that was so cool. martha: i never held a brown bear before! any bigger than that, i would be nervous. soft and cuddly! everybody, i'm going to ghana next week with malaria no more, which is what i've talkg about forget and i'll see you when i get back gregg: take lots of pictures. "happening now" begins right now. jon: sheer terror in pittsburgh as a gunman walks through a medical center picking off victims, apparently at random. one is dead, seven hurt, and so many unanswered questions. jenna: some republicans worry the bruising primary might leave a weakened cap date to take on president obama. but what does history tell us? james rosen knows. jon: a harrowing ordeal for a massachusetts store clerk. we have the dramatic 911 call and latest on the hunt for these armed robbers. it's all "happening now".

jenna: it is great to see you this friday morning, we're glad to have you with us, everybody, i'm jenna lee. our top story, the search for answers in that deadly shooting rampage at that clinic in pennsylvania. jon: what an awful story. i'm jon scott. police are still trying to figure out who the gunman is and why he opened fire at the university of pittsburgh clinic. it happened yesterday afternoon. they say the guy walked into the clinic lobby, carrying two semiautomatics and started shooting. seven people, hit in all, one of them was killed. police now identifying the victim as a 25-year-old staff member, michael schab. the gunman was shot dead apparently by campus police. right now the medical examiner's office, saying he had no i.d. on him and running his fingerprints through a nationwide data base turned up no clues. people in this community are stunned by what happened. >> they weren't able to move anywhere. everybody had to stay on their floor and stuff. >> never happened in our school, in this area.

i'm just like so worried. >> i don't know what the security is like above the first floor right now. that's as far as i've gone. jon: pittsburgh make lake ravenstahl joins us. any new information on who this gunman was or why he did this? >> at this point, we still have not identified the gunman, nor do we know his motive for entering the facility yesterday. it was truly a senseless and sad and tragic day in our city. the investigators obviously continue their work and as we continue to gather information we'll share it with the public. i don't know jon obviously it was a psychiatric clinic. anybody who would do something like this probably needed psychiatric help. he was completely unknown to the clinic or the staff there? >> again, that remains under investigation. at this point, it's unclear whether or not he was a patient of the clinic. there's not much known about him. as you mentioned, he had no identification on him, and at this point this morning, we've still been unable to

identify the individual. hopefully that work will take place today, and perhaps we'll have an i.d., and then we'll be able to potentially figure out a motive. but the bottom line is this is just a tragic day for somebody to walk into a facility like that and open fire makes no sense, but i have to give credit to the folks involved from the employees of the hospital, to the public safety officials, for their courageous acts. the fact that only one person other than the gunman was killed is a testament to the ability of those folks to risk their own lives to save others', and we're very fortunate that only one person other than the gunman was killed yesterday. jon: it's really a tribute to the campus police and others who stopped this thing. >> it is. they were in the building within a matter of minutes, so the gunman entered the facility about 140 time p.m. yesterday afternoon, and literally, within minutes, the university of pittsburgh

police officers entered behind him and were able to obviously kill him before he killed any other innocent victims. there were also seven others that were wounded. to the best of my knowledge this morning, all of them will take a healthy recovery, and we're very, very blessed for the heroism of the police department. onjon that is i guess a small window of good news in this tragic and awful story. mayor luke ravenstahl, thank you for joining us. >> thank you. jenna: from one developing news story to another we have this fox news alert. we are going to take you to dallas. do we have a live picture of that? there we are, a live picture of dallas where we are hearing first reports of what's being described as an armoured car robbery, reports of two people shot at a western union in dallas, texas. that's all the information we have at this time. it's a story we'll continue to watch on "happening now" but that's the report an armoured car robbery in dallas. more on that as we get it.

in the meantime we're going to turn to d.c. there are growing concerns among some republicans that the grueling primary may have hurt their chances of winning the white house in november, but could the fears be overblown, even if the field does not narrow soon? try comparing it to the priewzing race between president obama and hillary clinton four years ago, some analysts believe that showdown actually made the eventual nominee, the president, a stronger contender in the general election. chief correspondent james rosen has more on this. >> reporter: you've seen the headlines, negative campaign tarnishes candidates and all the handwritinging about how the quote unquote bruising primary contest has been primed by sharp attacks, this quote from four years ago when hillary clinton and barack obama ran. indeed it wasn't until june june 2008 then senator clinton withdrew from the race and not until late june from the two appeared for this unity rally in ynty new

hampshire. that exercise followed unkind suggestions by mrs. clinton that mr. obama was an empty suit and like minded suggestions that mrs. clinton was in the pocket of beltway special interests. >> that's the difference between me and my democratic opponent. my opponent makes speeches. i offer solutions. it's one thing to get people excited. i want to power you -- empower you. >> in this campaign, she has taken nearly double the amount from lobbyists than any democrat or republican running for president. that's not being a part of the solutions business. that is being in the business as usual business. >> reporter: democrats today cast the vitriol of the primary where charges of lying and plundering have

been advanced, analogies of campaign ads show a predominance of activity in that matchup. what we will likely hear from the number two finisher in this cycle will likely parallel sentiments from then senator clinton, almost exactly four years ago today >> issue after issue, i think the democratic party will see that whatever differences general obama and i might have had during the primary campaign, they pale in comparison to to mccain and the republican party and i think that's a strong case in which we will be making with a unified front. >> reporter: and once again more than two months would pass before those remarks before clinton would concede to her rival and now boss. jen general an interesting dac -- look today, james, thank you very much. jon: for more perspective, steven hayes, writer for the weekly standard and fox news

contributor. what do you think about that? does this ongoing battle between the republican candidates make the eventual winner stronger? >> i think there's an argument to be made both ways. on the one hand, you've got mitt romney, if he becomes the eventual nominee, who will have sort of been run through the gauntlet,o gauntlet as james explains, he will have identified supportners key states, they will have gotten out, gotten voters to the polls, they will have had a test run for what would be his organization in a general election. on the other hand there has been quite a bit of negativity. a lot of the main issues against mitt romney, and i would argue rick santorum if he were to become the nominee, have been raised and aired and repeated, and the general negativity around the race i think is not good for either one of those candidates and it shows up most especially in the approval ratings, the favorability, unfavorability ratings, of these candidates among independent voters. jon: so the name calling is hurting. >> i think it is. i think the biggest argument is that this is hurting. it's been negative, it's

been long. they're baaing the heck out of each other, they're identifying these negatives, and overall, it's not a positive. jon: but you know, whoever wins is going to be going up against a president who -- i mean, we've just seen the unemployment numbers. they're still stuck well above 8 percent, and some say if you counted everybody who could be looking for work, it would be ten, 12 percent or more. is the nation going to reelect a president in that situation? >> yeah. no, i mean, i think that's a good point. i think this president is one of the most vul nrable incumbent presidents in recent modern political history, so there's no question that republicans can still win, and i think a lot of the sort of doom sayers saying oh, this is over, the president's far too strong, the issue set works to his advantage, i that's very premature at this point. the question is which of these republicans can emerge and then mount a serious general election campaign and take those issues to president obama. jon: so much of the election is decided by independents.

