> reporter: thank you, jon. good morning. fbi quietly released these documents seeking new ideas to not only monitor social networking but ways to integrate the data alongwith other intelligence streams to identify potential threats. this practice is often referred to as data mining a former advisor under homeland security under the bush administration says social networking is the wave of the future. >> i think what you are really looking at is a google news feed specifically targeted for law enforcement focusing on their specific needs. in addition to the fact that, i mean we're on a mobile phones and we're on our various iphones, blackberries and the like. all that does transmit data that locates individuals. >> reporter: under this proposed program open source data, this is information in the public domain, can be gathered from sites like facebook, twitter, myspace

and the blogs and under one scenario if suspicious information was picked up let's say on a blog, that information can be cross referenced with other databases to help identify you. that information could be passed on to security cameras in your neighborhood according to the aclu. >> even where you're talking about published information, you know, information people intentionally put out there on the internet, we still have a right to not have that monitored by the government. the government really doesn't have have interest in tracking somebody's twitter account if they're not doing something wrong or suspected of doing something wrong. >> reporter: a key question whether facebook, twitter and other sites would fully cooperate with the fbi. we sent request to facebook for interview. they said they would get us a response, probably a paper response a at some point today, jon. jon: catherine herridge thank you for bringing that to us. >> reporter: you're welcome. jenna: a terrible accident in new jersey a dump truck

collided with a school bus filled with children. state police are reporting to us that one student was died. she was the daughter of a state trooper according to these reports. you can see the scene. medevac helicopters were on the scene. more than a does people suffering injuries. one parent coming to pick up her child said a number of students were taken to the hospital. this was south of trenton when this happened. they were heading to chesterfield elementary school. a terrible loss of life of at least one student at this point in time. jon: that is awful. i imagine the parents students were terrified. gop candidates are entering a new phase after the fast-paced opening primary contests. what we can expect in the lead-up to michigan and arizona. the long road ahead to the republican convention in august. ♪ .

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lifelock service guarantee cannot be offered to residents of new york. jenna: new next hour the gop race for the white house and the role sarah palin is playing. she will be here live to fill us in. she is keeping us in line until we have her on the top of the hour. word iran is giving loads of money to assad's regime in syria. evidence that the both countries are working together even more than they have in the past. listen to this. this guy was doing time on child important if i charges. what one school teacher has her students send him and why. the bizarre story next hour. jon: all right, let's talk a little bit about the republican race for the white house now. larry sabato's crystal ball is just out today. he is discussing the long road ahead for the gop contenders. he jones us now from the center for politics at the university of virginia.

all right, the crystal ball is pretty good, larry but you admit some of the information here looking out nine months to the election is a little bit speculative. >> yes. the crystal ball is cloudy for these outlying primaries, jon, no question about it and it is a long and winding road. there are so many things we can't predict along the way that will affect the results especially in those may and june primaries. jon: let's look at a couple of maps that show how things stand now. you're essentially presuming that mitt romney is going to be the nominee. if you look at the states where mitt romney is favored right now, they are colored in yellow on our national map, then there's a big batch of tossup states that get added to it. those could go either way for what, rick santorum or mitt romney? >> rick santorum, mitt romney or newt gingrich. especially in the south. i think gingrich is still in the race in some of those

southern states. and who knows, you know, lazarus twice may turn into lazarus thrice. jon: you're not counting out newt gingrich yet at all? >> would anybody count out newt gingrich? he has come back twice, jon. i've learned in this process that anything, anybody can come back. nothing seems to be final in the republican process. jon: well and the interesting thing is so many contenders have surged and peaked so quickly and then usually mitt romney's challengers have sort of, well, fallen by the wayside. maybe not with santorum or does he face that prospect as well? >> well, he might eventually but i think he's the strongest of the opponents for romney yet. jon, we have a seen a record number of cases of buyer's remorse in this particular republican presidential selection process. it just seems like every time one of the candidates

rises to the top the republican base voters have buyer's remorse about the fact that that person might get the nomination or is doing well or is winning. so this is going to be a state by state process, a district by district process, a delegate by delegate process. and little things matter. for example, santorum is definitely off the virginia ballot. is probably off the indiana ballot because he didn't file things correctly. hey, that is 95 delegate votes right there that he can't even compete for. little things can make a big difference if this race turns very close. jon: perhaps part of the reason you're still projecting mitt romney to be in the lead of everything. larry sabato from the center for politics, university of virginia. larry, thanks. >> thanks, jon. jenna: right now a trial underway for a man accused of murdering his wife on their honeymoon. it happened while the couple was scuba diving in australia. geraldo rivera will be along next hour to talk more about

this case. it has been called one of the most important books of the year so far. it is called, coming apart. it argues that america is becoming increasingly a divided nation. why? what does it mean for our country's future? the author shares his ideas next.

