[laughing] in response congress issued a statement saying that is totridonkulus. >> love fallon. jenna:. martha: that is great. i'm not surprised. >> higher than i thought. that will do it for us. martha: see you in america live a little bit. >> i'll be there. martha: "happening now" starts right now. jon: shots fired outside of a sports arena after an nba playoff game. one the victims a pregnant woman. the latest on the investigation. jenna: some scary moments there. it is supposed to be the next big stock buy in the tech world. so why is facebook getting clobbered on wall street, at least for now, jon? jon: at least for now. a new twist in the trial of a man charged with killing his wife. adam kaufman was driven bylous. we're comparing him to casey

anthony. it is all "happening now.". jenna: well right now on this tuesday we're on verdict watch in the john edwards trial. we're so glad you're with us, everybody. i'm jenna lee. jon: i'm jon scott. the jury is now ibt thering for a third day on charges that could send the former presidential candidate to prison for 30 years. if he convicted of violating campaign finance laws in the effort to hide his pregnant mistress. at issue, whether or not edwards used campaign funds from two wealthy donors, including 101-year-old heiress, rachel, bunny mellon. to conceal his affair with rielle hunter as he tried to win the democratic presidential nomination in 2008. jonathan serrie live outside the courthouse in greensboro, north carolina, now. any indication, john than, how long it will take the jury to reach a verdict? >> reporter: jon, yesterday the judge was discussing logistics with the jury, talking about when the jury would break for lunch and

when the jury would break for the day, not specifically that day but days in general. it appears that the court is prepared to deal with logistics for deliberations for the long haul. take a listen. >> this jury in particular asked for office supplies as well as some exhibits. the office supplies indicate they are really going to start from scratch and they're going to build their own analysis of the case. >> reporter: the jury's most recent request came late yesterday when jurors requested some additional items from the prosecution, jon. jon: so what kind of evidence have they requested aside from the office supplies? >> reporter: yeah, well in particular they were interested in seeing additional correspondence among associates of rachel bunny mellon. bunny mellon, of course one of those two donors that provided funds that allegedly went into keeping edwards' pregnant mistress

rielle hunter in hiding during 2008 presidential campaign. want to show you one note in particular. this one is from brian huffman, who was an interior decorator friend of bunny mellon. she had used him to funnel the fund to edwards' then campaign aide andrew young. in this note from huffman to young, huffman writes, as bunny says, for the rescue of america. now this note and others like it would often accompany the checks that bunny mellon was writing. so prosecutors entered into into evidence hoping to convince jurors that the intent behind the money was political and not just personal. but whether the jury's buying it is anyone's guess, jon. jon: so many guessing games about what those jurors are doing. thanks, jonathan serrie for bringing us the latest. >> reporter: certainly. jenna: it was a big morning as far as space exploration goes. spacex blasting off on a mission to the international

space station today opening what could be a new era in private spaceflight. there it goes. the unmanned rocket carrying a lot of supplies including some very important items. i don't want to give too much away. phil keating is live in miami with more. phil are when we talk about the important items the final frontier is a resting spot for some. tell us a little bit about that. >>. >> reporter: begins with you writing a check for $3,000 by either yourself before you die or one of your family members afterwards. you contact this company out in california which has its own website, seletus.com. they for the last 20 years have been contracting out with planes and rocket building companies to transport partial ash loads of dead humans, earth links, space fanatics up into space. on board this spacex rocket on the second stage of the rocket itself the partial ashes of 317 people from 18

countries around the world, including a space travel legend. that being actor james doohan, who played scotty on the tv show "star trek" also appeared in the movies. he was the engineer on the show on board the enterprise. on board the partial ashes of a nasa legend, that being gored done cooper one of the original mercury 7 astronauts. during his mercury 9 mission he orbited the earth more times than any human previously. that was enabled him to be the first person ever to sleep in space. his ashes are sleeping in space one last time. they're all on board. they come in lipstick stick sized canisters. they are deployed and orbit the earth about a year or so until eventually burn up into the atmosphere. soon they will become part of everybody's --. jenna: interesting part of the story. interesting to think about all these things going into