you know, much has been made of the fact that mitt romney might not be the most conservative republican in the field. but independent voters aren't necessarily looking for a conservative republican, are they? >> well, it depends on the issues. on national security and foreign policy issues, independents skew toward the republican party on some other issues, they don't, but mitt romney will i think have an argument to make. he can use what's been a disadvantage in the primary to his advantage in a general election. but i think he's got another problem. he's also got to excite and energize conservatives that haven't been excited about his candidacy so far. so he's got these two challenges if he is, nangt in fact, the republican nominee, that he's going to have to solve. jon: i guess he has, what, about seven, eight months to get it done if he's going to be the nominee. we'll see what happened. stephen hayes, thank you. >> thanks jon. jen this next story is really starking -- sparking a huge debate, surveillance of muslims inside new york and outside as well by new york city's police.

coming up, judge nao na napolitano weighs in. jon: it's been one year since an earthquake and tsunami devastated japan. a live report from one of the areas hardest hit. jenna: that video still takes your breath away, doesn't it. >> a terrifying armed robbery caught on tape. the details and words of a woman who looked down the barrel of a gun, next. >> we need to get information. i need to you breath for me. okay, did they have a weapon? >> no, she -- they lad a shotgun. >> they had a shotgun? e to "ho-" and hello to "whoa, yum." use campbell's cream of chicken soup to make easy enchiladas, cheesy chicken & rice, and other chicken dishes that are oh...so...whoa. campbell's. it's amazing what soup can do.

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jon: a shocking robbery caught on tape. take a look at this surveillance vid fro a store? dartmouth, massachusetts, two masked men burst in, point ago shotgun at the woman behind the counter, ordering her to hand over

cash and cigarettes, she manages to dial 911, scared out of her mind. >> what's the matter? >> i got robbed. >> okay, okay. are you okay? >> listen to me, listen to me. calm down. breathe. breathe. are you okay? we need to get information. i'd like to you breathe for me. did they have a weapon? >> they had a shotgun. >> they had a shotgun? jon: they had a huge gun but they didn't use it. the dispatcher managed to calm the woman down, police arrived on the scene quickly. they are still, though, serving for those -- searching for those suspects. jenna: this sunday marks one year since a magnitude nine earthquake rocked japan and a tsunami with the nuclear disaster, the worst since

chernobyl. sixty thousand died and 3000 others are still missing at this time, piles of debris scattered along the northeast coast, one bustling -- once business ling business and residential areas are ghost towns. in the exclusion zone, near the crippled fukushima nuclear plant, it went from a population of 16,000 to just one person. the lone holdout is a 53-year-old farmer, who is defying the government to leave so he can feed and care for the animals left behind. that includes a few key animals we're going to introduce you. david piper is streaming live from japan with more. david. >> reporter: hi jenna. yes, we hanged to get into that exclusion zone yesterday. nothing really prepares you for what you're about to see once you pass those tight security check points. the landscape was strewn with the remains of cars and boats. that's because they haven't been able to allow people in to clear up that area.

and that's as we passed through village after village. of course there was nobody there, but they were eerily quiet. there's no domestic animals or farm animals, they've all been taken out because of the danger. also, at this time, they have managed to get a few search teams over on to the beach, very near to the fukushima plant, about a mile away. they haven't been able to search there before. they're looking for 49 bodies of local people. they're still unaccounted for. there's over nearly 4000 people still unaccounted for in total from this twin disaster. but when we left this area, we spoke to a few villagers, and they were actually being checked for radiation. they said they managed to go in there to check their homes, they are allowed in time to time, but they did say that they didn't think they would ever be allowed to get back in.

and we also went to tepc osm, the company that runs the fukushima plant, we went to the offices in tokyo and a spokesman told me they really had no clue when this would be safe for those people to go back to their homes. jenna: unbelievable, still to this day. david, thank you. jon: a fox news alert. we're getting through information now on the robbery of that armoured car in dallas. harris has the latest. she's in our newsroom. harris. >> reporter: we want to alert everybody that these are live pictures via our affiliate kdfw, and you can see all of the response from the dallas police department. we do know, coming from local reports there, that the driver of this armoured vehicle that's now in the center of your screen had just pulled the vehicle up, when apparently there was a man waiting as the driver opened the door. apparently, that man opened fire. and then the driver opened fire, returned fire. so you have two people shot. you've got the driver of

that armoured vehicle, truck, rather n. the center your screen, and the suspect of and both people reportedly have been taken to local hospitals and of course you see all the police officers on scene, trying to figure out what exactly -- exactly what steps to take, whether there was, in fact, a robbery. we don't know yet but we know about the shots fired in exchange. jon hair i. stay on it for us. >> reporter: will do. jon: the fight against unemployment turning to twitter. how tweeting might help some people actually find a job. hmm. plus we're going to talk to someone embedded with the navy's fifth fleet in one of the most important waterways in the world right now. the strait of hormuz. his insight, coming u dad, why are you getting that? is there a prize in there?

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jenna: well, right now the strait of hormuz is one of the most precarious waterways in the world, gateway to the persian gulf where 40 percent of the world's oil passes through. on one side, you have saudi arabia, kuwait, iraq, the other blocking the strait of hormuz, even temporarily would cause one fifth of the world's oil supply to be bogged down and some predict the price of a barrel of oil could double to more than $200. our next guest is returning from a stay on the u.s.s. carl vincent, embedded with the navy fleet that polices the strait of hormuz. joining us is a foreign affairs columnist with the "wall street journal". nice to have you with us, bret. >> good to be with you. jenna: the story takes on more importance because of the ongoing discussions with iran and i understand while you were on the aircraft

carrier you were being shadowed by an iranian ship. tell us about that. >> at the time i was actually and the u.s.s. bunker hill, which is the egypt-type cruiser that was the carrier's essort -- escort, and at a certain point through the morning haze, you could see off our star bird beam, about 3400 yards away, a dow, the dow are the ships of the area, mostly commercial ships, this one you knew was iranian because it was flying anan flag, it had a radar far too extensive for fishermen to own and it shadowed us and came within a mile. the officers going to the gulf for money years told me this is typical behavior on the part of the iranians. the worrisome thing is that there have been incidents over the last year in which the iranians have come very close to some of our capital ships and the fear is that even a small boat could do enormous damage to a very

large u.s. ship. just think of the u.s.s. cole, back in 2000. gen jen sure. we've had people come on the show, different analysts, that have talked to us about what could actually lead to war with iran and some have pointed to the strait of hormuz and a miscalculation or sudden decision that could launch us into a bigger war with the country. i'm curious because we've talked so much about iran together on this show, having been to the strait of hormuz at this time in our history what are some of your observations now that you're back home and thinking about the situation with iran? >> the first observation that has to be said, we have a magnificent navy, certainly magnificent officers and sailor, highly competent, and nothing kind of can duplicate or replicate the experience of actually spending time out there with our -- with the sailors, with the pilots out there. on the other hand, when i was in the persian gulf, we really had four, five ships, major ship, in theater. so it of not a particularly

large deployment. and i think this, to some extent, speaks to the downsizing of our overall military. twenty, 25 years ago we had close to 600 ship, now we have less than half that number. that's a significant effect. the third point is while the iranians are generally cautious around our boats, they do have rogue -- or it seems to be that they do sometimes have rogue elements in their navy, in the naval component of their revolutionary guards corps who may be tempted to carry out lone acts against our ship that could precipitate war. the iranians are thought to have about 5000 mines. that could close the strait of hormuz pretty quickly. jenna: that's a scary thought to think about, especially because the aircraft carriers and other ships carry so many of our men. quick thought, doug mcfarland was on our show and said if he could give the president any advice it would be to park aircraft