jenna: a knew book is creating quite a stir because what it claims is happening to america. it is called, "coming apart". it contends there is trend towards a two caste society or two tribe society. last couple weeks where the 1% and the 99% and these are the two different tribes. charles murray is the author of this book and he joins us now on set.

so we do hear that, 1% and '99% but you have a different way of looking at it? >> that is based on money. the richest 1%. my argument you have cultural inequality a new upper class different from any upper class you had before and new lower class different from any lower class we had before. jenna: what makes them different? >> let's start with the lower class. they have stopped participating in large numbers in some of the core institutions. marriage is the obvious one. take the white working class. white working class ages 30 to 49, only 48% are married. that is down from more than 80% in 1960. it is a change in a fundamental norm which hasn't been accompanied by a similar change in upper middle class. jenna: why do you think that is happening? >> you know what? i don't much care anymore i have the sense i have my own ideas which the left vehemently disagrees with. we are where we are. so the purpose of the big is to get a conversation going across political lines, this

is the nature of the problem. jenna: let's talk about that more. you have the upper class, correct me, you are defining, 20% top upper class as educated and married seems to have ties to that community. and a lower class not quite as educated, does not have the same marriage rates or core family rates? >> all sorts of things. whether participation in the labor force or rest of it. what i'm really say, jenna, look, 50 years ago we had rich people and poor people but had the same civic culture. there were a lot of common bond that dissolved. jenna: such as marriage for example? >> such as marriage. we have elite much smaller than 20% which developed its own culture. it is culture they marry at different aims. they have different preferences in television and rest of it. and they live in a bubble. jenna: so you're saying two almost separate cultures developing inside america. >> exactly. jenna: what is the effect of that? >> america's civic culture based on idea that we're all americans together. people wanted to be identified with the middle

class. people didn't want to say i'm part. upper class. that is unraveling. that was absolutely central to a phrase that used to be in common use called the american way of life. jenna: is this happening in america or is it happening in other places too? is this a trend not just of our own country but -- >> you've got similar trend throughout the world but there is one big difference. only america had the civic culture that i'm talking about was seen as exceptional by all the world. that is where we're vulnerable and they aren't. jenna: i have to run but a quick question, how do you fix it? is this a problem we need to fix to make sure that we sustain the america that so many belief -- >> that is a trick question. jenna: you have to do that in 30 seconds. >> has to be a cultal change. there are no magic solutions from the government on this it has to be a change the way we look what is going on and this book is an attempt to start that conversation. jenna: very interesting book. i wish we had more time, charles. >> thank you. jenna: nice to have you. we'll continue the conversation otherwise. jon: at least we got general

ma married last year to boost the numbers up. jenna: thank goodness, right? jon: right. a life-saving drug is in short supply. this little girl you're about to see desperately needs it. her name? rowan carr. she and her mom will join us next hour. former alaskan governor sarah palin hasn't endorsed anyone for president thus far. she is right here in studio with us. we'll ask her if that might change in three minutes. ♪ [ woman ] when i grow up, i want to take him on his first flight. i want to run a marathon. i'm going to own my own restaurant. when i grow up, i'm going to start a band. [ female announcer ] at aarp we believe you're ner done growing. thanks, mom. i just want to get my car back. [ female announcer ] discover what's next in your life. get this free travel bag when you join at aarp.org/jointoday.

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jenna: "happening now," she's not running for president. jon: so we you understand. jenna: we know that right now. but sarah palin is poise today play a key role, we're glad you're with us, everybody, as we start a new hour, i'm jenna lee. jon: i'm jon scott. all the republican candidates are fighting over who the true

conservative is. governor palin calls governor romney a great candidate but says she's unsure of his conservative credentials. jenna: the former alaska governor tells fox news if gop convention is brokered, she would do whatever she could to help. we're going to talk about more of these issues issues with sarh palin, the former governor of alaska, former candidate for vice president, and what a run. i was taking a look at our last election cycle to see what was going on with governor palin four years ago, apparently it was iron dog racing? do you remember that four years ago today? >> i do, i remember that todd broke his arm on the trail and finished the race 400 miles later, finished up crossing the finish line in fairbanks. jenna: can you believe what's happened in the last four years? >> a lot has changed. yeah, a lot has changed in our country too. yes. jon: so you have been quoted as saying, in fact, you said it right here on fox, you're not

convinced mitt romney is conservative. do i have that right? that's an accurate quote? >> i have said the convincing argument from mitt romney, really from any of the candidates yet, has not yet been absorbed and accepted by most gop and independent voters, and that's evidenced by the 30% mark of approval and poll numbers that nobody seems to really be able to get over yet. jon: so what would it take to convince you? what would he have to do to convince you that he's a conservative in the mold that you like? >> well, and i'm not just picking on mitt romney, hopefully, i'm not picking on any of them. let's broaden that conversation, and let's encourage all of these candidates to start talking about what they will do to contrast their ideas, their policies that they would implement against barack obama's failed policies. let's talk about how the debt is undermining the value of our dollar and how the right priorities within a budget have got to be discussed instead of in that gop horse race just kind