spacex. there is no real live human beings on this flight. there is a lot of challenges ahead, phil as well. not just the supplies they're trying to carry to the international space station but tell us a little bit more about what the next several days and weeks look like. >> reporter: yeah. getting the falcon 9 rocket off the ground this morning prior to 4:00 a.m. was a first major hurdle especially after saturday's aborted attempt with just half a second to go. on friday when the dragon capsule carrying those hundreds of pounds of cargo, very important for the space residents on board the iss, it will then attach and dock with the international space station and if it is successful obviously that then opens the door, the gateway to other companies such as boeing as well as sierra nevada corporation to get their own privately-built and assembled rockets and capsules up into space to the international space station. this is a privatization of what the space shuttle had

been doing for decades and really is historic and the president and founder of spacex, elon musk, says for him in space it was kind of like winning the world championship. >> there is so much hope riding on that rocket. so when it worked, and dragon worked to accelerate and deployed, people saw their hand did i work in space and operating as it should. i mean it was tremendous elation. it is like, like winning the super bowl. >> reporter: the spacex dragon capsule will actually rendezvous with the space station on thursday. it will undergo about a day's worth of tests just to make sure everything is working perfectly and then the astronauts on board the iss will use one of those big robotic arms, grab the dragon and then bring it in and lock it into the port. they off load off the cargo and very importantly for the

european space agency, nasa, the japanese space agency and the russians is they can then put a bunch of trash and garbage on board, bring that capsule back to earth. it is recyclable capsule. it will parachute somewhere out in the pacific. it can seat anywhere from four to six astronauts. three or four years from now that is the plan if everything goes well, actually sending up astronauts in about four years. jenna: sounds easy enough, right? put out the arm and grab that thing and bring it into the international space station. i have a feeling probably harder than that. tom jones a former astronaut will join us later on to talk more about it phil. thank you very much. big news. phil keating with us from florida. jon: brand new controversy over the president's attack ads targeting above romney's time at bain capital. mayor of newark, cory booker, a democrat and obama ally, called the campaign ads, quote, nauseating political discourse on "meet the press" over the weekend.

republicans quickly sprang into action urging supporters to send i stand with mayor booker e-mails to the white house. mayor booker speaking out again. chief political correspondent carl cameron live from washington. mayor booker claims his words are being twisted by the gop. how is that possible? >> reporter: it is possible because the newark mayor broke ranks with the democratic party and president got scolded for it. got a lot of negative feedback and explaining nonstop ever since what he really meant romney's record is fair game. he argues his words are being taken out of context and twisted around and his staffers are being driven crazy. he has not actually walked back the tone of the criticism of negative attacks on both sides. president obama. david axelrod took booker to task and a democratic think tank synced booker noting since 2002 he received more than $35,000 in

contributions from bain officials, bain capital the company that mitt romney used to run, subject of so much criticism of his business record. he has taken, mr. booker has, more than half a million dollars in wall street investor type donations irony here president obama gets lots of wall street money too and one of his biggest bundlers, big democratic donations is jonathan levine, managing director at bain capital who was directly involved in one of the companies that closed down under bain that democrats complain about and blame romney even though he left the company before, bain before that actual firm shut down. jon: carl cameron in washington straightening some of that out for us. thank you. for more on the controversy over these bain capital ads i'm joined by a.b. stoddard the associate editor of "the hill." president obama came out at the news conference and defended himself and said, you know, governor romney is essentially not ready to run the country just because he led bain capital. that seems to be the attack line he is embracing. >> that's right.

