florals, and a photographer. bill: couples can choose from an array of wedding themes, martha, including mr. and mr. smith & qweston! o smith had wesson! >> martha: that's a novel idea. "happening now" starts right now and we'll see you tomorrow! jon: a huge day for the entire nation, the supreme court, taking up the health care law. the outcome will affect every single american. jenna: former vice president dick cheney in the hospital recovering from a heart surgery. we'll have an update on that. jon onand tim tebow. we'll bring you the hype as the jets welcome back the famous quarter back. it's all "happening now". jenna: it's good to start monday off with a tim tebow

reference at the top of the show. jon: got to have tim tebow! sorry the broncos let him go! jenna: i'm jenna lee, the highest court in the land takes up the challenge to the president's signature legislative achievement, the health care overhaul law. it is an historic week. jon: it sure is. i'm jon scott. protestors on both sides of the issue, as the supreme court takes on three unprecedented day of oral arguments. twenty-six states are challenging that part of the law saying it is flat out unconstitutional but the obama administration claims the constitution gives congress the power to regulate interstate commerce and the individual mandate falls under that power. this landmark case will have major implications for every single american with the justices expected to rule in june, right smack in the middle of the presidential election campaign.

chris stierwalt is editor of digital politics, chris, the president called this the signature achievement, the proudest moment of his first term in office. how -- i know there are all kinds of implications there, but anyway, how much of his personal prestige is riding on this? >> well, it's a big deal. no president would like to have their signature law, the biggest accomplishment of their term in office, be struck down by the high court. so the president, who used to be a constitutional law instructor at the university of illinois would i'm sure not like to see a core provision of his legislation struck down, but of course, the reality of politics in america today is this. the law remains unpopular. most americans, when surveyed on this question, have said they don't think that the federal government has the power under the constitution to compel individuals to purchase private health insurance.

so the president is on a sticky point here for his personal prestige, no doubt he wants to see the law upheld and certainly to the policy end that it seeks to achieve, but in terms of what he gets politically out of this it may not be helpful if the supreme court backs him up. jon: but on that individual mandate, the commerce clause and so forth, going back to '47 when the supreme court told a farmer that he couldn't grow wheat because it affects the nation's wheat supply, the courts have given pretty wide latitude to congress in setting up the terms of the commerce clause. >> those very few words. not even a whole sentence, has been sul of the bull work of what we've seen in legal arguments over the 20th century in terms of president roosevelt's new deal, and under lyndon johnson's great society efforts, that commerce clause was used to deal with all of these issues that relate to what the federal government can take from you, give to you, and all of those other things, but jon,

this is such a big deal because this is a novel area for the exploration of the commerce clause which says can the government make you do something. it's not that they can't make you not do something, which is what they told that farmer, but could they make him grow wheat, could they compel him to do something that would be for the betterment of all national commerce. that's the question for the court. jon: it's going to be fas nailing to watch. chris stierwalt, thank you. if you want more on your politics fix, catch chris, at the bottom of the hour, on power play, while you're watching "happening now", click on the link on the home page. jenna: another big story today, the wife of a u.s. soldier accused of killing 17 afghan civilians is speaking out for the very first time. staff sergeant robert bales was rememberrally charged friday with 17 pounds of premedicated murder, the 38-year-old could face the death penalty if convicted. now his wife, carolyn bales, in her first interview is calling the situation

unbelievable, telling "the today show" her husband showed no signs of posttraumatic stress disorder before going to afghanistan, she also says her husband loves children and feels she'll never believe he could be involved in the killings. in the meantime, we do have reports today that the united states has paid close to $50,000 in compensation to the families for each of the 17 victims. jon: also in southern afghanistan, today, a gunman wearing an afghan national army uniform shot and killed two british soldiers at a nato base. the attacker who was then shot dead by coalition forces reportedly opened fire at the entrance gate to the base in helmand province. it is the latest in a string of attacks in which afghan security forces have turned their guns on their foreign allies. jenna: in another part of the world, the president warning north korea not to proceed with plans for a long range missile launch, the president joining dozens in south korea for a summit

on nuclear arms security. he says the missile test could jeopardize any progress towards peace and urged north korea's leaders not to risk further sanctions from the international community. south korea is a also taking a hard stand against the launch warning it may shoot down any rocket that violates its air space. wendell goler is traveling with the president, he has this report from seoul, south korea. >> >> reporter: north korea is calling it a satellite launch but the rest of the world sees it as a missile test and the north is forbidden from conducting missile tests by a u.n. security council resolution. no one has missed that once again the north is trying to distract attention from an event to which it was not invited. the president at a speech in seoul spoke directly to north korea's leaders. >> there will be no rewards for provocations. those days are over. but to the leaders of pyongyang, i say, this is the choice before you. this is the decision that you must make. >> reporter: yesterday, mr. obama made clear going ahead with the launch would

cost north korea hundreds of thousands of food aid the u.s. was prepared to provide in exchange for a suspension of their uranium enrichment. meanwhile, iran's missile threat came up in a conversation the cameras picked up between president obama and outgoing russian president medvedev in which mr. m asked for space on the missile defense system the u.s. and russia disagree on. the white house says given the political transition in russia and the presidential election in the united states, little progress was likely to be made on the missile defense system but technical experts will continue to work on it. jenna. jenna: we thank wendell goler for that report from seoul, south korea. the president is also addressing our nuclear arsenal saying he's committed to working with russia to further reduce the number of warheads worldwide. we're going to have more on that in a few moments. jon: new developments in the shooting death of anan jrmd

black teenager in florida. friends and supporters, speaking out on behalf of the neighborhood watch volunteer who told police he shot the 17-year-old in self-defense. his friends say the man is in hiding after receiving death threats. this as protests spread across the country. phil keating is live in sanford, florida. i guess there's a new witness who's emerged who paints a slightly different picture of this whole thing? >> reporter: yeah, contacted by local media yesterday, this neighbor in that gated community where the shooting death of trayvon martin happened in sanford, florida, exactly one month ago today, he describes, looking out his window as he heard the com eggs, seeing trayvon martin on top of the neighborhood watchdog activist, with trayvon martin punching him. the orlando sentinel just moments ago reporting police say that zimmerman's version of events is that he pursued trayvon martin as documented on the 911 tape but then was going back, walking back to his suv, and according to

zimmerman, trayvon martin then punches him, knocked him to the ground and was then beating him up and that's what led to zimmerman finally shooting that one bullet into trayvon martin's chest. throughout the weekend, all across the country, massive protests and marchs and rallies for trayvon martin and justice, calling for the arrest of george zimmerman. again, the stand your ground law in florida so far has preprevented him from being arrested. that allows for anybody who feels their life is being threatened with a reasonable belief to use justifiable deadly forbes but activists say he will be charged and prosecuted, or at least captured, one way or the other. >> we believe that the justice department has a history of covering up murders of innocent black men, women and children, so again, they must do their job properly, or we're going to step up and apprehend and arrest and detain him myself.