of the picking on each other and getting down in my knew shah, some inside baseball stuff within the party. let's start talking these candidates about what it really means to be a constitutional conservative, understanding the enumerated powers within the constitution and how our current president has violated those. jenna: let's pick up on that a little bit because we've talked on "happening now" with a slew of different guests about how the republican candidate cannot just define himself as not president obama. and it seems like there is a little bit of a race of who's the most conservative of them all, right? a little snow white complex with that. [laughter] so what defines a conservative? especially in this race n2012, what defines a true conservative? >> well, you know, and i'm used to that kind of argument, because up there in alaska and many western states it's kind of -- you run on that my mama's more conservative than your mama, and it's a badge of honor to be independent and to want to empower the individual and our small businesses because that's

the foundation of america. and if our candidates then would start talking about their true beliefs and their record that reflects what they have done to really bolster the individual, the decisions that we can make for ourselves knowing that government and politicians, they shouldn't be making so many decisions for us, we're capable of doing that ourselves, these candidates would start talking more in that vein, the discussion, the debate would be more productive, more healthy for this entire process. jon: the president's popularity ratings have been on the upswing lately. he is at 50% or so in the latest polls in terms of his job approval. why do you think that is? >> because the media is reeling these numbers that i do not believe are accurate when it comes to job creation. i still think that this is a jobless recovery that is affecting america right now. yes, it's 8.3% unemployment rate which is an improvement from a year ago, but it's still a lot worse than when barack obama

took over. that number, though, reflects many, many millions of americans who are underemployed or just can't even muster, really, the gumption, the enthusiasm to get out there and look for a job. so that 8.3% unemployment number is an indicator to president obama and to his allies in the media to make it look like things are getting better, but rook at the -- look at the price of gas, look at the price of a barrel of oil, look at the manipulation of the domestic oil supply via our's actions to lock things up, and you start getting a collier and truer indicator of how the economy's going. jon: not long ago, mitt romney led the president in a hypothetical matchup in the polls, now he is down, mitt romney is down seven, eight points below the president. some observers say that's because mitt romney, newt gingrich, rick santorum have been engaged in this circular firing squad where they're all attacking each other. do you agree?

>> i do agree with that. and i have been a proponent all along of healthy debate and great competition because it elevates our game, it makes us all produce more, produce better. i guess that's kind of my free market capitalist within me believing in competition. however, when we are losing sight of the main thing and the main thing is candidates start talking about the solutions, start talking about the alternative to barack obama's failed policies, then it doesn't do us a whole lot of good to have these, um, internal and the firing squad just shooting at each other. it doesn't do the voters a lot of good, and in fairness to the voters, they need to shift the discussion now, start talking proactively about what they will do to get the country on the right track. jenna: four years ago you were rooting for your husband, you were governor of alaska. now we're in a new election cycle, and you have a different role. but it's yet undefined. what role would you like in the republican party and in american politics overall?

is. >> well, first, personally, i'm still rooting for my husband, and the iron dog race kicks off on sunday. [laughter] and, you know, my heart's still there in alaska in those type of competitive ventures too. but in the world of politics i think that i can be an example of you don't need a title to make a difference. any american, thank god for our freedoms in america. we can speak out, we can write and have published with our freedom of the press what it is that we believe in, how we believe that the economy, that our country can be turned around and i will continue to do that. in any way that i can help in a positive role. jon: you've said you believe a brokered convention is possible on the republican side? >> absolutely, i do. l i believe because republicans aren't afraid to duke it out, and we're not going to let the media or the establishment -- especially independent republicans -- we're not going to let a machine tell us who our candidate is going to be. so because of that i can foresee this going the instance.

jon: a machine, is that a criticism of mitt romney's organization? >> not necessarily his. it's a criticism of those who embrace the status quo, though, and want a lot of the independent, those who believe that, again, that we're smart enough to make our own decisions for our families, for our businesses, those who don't necessarily agree with that and want to tell others, sit down and shut up, i don't want to hear your ideas, i don't want to hear an opposition. those who embrace that status quo, i criticize them for that. jenna: quick final question. how do you do it all? you've got all these kids, this husband doing the dog race, you're talking about politics. what's the key? a lot of american women look up to you as far as getting involved in politics, but how do you do it all? >> you know, i am allowed the -- my faith in god and a great husband, todd, that allow me to get out there and kind of shake it up a little bit and, hopefully, again, reflect a message of normal, average americans who just want really