he made a it perfectly clear yesterday he said this is not a distraction. it is the essence of the debate. he said he, governor romney has contrasting view what is grows the economy, what the role of government should be in the economy. he made the argument that romney's running on his experience but that it's a narrow, comes from a narrow slice of the economy. while private equity is all well and good he said his experience doesn't qualify him to be steward of the entire economy of the country. to be president of all the people and all income brackets and he will make the case why he is and why governor romney is not. jon: but isn't there a danger here for democrats in that you know, as carl was mentioning, there are some deepakketed folks on wall street who have long supported democratic candidates including this president and if he alienates them with too many attacks on venture capitalism and so forth, that money well could dry up? >> you know, there are several dangers politically. it's quite risky on several

fronts. actually that money is drying up, jon. he was the recipient of good wall street money, private equity, big business, whatever you want to call it across the spectrum in 2008. he is really seeing those numbers dry up already. and though he still has some high-profile donors in that community, romney is the recipient of most of those contributions this time around. and you see democrats like former congressman harold ford of tennessee and cory booker concerned that the democratic party could see that money dry up for good if they keep talking the way the president is talking and running ads like the ones he is running. jon: there are some observers who say cory booker made the president essentially look bad. he looks like a newer, hipper, more younger honest version of the president and the president looks like the old-style politician fighting to keep things, keep the status quo. >> well president obama is making the campaign not about his record on the economy, not about his

health care reform law, not about his stimulus program, but really about he wants to pitch himself as this warrior for the middle class and maybe the argument that mitt romney looks out for the rich but he will not look out for the middle class. that's the, that's the message president obama wants to run on. democrats risk alienating those still persuadable voters who have not decided to vote for mitt romney who might be independent small business owners who want a defense, want to see a defense of the free market system and know there is risk and reward starting a business or selling one off, and doesn't want to see the president and vice president, they don't want to see them talking about this system in a populist way that goes over the line and that it might be effecting his donations but it is also a political risk among those people still making up their minds about you who the economy can recover. and think the that president obama is going too far. jon: a.b. stoddard, from "the hill." thank you. >> thank you.

jenna: some new developments in mexico. police make an arrest in the gruesome murders of 49 people. their bodies dumped on a busy highway. rick is here with us. he will have the breaking details on that. jon: also the prosecution offering up a motive in the murder trial of a florida man accused of killing his wife. our legal team weighs in. you know, we're a little early for this thing...

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jon: more tragedy on top of the world after a fourth climber is found dead on mount everest. the climber, like the other victims, died after reaching the summit but then trying to descend the world's tallest mountain. fresh snow making the rocks icy and unstable. >> a warning from north korea as it vows to keep developing its nuclear program if the u.s. quotes, continues to stifle the company. they stopped short of another nuclear test and expressed interest in dialogue to resolve the standoff. national championship races in reno will go on that according a panel of

experts reviewsing recent deadly crash which a world war ii era plane plunged into the box seats at the grandstand. the panel made safety recommendations. those changes will be put into effect before the show in september. jenna: the mexican military arresting a powerful drug cartel leader, accused of dumping dozens of bodies on a busy highway this month that really caught our attention of course. based on that news, rick folbaum is following this story now today. rick what do we know. >> reporter: we're tracking this from down here in the newsroom. this is one bad guy the mexican army picked up. his nickname, el low co, the crazy one. he is a member of the zetas drug cartel. this stems from the murder ever 49 people, sick of them women. the victims were beheaded and dumped along the highway last month. video was posted online promising to the same fate to anyone who bottom in the cartel's way including other rival gangs, police even

military. low co's real name? daniel ramirez. he did not go quietly. shooting his way to freedom and lobbing a hand grenade at the army soldiers who eventually captured him. officials say ramirez confessed to the crimes. he says he was only following orders. all of the drug cartels, the sate at thats, cartel, found by members of the mexican military is one of the most violent. jenna: at least they got one of the bad guys off the street today. rick. that is good news. jon: billions of dollars gone in a trading blunder but the worse might not be over yet for jpmorgan. lawmakers are looking into the bank's big losses amid calls for more financial regulations. a live report from capitol hill on that next. plus a post-game victory celebration turns to terror as a gunman fires into a crowd of thousands a little bird told me about a band...