carriers, more than one, off the coast of iran and just sit there. mitt romney had an op-ed piece in the "washington post" that said something similar this week. my question for you, is it about numbers? you mentioned the number of the ships an wanting to see them big, you know, versus small in a time like this, but is it about the numbers or is it about the real threat to use those ships if need be? >> well, you know, there's a saying in the military that quantity has a quality all of its own. now, there was also the abraham lincoln, another carrier parked outside of the arabian sea doing operations for enduring freedom for afghanistan. that's also part of the fleet. but that was on the other side of the strait of hormuz. i have no doubt that we have a navy and one admiral after another made this clear to me, that it's highly capable and could take on the iranians if we were -- this they were -- if they were called to do so, but nonetheless, when you have relatively few capital ship, each of those ships becomes

more important to your overall fleet, and more vulnerable to an asymmet rical type of attack and we need to train very carefully and plan very carefully against that possibility. jen you give us a valuable perspective. you figure you're just going to retire from the "wall street journal" and join the 1/2 now? is that the next step? what do you think? >> that's on the bucket list. jenna: you had a pretty good trial period, something not many get to see. bret, we'll be looking for your article in the "wall street journal" in the next few days. jon: i spent a few days on the abraham lincoln. it was great. a growing controversy over homeland security, the ju department reportedly considering an investigation into the new york city police department's surveillance of muslims. critics call it racial profiling. defenders say it's just old fashioned detective work. and the nypd is trying to keep us safe. we're going to take a look at both sides of this hot debate. >> we define new york! >> racism does not define new york!

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jon: new numbers out from the labor department show the nation's unemployment rate holding steady at 8.3% in february, that's despite employers adding 227,000 new jobs, because, analysts say, some formerly grurnlg dollars workers are back in the marketplace looking for work again. in some cities like atlanta,

those looking for work are getting high tech help through social media sites like twitter and facebook. jonathan serrie, live in atlanta for us. >> reporter: the service tweet my job, what it does, it links employers with those seeking work, using social media. the service compiles job openings with companies or fields you're interested in and then lets you know if any of your friends on facebook or other sites work for those companies so you can ask them for a reference. tweet my jobs also has a smartphone app that lists job openings in buildings around you. listen: >> you can walk down main street usa, move your phone around, and you're going to see that starbucks has a opening across the street, it will give you the address and you press the thing on your smartphone and it will give you the application or walk in and ask for the manager. >> reporter: new jersey mayor cory booker said his

service was subscribing to the service, and reid of the first to sign up back in january. >> the most important thing that i can do as mayor of this city is to help folks who want to get back to work get a job, and when we have job openings and you have qualified people out there who don't know about the job opengs, i think we're doing the right thing when we rake that connection happen. >> reporter: company officials say they're currently in discussions with more than a dozen other state and municipal governments that are looking at social media as a way of reducing unemployment. jon. jon: interesting way to use technology. jonathan serrie, thank you. jenna: right now, a debate is raging over the nypd's surveillance of muslims throughout the new york city area and beyond, and the beyond part is key here. critics insist the practice is racial profiling run amock and condones spying on private citizens. defenders claim this is just old fashioned detective work, investigative work, and the goal is to protect

what is argueably the terrorists' number one target in the western world, the big apple. just yesterday, attorney general eric holder says what he's read about the program is, quote, disturbing. the justice department is reportedly now reviewing whether to launch an official investigation. judge andrew napolitano is fox's senior judicial analyst. judge, let's start with that investigation. what exactly would that investigation look like if it went forward? >> reporter: it would probably look like fbi agents investigating exactly what the new york city police were doing. if, for example, the new york city police were gathering publicly available information in order to permit them to fight crime, to keep the city free and safe, to decide how to allocate priorities and resources, that's perfectly acceptable, and it doesn't require a search warrant and it's not unlawful and it's a good and healthy thing for the police to do. if on the other hand the new york city police were inside new jersey and were monitoring phone

conversations or even in person conversations or used to computers without a search won't, that would violate federal and new jersey law and then the fbi and the justice department would have to decide what they wanted to do about it. so the initial inquiry is what were the police doing in new jersey, was it benign, or was it against the constitution. jenna: judge, you wrote about a scenario that happened in new jersey, and it was -- i'll let you explain it. it wasn't just the nypd by themselves. they were also with the cia agent, another federal agency, and the fbi kind of stumbled in on them. so explain to us that dynamic, because it wasn't simply the nypd against the fbi. >> right. jenna: there was another federal agency involved. >> this is a very disturbing, and from the point of view of people who watch this for a living, a fascinating scenario. in june 2009 a januarytory in an office building in new brunswick, new jersey was assigned to clean an office and he noticed terrorist literature and high tech equipment. he called his boss, who

called the local police, who called dispatch and called the fbi and the fbi and local police raided this office. when they raided it they found five people there using high tech surveillance equipment, monitoring peoples' conversations. four of the five were new york city police officers and one was a cia agent. this immediately creates a lot of problems, who should arrest whom? should the fbi arrest the new york city cops for using surveillance equipment without a search warrant? should they arrest the cia agent for using surveillance equipment in the united states because federal law limits the cia's surveillance behavior to outside the united states. or should the nypd \arrest/{^ar} the fbi for breaking into a legitimate law enforcement function in new brunswick, new jersey. jenna: sounds like a bad riddle. let's take a step back. at the same time you had a janitor that had his eyes, ears open, saw something he didn't like and notified the authorities and all the authorities had to -- happened to be involved. isn't that a good anything in the fact that people are aware and there's something

else going on or something weird going on, you've got a lot of people involved and stepping on each other's toes but we haven't seen another terrorist attack. >> as a result what the janitor did we discovered the tip of the iceberg and we seem to be discovering more an more with every tick of the clock. if the new york city police were in new brunswick, new ties andcal authorities and thei tong equipme to survey conat o computer use without a search wrant, issued by a judge in new jersey, then they were violating federal and state law. and it's good that the janitor caused this to be exposed. jenna: interesting. a quiek final question, because this debate continues about what the nypd is doing, whether they're doing the right thing and a lot of different emotions involved in this. but considering the threats against this country right now, do you think our laws have kept up with those threats, do you think the laws are helping us prevent further attacks or do you see that maybe the laws

haven't grown with some of these threats? >> i think that the laws are more than adequate to keep us both free and safe. and it is the job of the police and the fbi and the government to keep us free and safe. if they keep us safe but not free, they're not doing their job. in terms of ray kelly, his heart is in the right place, he's the best police commissioner in the country today. he understands and appreciates the constitution better in my view than any major law enforcement figure of whom i am aware, but even he has to obey the law like the rest of us. jenna: interesting the way you put it, safe but not free. there are so many questions. judge, i'm sure we'll have you back on this. >> pleasure, miss jenna. jon: thank you. >> you're welcome. jon ocoming up, the built journal writes a scathing article taking the mainstream article to task on this story, suggesting it's on the nypd. the writer of that editorial will inus next hour. it was one year ago

sunday the twin disasters struck japan in the form of an earthquake and tsunami that killed thousands and triggered a nuclear catastrophe. well, the aftermath is far from over for that country and ours. coming up, the mission to meet head on a massive debris field that's bound for the united states. plus, a marine's facebook page raises new questions about freedom of speech, versus following orders. could the controversy affect our men and women in uniform everywhere? a fair and balanced debate with two former jags, coming up next. [ male announcer ] drinking a smoothie with no vegetable nutrition?