great things for their country because they understand the exceptionalism that is america and how it is that we can get that back. jon: it's great to have you on howe. >> thank you. it's an honor to be here. jenna: in the newsroom, everyone. >> i have great admiration for you, even more so now that i see. it is chaotic here, and yet you keep your composure. jenna: they're behaving well, keeping the volume down, no phone calls happening. jon: we've got a seat for you at the assignment desk. [laughter] >> i would do it. jenna: thank you, governor. jon: some new information on a heated congressional hearing into president obama's controversial birth control coverage mandate. some religious leaders accuse the administration of violating their first amendment rights. democrats responding with some accusations of their own. chief washington correspondent james rosen live in washington with that. james? >> reporter: good afternoon. congressman elijiah cummings of maryland, ranking democrat on the house government reform

committee angrily charging congressman daryl issa, a charge swiftly and forcefully denied by the chairman. to be sure, all of the clergymen and scholars testifying this morning opposed the administration's mandate that employers provide female contraception under the health care plans, including catholic-affiliated charities, hospitals and schools, provided that insurance companies in those cases pick up the tab. the hearing demonstrated it is not only catholics who find this policy objectionable. a leading rabbi said the compromise was, quote, no aation -- accommodation at all. >> my concern is when congress or the administration comes in and says, well, i see that there are some members of one faith who say this, some members of another faith who say this, so we're going to unilaterally side with these people and be force everyone even over their objections to violate their conscious. in general, a religious community and a religious organization should be free to

define what their, the tenets of their faith are, and they should be listened to when they are told that a particular demand or mandate by the federal government violates those liberties. >> reporter: in her opening statement, congresswoman carolyn maloney, the new york democrat, surveyed the witness panel which as you can see is religiously and racially diverse but not in gender terms, and she asked, where are the women? the hearing also made for some awkward moments when one lawmaker botched the old adage about where shame resides if you fool me once or twice, and when another lawmaker openly rejoiced at his good fortune to finally say amen to the rabbi on the witness panel. jon: james rosen in washington, thanks. jenna: well, right now some new pressure on syria to end a deadly crackdown on its own people. the u.n. secretary-general saying the assad regime's attacks on civilians could

amount to crimes against humanity. dominic di-natale's streaming live from beirut, lebanon. >> reporter: yes. ban ki-moon saying syria has to stop the indiscriminate killing of its citizens being caught up in the crossfire between government forces and the opposition. we're hearing that a new front has opened up at the south of the country, government forces at the town that started this all, the very birthplace of the rebellion back in march of next year. as many as 15 people killed because the syrian government doesn't allow for the media in certain parts of the country, we can't independently verify that, nor any of the pictures being shown, being posted on the internet. but from the images you can see there's clearly an indication of continued violence there. the united nations' general assembly this afternoon at about 3:00 eastern time will vote on a new resolution which will condemn the violence in syria

and require assad to transfer power to his vice president. of course, the assembly vote is nonbind chg means members do not have to follow through on it. in the meantime, france is helping the russians come up with corridors of humanitarian aid, the plight of the syrian people really beginning to worry countries around the world now, and the stories that we're getting tell of a lack of medical supplies and living conditions in cities like homs is certainly beginning to hit hard. pressure is mounting to come up with an answer. that vote could take place probably in the next 48 hours is what we're hearing from the united nations, but until then it's a revolution that doesn't attempt to push barb she al assad out. jenna: dominic, thank you. of. jon: well, it is one of the saddest stories in recent memory, and now the internal arguments extend to the grave. what two police officers did to

keep a father who killed his own children from being buried beside them. also, new proof that iran and syria are in cahoots, working together to sidestep international sanctions. also rick at the web wall for us. >> reporter: well, we are taking a look at some -- talking politics, of course. you just heard from governor palin, she, by the way, is still walking around the fox newsroom saying hello to everybody. we have a poll on our "happening now" page right now. some in the world of politics say that governor palin is a king maker when it comes to the gop nomination. do you agree or disagree? here are the results so far. pretty close. you could put your thoughts right there on our page. we'll take a quick break, and we'll have more "happening now." don't go away. ok! who gets occasional constipation, diarrhea, gas or bloating? get ahead of it! one phillips' colon health probiotic cap a day helps defend against digestive issues with three strains of good bacteria. hit me!