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jon: a chaotic scene after an nba playoff game in oklahoma city. a gunman opens fire into a crowd of thousands leaving an arena. rick folbaum is in the newsroom following this story for us. >> reporter: jon, we've seen violence after sporting events before. rowdy fans celebrating a big win, doing stupid things like setting cars on fire. three people shot, one of them critically raising stupidity to a whole new level in oklahoma city. inside the chesapeake arena in okc, hometown thunder beating l.a. lakers advancing on in the nba playoffs. fans heading out after the game understandably excited about the big win. take a look at scene outside the stadium. something happened that led to someone pulling out a gun and opening fire. we mentioned one person in critical condition. the other seven shooting victims are expected to eventually be okay.

pregnant woman in the crowd was pushed around in all the chaos. thankfully she is okay as well. police say they have questioned several people in connection with the violence outside. so far no suspects. so far no motive. come on, this is a basketball game. jon as we learn more about it, we'll keep you posted. jon: stupid shooting that's for sure. thanks, rick folbaum. jenna: capitol hill hearing is underway now in d.c. into the million at this billion dollar trading loss at jpmorgan chase. the senate banking committee is looking whether this is a sign that wall street banks need tougher oversight a lot of different opinions on this peter barnes live in washington with more. peter? >> reporter: jenna this is the first of three hearings into that stunning $2 billion trading loss at jpmorgan chase. the senate banking committee will hear from ceo jamie dimon at a later hearing sometime in the next few weeks we believe. today two top regulators are in the hot seat. gary gensler, the chairman of the commodities futures

trading commission and mary schapiro, chairman of the securities & exchange commission. both agencies opened preliminary investigations into the bank's losses. >> circumstance of this nature where the activity does not appear to have occurred in one of our regulated entities the sec would be primarily interested in and focused on the appropriateness and completeness of the entity's financial reporting and other public disclosures. >> reporter: now the senators and regulators are getting into the weeds on some of this, these financial reform rules but the jpmorgan loss has triggered a partisan election-year debate over whether or not these rules should be tougher. democrats say this proves they should be and want to proceed with tough financial rerecall follow rules but republicans are saying, well, wait a minute if these rules are so terrific how many you too did not learn about these losses until you read about them in the newspaper?

jenna. jenna: interesting, peter. just to take a big step back. jpmorgan chase says this was a mistake. it doesn't damage their bank so to say, the financial stability much their bank or the financial stability of the entire system. so what are you watching peter as you continue to report out this story, where it goes from here and what the potential ripple effects might be? >> reporter: well it is certainly going to have an impact on the rule-making which is ongoing. a lot of rules under the dodd-frank financial reform that would require more transparency, that would require more open trading on exchanges for example of these infamous credit default swaps at the root of this trading loss for jpmorgan chase, this is definitely going to have an impact on whether those rules turn out tougher or easier on financial first. jenna. jenna: that is such an important point. we all think all the regulations are already set in stone but it is actually being developed probably right as we speak, peter. >> reporter: it is.

jenna: good point. peter barnes of fox business. thank you. >> reporter: you bet. jon: if you didn't get facebook's stock you might be thanking your lucky stars right now. the company is still sliding on wall street after one of the biggest ipo's in history. the stock down again today. so why the facebook fizzle? a live report next. plus, he's accused of murdering his wife. now prosecutors say another woman may be the reason why. more on the bombshell allegations and what they could mean for this case. a fair and balanced debate ahead.

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jenna: back with some business news now. happening right now, shares of facebook are down for the second straight day. it is a far different feeling from the triumphant moment on friday when founder mark zuckerberg rang the nasdaq opening bell celebrating this long-awaited ipo, this public offering. at monday's close as you can see on your screen the stock was down more than 10% from its original price and today the stock is down again. it is raising a few eyebrows. shibani joshi is live with the fox business network. we don't want to go too overboard. only what, the second, third full day of trading for this stock but why are we seeing this? >> reporter: this is not the debut investors were hoping for, jenna. many experts i was speaking to thinking we would see a pop of 50, 70% on the first day of trading. none of that really materializing, taking a look at facebook shares down 2%.