>> look at the four corners of the document, it says dead or alive, with all the rallies that have gone on. i advise him to take it seriously, not that it's just an idle threat. >> reporter: that is an attorney and a friend of george zimmerman who says that zimmerman legitimately feels very concerned for his own safety. he remains in hiding. however, according to the attorney, zimmerman has been extremely cooperative with the sanford investigators. jon. jon: you mentioned that florida stand your ground law has prevented the arrest of zimmerman. what about potential prosecution? >> reporter: the special prosecutor from jacksonville who replaced the state attorney who was handling this case and who decided based on the stand your ground law not to prosecute george zimmerman, shall says the stand your ground law, the way it is written, it's about six years old now, really makes it a little more difficult to prosecute someone if they say they only had to use deadly force to protect their own life, an so if you have only

evidence of that statement and don't have contradictory evidence, under the law itself it makes it very difficult to prosecute. however, there's a huge rally here today, tens of thousands of people are anticipated. there was a candlelight vigil in sanford, as well as around the country, and the governor, rick scott, also talking about his wish for the public to keep a cool head. >> justice has to prevail. first off you want to be fair, you've got to be fair to that family. you feel sorry for trayvon martin's family, but you've also got to have true due process for the accused and this individual still not even accused. >> reporter: we're anticipating an enormous rally at this downtown sanford park later this afternoon, at 4:00. a march is scheduled, basically a who's who of american civil rights leaders will be in attendance, reverend jesse jackson, reverend al

sharpton, as well as an eadvantageelical minister and many other -- evangelical leaders, all calling for the case to be fully disclosed to the public. jon: just a sad story all the way around. phil keating, thank you. jenna: former vice president dick cheney on the mend after a heart transplant but now his age is sparking a new debate. how old is too old for a transplant? we'rewe're going to ask dr. marc siegl about all that coming up. jon: also surprising new information about a man hunt for khalid shaikh mohammed, how this high level terror suspect was captured, along with four other of the 911 conspirators. jenna: more on the big story of the day, the supreme court hearing the first arguments on the president's health care law. the controversial legislation also playing out on the political stage. what the republican candidates up for president are saying, coming up. labored breathing ]

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jenna: right now, former vice president dick cheney is recovering at his virginia hospital after a heart transplant this weekend. a spokesperson for the cheney family tells us he's doing very well, that he's awake, speaking, even stood up yesterday. that's a big mile sphoan if you have a heart transplant. the 71-year-old was on a donor list for nearly two years, longer than the usual wait. dr. marc siegl, member of the fox news medical a team and professor of medicine at nyu langone medical center joins us now. the associated press had a big write up today about age and how age should or should not be a factor when considering a heart transplant. in your professional opinion, for a 71-year-old like daik cheney, is it a fok tore? how do you view it? >> i have a couple of points about this. first of all he waited almost two years so it doesn't look like he got any special favors here. number two, it's hard to say

what age somebody is. if we said age is a factor, who's going to make that decision? his physician have said his liver and kidneys are in good shape which is really important and he wasn't a high risk patient for a transplant. the other issue is and i find this really fascinating, the even trick ular assist device he had is changing the whole ballgame. it's awch is successful device it's enabling people at the end stages of heart failure to be in better shape and be able to have a heart transplant. >> the ventricular assist device, it rolls off your tongue better than it rolls off ours! tell us why you think that device is a game changer. >> it's a mechanical pump and gives you about one third of what your heart would normally pump and one third when you have almost no heart pumping is tremendous. and it continues to improve your blood flow to your brain, your kidneys, liver, just what you need. so the fact that he had that and it was working so well and you can see in the interviews he's done on fox news sunday, you can see he looked better after having had that device.

jenna: how important are the next couple of days for him? >> extremely important. -- important. there's a high risk of infection, bleed -- bleeding, of blood clots. they're going to watch him -- watch him closely, then on down the line he goes under psycho spls sporin, the ability to reject hearts has improved dramatically so even at his age his chances of surviving this first year is greater than # on percent, which is another way to answer the age question. we're in a whole new ballgame with heart transplants and he's going to stay on that drug for life, he's going to end up with a biopsy every six month toss make sure there's no rejection. even if he has some rejection which 60 percent of people have, he's probably going to be able to get through that. so it looks pretty good. at least in the short term, for him. jenna: we wish him nothing but the best. it's quite a miracle to think we can even do this, that we have the technology to do this. we wish him well. dr. siegl, thank you very much for your expertise. >> we certainly wish him well, jenna.

jon: it really is astounding. the big apple getting ready for teebo mania, the most famous quarter back in the league makes his debut. jenna: just waiting for that! just waiting. also stirring up more excitement, the pope as he visits latin america. he's visiting mexico, just left, apparently, heading for cuba now. a live report from haf ana, coming up. [ male announcer ] for making cupcakes

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jon: pope benedict xvi kicks off an historic three-day visit to cuba, it marks the first visit to the communist country in 14 years, the second leg of a tour the pontiff is using to spread faith and address some political issues.

steve harrigan, live from haf ana, cube yavment so what are the goals of the pope's trip this time? >> reporter: jon, as we speak, the pope moving from helicopter to plane from mexico. he's expected to land in a few hours' time, in santiago, cuba. the official goal of this three-day visit to cuba will be to mark the anniversary of cuba's patron saints, our lady of mercy. it's a tiny, 16-inch wooden statue that was discovered off the shores of cuba, 400 years ago. of course, besides that there's going to be a larger push to try and improve relations between church and state here in cuba. it was officially an atheist country here for more than a decade, so a lot of work to go for freedom of worship, freedom of expression here, according to many catholics in cuba, jon. >> jon: i remember the last time the pope went to cuba which i think was the first papal visit there, really, really big deal. what are the expectations this time around? >> reporter: certainly a major deal in 1998, jon. as you said, when john paul visited cuba.

there was a sense, perhaps a hope, that this peep could somehow remove community nition from the island, those expectations not yet and certainly on this second papal visit, expectations a lot lower for exactly what he can do, what he can achieve. he is going to have two major outdoor mass, the outdoor mass in haf ana could draw half a million worshipers, and we got a hint of what he might say in those masses before his trip when he said maxism had no relation to reality and that cuba needs to find a new model, jon. jon: steve harrigan, live from cuba, thank you. jenna: north korea's rattling nerves with plans to test a long range missile, the president putting pressure on them to give up the test. we'll talk more about it. >> the showdown over the president's health care law is underway officially at the supreme court. coming up, a look at how this divisive issue will impact the presidential election. okay, team! after age 40, we can start losing muscle --

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jenna: welcome back, everyone. "happening now", the president is putting north korea and iran on notice today over their nuclear program, warning the two nation toss back off their atomic ambitions. the president also speaking out about our nuclear arsenal, pledging to cut the number of warheads without putting our national security at risk. take a listen: >> we have more nuclear weapons than we need.