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freak killers resulting in the discovery of about a thousand bone fragments. a map was provided by wesley shermantine who is now behind bars for at least four murders. he says he and his childhood friend killed up to 15 people. an iowan man facing life in prison, accused of forcing his young grandsons to hike on a grand canyon trail without food or water. his name is christopher carlson, he's pleading not guilty to six counts of child abuse. plus, the apartments of missing utah -- parents of missing utah woman susan paul told her husband will not be buried at the same cemetery as his two sons. josh powell killed himself and his two boys earlier this month. jon: there's new evidence iran and syria are working together to try to evade international sanctions. both countries are struggling in the face of trade embargoes and

severe financial restrictions. here to explain how these international outlaws are trying to would recollect together to get -- work together to get around the sanctions, a counterterrorism analyst and middle east expert. let's talk about the syrians first. they have been slaughtering their own people, sanctions have been imposed because of that, and here comes their good buddy iran and says we'll take care of you? >> absolutely. iran, a recent e-mail leak showed evidence. this has been something that's been speculated for a long time because we know the iranian regime has been providing the syrians with the militiamen needed on the ground to -- . jon: 15,000 men, and it takes money to hire those people. >> right. 15,000. and, again, 6,000 students have been brutally murdered on the streets of syria, and iran is helping from the inside, and we have russia and china helping them to stay exactly where they are in power. jon: why does the arab league, their neighbors not seem to care what they're doing? >> they do, and the arab league came to the u.n. and wanted a

resolution to, effectively, ask assad to step down, and russia and china vetoed that. so, again, we have the syrian regime there, and this billion dollar promise comes to them from the iranian regime at a time when the crackdowns are most brutal, and the international pressure is at its highest. jon: you can buy a lot of mercenaries with a billion dollars. >> right. you have to look at the promise the iranians have made to them and say, well, the iranians are economically, you know, suffering under the sanctions that are placed on them. but look how important it is for them that the syrian regime stays in place and helps them, um, effectively stay in power as well. jon: so iran figures that if syria goes down, they are going to have problems of their own, so the billion dollar loan or gift or whatever you want to call it is worth it. >> right. and the billion dollars is effectively to help them get around the sanctions, but they're also promising to help them get around trade and travel sanctions and oil embargoes as well.

there's this triangular trade they've set up to help them sell their exports as well. jon: do the syrian people know that the iranians are help anything their wholesale, in the wholesale slaughter of the syrians? >> i mean, they know. they look at the iranian regime, they know that the iranian people are in the same boat as they are, and here you have the iranian people, the syrian people, and i think what we can do, you know, as part of the international community is to explain to the syrian and iranian people that whatever, you know, sanctions are placed upon them, the people are carrying the burdens. at the same time, it's to help them and to remove these dictators. jon: the sanctions that have been imposed on iran have taken on new teeth in recent weeks, and some of them are still being phased in. do you think that they will achieve, perhaps, regime change in iran? >> so here, i mean, there has to be a differentiation between what we want, you know, sanctions to do and what we want from the iranian regime in terms of regime change or a stop in the nuclear program.

sanctions will not change the regime, sanctions not effectively stop the nuclear program. but the sanctions that have been put into place as of the start of 2012 because before that we had watered-down sanctions -- i call them diet sanctions because they weren't doing anything -- ever since 2012 we're seeing that the metrics that we're using to measure whether sanctions work are in place, 20% inflation, the currency's gone down 40%, two-thirds of their oil exports have been cut down, so they are working to achieve what they are set out to do. and that is to prevent the iranian regime from going after getting new technology to further their nuclear program, to cut off their finances in order to achieve, you know, their nuclear agenda. so in those terms they are working. jon: lisa, who has very good sources inside syria and iran, thank you. >> thank thank you. jenna: well, a school assignment, what a teacher asked her fifth graders to do that

could now get her fired, a bizarre story coming up.

jon: right now a new york city teacher in big trouble after a very bizarre class project. rick folbaum has details for us. >> reporter: well, jon, this is a fifth grade teacher in queens, 31-year-old melissa dean, and she had her students make homemade christmas cards telling the kids they would be sent to the homeless, sick, people who were lonely around the time to have holidays. nice idea, right? and the kids made more than two dozen of these cards, except they were only sent to one person, a prison inmate who once faced charges of possession of child pornography. he is doing time after pleading guilty to weapons charges. apparently, he and melissa dean have some kind of relationship. prison records show ms. dean

visiting him around a dozen times over the past couple of years. she evidently called him over 300 times. the new york city department of ed has been looking into this ever since a prison guard intercepted the cards before they were delivered to the man. apparently, some of the cards even contained the kids' home addresses. again, those cards never made it to the inmate. as for melissa dean, she has been suspended, she could wind up being fired. she is, apparently, not cooperating with the school board's investigation. that's the latest on that. back to you, jon. jon: unbelievable. i'm glad they didn't let those cards get through. >> reporter: absolutely. jon: thanks, rick. jenna: and now this business alert, u.s. home foreclosures are up 3% in january compared to december. now, last week's $25 billion settlement over mortgage abuses will likely, some say, pave the way for even more foreclosures. charles payne is ceo of wall street strategies and a fox news contributor, and we keep on hearing that the economy's recoverying u but -- recovering, but then you hear about more