facebook trying its best to friend wall street but wall street not answering that request. there are fresh questions and fresh concerns today about the company and the stock. overall whether or not the company's size, a little bit too big, more so than it should have. remember when facebook went public on friday it was valued right around $100 billion because of a big drop in the stock price, the company lost about $15 billion just since then. now valued about $86 billion. questions emerging about whether or not there was too much supply put out there. it was priced at the right, at the right price. but also, questions about its business model continuing to creep up. remember facebook has a lot to do to prove to investors that it is a viable business in the way that apple, google and microsoft are. there are questions is whether or not they can sustain the growth in the advertising arena. also how they can make money off of mobile. then they have got to figure out a way to make money off of china, something it

hasn't figured out how to do. a lot of talk this social media bubble, jenna, may have popped. the stock, if you can believe it, down about 15% below its offering price. i don't think anyone would have predicted this sort of outcome. jenna: that's what happens when you go public though, right? you open yourself up to the volatility. might be back in a day or two. we're talking about a 15% surge in the stock. we'll see what happens, shibani. stay close. thank you very much. shibani with fox business. jon: looking for life in space. amateur astronomers now being recruited to try to find evidence of aliens. claudia cowan explains live from our san francisco bureau. claudia, how can ordinary folks get involved in this search for aliens? >> reporter: jon all they need is a computer and some extra time to hunt through screens of cosmic data that could include signals from "et." right now up in northern california an array of radio telescopes is aimed at a patch of sky that

scientists have determined could include earth-like plan etc.. the problem is billions of signals are coming in from radio station, iphones, space satellites and no single computer can sort them all out. seti, the search for extraterrestrial intelligence is recruiting citizen scientists to help them examine all the signals online and look for unusual patterns. >> eyeballs are actually better than computers when it comes to sorting out those data. so we're trying to involve the public in doing that. >> reporter: if enough volunteers find the same mysterious patterns, those radio telescopes will take a closer look. so far no signal yet from "e.t." but many astronomers say it is a matter of time before we find evidence of intelligent live in outer space. jon: can anybody participate as long as they have a computer? >> reporter: yes. they really just need to download the program, so far 60,000 people have. mostly amateur astronomers like ellen schwartz, a

resident of oakland, california. she told us before she signs off for the night she will look at screens full of the radio noise and try to find regular patterns of data that suggest the work of some alien technology. >> my hope is not so much i'med finder. my hope is that we, you know, humanity find out some day that there are other beings out there. hopefully peaceful once. [laughter] >> reporter: hopefully. either way the discovery would certainly be a game-changer. if you're interested, check out setilive.org. jon, keep in mind this program is free. jon: interesting. claudia cowan, thank you. jenna: we'll take you out to florida now where there is new developments in a murder trial there we've been playing close attention to. adam kaufman is accused of strangling his wife back in their home in 2007. he claims he woke up and found her dead on the bathroom floor. but prosecutors now say one of kaufman's motives waslous,

claiming he started seeing another woman after his wife died. a picture of this guy not really caring much. carolyn bonjean and lease we'll both our legal eyes on this case. lis, let me start with you. the prosecutor showed this guy's or argued for adam kaufman's disregard for his wife's death. they went and made an analogy to casey anthony. here is what the prosecutor said. he was not exactly devastated by his wife's passing. best analogy i can think of is when casey anthony got that tattoo and that of course is tattoo that she got when her daughter was missing. did the prosecution go too far here in this argument? >> maybe they did on that. you have to step it back for a second, jenna. casey anthony maybe they went too far on that and courtroom cleared out after that. but the idea, do not forget, jenna, that the prosecution does not have to show motive that is not part of what they have to show but here they have one. his dead wife is barely buried and he is going out

on group dates with this other woman? he is still wearing the wedding ring. going out on group dates. kind of does show there is a little bit of motive there going on. jenna: jennifer, to lis's point the jury was out of the room. the defense objected. we got to hear more about this. the jury heard the question whether or not he was dating. what do you think about the effect of that? >> it is difficult to unring a bell as they say in our line of work. once the question has been asked the jury assumes the answer. we know the judge actually prohibited that line of questioning because it is not relevant whether or not the man went out with another woman after his wife died is not relevant to the question of whether he in fact killed his wife. this case is nothing like the casey anthony case where there was loads of circumstance evidence, loads of evidence that showed guilty conscience. the prosecution doesn't have to show a motive but the jury usually wants to hear one. they can't just contrive one because they have no evidence to support their case. jenna: jennifer, let me ask you about this.