even after new start, the united states will still have more than 1500 deployed nuclear weapons, and some 5000 warheads. i firmly believe that we can ensure the security of the united states and our ally ies, maintain a strong deterrent against any threat, and still pursue further reductions in our nuclear arsenal. jenna: wim wa shall is international associate at mit's security program and also author of the book "nuclear showdown, north korea takes on the world". so jim, we have the president talking about disarmament, you have the other nations like north korea and iran talking about arming up. what do you make of this dance? >> well, i think first of all, the president is taking advantage of this opportunity, where you have 53 heads of state meeting together to try to on the sidelines push an agenda of staying united against both iran and north korea. the purpose of the iran is not iran and north korea,

it's really securing nuclear material, not letting it get into the hands of terrorists. that's the main objective. but he's using it to promote an american agenda and to meet with others to try to keep them on the team, vis-a-vis iran and north korea. jenna: what do you think of the president's policy for us to bring down the arms we have? it's obviously part of a policy that's been consistent throughout his administration but what are your thoughts as someone who looks at the nuclear arsenals of many countries around the world? >> yeah, i think we have some room to go to lower numbers here. what he cited in a speech earlier in the day particularly were tactical nuclear weapons. when you and i talk about nuclear reductions we're almost always talking about big strategic weapons, weapons that you shoot half way around the globe that might hit a soviet union or a china. but there's this whole second category of smaller nuclear weapons, so-called battlefield nuclear weapons, that are called tactical nuclear weapons and there are tens of thousands of them. russia has more than we do. they really don't serve any

purpose. so i think the president is right to say hey, let's get to work on this, not simply the big ones but the small ones because the small ones can still kill a city like the big ones. i think that's probably a good idea. jenna: they all sound scary. whatever level it's at, it it's nuclear power it certainly sounds intimidating. let's talk about north korea. why is north korea choosing to go ahead with this test? and you put your head down. why? >> i wish i could answer that question. if i could answer that question i'd be the most valued analyst on the globe now, because as you know, north korea signed an agreement not that long ago in which it promised not to have missile tests and would allow international inspectors in to look at their nuclear facilities, then in return get food aid and they did a 180 and turned around and announced that they were going to have a missile test. my own view, my own guess, i shall say, is that the military pushed back. remember, we talked about this before, jenna. north korean leadership, the new leader, kim jong-un is

young, he's relying on a mentor to guide him here, it's a military first society and perhaps the military was not pleased with that agreement and is pushing back. that's one theory. but frankly, we don't noavment and even president obama and in his speech yesterday indicated in his remarks at the dmv, indicated that we really don't know what's going on and we don't know who's in charge and that's a scary thing. jenna: that is a scary thing to think about, especially when we had this agreement as you mentioned about food aid going to the country to take the foot off the pedal when it comes to nuclear weapons, so now we've taken that away. whether is -- where is our bargaining chip with north korea, do we even have one to tell them to back away from all of this? >> the answer is, in the big picture, there isn't a lot of bargaining room or bargaining chips with north korea in general. china probably has the most leverage, because it has private business investments in north korea. but at the end of the day, the north koreans, they're a poor occurrence they're on the margin, they don't have that much to lose, they've

been isolated for decades, so it really is hard to pressure them. they're not a sort of normal member of the international community, where you could apply screws, they're pulled bark they're isolated, they're on their own. especially in this month of april, we're going to have to watch this closely when they are celebrating the 100th of the first leader, kim ill-s. n, they're going to say the hell with the rest of the world because they have internal needs they're meeting during this period of transition. the outside world isn't going to have a whole lot of influence. jenna: hence the title of your book, it is aptly entitled according to your opinion of the situation. jim, we'll have you back in the next couple of weeks as we continue to look at this. thank you, sir, as always. >> thank you jenna. jenna: we told you, it's a big day in the supreme court. it is hearing the first arguments in a challenge to the president's health care law. the case and the high court 's decision could have

a major impact on the race for the white house. president obama is not the only one with a lot at stake here. the gop candidates specifically rick santorum are making repeal of that law a central issue in their campaign. santorum, especially paints mitt romney as the guy who put the plan together on the controversial law when he was governor of massachusetts. listen: >> this has been the focal point of our campaign, because i think if you look at 75 percent of the american public opposes omabacare andest mandate, and governor romney was the author of the mandate in massachusetts, and advocated for that mandate at federal level. he advocated for what we're now in front of the supreme court are saying it's unconstitutional. governor rom next he's a good man and has a lot of strengths but his singular weakness is the singular biggest issue in this race and it's the singular best opportunity to take it to barack obama. jon: joining us now, gretchen hammel, executive director of public notice, a nonprofit group focusing on

fiscal issues, also a former spokeswoman for the house republican conference, also with us, crist han, former aide to democratic senator charles sheumser and fox news contributor. gretchen, i wonder if santorum's agent misses the mark in this way. he says, you know, romney -- governor romney set up essentially a smaller version of omabacare and we republicans are arguing that omabacare is unconstitutional but the argument against its constitutionality is that the federal government can't compel states to do something. if he set it up in one state only, does that argument miss the mark? >> yeah, it does miss the mark. but the fact is we had to spend so much time just explaining that just now, and the american people really, it won't resonate with them. what does resonate with them is the fact that the government is becoming more and more in their daily lives and the american public has already rejected this, so despite what the supreme court rules or says about this, the american

public has made up their mind. jon: chris, the public, if you look at the polls, the public is not too thrilled with omabacare. >> well, you know, they're not thrilled with the overall package but when you break it down into its individual components, they overwhelmingly support all of them. they just don't understand the issue yet, and they will as it becomes more and more part of their lives in the coming years. i don't believe the supreme court is going to strike it down and whether it does or doesn't, it's too late for rick santorum. rick santorum's political career is over, in 2006. he's bruce willis in the sixth sense. his career has been dead for a long time, he just doesn't know it and when this decision is made in june, whether it goes for omabacare or against it, it's not going to affect him either way. it is helpful for mitt romney because it might take the issue after off the table if it's done and if it is actually settled in favor -- in favor of the law, the american people trust the supreme court more than it does some of the other branches of government and if they see the supreme court says it's constitutional, the american people will agree that it

is. jon: gretchen, what about that. if the supreme court were to find this constitutional, does that help president obama? his reelection efforts? >> no. let's back up. it does not help president obama at all, but the fact that the supreme court is even talking about this today. that is why president obama has been silent on this. that's why in his 17 minute documentary t. was barely even mentioned. this is a counter piece of whole time in office, and he doesn't even talk about it. that shows that it is a political loser for him, and not something that he wants to talk about going into his reelection, because it cost house democrats their leadership role back in 2010. jon: chris, what about that? the president calls this the signature achievement of his term in office to this point. why isn't he talking about it more? >> you know, i think he is talking about it more. i think it will be part of the campaign. >> is that why he's in south korea? >> if mitt romney is the

republican nominee for president in the fall, how is he going to say he's going to repeal the bill that basically he is responsible for creating? >> no, no, no, no. >> he is the grandfather, the godfather, the author of it, him and the heritage foundation and people like you, gretchen, and republican think tanks, came up with this bill, now all of the sudden it's socialism. by the way this does not turn health care over to the government, it requires the private sector to set a certain standard and requires americans to acknowledge the fact that they are mortal and they will need health care in their lifetime and to pay for it so that their neighbors don't have to pay for it for them. jon: gretchen, let me ask you the reverse of the political question i asked earlier, if this thing gets smacked down in whole or in part by the supreme court, does that give the republicans the opportunity to face see, we told you so? >> absolutely it does. republicans will have this huge rallying cry going into november to talk about this, but we are still debating to this day laws that have been

passed or things that have been upheld by the supreme court over the course of the past decades and centuries. this will not go away. the american public do not approve of this and despite the pr that chris is giving all the organizations on the right, this was not crafted by them. this was crafted by president obama. >> it was -- >> it was crafted by the heritage foundation. >> no, it -- and mitt romney. >> you know what? you can't say that is a blanket label for everyone on the right, the heritage foundation. no. no -- >> romneycare and omabacare, it's a -- >> jon: it is -- >> i'm going to give you a lot of credit if you read that bill. not even speaker pelosi read the bill. jon: we're pointing out that the massachusetts legislature made changes to the law that governor romney -- then governor romney passed. >> he signed it. jon: we're going to have to -- >> he signed it in faneuil hall with ted kennedy standing behind him and it was a major achievement.