foreclosures. >> yeah, every time you hear that, it always has an asterisk next to it. 8.3% unemployment, guess what? in two months we'll have 0% unemployment. same thing with this. the controversy started last year, and a lot of banks just put the foreclosures on pause. jenna: they just called a timeout. >> listen, we've got to address the situation which is why, by the way, they believe they entered into this deal. believe me, i'm not here to defend banks, but the overwhelming majority of the people who were in the process were going to lose their home. they stopped paying their mortgages. the fact that someone maybe rubber stamped it, not a good policy, but it doesn't change the fact that these were all going to end up being foreclosed. jenna: some say that delayed the market from purging all the bad deals out of the market and almost starting over, at least hitting a bottom. that's what some suggest. but if that's the case, then how far away are we from a healthy housing market? >> that's the big question.

again, you know, we have 3% month over month. i think we will start to see an avalanche of these numbers. there were some states for the first time, for instance, florida, illinois, indiana, pennsylvania, the first time in this over a year there was a month-over-month increase. where we go from here, i'm not sure. but the point you're making jenna is a point a lot of people said from the very beginning. this is a market that has to find a bottom on its own, and everything the government has done really has been nothing more than a speed bump, and in some cases, very expensive. jenna: because if there's a lot of foreclosures and there's buyers, that could actually help, again, get the housing market kind of back on its feet again. so are we at that point where with there are some buyers out there that can absorb these homes, and there's some good deals to be had? >> a lot of buyers are those evil speculators, people putting all cash down. jenna: i wish i'd get some of those. all cash? that sounds pretty good. [laughter] >> i wish we had more, this would be a nonstory right now. i'm not sure because here's the

thing, almost everybody believes home prices are going to go lower -- jenna: do you believe that too? >> i think there's a little more room to the downside, but there's no sense of urgency. that's the thing. you don't have to rush out and buy your dream home tomorrow. heck, it might be cheaper a month from now, and certainly with this new deal that says you can reduce your principal if you haven't paid your mortgage, that's kind of weird. okay, so we're seducing people not to pay their mortgages? it's going the get a little uglier before better. jenna: i wish i didn't feel that urgency when i saw a cute pair of shoes. [laughter] it's interesting retail therapy. jon, you can wake in, right? you feel that same you urgency, don't you, jon? jon: only at the hardware store. >> only jimmy choo's. jenna: jon? jon: love my tools. this drug can safe the lives of children with cancer, but a lot of parents are worried a shortage could put their children's lives at risk. we'll talk to the mom l of a

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jon: some new information now on growing threats around the world to u.s. national security. iran's rogue nuclear program is a major concern. doug mckelway live in washington with more on that assessment. doug? >> reporter: good afternoon, jon. the senate armed services committee hearing focused on threats to u.s. security from literally around the world, one region, one

country in particular received inordinant attention, iran and its pursuit of nuclear weapons. when asked if he disagreed with defense secretary panetta's as sent ma that iran could obtain nuclear capability within a year, director of national intelligence, james clapper said this. >> no, sir, i don't disagree. particularly with respect to the year that is i think technically feasible but practically not likely. >> reporter: practically not likely. that is because even if iran develop as nuclear weapon the next technological obstacle is a delivery system for it, a missile. which will also take time to develop. but intelligence officials seem to have deeply intimate knowledge how much progress iran is making with the bomb and enriching its key component, uranium. >> they produced a small amounts of, 20%, highly-enriched uranium

which ostensibly could be used for legitimate peaceful purposes. so if they go beyond that obviously that would be, you know, not a good, a negative indicator, i'll put it that way. >> reporter: clapper said more information about iran iranian yuch enrichment is you had left to a closes. clapper said to the best of our knowledge clapper said israel has not decided to attack. he added u.s. and international sanctions are having impact on iran's economy and including devaluation of his currency. he says if its population becomes restive enough it might result in a change in policy jon. jon: doug mckelway. thank you. report report my pleasure. jenna: this is certainly a story that has gotten a lot of attention. it is drug shortages in our country. foxnews.com had this incredible report about a shortage of a life saving cancer drug that can help children. this is very real to so many

families and it is raising some serious concerns for a family like the "cars". 4-year-old rowan carr was diagnosed with lukemia two years ago. rowan and her mom brenda join to us talk about the situation. brenda, talk about, she looks so sweet, rowan in your lap right now keeping you company. she is not miced but we'll talk directly to to you. tell us a little bit about her diagnosis and her treatment right now. >> certainly. when she was diagnosed in 2010 we were given a road map of what sorts of things, drugs, that she needed to take in order to insure the best success rate and right now following the protocol we were given for rowan we're looking at a 90 to 95% curate which is extraordinary for this all and the backbone to her treatment was the