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jenna: let's take a look some of the brand new stories we're working on for you next hour, including this one, the republican candidates hitting the campaign trail ahead of

caucuses in kansas this weekend. mississippi and alabama decide a few days later. we're going to have a live report for you from the campaign trail. the u.s. turning over control of prisons in afghanistan. what does this mean for our forces as they prepare to withdraw from that country? >> new york city is getting a brand new subway line. it's the largest transportation-related construction project in the country. we're going to speak to the men and women building it. fifteen stories below the street! >> jon: right now, a marine's facebook page is testing the military's rules, and sparking a debate over the right to free speech for those in uniform in this age of global social media. jerry stein is his name, he started a facebook page called armed forces father patriots t. encourages other service members to speak their men's. stein himself declared he would not follow orders from president obama, the commander in chief. well, later, after some

military discipline, you might say, he softened that statement to say, quote, he would not follow unlawful orders. so is he out of order? joining us for a fair and balanced debate, two former jags, tom kenith and tom king. tom, his of all we know troops are fighting around the world for freedom among other mention. do they absolutely give us their righto gyp up their right to full freedom of speech just by joining the military? >> absolutely not, jon. the military is recognized, the courts have recognized you surrender some rights to free speech but certainly not all of them. a soldier -- a service member has a right to make political statements, to say they like the president, they don't like the president, they like this governor, they don't like that governor. the key test that the military applies is whether or not you're using your uniform, using your service member status, as a political soap box.

in other words, if you want to show up at a mitt romney rally, there's no problem with that. but don't do it wearing your acus, your combat uniform, because then you're creating the impression that you're speaking for the military and some sort of -- in some sort of official capacity and that won't be tolerated. jon: jeff, here's essentially as i understand it what had this guy yer gentlemen stein so upset. it involves the koran burning thing we have heard and read so much about. he had said that if nato prosecuted american military personnel for accidentally burning the koran that triggered so much hey memoo mayhem over there, that there was an online debate about whether that was appropriate or not, and he said in that context, he was saying that he would not follow orders from the president if those orders involved detaining u.s. citizens, disarming them, or doing anything else that he believed would violate their constitutional rights. does he have a point? >> well, i think he does.

but i can't imagine a scenario where this marine would be required to detain american citizens for doing that. jon: what if he was told to throw some of his fellow marines in the pri good for inadvertently burning korans? >> if he was given an order by any one of his commanding officers and that order was deemed to be lawful he would have to follow that order or face the consequence. >> jon: simple enough. let's take a look at the oath that, well, my son and all military personnel have taken. they say i, state the nail, do solemnly swear and affirm i will defend the constitution of the united states against all enemies, that i will bear true allegiance to the same and that i will obey the orders of the president of the united states and the officers appointed over me.

now, if one -- now, one of the things, tom, that should figure in here, on this facebook page, where -- well that, got the marine so excited,eagues not even wearing a marine uniform in the photo. he's just wearing his civilian clothes. he does state, though, that he's an active duty marine. does that make a difference? >> look, i mean, you can state the fact that you're an active duty marine or active duty service member, but you can't say that i'm speaking for the military or even create that impression. he can't change the fact that he's in the military. he doesn't necessarily have to disguise that but he can't use it as a soap box. jon, going back to that oath you just flashed on the screen, somebody should insert in there or it is implicitly inserted based on what the law says is it's an obligation to follow legal orders and this goes all wack -- way back to the nourmberg trials, the nourberg doctrine. not only does a service member not have a right not

to follow legal orders, he has a legal obligation not to file a legal order. remember, that was the defense of the nazis at mouren ambassador, saying this is wrong but i was following orders, lieutenant william callie, at the malai mass der, we were following orders to kill everything in sight. if it's an order you have to disavow it. jon: i guess the question becomes, who dis the order to pick up american troops, whether that's illegal or not. >> unfortunately, this happens all the time. marines are forced to arrest other marines, to detain other marines, if it is considered that they have somehow violated the law of war or rules of engagement. that happens all the time. but it's up to that individual marine to make a moral decision on whether or not that's a lawful order. and sometimes, that is actually fought out in court. especially in the climate these days, where the rules of engagement are so gray.

but i mean, i've heard him on the news talk about the massacre an all those things and that is completely separate, really, i think from what's happening now with the facebook page and free speech issue. there's this common perception we're going to -- a common perception -- >> jon: we're going to have to wrap it there, jeffrey. i'm sorry, but we're going to continue to watch this case. thank you. jenna: caught on camera, a heavy wind overwhelming a massachusetts gas station. the northeast isn't the only part of the country getting hit with these serious gusts. we're going to check in with the fox news extreme weather center with that. a courthouse overflowing with, well, you see them, stuffed animals, really? we're going to tell you where they came from. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

jenna: a lot of fierce winds out there today blowing through parts of new england. we have ao we have a few pictures from bedford, massachusetts, this is from yesterday where winds knocked down a pretty big canopy over a gas station, it crashed down on a mini van. luckily no one was hurt but you can see how powerful it was, 50 miles per hour. jon: wow! in new mexico, winds whipping the albuquerque area, forcing the evacuation of nine homes, the winds there causing problems with power lines, three poles knocked down, and power cut to dozens of customers as a result. the strong winds even ripped the roof off an abandoned building. jenna: full moon yesterday, lots of wind! janice dean is with us from the fox extreme weather center with more on what we can expect today, j.d. killed of wild weather out there. >> reporter: it's what a cold front does, it brings those temperatures down and the winds can gust up to 40, even 50 miles per hour. look at yesterday's high --

highs, guys! seventy-one in new york city. normally we see temperatures in the 40s. a lot of cases, we saw temperatures well above average, 20-25 degrees above average. there are your highs yesterday. the cold front has moved through, those winds have moved off shore across the northeast, but we're still going to deal with the potential for winds across portions of the central u.s. as we still have the trailing edge of that cold front, and with that potential, a very heavy rain, especially across texas, into oklahoma, and arkansas. some areas could see 4-6 inches of localize dollars rain. they need the rain but too much of a good thing unfortunately could be happening in this situation. one more reminder, guys, daylight saving time! spring ahead! i can already feel that missing hour! jon: ah. jen that about sums it up. that's the look when you hear it, right j.d.? >> >> reporter: there's your friendly reminder. jon: i like my long weekend. thanks j.d.

>> a courthouse, overwhelmed with thousands of stuffed animals. you saw the little bears before on "america's newsroom". we've got them here, too. it's a an outpouring ofgen raft off a -- after judge asked people to donate toys to help comfort children in his court. he received thousands of them! now they line the book shelves, the tables in his office, even the court's kitchen. a local moving company offered to store the toys for free but the judge says they have more plush animals than they can handle. he's asked people to, please, for now, stop donating. jenna: nice to see that generosity, though. new testimony in the trial of a rutgers university student accused of causing his roomate's suicide. the first defense witness taking the stand. what that witness is saying, and what it means for the case. plus, foreclosure signs on homes are really nothing new at this point, unfortunately. but what if that home is actually a worse of wore -- a house of worship? why banks are foreclosing on churches in record numbers, next.