jon: we got to leave it there, we got to say goodbye, great talking to you both, you're both fired up this monday morning, chris, gretchen, thank you both. jenna: a healthy debate. we're also doing that online. you can weigh in on the health care debate, do you think the high court should strike down the law? what do you think of the last conversation jon just had? also comment on that. log on, foxnews.com foxnews.com/happening now to vote, and leave a comment and see how others are voting as well. check it out during the break. we also have this stop story, a top terror suspect cared to a ghost. elusive but not unattainable. a new book reveals how the self-proclaimed 9/11 mastermind was finally captured, the chilling inside story of an international man hunt, straight ahead.

stw jon: new next hour, employers beware, a brand new warning from facebook. how the social networking site is threatening to take action to protect user

privacy. thousands of people still in the dark in california, after a powerful storm ripped through part of that state. meteorologist janice dean has more on that. and former new jersey governor jon corzine on the hot seat facing new evidence about what he knew involving the disappearance of more than a billion dollars in customer money from his investment firm. all that and much more, coming up. jenna: we have late breaking information on the accused 9/11 terror suspects. our chief intelligence correspondent catherine herridge tells us we could see five key suspects now held at guantanamo bay, formally charged by the middle of may. it's been a long road to this point, hasn't it? as we wait for justice for the nearly 3000 people killed on 9/11 we're learning more about the self-proclaimed mastermind of the attack, khalid sheikh mohammed. you're seeing him on the screen, is the most high valued terror suspect in custody. brand new details about the worldwide manhunt that led to his capture, coming out in a blockbuster of a book.

josh meyer was nominated for a pulitzer prize for his reporting on al-qaeda for the los angeles times, co-author of "the hunt for ksm, inside the pursuit and takedown of the real 9/11 mastermind, khalid shaikh mohammed". matthew brashear is also with us from the fbi's joint terrorism task force, he helped track down ksm. we're glad to have you both here. josh, as you saw in our intr or heard us, we referred to klm as the self-proclaimed mastermind. you call him the real 9/11 mastermind? why? >> right. the pur lick perception and misperception is that usama bin laden was the mastermind behind 9/11 and the basic outline of ksm's rovment is known but the public doesn't know 99 percent of the story about how ksm conceived of the plot, brought it to al-qaeda and bin laden,

orchestrated it and saw it through from conception to fruition and the startling details of what happened in between and how the people chasing him looked for him for ten years, then ultimately caught him. jon: josh, why is that? why is it that we still don't know why this guy did this? i mean, what's going on? >> you should ask the u.s. government that. that's a very good question. you know, my colleague and i, terry mcdermott, spent about ten years researching this book, and it is amazing how much detail has not come out. a lot of that's because the trial hasn't started yet, a lot of it is because ksm was in cia custody in a series of black prison sites for a long time and a lot of the truth will hopefully come out in the trial but a lot may not because the may the military commissions are set up it may be a straight up and down prosecution without a lot of the details coming out. jenna: let me ask matthew about the logistics of this, because you were actually able to be on a team that was tracking some of these

bad guys, post the first bombing of the word trade center in the early 1990s. why was it so difficult to track them down and what obstockel -- obstockels did you experience along the way? >> thank you for having me on the set today. it was very difficult at first. the network, to try to get people on board, to understand the new threat of radical fundamentalism. it was very difficult to get people to get on board. jenna: why? >> we hit road blocks along the way from our organization, as well as the government. and you know, we tried to get approval to do a number of different operations, and we tried to get foreign nations to give us assistance, but we didn't want to ruffle any feathers, so it was very difficult in the early days. jenna: are you saying it was difficult because of the road blocks that our government put in front of our own people to try to get these guys? >> well, it was -- in the

early days, you know, people didn't -- on some levels, people didn't play well together. different government agencies. i mean, i had very little problems when i was in the field, when i was overseas. i dealt very easily with other government agencies, and i was able to accomplish a lot in what we needed to do. my partner and i had developed a system of operation which gave us an ease of contact with other people. we built friendships, we built links. jon:jon -- jenna: is it any better now? >> i believe it has gotten better butas know, i retired in 2000, just prior to 9/11. i believe it is better now. i believe government agencies understand the importance of what jobs we do out there in the field. jenna: we hope so, josh. i mean, the whole goal of talking more about this and learning more about this is that we prevent something like this from happening again. and you said, you know, some

of my questions might be more appropriate for the government and i'm curious, if i had the government here, what's the first question i should ask them about? >> i would ask them whether some of the problems and obstacles that were thrown in the way of the guys chasing ksm, men and women chasing ksm, from '93 to 2001 and through to 2003, whether some of those road blocks have been cleared away. and i think the answer would be that there are still a lot of problems between the way the fbi and cia work, particularly overseas. matt could tell you more about that, at least from the way it was before 9/11. but there's just a lot of problems with other foreign government, too, with the pakistani government, for instance, and other governments in the middle east, in terms of not letting our men and women who are doing counterterrorism over there do their jobs. jenna: pakistan keeps on coming up again and again as we're having this conversation. we look forward to having you both back to talk more about it, again, the book "the hunt for ksm", we'll be looking for that one. thank you very much. >> thank you jenna.

jon: now this fox news alert. day one of three days of oral arguments is finished for the supreme court on health care. the big fireworks, not expected to come until tomorrow. today's argument involved this, president obama and the law passed by congress has everyone in the u.s. buying health care -- virtually everyone buying health care or else paying a penalty. no one has paid such a penalty yet because that portion of the law has not taken effect. so the question is, can the supreme court hear a case that so far has nobody paying penalty. that's what they were arguing about today. court watchers say it is sort of the least interesting of the arguments. the big fireworks are to come tomorrow. and then this. he is arguably the most famous backup quarter back in the nfl. tim tebow is initially now a new york jet. the team, about to formally introduce him just moments from now. we are live with that

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jon right now, tebowmain yarks officially kicking off in new york! we are waiting for a news conference from the new york jets. it's going start any minute now. the team officially will introduce its newest member. and star backup quarter back tim tebow fresh off his trade from the denver broncos. dave briggs is live at training center in new jersey. what are we expecting today, dave? >> jon, you are a denver guy so you know a bit of what to expect when it comes to tebow mania. it's a circus. outside, 13 satellite trucks. inside, it's a scene like the jets and their media have never seen before. it's the first press conference they've ever held in their field house. you can see behind me, the