methyltrexate. i was looking back through her road map, at every phase we have gone through that was one key drug she got into her spinal fluid to prevent the luke keep yaw to enter into her central nervous system. jenna: this is drug she still takes on regular basis, it is preventative at this point to make sure her recovery maintains. just recently you were looking for a different drug, and realized there is a shortage of that drug. that raised more concerns. kind of bring us to that point. >> certainly. about a month ago we were looking to get a refill on one of her anti-nausea medicines. the pharmacies were having a very difficult time trying to track it down. many told me they couldn't order it anymore. eventually we ended up getting it filled but only a partial refill of our prescription. because of that i went online to the fda website where it had listed the

drugs that were starting to show up as shortages and that anti-nausea medicine was listed. i took the time to kind of look through the rest of her medicines that she takes. that's when i was noticing that methotrexlate in addition to other ones were starting to show up. jenna: i apologize for interrupting. that obviously got attention to this story as well. that drug is known to be effective. to know there could be a shortage for so many families could raise a alarm. we reached out to the fda to find out what is going on with the shortage. we got a long statement. i will paraphrase out of this. fda said, we are pleased today that bedford, the drug manufacturer, well release preservative-free supplies to meet patient needs. it goes on to say that will relief a shortage. that is yesterday.

you know as a mother that has a child that needs this drug, what does that mean to you? what are some of the concerns moving forward? >> absolutely. i think that is fantastic news. there had been some statements yesterday that they were hoping to have drugs from some of the other companies, you know, at the beginning of march or mid-march but the fact that there's going to be some emergency supplies released is great news. my concern is is that this is obviously becoming a bigger problem. the list is getting longer every month of drugs that are, you know, in short supply. my concern is is that with new children diagnosed all the time with lukemia, at what point is there going to be a change made so that we don't run into this, this problem where, oh, we have to really schedule emergency supplies. how about we have the supply available? jenna: sounds very logical. dr. manny is next. by the way, how is rowan doing? is she feeling better than

she was? >> she is doing great. we are actually in the homestretch. we're in long-term maintenance. we're looking to be done with treatment in october of this year. so we're very, very excited about seeing the end of this. jenna: that is amazing. she is a sweet and beautiful little girl. brenda, thank you very much for sharing this part of the story. it is so important to have a face and family to talk about it because it is so real. we wish the best to you and your family. >> great. thank you so much. jenna: dr. manny is with us from foxnews.com health. how is this happening? why is this happening? you see someone getting treatment from cancer and they're recovering and suddenly a drug shortage and what happens to them then? >> i will tell you why. the federal government has no clue, no clue as to the status of our drug supply. the companies that make drugs are not required to tell the federal government if they want to shut down or if they want to really, not shut down even. if they're running short in

the supply that they provide their vendors. so you really have no idea. jenna: there is no head's up? >> absolutely not. in 2001 we used to have an average of maybe two to three drugs that were in short supply. in 2010 to 20 very much len we're up to 30. they predict 201 we will have a record. not only chemotherapy drugs. you're talking about antibiotics but you're talking about anesthetics. i am getting e-mails. went to my doctor. i'm getting treatment for colon cancer. they told me there will be no more colon cancer treatment therapy. >> let me interrupt you. one of the companies that was making this shut down because they couldn't really control some of the quality for making the drug. that's what they said. we don't really know. only a few companies that make it. >> there are three fundamental reasons why --. >> can't keep this by the way in supply. i can't store this. i have it use it right away. >> it is a very specific

type of drug compared to the other types they have because they have no preservative. you have to manufacture and you have to use it. listen, for a lot of companies it is profitability especially in antibiotic world. people don't make here antibiotics because they don't make a lot of money. number two, there are quality controls. there are a lot of strict regulations. it takes time but nothing is centralize. jenna: what should we do? you almost want to take the drug and keep them in your cabinet so you have them just in case. >> back i think october of 2011, the president signed a regulation that says, i'm going to sign a mandate to make sure that we don't have any shortages. things are getting worse because there is no system that has been put in place. you could have three extra, five extra inspectors in the fda but if they don't know what the heck is going on and there is no meat on the bone that you can tell companies, hey, i want to know exactly how much drug do we have in the united states? then things like this, you know, can be fixed. but right now it was an

answer, a bureaucratic answer. there are no tools right now set up at the federal level to tell the american public how much medication we have at hand, especially in cases like for instance lukemia. 45,000 children get diagnosed with lukemia every year. there is no centralized system. jenna: dr. manny certainly raised attention here. we'll talk more about it. >> the emperor has no clothes. jenna: well, i guess that is the way to put it. we'll cover the story more and have more coming up on "happening now." uh oh.