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jenna: high noon on the east coast, and the jobs market continues to improve as the unemployment rate holds steady. i'm jenna lee. jon: i'm jon scott. happy friday to you. employers adding 227,000 jobs in february, keeping the jobless rate at 8.3%, unchanged from january. our o next guest say -- our next guest says it's a good report, but is it sustainable? jenna: steve, what do the signs suggest to you? have we really turned a corner? >> this was a very positive report -- jenna: we need another fox news

alert for that. [laughter] >> it's been a long time, hasn't it? this was a very positive report, almost every sector of the economy except for construction or housing is still holding us down had a nice rebound in jobs, jenna. we saw wages grow a little bit, so, you know, 250,000 or so jobs, a very good number. it's been a long time in coming, it's been several years. you know, one interesting little aspect of in the report that a lot of people have been commenting on, for the last three or four years the male unemployment rate has been a lot higher than the female unemployment rate. they've been calling this kind of the male recession. for the first time in three-and-a-half years, the male unemployment rate fell to the level of the female unemployment rate which means dads are even finding jobs now. jenna: and that's a good thing as jon weighs in. can't forget about the men, we don't want to do that. [laughter] let me read you a headline, steve, if i could, coming from the associated press. companies added more workers in february than in any month in

almost a year, a turning point for the economy. now let me give you a little information. that headline is from last march, talking about last february's report because, remember, last february we created 220,000 jobs. >> yep. jenna: but then it started to peter off, right? by may 54,000. we were still creating jobs, it just wasn't in that same range, so should we kind of guard ourselves for a repeat of that? >> yeah, we should. jenna, you tricked me with that headline, by the way, very good. that's exactly what happened not just this 2011, but also we saw a spurt in jobs in 2010, and then it spurted out. so your point is very well taken. is this durable? is it sustainable? can we continue to see 250,000 jobs a month? by the way, we're going to need that, jenna, because we're still in such a big hole. after all, the unemployment rate did not fall, it's still 8.3% unemployment. we still have something like 14 million unemployed americans. so i'm not saying that it's a rosy job market, i'm just saying

it's improved a lot in the last three or four months. there are a couple of things that worry me about the economy right now going forward. one is the energy prices, gasoline prices which could really dampen the economy -- jenna: and let's stop there for a second. >> yeah. jenna: why gas prices? what exactly is the net effect? some suggest, you know, as gas prices do go up, americans start to adjust. it's not something that we like, but we tend to adjust. so why would that or how could that really effect hiring in a significant way? >> because what's happening is as you know, jenna, we're a major importer of oil in the united states. hopefully, that won't be the case three or four or five years from now, but right now our major import into this country is energy and oil. so every time the price of gasoline at the pump goes up, jenna, that's like a tax on the american consumer. it's less money they can spend on going out for dinner or going to, you know, going to the shopping center and buying clothes or going to walmart. so, you know, the higher energy

prices are a real problem especially, jenna, for those kind of middle class, lower middle class workers and families that are living paycheck to paycheck when it costs, you know, $10 extra each time you fill up the tank, that's less you can spend somewhere else. jenna: now, i interrupted you, you said there was a second thing you were watching. what else is concerning you? is. >> i'm worried about what i call the tax time bomb. we've talked about this before, but i want to emphasize this to your viewers, that this is something that is really going to, i think, starting in the late summer/early fall as investors and workers become aware of the huge tax increase that's coming january 1, 2013, i think that could have a real negative effect on the economy in the last few months of 2012. and by the way, that'll be a big issue in the presidential campaign between barack obama and whoever the republican will be. should we allow that tax time bomb to detonate in 2013? i think the economy's still too fragile for that kind of tax increase. jenna: that's interesting. before we even get there, we have that big ruling on the

health care law coming down in june. >> that's the third, the health care bill. jenna: by the way, before i let you go, what exactly is on your tie, steve? >> these are flags. jenna: you're very patriotic today. >> i know i've got more comments on this tie -- [laughter] jenna: i couldn't let you go without asking about it. always nice to have you, steve, with your fashion sense and your sense on the economy as well. we'll take it all. jon: steve just talked about these presidential elections, so let's turn to the fight for the republican nomination in america's election headquarters, and the upcoming southern primaries. kansas is holding caucuses this weekend with mississippi and alabama to follow next week. the four candidates are zigzagging through many of the states today in efforts to gain whatever votes they can. alicia acuna live in wichita, kansas, for us now. >> reporter: hi, jon. let's begin with who's not coming to kansas, and the decision making process behind that or, rather, decisions.

mitt romney is skipping kansas and has been spending time in mississippi and alabama, and it was in jackson today that one of his staffers told reporters they consider their candidate the underdog in that state and that newt gingrich is competitive there. but at a town hall today romney talked about overregulation. take a listen. >> if you build it, they will come. if you hire the regulators, they will regulate. >> reporter: earlier this week newt gingrich had stopped in kansas planned, but changed course and is sticking with his southern state strategy, remaining in mississippi and alabama. if you take a look at the latest rasmussen poll yesterday in alabama, it shows newt gingrich is just ahead of santorum by one percentage point and romney by two with a margin of error plus or minus 4%, so it's basically a statistical three-way tie. santorum is hitting all three states having contests. he is considered the favorite here in socially-conservative

kansas. he'll be speaking here later today but earlier went after the president. >> we have a president who doesn't believe in that america anymore. he believes in a vision for this country that is, i believe, antithetical to the values of this country. the values of this country believe in you. the values of this president believes in those in charge in society. >> reporter: ron paul has a packed schedule in kansas today. at one event he will be joined by sam brownback, the state's governor. that should not be read as any kind of endorsement by the governor, brownback is also going to attend a rally with santorum about an hour after paul's event. back to you. jon: all right, live from kansas, wichita. thank you. don't forget, fox news is your election headquarters on air and online. you can track each of the republican candidates, foxnews.com/elections.

jenna: we're going to turn now to a big headline coming out of afghanistan today. military commanders signing a deal to hand over control of the country's largest prison outside kabul to the local government. this in the wake of violent protests over the burning of the quran. conor powell is streaming live from kabul with more on all of this. >> reporter: jenna, this agreement represents a significant ten in the overall winding down of the war here in afghanistan and the transition to afghan authority here in afghanistan. over the next six months or so, nearly 3,000 or so taliban detainees will be transferred from u.s. custody into the hands of the afghan government. also the largest prison here in afghanistan, the defense facility, that will also be handed over to the afghans. now, the u.s. military and the afghans have been working on this agreement for many months now, the u.s. military had been resisting because they wanted to headache sure the afghans were -- make sure the afghans

had all the resources in order to run the prison. also the u.s. military wanted some guarantees that when prisoners were brought in, they weren't just released the next day, they wanted to make sure that detainees stayed off the battlefield. the afghans have essentially given the u.s. military a veto over detainees being released, so detainees won't just be released once the afghans get them. the u.s. military has some say about keeping them in the prisons, so that was a big part of this agreement. now, the next big issue here in afghanistan is the issue of night raids. both the u.s. and the afghan government have been debating this issue for many months now. general john allen has insisted that night raids are a valuable tool against the insurgency, but the afghan government wants an end tonight raids. if they can get agreement together with the detainee agreement, that would open the door for a much larger, strategic, long-term agreement here in afghanistan which would essentially have the u.s. pledging money and military support to the afghan government

post-2014 withdrawal, jenna. jenna: interesting. there's some questions about the theory behind all of this and the practice of it all and whether or not those things can come together. connor, thank you very much. conor powell in afghanistan today. jon: israel's former spy chief says more time and effort is needed before considering a military strike on iran's nuclear facilities. the former director of israel's mossad talking to "60 minutes" on cbs discussing alternative actions to halt iran's nuclear program including assistance for groups inside iran that are opposed to the current regime. >> an attack on iran before you exploring all other approaches is not the right way how to do. i never said it's a lot of time, but i think -- >> well, more time. >> more time. jon: israel's prime minister benjamin netanyahu has been hinting that israel might feel the need to attack. he says he prefers a diplomatic solution, but the military

option remains on the table. to syria now. amateur video coming into our newsroom of gunfire in the streets. we are also getting word in the rebel city of homs that government tanks are moving into neighborhoods, randomly firing cannons at houses today. more than nine people reported killed there. dozens more around the country. the leader of the main opposition group is refusing a call from the u.n. envoy to begin talks with syria's goth. the rebel -- government. the rebel leader saying talks are pointless as long as the government continues to massacre its own people. jenna: we're going to actually move on here to this story. a growing backlash over surveillance of muslims by new york city police, and by now the mainstream media is really coming under fire for this. jon has a special news watch panel coming up on the way that story is going to be told and different perspectives on that. also there's a record number of churches facing foreclosure, why lenders are going after the