100-yard nfl-sized football field, ceilings over 100 feet high, in froant of a massive media gathering. but it's also notable for what will not be here. they will not do the typical jersey photo opportunity, and who's not here, the head coach, rex ryan is not here, the gm, mike tennenbaum is not here and the owner, mike johnson is not here. they're at the owner's meeting in florida but they have weighed in, they say they don't see him as just a football player, he can do things besides being our backup quarter back. they expect him to play around 20 snaps a game, which is hard to envision how what's going to work with the starting quarter back, mark sanchez, who signed for five years, but clearly he's going to be on the football field when this team starts in november. good news for you, jon, you don't have to wait for a taste of tebow mania, get to the carnegie deli where they have the jetbo sandwich,

3 1/2 pounds of pastrami, corned beef, turkey, swiss, american, all an white bread, for $22, jon. jon: and you have to take a kneel when you order the thing, right? all right. you can't -- >> all right! jon: there we go. good man, dave briggs, playing along. dave, thank you very much. >> see you guys. jenna: controversy over a seven-year-old girl's battle with weight, why her mother's story is creating a firestorm. there they are. we're going to tell you why. we'll go in depth with this story. wait until you hear what the mother had to say about her daughter. >> and on the campaign trail, rick santorum gives a new "new york times" reporter an earful when pressed about comments he made with mitt romney. is the media giving santorum a fair shake or is santorum wrong here? >> 360 investing dashboard.

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jenna: the supreme court wrapping up the first day of oral arguments in the landmark healthcare case. we are glad you are with us, everybody. i'm jenna lee. greg. jon: i'm jon scott. the highest court hearing a constitutional challenge to president obama's massive healthcare overhaul. at the heart of this case whether the government has the right to force americans to buy health insurance or pay a fine if they don't. 26 states opposing the white house over the so-called individual mandate. they say congress over reached its power to regulate interstate commerce in this case. shannon bream live outside the supreme court has the very latest for us. shannon what happened inside that courtroom? >> reporter: jon, what happened today is the decision whether they will even get to the top key parts of this case about that mandate, if it's constitutional or not. day one is about whether or not the case is ripe. the 26 states challenging the healthcare law and the government in defending it both

agree this case needs to move forward but there is an old 1867 tax law that says you can't challenge a tax in court until you've already paid it. the argument is the mandate and penalty if you pay if you don't comply with the mandate to get insurance is that a tax? at points they've argued that it is. the justices noted the dichotomy, but it seems like most of them on the court will be willing to move forward with the case, jon. jon: they could punt this thing if they want based on today's argument. are they expected to do that? >> reporter: that is absolutely possible, improbable but possible. both sides agree on moving the case forward. what the court did was actually appoint an outside counselor, an outside attorney to come in and argue for them about why this case is not ready to move forward. they gave him 30 minutes adding up so that we ended up with 90 minutes of arguments today. it is a very real possibility that the justices are looking that at a possibility. i don't think they would have wasted 90 minutes in the first

dave arguments if it wasn't somewhere in their consideration that it is a legitimate issue. if that happens this case would not come back here until the mandate kicks in and someone challenges it, probably not until 2015 regardless of what the justices may have felt about the case today, they will hear all the arguments for the rest of the week, about the mandates and from the other states. jon: a fascinating case. thank you for watching it for us. jenna: a new warning from federal reserve chairman ben bernanke on the nation's unemployment situation, take a listen. >> we cannot yet be sure that the recent pace of improvement in the labor market will be sustain. what will lead to more hiring and consequently further declines in economic, the short answer is more rapid economic growth. jenna: since last summer the unemployment rate has dipped about 1%. it has improved. it stands at 8.3%. to hear the chairman tell it the

economy has to grow to keep that number going down. the question is will we be able to continue that. charles payne is a fox business network anchor. he's joining us now. charles, ben bernanke has to be careful about what he has to say. what do you make of the comments, is it a vote of confidence? >> reporter: you're right when you talk about ben bernanke being careful that's the key. he's walking a fine line. they want to take credit for all the things they've done, how creative they've been. by the same token i think he realizes that what we are seeing is not necessarily a mirage, but the dramatic decline in unemployment rate, things like that don't necessarily correlate with the overall economy. ben bernanke, again it feels like he's coming out every couple of weeks and reassuring the markets, hey, i've got your back, i'm going to keep rates extraordinarily low for an extraordinarily long period of time until i can spark what is known as the wealth effect, the virtual cycle, people go home and look at their 401ks and they are doing so much better than a

couple of years ago the next stop is to the mall, that is his goal. jenna: that could be on our agenda any ways. charles, i was looking at the doi today, you see the markets are up. the chairman is giving this cautionary note about the economy and you talk about the things the central bank could do to help things along, to help investors continue to feel confident along with the rest of us. what is the long-term picture here for all of us? >> reporter: it's so amazing, because ben bernanke talked about the mismatch. there are a lot of people who actually feel we've got a crisis in this country with respect to people having the right skills for good jobs. he sort of dismissed that today. i don't agree with him on that. there is also a mismatch between the stock market and main street. the market is up today because ben bernanke has their back. he'll make available a whole lot of money that eventually has to find a home in the stock market. there is no other asset class that can compete witness. the flip side of that unfortunately means that oil priestess will probably go up. the dollar is going to go down and the gasoline prices will continue to go through the roof as well. jenna: that is an important

thing to keep an eye on. thank you very much, charles, always nice to have you. >> reporter: meet you at the mall. jenna: that's right. jon: thousand ofs people are without power right now after a powerful storm moves through southern california causing accidents, downed trees and flooded roads. the system leaving a blanket of snow on the mountains. snowbirds are thrilled but officers are warning drivers to use caution. >> people lost control, road wades are really wet. tires, tires have no thread on the rear, that is possibly a contributing factor to the collision. we need people to slow down, the roadway is wet, reneed them to slow down, it's extremely dangerous out here. >> i love it. i've been waiting for this kind of weather all year for ski season and it's barely happening now so, welcome rain. jon: meteorologist janice dean is live in the fox weather center. yeah, janice that trooper had a good point, you have to have thread on the tires if you're going to drive in the snow. >> reporter: i love it when we

have an optimistic sound byte when it comes to wet and snowy weather, that is great news. the west, we have seen storm, after storm after storm, it's really been winter across the west. for the rest of the country we've seen spring, almost summer-like temperatures. today and tomorrow we see rain and mountain snow as far as snort as seattle all the way down to los angeles. there is the last 12 hours. you can see that system moving in and bringing the roads very slippery and snow to the higher elevations. that is continue to continue. i'll show you over the next several hours, over the next several dates another storm system, and yet another moving into the west coast, and we could see three to four inches of heavy rain across this area, and snow over a foot across most of the higher elevations of the mountains, across the northwest down towards portion of northern california and interior sections. current temperatures right now, very cold. we are starting to see the old air move into the great lakes,

jon, a lot of people are saying, where is my summertime, right? it's coming to an end across the northeast and the great lakes. jon: you teased us with this warm weather and now it's going to get cold. >> reporter: we were supposed to have a picnic and everything. jon: that will happen, i promise. jenna: new evidence that could, maybe spell trouble for former new jersey governor john corzine. congressional investigators are trying to figure out what happened to more than a billion dollars of client money, money lost by mf global while corzine ran the investment firm. he says i doesn't know where it went. now a former employee says corzine gave her direct orders to transfer hundreds of people of dollars. where that money came from and went is the key. our very own charlie gaspirino has been doing independent follow-up on this. are we any closer to what happened to the money. >> the culpability is the huge