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first line of defense, right? jon: right now we're hearing from the man accused of murdering his wife on their honeymoon in australia eight years ago. the jury listening to a taped interview gabe watson gave police just days after his wife tina died while they were scrub ba diving. watson describing how he had to let go of his wife's hand after she knocked off his

mask. geraldo rivera, the anchor of "geraldo at large" joins us now. there are some questions about this first of all because he was on expert scuba diver. she was a novice. he is a big burly guy and she is a little thing. hard to believe his account of events. >> certainly was the problem when he pled guilty to manslaughter in australia. he told the authorities varying accounts, jon, of how tina and he were underwater. how she panicked and he tried to help her but they have witnesses on the stand now, the jury has now heard, number one, from an australian detective, that every single person on that cruise boat, on the dive boat was questioned. gabe watson never sought help from any one of them. the story he was in a panic and tried to get help was patently false. secondly the witness today, a dr. stanley stuts is testifying rather, he saw gabe watson grab tina in a

bear hug, as you describe. he is so much bigger. gave watson than tina his wife of just 11 days. so, dr. stutz's opinion he watched gabe watson murdering his wife. the prosecution alleges, $21,000 in an insurance policy plus property like diamond engangment ring. there is a plenty of motive there is guilty plea in australia. the defense tried to say this would be double jeopardy. the birmingham, alabama judge says no way, that is not double jeopardy. there are rights people in alabama have even though they're on a honeymoon in australia. it is looking bad for the defense right now, jon. jon: so our viewers understand what is on the screen. another pair of divers were taking pictures of each other underwater. you see the diver in the center of the screen. the intent was to take that

diver's picture, lo and behold and got to the surface and got filmed developed and i believe it was film, not digital eight years ago, in the corner of the screen they have a picture of tina watson lying motionless on the ocean floor and probably already dead at that point. they also, geraldo, never found any problem whatsoever with her dive equipment. no obstruction, no kink in the hose or anything like that. >> nothing like that, jon. what clearly happened at least in the prosecution's case, when big gabe watson grabbed tina, his slight newlywed bride, he turned off her air, held her as she shuttered and drowned. after she was dead and turned the air back on and then released her and then scooted to the surface allegedly to go and make it appear as if he was in a panic and his wife had panicked and they needed help but clearly the case the prosecution is laying out pretty compelling here, jon to suggest that this man

killed his wife. the defense is saying it wasn't $210,000 insurance. part of the beneficiary was to be tina's mom, et cetera. it does not sound convincing from the defense point of view, jonners we'll continue to watch it. geraldo, thanks for your expertise. >> my pleasure. jenna: are you hungry for a chocolate bar. jon: i'm always hungry. jenna: he always has it on set. you better hurry up, jon scott. i'm exposing everything. one candy bar company is pulling some popular streets. the -- treats. snacks you may never ever see again. jon: what? ♪

jon: do you have a sweet tooth? really who doesn't, huh? jenna: jon is asking this. keep going. jon: you better grab that big side of snickers or 2006 candy bar while you can because pretty soon you won't be able to find them. rick folbaum knows why. >> reporter: did you know one of the biggest candy companies in the world has a broad based commitment to health and nutrition? the mars spokeswoman says they do. because of that the company is downsizing its jumbo candy bars. mars, inc. makes snickers and twix and m&ms. the company will stop selling chocolate products with more than 250 calories in them. that 540 calorie king-sized snickers bar that satisfies you will have to get your satisfaction another way.

not just jumbo sized candy. this is where fox news investigation comes into play, guys. regular-sized snickers bar we got from the vending machine outside, 280 calories in this thing, putting it over mars self-imposed limit. i got very nervous about this. i called the company. i said will you shrink the regular-sized snickers bar. they just told me they are actually thinking about it. this is an initiative that won't go into effect until next year. all the details have not yet been sorted out. and so the regular-sized snickers bar is, you know --. jenna: not even, wow!. jon: that was mine. [laughing] jenna: look at his face. >> reporter: i'll by you one, jon. jenna: he is worried now. jon: we have to put a bunch of snickers bars in the freezer. >> love frozen snickers bar. >> you can stockpile the king-sized snickers bars. they will be collectors

items. jon: that is sounds something like government would do not the candy company themselves. >> reporter: doing it themselves. jenna: what is it, rick? >> reporter: health and overall wellness. 250 calories will be the max for chocolate bars by end of the next year. jenna: will you save any for jon? >> reporter: vending machine is outside. i'm getting him another one. jenna: thanks, you guys. he really does. jon: you bug me every day. jenna: how many days a week? three? jon: i'm trying to cut back. jenna: three, four, five days a week? i'm just saying you like snickers bars. i rather have him with good blood sugar level, not hungry. that is better jon scott. there are new dangers threatening your child's health. what you need to know about an ingredient in some organic baby formula. not just snickers we're looking on fox news. baby formula. that is coming up. jon: i'm getting my candy bar

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