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jenna: right now some stories we're following this hour. the u.s. trade deficit surging to the highest level in more than three years. $52.6 billion in january, that's the number. the commerce department says imports set an all-time record reflecting a big demand for foreign-made cars, computers and food products. often times, though, energy prices figure into this as well, and we've seen those go up since the beginning of the year. a freight train colliding with a pickup truck in riverside, california. police say the driver drove onto the tracks and stopped there. the train pushed the pickup

several hundred feet, killing the driver. no injuries reported aboard the train. and a woman who had been missing for nearly a month has been found alive in new mexico's national forest. hila national forest. search crews say the woman was barely able to speak, had lost one-third of her body weight. her cat was also found alive. i mean, this story's remarkable for a lot of reasons, but her cat was found alive staying by her side the entire time. probably a lot more to that story -- jon: never heard of taking a cat on a hike. but it's a good news story. jenna: we'll find out more about that and bring that to you. jon: new developments, now, in the trial of a rutgers university student accused of using a web cam to spy on his inmate's intimate relationship. harris faulkner is live on it from our new york city newsroom. >> reporter: yeah, jon, this case is just moving on the associated press wires now because we're getting details about what's going on inside that courtroom at this point.

the first witnesses for the defense taking the stand today in the trial of the former student. ravi facing 15 criminal counts including invasion of privacy and trying to cover up his tracks. he's 20 years old thousand and allegedly used a web cam to capture intimate moments between his former roommate, tyler clementi, and another man. then ravi went on twitter.com and used text messaging to tell friends about that. kind of a key point in this case, though, jon, is whether or not there was any intention on the part of ravi to do this because his roommate was gay. so these witnesses, seven of them in just the last hour, are character witnesses saying that they never heard ravi say anything about gays, anything against them, any kind of motivation against them. and then what was also key this morning was that the first two witnesses were police officers, investigators in this case who also said that the students that they talked with never said that

they heard ravi say anything against gays. that's key because that bias intimidation is the most serious of the charges facing him. we don't know yet today who else will be taking the stand outside of these character witnesses, and we don't know yet if durham ravi will take the stand himself in his own defense, so we're watching this case in new brunswick with, new jersey, today. and you may recall this case became known nationally because tyler clementi, the roommate who killed himself, jumped off the george washington bring in september of 2010 -- bridge in september of 2010, and that is why a lot of people know this case because, obviously, there were witnesses to that, a very sad happening, and it happened just days after this alleged spying. back to you. jon: harris faulkner, thank you. >> reporter: sure. jenna: listen to this next story. panic at a luxury high-rise hotel in bangkok, thailand. we'll show you where that fire is raging through this building,

guests threatening to jump to escape the flames. we'll show you what happened just ahead. plus, tons of trash from japan's earthquake and tsunami one year ago now heading right towards our west coast and hawaii. adam houseley is live in california with this part of the story. adam? >> reporter: yeah, jenna. hard to believe it's been a year since that earthquake and tsunami ravaged japan. why scientists are studying this trash and say it's a once in a lifetime opportunity. that story coming up. what's the matter? uh, trouble with a car insurance claim. ah, claim trouble. [ dennis ] you should just switch to allstate, and get their new claim tisfaction guarantee. hey, he's right man. [ dennis ] only allstate puts their money where their mouth is. yup. [ dennis ] cla service so good, it's guaranteed. foreman ] so i can always count on them. unlike randy over there.

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jenna: well, right now one year after that devastating earthquake and tsunami rocked japan, we're learned that the government knew the fukushima nuclear power plant could melt down, but it didn't tell the

public how serious the situation was for months. in the meantime, we have a mountain of trash from the tsunami disaster floating in the pacific ocean and headed right towards our west coast. that's where we find adam houseley in beautiful marina dell ray, california. >> reporter: some of that trash has already come ashore, but the great majority, as you mentioned, is still coming our way. scientists say it's really important that they track this, they watch it and see how it effects our oceans. it tore through the north of japan with a wall of water in some cases more than 100 feet high. and as the water receded, it took an estimated 20-25 million tons of debris out to sea. >> the tsunami debris, this field of trash going across the ocean, it's as horrible of a tragedy as it is, it's a unique opportunity for some good science. >> reporter: a once in a lifetime chance that has researcher marcus erickson and a team of scientists, educators and film makers sailing out of

southern california, headed to tokyo and back hoping to determine how much trash is out there and also how it impacts marine fisheries. >> it's an opportunity for us to try to present the facts, present the authentic story of what really is going on with marine debris while people are paying attention. >> we might find some lightbulbs, some glass, some metals attached to light bull lightbulbs but the majority is going to be plastic. >> reporter: what the tsunami did was provide a specific time that allows this trash to be studied and tracked. >> a lot of the trash we find out there, we don't know where it came from or how long it's been there, and it's in very small pieces. but this one event put so much into the ocean at one time that this one opportunity, again, like you say, we may never have this chance in our lifetime. >> reporter: and the boat's in the hawaii right now, in may

it'll sail through the trash patch, basically, in the northern pacific. that's where the debris is going through right now. they'll be able to track that, jenna, take pictures and video, and we'll update you, of course, as they continue this journey and this important scientific study. jenna: that is so interesting to see that now a year later and see that it's also still in the ocean. amazing stuff, adam. thank you very much. >> reporter: all right. jon: well, a scene of fear and pandemonium as a gunman opens fire at a psychiatric center, everybody running for cover as the shooter hits victim after victim. the latest on the investigation next. also, new york city police looking for signs of terrorist activity in the muslim community. they're facing off with the feds over what they've been doing. coming up, a debate on how the media is covering this story. have they been fair? plus, a new view of the titanic, mapping the final resting place of the most famous shipwreck in history. ♪