question. his culpability in order be client funds to be used woeb the big problem. it would lead to perjury. he said during his congressional testimony a couple of months ago that he had no idea about customer money being used to fund the court of over drafts and the problems that the company was having during its last final days back in october, november of last year. and this email, i'm afraid to say, seems like it was taken out of context. remember the house financial services committee holding a hearing on wed. the wednesday, they released a memorandum bow last week that seemed to indicate that one of the top people at mf global said she was given the okay by john corzine to use funds from segregated accounts. not all those funds are necessarily customer funds. if it's not customer funds its not really a problem for corzine, i'm afraid. jenna: everyone is looking for that one person that is responsible, for a huge firm failing, and people, your average americans, there are a lot of farmers invested in his

fund. we all want to see the good guys get awarded and the bad guys get punished. you said we might be closer to finding the money. does that mean the people that lost it are going to get anything back? >> i don't think they are for a lot of reasons, that the money that mf global used, i'm not saying it was right to use that money, but when you pay it out to people that really are owed that money you can't call it back. the court rulings are very difficult. you really just can't call it back. they are probably not get their money back. then it becomes who ordered the funds being used and is that problematic, illegal. as we first roertd on the fox business network they are having a very difficult time coming up with a criminal case here. based on this last email, it was -- i don't think -- i don't think so. jenna: it's not enough. >> they should release the entire thing. jenna: maybe they will. thank you very much. we have breaking news out of new jersey that we have to run. jon: for my money one of the

clas classiest acts in the nfl. tim tebow, let's listen in. >> he listened to mow and talked to me. i would love to be a jet, i love the coaches. if i had the opportunity to be with the coach and get to know coach ryan telephone times, that was excited for me. i also told them i would love to be a jaguar, that was my hometown. i'm excited to be a jet and to be here. >> tim, how you doing? >> good, how are you. >> everyone talks about how much of a competitor you are, and the jets say they are bringing you in to back up marc sanchez. as a competitor do you want to be a starter? do you hope to be a starter. >> everybody who puts on a uniform, you want to go out there and you want to play. that's why i'm excited to be a jet to go out there and help this team any way i can. whatever my role is, however i

can expand that role i'm going to try to that. every day in practice i'm going to go out there and compete and try to get better as a quarterback. jon: those of us who are bronco fans are sorry to see this day. tim tebow wearing jet green, i guess you'd call it. jenna: looks good. jon: i like him in orange and blue. tim tebow moving to the new york jets. tebow is surplus, he's going to the jets. jenna: he's the tebow we all know and love, just wants to play, just wants to compete, coach put me in. jon: great guy. jenna: more as that online. if you'd like to see the rest of tebow's comments. jon: thank you for mentioning. jenna: you can do both while watching us. the showdown at the supreme court over the president's controversial healthcare law. what impact will this have on the presidential race for real? we'll take a look at that. plus, vogue on the hot seat right now, after the fashion

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jon: back to our top story the supreme court wrapping up day one to a challenge to president obama's healthcare law moments ago. at issue whether the government has a right to require you as an american to buy health insurance. the high court is expected to hand down a ruling in late june on a controversy that is already a key issue in the presidential campaign. so what can we expect? with us now constitutional law attorney and former white house counsel under presidents reagan and george h.w. bush, david ripkin. he represented the 26 states challenge the law in the lower courts. you're at the supreme court because that argument didn't go so well for you, right if what are you expecting these justices to say?

>> we are before the supreme court because the argument below went very well for us. we won both at the district court and the 11th circuit. jon: but the government is arguing that the individual mandate is constitutional. to that you say what? >> we say that this is an unprecedented use of the government's power, that it's inconsistent with the key feature of our constitutional architecture, that the federal government is supposed to exercise limited and enumerated powers that regulate things and activities and not individuals direct leave. only states can do that. and in the 200-plus years of case law support us. i am extremely optimistic that we will prevail and the government will loose. jon: when democrats for instance say they patterned this law after what mitt romney did in massachusetts and that he is the godfather, or the grandfather of obamacare, and they have said

that, what do you say? what is your answer to that? >> there are two answers. as a matter of policy what massachusetts did is very different than what obamacare is. the constitutional matter reveals their utter ignorance about our constitutional argue tebgt you're. states in our constitutional system are allowed to exercise constitutional police power, they are able to regulate people simply because they exist. some steuts require to purchase hurricane insurance. massachusetts required people to purchase medical insurance. virtual you'll lee all states require car insurance for driving. the federal government does not have this power. the fact they don't appreciate the difference between the power that is vested in the states and the federal government jus just reveals to me constitutional ignorance. they did this to protect liberty. they did not want the federal government to amass in its hands

all the power in the land. jon: there are observers who say even some of the most conservative justices on the court have been receptive to arguments involving the commerce clause and allowing the commerce clause to give the federal government very broad hower. >> that is absolutely true. what they are missing, though, is that all of our justices on the court, in the entire court of jurisprudence has consistently emphasized that it's tphoupbt limited. the problem with the individual mandate is it cannot be ensue ported by the broadest application of the commerce kaufplts it can only be supported by general police power which i mentioned only the states have. commerce clause allows you to regulate things, activities, instrument alternates, tangible objects, and you reach people only insofar as and to the extent that they are involved with those things. general police power allows you to reach people directly, this mandate regulates people directly because they exist,

from cradle to grave. that is not the commerce clause. jon: if the individual mandate is struck down by this high court, do you think the entire affordable care act goes away? >> we are hopeful that the entire statute would go down. the individual mandate, as the government itself has acknowledged repeatedly is at the heart of the statute. it is particularly tightly connected with so-called reforms of insurance industry. it's connected very intimately with the restructuring of medicaid. that is another problem we have. we believe it's a st-t out that has to come down if individual mandate comes down. jon: david riv i-k in a constitutional law attorney, it's good to have you on. jenna: rick santorum is taking on the media. we'll show you a heated exchange between santorum and a new york times reporter about comments he made about mitt romney. is the media treating rick

santorum fairly? we'll look closer at that. an article in vogue magazine raising a lot of eyebrows. a mother writing about putting her seven-year-old daughter on a strict, strict diet. denying her even salad at a certain point, jon. is this any way to fight childhood obesity? we'll take a lock at both sides oa look at both sides of the argument, next. okay, team! after age 40, we can start losing muscle --

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operations underway in chile after a magnitude 7.2 earthquake rocked the south of that country, in the same region hit by a massive quake back in 2010. so far no reports of deaths or major damage. on the real estate front the

number of americans signing contracts to buy homes taking a dip last month, down slightly from a nearly two-year high. according to the national association of realtors. and in london a 29-year-old woman now in custody accused of breaking into simon cowell's home. prosecutors say cowell was in his bedroom watching tv at the time. no injuries reported. jenna: i wonder if he was watching "american idol." jon: i bette h bet he yelled at her. jenna: this is the april issue of vogue magazine, it's called the shape issue. you see jennifer lopez on the front there. there is an article by a woman who put her seven-year-old daughter on a very, very strict diet after a doctor said her daughter was obese. but the way the author writes about her daughter, and how she managed her food intake is what has everybody talking about this. here is just an example. she says this about a meal for

her daughter, and after school snack saying, quote, i forced her to choose a low-fat vegetable soup or a single hard boiled egg. this is right after she admitted to sometimes purchasing a piece of pizza for her as well. kristen powers is a daily beast columnist. and we have a professor with lsu health shreveport. it is an article this a lot of us can relate to. i wonder if there is real outrage to be had here or whether or not this strikes a chord because it's such an honest portrayal of a mother's battle with her own weight and the weight of her daughter? >> well, i think if you read the article it's more of an article really about the mother's battle, and i think she sort of has put it on her daughter, and that's what makes it really sad. if you look at the picture that is -- there's two pictures included in the article of the little girl, and we're told that she has lost 1 16 pounds.