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jon: an ordinary thursday and then pandemonium in the lobby of a psychiatric clinic in pittsburgh. this was the scene yesterday after a gunman opened fire with two semiautomatic weapons. one person dead, seven others injured before police at the university of pitts were able to

take down -- pittsburgh were able to take down the shooter. harris faulkner has more. >> it was the western psychiatric institute and clinic at the university of pittsburgh, jon, with where this whole thing played out. normally with these types of things, there are very few answers. the big question is why would something like this happen? we don't know the answer, but here's the wig question today, it's -- big question today, it's whom? investigators are trying to get a medical examiner's photo of the gunman in hopes the public can identify the gunman. police are saying that he had no identification, and his fingerprints do not match any national database. he walked into the lobby of that psychiatric institute yesterday and opened fire with two semiautomatic pistols. there were people crouched in the corner at one point. everybody was yelling, witnesses have said, they were screaming, hide, hide, stay down, and when it was all over, six people wounded by the man's gunfire. a seventh person hurt but not by

the gunfire, and a whole lot of fear spreading across that campus as you might imagine. so today they're trying to figure out exactly who did this and then maybe at that point they can work toward the motive. police putting out this photo as soon as they can possibly get it. again, hoping that the public can answer those questions. back to you. jon: what a strange story. harris faulkner, thanks. jenna: well, growing outrage over executive pay at fannie mae and freddie mac, and now we're seeing some action. fox business network's rich edson is live in the washington with more on this. rich? >> reporter: good afternoon, jenna. fannie mae and freddie mac combined are still losing money, and taxpayers are still keeping them in business, so far for a total of $180 billion. meanwhile, last year their chief executives combined earned just shy of $10 million. those executives are on their way out, they're leaving fannie and freddie once the government-supported companies find replacements. and now fannie and freddie's

government regulators say officials have set limits for whoever takes over, a target of $500,000 a year in pay. the chairman of the house financial services committee says it's about time. in a statement he writes: the lavish compensation packages, million dollar bonuses that have been given to top executives in these two failed companies are an outrage to those taxpayers whose assistance is the only thing keeping fannie mae and freddie mac afloat. though one analyst and former federal housing official says taxpayers actually got a pretty good deal for their money. >> you can't look at the pay and the losses, um, you do not -- the compensation executive is not like a stock in the stock market. it doesn't go up and down every day. you have to pay to attract people who have the background and sophistication and expertise to run this multitrillion dollar effort. >> reporter: and most of the current losses at fannie mae and

freddy mac are on loans guaranteed during the housing bubble so, basically, five years ago or so. government estimates put total losses from that in the hundreds of billions of dollars. jenna: so the argument is if we cut pay too much, we're not going to get the good guys to run these two institutions, but then there's questions about the way those institutions have been run under folks that have made millions and millions of dollars. do i have that right? >> reporter: absolutely. yeah, i think you nailed it. [laughter] jenna: just wondering about these executives. okay, we see both sides of the argument, rich, we'll see what happens from here. jon: and do we need those institutions at all? jenna: yeah, good question. jon: it is not just homeowners struggling to pay their mortgages, even the man upstairs can't help some houses of worship with their financial troubles. the clergy foreclosure crisis coming up. when you have diabetes... your doctor will say get smart about your weight. that's why there's new glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes.

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jon: more than 1500 people died in the titanic disaster. the team used sonar imaging and thousands of pictures taken by underwater robots to create the map of the debris field. want to know more about what they discovered? just click on foxnews.com for all of the details. by the way, april 15th of this year marks 100 years since the titanic sank. jenna: there are some ships going up to that area to take a cruise of the area where it went down just for the anniversary, so maybe you want to get on one of them, i don't know. sounds like quite an adventure. jon: historic moment. jenna: it's one of the largest construction projects in america, but you'd never even

know it was there unless you went looking for it. sand hogs are chiseling out the future of transportation in the city that just never sleeps. rick leventhal is working 9 to 5 in new york today, and there he is. hey, rick. >> reporter: jenna, sand hogs dug the footings for the brooklyn bridge 140 years ago, and they've dug the footings for almost every other bridge in new york since then, and every single tunnel beneath our feet -- and believe me, there are a lot of them including the east side access project that's going to connect the long island railroad to the grand central station. it's a $7 billion project that would be impossible without the sand hogs. almost every working day for the past 31 years mike warfield has gone deep underground. often 15 stories or more below the streets of new york city, carving tunnels through dirt and bedrock. warfield is a third generation sand hog, an urban miner. all he does is tunnel work. >> knock it off a chunk at a

time. you know, you take a look at the scope of the job, you know, the sheer size of it, um, you try and make sure that some of that changes before you go home at the end of the day. come on, dig in there. get mean with it. >> reporter: warfield wore a helmet camera to give us his view, spending nine hours a day without natural light, with air pumped in from above, clearing and building critical paths for sewers, steam, water and trains. it's damp, cold, muddy and extremely loud. dynamite is used daily, and heavy equipment like these muckers are constantly maneuvering the narrow shafts. >> considering what we're doing, we're moving a lot of rock, doing a lot of drilling and blasting. you know, you just try your best to make it as safe as possible, and so far it's been rell -- relatively good. >> reporter: would you recommend this as a career for someone? >> not my daughters. >> reporter: warfield is a third generation sand hog.

it sounds like there won't be a fourth generation, although i bet his daughters could talk him into it. jenna: that was a great final question to him. well, maybe not his daughters, but we're thankful for the work that he does, and what a job. it's an amazing look, thank you so much. >> it really is. jon: an uproar in the mainstream media over a police program to uncover potential terrorist activity this and arounds new york city. the nypd conducting surveillance to create a broad database of the muslim community and identify potential hot spots of terrorist activity. one of our next guests says new york's finest are getting smeared. judith miller is a pulitzer prize-winning investigator reporter, kirsten powers is a columnist for the daily beast, both are fox news contributors. judy, part of your headline said how quickly we forget. >> right. [laughter] well, this is the city that was attacked not once, but twice. 1993 and then, of course, 2001.

but it doesn't matter because rather than reward the police and praise the police for preventing 14 terrorist attacks -- most of them involving home grown muslim fanatics -- they are now being criticized for putting together through largely open sources a database, a set of, a list of muslim institutions, muslim businesses, places where not muslims, ordinary muslims, but terrorists might seek shelter or hide. our police's mandate has basically been to prevent the next terrorist attack, not investigate it after it happens. and the nypd, it says, has been meticulous in following guidelines that have been handed down by the courts to protect our civil liberties while keeping our city safe. and for this they should not be subject to investigations or threats thereof by eric holder

or complaints from neighboring newark police that say they weren't informed about the surveillance when, in fact, they were. i'm not quite sure, jon, what's going on here, but i do know that when i look at these stories and i look at the institution that i've covered now for about ten years since 9/11, i just don't even see this, that they're reporting on the same institution. it's truly kind of amazing to me. jon: yeah. kirsten, some of what has some of the opponents here so up in if arms is that the new york city police -- in arms is that the new york city police are going outside the city, they're going over to newark which has a large muslim population. even governor chris christie of new jersey is mad about it, the trenton fbi is mad about it, you said you thought it might be something of a turf war. >> well, that was my guess. judy would probably know more than i do, but i highly recommend her article with richard clarke who was, you know, as everybody knows,

somebody who's worked in the white house on antiterrorism who both come to the same conclusion about this which is that they didn't break the law. of course, if you're going to look for muslim fanatics, you're going to go where muslims are. that doesn't mean all muslims are fanatics, nobody's saying that, but as it says in the article, i mean, if you're going to go after the mafia back when they were going after the mafia, they went to italian neighborhoods, i'm sorry, because they were italian. it's not to impugn all people associate with the that group of people. so to me it seems like what happened is the people of new jersey are upset because they say there wasn't coordination, um, and, um, it just doesn't look like they're doing anything that you wouldn't normally do. they're not violating any laws. i, i don't really understand what the problem is. jon: yeah. judy, i'm guessing that it's a bunch of presbyterian grandmothers had boarded planes and flown them into buildings,