if you add 16 pounds to this girl she is in no way obese. i think we have to remember that she is a child, after all. and just for full disclosure i am kind of a health fanatic, when i watch my nieces eat macaroni and cheese from are the box i go -- i think she is making her feel that the most important thing is how she looks. that is such a bad message that we've all go gotten at some point in our lives. jenna: the mother admits she let's her daughter eat a corner of a coffee cake because she simply wants one as well. she is brutally honest about it. you're a mother, what is your

take on this? >> childhood obesity definitely is a problem, i mean almost a third of kids are obese. this is going to be the first generation of kids that might not live as long as their parents. so it's an issue. but i clearly think she had an issue herself. kids can see that and feel that. if she has an eating issue that is probably what created the problem in a seven-year-old. but i think if you make it fun, you lead by example, you substitute when they don't know. there is white whole wheat bread. my son hates that but i put white whole wheat bread out there and he doesn't tell the difference. i walk a fine line. i'm loathe to criticize a mom until you've walked in her shoes, but it's a tough issue today and parents have to make some choices. jenna: it's an issue that is talked a lot about. every couple of months something like this comes up. this is in vogue magazine, you have the photograph of the

little girl who slipped down for the photo shoot with her mom. i wonder if it's more about the magazine and the packaging of this article rather than what the article is really saying. >> no i think it's what the article is really saying. i think it is troubling -- there is a very clear message. at the very end of the article she says that the little girl was still upset because she says, i'm not a different person just because i lost 16 pounds. i protest that indeed she is different, she is a different person because she lost 16 pounds. this is a very bad message for a child, for a woman, that you are now a different person because you're 16 pounds less. jenna: to continue on this moment, that fat girl is a thing of the past. this little girl will be reading this article for years to come. >> obviously the mother has issues with her own weight and own problem and you do project that. it's important to let kids know, this is a health problem, a health issue, and we are doing this more for health, you know, so -- and to build up their

self-esteem. you can do that. but i can sympathize a little bit with the mom too. she has her own issues. and where was the pediatrician in all of this? i mean it's a doctor's responsibility too to say, look we need to talk about health issues, and those tables of charts that they put your kids on, i mean they can be brutal in today's society about what is considered overweight. but kids change too. so what you look like at seven doesn't mean you're going to look like that at ten. jenna: i'll have to pull out a picture of me at seven. i imagine thr-s lee been some change, i hope so for goodness sakes. thank you. i encourage our viewers to take a look at this article and tell us what they think about it. thank you very much. jon: president obama is in south korea meeting with other leaders to try too reign in the nuclear threat. all this comes as north korea

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jon: new developments in the case of a u.s. soldier charged in that deadly shooting rampage in afghanistan. the wife of army staff sergeant robert bales speaking out for the first time about her husband's case. national security correspondent jennifer griffin is live at the pentagon. i guess sergeant bales' wife says she didn't see this coming. >> reporter: not only did she not see it coming, she told the today show this morning that she had not asked her husband in the times that she has spoken to him by phone whether he, in fact, did this. she said she wouldn't do so because she believed the government was listening on the phone lines, so she did not ask him. here's what here should matt lauer. >> i have no idea what happened, but he would not -- he loves children, and he would not do that. >> reporter: now, what we have since learned in the last few days is that staff sergeant

bales is not only accused of killing those 17 afghans, most of them children sleeping at the time, but that he returned to the base in between. there were two villages that were struck. he returned to the base and then e went back out and killed again that is why the military is charging him with premeditated murder. jon: and what about general allen, the top general in afghanistan? i know there's been another what you might call a revenge slaying by afghan nationals on coalition forces, what's general allen saying about that? >> >> reporter: that brings to the number of people killed to 15 out of 62 incidents this year. that's 25% of those who have been killed in afghanistan, those soldiers killed in afghanistan have been killed by the afghans they were there training. general allen was also asked about the blood money that was paid to the family members of the victims of staff sergeant

robert bales. reports are that each victim, the families of each victim received $50,000 per victim. here's general allen. >> it is a natural and a cultural norm that we would pursue. we've done that in the past, and in this case it was appropriate, we believed, given the circumstances of this particular tragedy. >> reporter: one man had 11 family members killed, that means he was given an estimated $500,000, a princely sum in afghanistan f the reports of the amount are correct. and nobody has pushed back on those amounts. there is great concern that that money may somehow fall into enemy hands and fuel ther urgency, jon. jon: jennifer griffin live at the pentagon, thank you. jenna: south korea warning the north it will shoot down a market set to launch next month if it enters the country's air space. as the president and the chinese president announced they will coordinate their response if

north korea goes ahead with the planned launch of a long-range missile. they say it's a satellite but, obviously, there's some disagreement on that. the two leaders meeting in seoul today at the nuclear security summit. our next guest says using china as a partner in this way has failed before. gordon chang is the author of "the coming collapse of china." what do you mean by that, we can't trust china? >> china has been north korea's enabler. china provides 90% of north korea's oil, 450% of the -- 45% of the food, much of it for free. north korea could neither bark, nor bite if it weren't for beijing. jenna: so what's the right thing to do here? >> i think we need to see china as part of the problem and not part of the solution. up until now we have placed a much higher priority on integrating the chinese into the international system rather than stopping the north korean program. and we've been doing this since about 2003, since the beginning of the six-party talks.

and this has led to one failure for american policy after another. this has really been a problem, so we just need to change our approach. jenna: okay, so how do you do that with china, how do you not keep repeating it? >> i think the 2005 sanctions that the bush administration put on north korea really worked because diplomats had to carry cash around the world because we cut them off from the global financial system. we should not only apply those to north korea, but we should apply those to chinese banks that deal with north korea because the chinese banks are involved in all these transactions of missiles and nuclear technology from north korea to iran and to syria. jenna: it sounds very familiar. what you're saying about iran, you just mentioned iran and syria, but we know chinese banks are doing business inside of iran. so china's up to some mischief here with iran and north korea. what are they trying to achieve here? >> well, china has a number of foreign policy objectives with

regard to north korea, and one of them is that by north korea creating all these problems we go to beijing and say, please, please, please, use your influence. and beijing extracts concessions from us, and it really sort of diverts our attention away from dealing with north korea. um, we really have to change our posture, and this is the same with regard to iran. we