the fbi would be looking in presbyterian churches right now, wouldn't they? >> absolutely. they were hanging out at synagogues when we had a problem with militant jews. it does not make sense to use precious police resources to investigate people who are not even going to be suspects in a crime. prevention is a very different kind of activity, jon, from investigating after the fact. we don't want another attack in new york, and when the ap said that, oh, my gosh, the nypd followed some muslim students on a whitewater rafting i trip, what they didn't say even though the police made clear is that some of the people on the trip were suspects in another and an ongoing terrorist investigation in which some people have already been convicted. the police can't discuss it because it is an ongoing investigation, but that's the kind of information which is not reaching readers at the ap -- jon: as you two are on air here,

the council on american islamic recommendations is out with -- relations is out with yet another news release saying that the new york city police kept an eye on muslim-owned businesses. they say that it is blatant religious profiling. is it, kirsten? >> no. i mean, to say that would be to admit somehow that razz call islam -- radical islam is the same as being muslim, which it's not. they're going to the places where they know that fanatics are going to spend their time. it's a totally different thing. and to judy's point, these muslim student associations, i believe that anwar al-awlaki, wasn't he, like, the president of one of the muslim student associations? i mean, we know that these places are places where radicals are spending time, and i don't understand why people feel the need to smear the nypd for doing their jobs. look, if they were really infringing on people's rights, of course that matters -- jon: and, judy, we have to wrap

up, but each this group that -- even this group that protested so much has some interesting associations in the its past. >> it certainly does. it was an unindicted co-conspirator, and even though they're often described as a muslim advocacy organization, they, in fact, the fbi has not been dealing with them because have members who have been suspect, and it's a whole separate issue, jon, that we'll talk about another time. but who speaks for the muslim community? why aren't we hearing from moderate muslim organizations and leaders saying we want to be safe too? and many of us are cooperating with the police rather than let people who are known to be rather extreme in their views claim to represent all of muslims. jon: yeah. the new york city police have taken a lot of heat in the media over this whole issue which is why we're bringing it up here on fox. judith mill or, kirsten -- miller, key stint powers, thank

you both. don't miss newswatch tomorrow at 2:30 p.m. eastern time. jenna: and now this fox news alert. a strange situation on an american airlines flight. harris, do you have more on this? >> reporter: yeah. let's take a look at the live picture which is coming out of our fox affiliate, wfld in chicago. we are awaiting the arrival of american airlines flight 2332, at least that was the original number. it may have changed. let me tell you why. when it had taken off in dallas, apparently, there was some sort of incident with the cabin crew. we have some details on background, and as i work to confirm those, i'll be able to share those with you, but let's go with what we know so far. flight 2332 taking off, two flight attendants involved in some sort of something on that plane. they turned it around. they then what they call according to american airlines reaccommodated the passengers, and two flight attendants have been taken to local hospitals in dallas. and are being looked at and

being taken care of. the spokesperson with american airlines is saying that the customers, the people on the plane, were never in any danger at the time. they are not going into specifics about what happened among the cabin crew, but we do know that the flight was going from dallas to chicago. this is o heir, we're waiting for it to arrive according to our reporters at wfld. we'll continue to watch the situation. as we learn more information about what happened on that plane, we'll, of course, tell you. and any condition information that we can get on those two flight attendants, we'll tell you as well. jenna? jenna: we're going to have much more on this developing situation. we're learning some more confirmations of what happened inside this flight with the flight attendant. it apparently has something to do with words about american airlines' bankruptcy and saying that this plane was going to crash. again -- jon: over the public address system, apparently. jenna: over the public address system before the plane took off.

there's a lot more to this story, fox news has just confirmed a few more details, we'll be right back after the commercial break with those for you. [ male announcer ] fighting pepperoni heartburn and pepperoni breath? fight both fast with new tums freshers! concentrated relief that goes to work in seconds and freshens breath. new tums freshers. ♪ tum...tum...tum...tum... tums! ♪ [ male announcer ] fast relief, fresh breath, all in a pocket sized pack. forty years ago, he wasn't looking for financial advice. back then, he had something more important to do. he wasn't focused on his future but fortunately, somebody else was. at usaa we provide retirement planning for our military, veterans and their families. now more than ever, it's important to get financial advice from people who share

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>> reporter: breaking news. a new report reveals how the white house plans to turn around negative public opinion about the healthcare reform law. then find out what happened when "consumer reports" tried to ses drive the fisker karma. a soldier says he will not follow directions of president obama. is that freedom of speech or in subordination? we'll see you on "america live." jenna: breaking news out of texas. fox news has confirmed that american airlines flight 2332 destined for chicago o'hare

airport at a little bit of a problem this morning. this is what we're learning now. apparently a flight attendant on this flight grabbed the pa system as if playing, taxing toward take off and told the passengers that the plane was going to crash, and had a few more words, jon, about american airline bankruptcy filing. jon: american airlines is in bankruptcy reorganization right now, a number of the employees not happy about it. now here is what i'm wondering. she was apparently on the phone telling the captain not to take off, and saying that, you know, the plane was going to crash. it almost sounds like this was kind of a joke, that she might not have known was going public. the flight attendants can use the phone to speak to the cabin crew. if they flip the switch to a different position they speak to everybody who is in the seats. she may have been kaeurpbg on a

joke about bankruptcy and the plane might go down, and the passenger heard it. six passengers in first class apparently didn't like what she heard, you can understand why. tackled her and held her down. there is a report that another flight attendant may have been injured in this melee as well. what a mess, and you don't want to get on the pa system, whether intentional knee or unintentionally and joke about your plane crashing. and that is apparently what this flight attendant did. jenna: the official statement from american airlines goes through the scenario of what we were describing. it does confirm american airlines, two flight attendants were taken to a local hospital for treatment. our customers were not in danger at any time. whether it was a misplaced joke or something other than that we'll have to wait for more details. you have texas to chicago, and folks just want to get one place to another. a strange friday morning for those folks on american flight

2332. jon: well, it is not just u.s. homeowners facing foreclosures, many of america's churches are also in trouble, many defaulting on their mortgages in record numbers. last year more than a 130 churches were seized and sold by banks. adam shapiro from the fox business network taking a look at it. >> reporter: this is just more of the credit bul bubble that captured so many homeowners in its grip. there are roughly 300,000 houses of worship in the united states. as you mentioned last year 138 of them were sold after foreclosure. that was a record number. when you think that back in 2008 when all of this credit nightmare began roughly just 24 houses of worship were sold through foreclosure. since 210 it's 270 churches. part of the reasons have to do with the obvious, a lot of church members and houses of worship have watched their

congregation lose their jobs. the donations to the houses of worship are down. we may takeout a 30 year mortgage but a house of worship takes out a commercial loan, and the loans mature usually in five years. it's very common in a commercial loan to roll it over and refinance. the banks haven't been lending especially on commercial loans. they have not been able to get the kind of loan they need to cover the previous loan and go forward, that is one of the reason you're seeing this record number of churches go into foreclosure and subsequently being sold. most of the churches are being sold to other churches. so if that brings any consolation that might be it right there. jon. jon: that would be i guess one bright as to the in an otherwise sad story. adam shapiro thank you. jenna: an illegal immigrant strikes it rich right here in america by winning the lottery. but he had to go to court after his boss claimed he was the winner. now the jury has spoken. what did they say on this? we'll tell you coming up. dear..

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