. >> we buy into this narrative that the chinese control us. we hold the high cards in this relationship. jenna: very interesting, gordon. always nice to talk to you, look forward to our next conversation. >> thank you. jon: republican presidential candidate rick santorum gets a little testy on the campaign trail going toe to toe with a new york times reporter over comments he made about competitor mitt romney. did santorum go overboard, or is he getting a raw deal from the media? our news watch panel weighs in

next. >> mitt romney is the worst republican in the country. is that true? >> what speech did you listen to? >> right here. you said he is the -- >> stop lying. i said he was the worst republican to run on the issue of obamacare, and that's what i was talking about. are you receiving a payout from a legal settlement

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>> you said that mitt romney is the worst republican in the country. is that true? >> what speech did you listen to? >> right here. you said he is -- >> stop lying. every speech i give i say he is uniquely disqualified to run against barack obama on the issue of health care. would you guys quit distorting what i'm saying? >> do you think he's the worse republican -- >> to run against barack obama on health care. identify been saying it -- i've been saying it at every speech.

if i see it, it's [bleep]. come on, man, what are you doing? jon: presidential candidate rick santorum there in a tense exchange with a new york times reporter over comments santorum made about his rival, mitt romney. santorum also suggesting the media is not being fair to him. is he right? let's talk about it with rich lowry, the editor of the national review and a fox news contributor, alan colmes the host of the alan colmes show. before i let you guys go at it, and i know you want to go at it -- [laughter] >> what are you talking about, jon? jon: let's play the skip of the speech in which santorum made the remark that the reporter from the times was trying to get him to amplify on. let's play it now. >> pick any other republican in the country. he is the worst republican in the country to put up against barack obama. jon: well, i thought we had more of that where he did mention

health care, but at any rate, so what about it, alan? did "the new york times" reporter, was he right to go after santorum on that question? >> well, i mean, yeah. you go a few sentences back, i mean, there's health care in there somewhere back there, but you certainly can understand that a clarification might be necessary, and i think, you know, candidates get really tired. i think mr. santorum could have made his point without using, you know, that language. i understand that it's frustrating to deal with the evil liberal media but, again, he seems very proud of it. look by the smile on his face in the clip you played earlier that he was relishing having a fight with "the new york times", and he kind of gave -- seconded that this morning on "fox & friends," didn't he? when he said you not a real republican if you fight with "the new york times." so i think he wanted this, it makes hick look like a -- him look like a real hero. jon: is that what's going on

here, rich? >> i hate to say it, i don't know this was deliberate or calculated, i think it was a genuine show of temper. now, i haven't seen the entire speech that the initial statement was taken from, but my understanding was the broad context was health care, so maybe jess was being obtuse, maybe it was an unnecessary question. i don't think anything justifies that kind of reaction, and i don't know jest, but he's on our air sometimes and seems a perfectly reasonable, mild-mannered guy, so to get this sort of nuclear show of rick santorum was totally unnecessary, and i think the senator is trying to make the best of it he can now. if he could have that moment back, i think he'd play it a little calmer, cooler and more collected. jon: well, he was calmer, cooler and more collected this morning when he was on "fox & friends" talking about the incident. let's play that now. >> i just said, okay, i've had enough of this -- you know what. and so i just, you know, that's what i did and, you know, look,

we're out there, we're out there slugging away. we're the candidates out there that's fixing up, and we're mixing it up. >> let me just say something. if mitt romney had a moment like that and can showed he was human, it might help him. jon: he did, you know, he said i guess you could say that he wants to walk back the word for excrement of a farm animal that he used, rich, but, you know, there are a lot of conservatives out there especially who like disliking the new york times. is this going to curt him? >> no, i don't think it will hurt him among the people who are out there voting for him. and, look, if he wants to make a case that the press has been biased and unfair towards him, i think that's a slam dunk case. it's definitely true. there's an incident out in iowa where it was reported all over the place that santorum had made a racial comment. if you listen carefully to the tape, he didn't at all. jon: well -- >> the generalized sense, it was a couple weeks ago, you know, the idea that he's questioning

the president's religion when he wasn't, and the generalized sense that he wants to ban contraception when he doesn't. so most mainstream reporters, they agree with alan much more on the social issues than they do with me, and it shows through in their coverage of rick santorum, someone who they really wish would go away. >> but in this particular case, i don't think the reporter was reasonable. i think rick santorum had a very frustrated moment and, you know, i think temperament's very important, isn't it, in somebody who might be the leader of the free world, and you want to see somebody o who's even-tempered even against the withering press. jon: all right, alan, we're going to have to leave it there. thanks very much. jenna: gas prices are, well, they've been going up over the last several weeks as the president blocks construction of a new oil pipeline from canada over environmental concerns. this has been, obviously, a story we've been taking a look at over, again, the last few months. could the compromise be transporting fuel by train?

is that something we should take a look at when it comes to more availability of oil in this country? we're going to take a closer look at that coming up.

jenna: "happening now" with the northern section of the keystone pipeline on hold, canadian companies are relying on the rails to get their oil to market. as you could say, rail systems are a simple way to bypass government regulations. critics say, though, that this low-grade oil hurts the environment no matter how you transport it. dan springer is live in seattle with more on all of this. hi, dan. >> reporter: yeah, hi, jenna. it is so early 20th century. rail, of course, was the way to move oil around the country 100 years ark but it's making a big comeback thanks to more oil production on both sides of our northern border, high gas prices and a bottleneck in the pipeline

system caused by political fighting. bnsf has boosted its rail transport business by 600% the last decade all of that due to the northern boxen shale in north dakota. and now with the keystone pipeline getting shot down, canadian rail companies are ramping up as well. rail costs the producers more, but it's worth it because the pipeline shortage is forcing them to give refiners deep discounts because of delay. >> you're taking advantage of existing rail mainline infrastructure that's already there, and you have flexibility to get the different markets wherever there is a receiving terminal. >> reporter: now, rail cannot replace the capacity of the keystone pipeline, but environmentalists are still angry. a state department report done during the keystone debate showed rail to be even more potentially hazardous for the environment than transport by pipeline. >> putting a really dirty

product into trains doesn't clean it up at all. in fact, it can make it worse. us disperses the danger throughout all of our communities that these trains are going through all over the u.s. >> reporter: so what is the real danger? well, last year 7300 rail cars carried hazardous material in the u.s. with only a small fraction being oil, but 66 of those cars had released, most of them, a very small amount. jenna: thank you so much, dan springer in seattle. jon: as we mentioned, the supreme court has already wrapped up day one of arguments in that landmark case. protesters on both sides making their feelings known outside the court. did any of the justices signal which way they are leaning on the president's health care law? a breakdown on that coming up. >> care for every family, careor for you, care for me. and i had a heart attack right out of the clear blue... i'm on an aspirin regimen... and i take bayer chewables.

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damage a product is to give it a name nobody likes, and we're talking about something called pink slime. we've told you about it before, it's a ground beef additive that a company called ground beef products incorporated has been making for years and, apparently, adding it to ground beef. it is beef product, but they treat it with ammonia to kill bacteria in it, they add it to ground beef. well, opponents gave it the name pink slime, have been saying it should get out of school lunches. apparently, sales of the stuff have been badly affected, as you can imagine. jenna: i wonder why. jon: yeah. so now they are stopping production of this stuff at three plants in texas, kansas and iowa. the company is going to be making an announcement of the future of this product. we'll let you know how it goes. jenna: from that to this just real quick, a piece of sports history bites the dust. maybe. jon: oh. jenna: there it goes.