the medical examiner was on the stand. the medical examiner said he did everything to figure out how this woman died. he came to the result it was a homicide and she was strangled and there is no other answer. the defense will get a chance to cross-examine him. where do you go with someone so thorough or certain why this woman or how this woman died? >> well, there's a couple things here. they are prosecuting this man because he was basically the last person to see his wife alive. not saying that is not relevant evidence but it can't be your entire case. we know of course that there will be or we, i would hope there would be competing medical experts to suggest there was an alternative cause of death. medical examiners are not infallable. it is very possible that this medical examiner got it wrong. this isn't, his credibility and his competence is going to be up for the jury to determine. >> that's why the relevancy of the other woman, the woman he was dating is important, is relevant because you put things together. if you're prosecuting a case

it is not a smoking gun where i have just one piece of evidence, that will it for me. it is brick by brick. dating someone very shortly after his wife died. maybe they were seeing each other before. if you bring the evidence in, medical examiner said it wasn't heart attack or anything like that. her friends she was lively and running and doing all these things every day. she didn't have heart problems. it was strangulation. jenna: final question, lis, the friends also said yes she was in great shape but she also had a fantastic marriage. >> right. jenna: they were so good together. so as a prosecutor, what do you do with that description? >> well you say, only two people in the marriage that know the marriage are the two people in it. you look to the outside circumstances and again that's why the girl friend, the mistress, whatever you want to call her does come in and is relevant. prosecution doesn't have to show motive, they have got motive that is great for the prosecution. jenna: he is very emotional, adam kaufman hearing the testimony so far. we'll watch the case to see where it goes from here. jennifer, lis, nice to have

both of you. thank you very much. jon: there are new developments in the showdown over iran's nuclear program. the u.n. striking a deal with that rogue nation just 24 hours before some high-stakes talks. what all this means for the u.s. just minutes away.

jon: here are some stories come up next hour in "happening now." three terror suspects arrested in a plot to disrupt chicago's nato summit making their second appearance in court today. we'll have a live report. al qaeda waging a dangerous new war on america. why a new terror threat is getting a lot of attention in washington. plus hawaii isn't a bad place to vacation now, is it especially when you're not paying for it? why that has a leading republican senator challenging the ninth circuit court over a conference that whole group is planning and you're paying for it. jenna: we don't have any conferences for "happening now" in hawaii.

jon: i wish we would. jenna: we'll figure that out. we have another big story to talk to you about today because it has to do with iran. this is a very important week when it comes to our country dealing with iran. iran says today it struck a new deal over its controversial nuclear program with the u.n. watchdog. the u.n. watchdog agency says it is going to be able to restart investigations into whether iran is working to produce nuclear weapons. the deal apparently reached just one day before iran and six world powers, including our own meet in baghdad to talk all about this. there are new concerns emerging over tehran's increasingly close ties south to our border as well. a lot to cover. lon beryl man, president of the american foreign policy council. let's start with the news of the day. there seems to be a deal struck between the iaea and iran though nothing is in writing. what do we make of this news 24 hours before this big meeting in baghdad?

>> well, sure. the secretary-general of the iaea traveled to tehran over the weekend to try to hammer out some sort of deal that would give the iaea access again to iran's nuclear complex. the agency has been trying for a long time to get at the full width and breadth of iranian nuclear program. they haven't been able to do so because the iranians really frustrated their efforts. this deal is a deal that the u.n. is trumpeting as greater transparency on the part of the iranian regime, a greater willingness to talk. the timing is really suspect. looks for all the world like the iranians are trying to trumpet some progress in terms of cooperation in the u.n. in advance of the nuclear talks in a way to set the stage where they could argue that sanctions should be reduced. that the international community doesn't really have anything to worry about. jenna: we'll concentrate a lot on this story next couple days about what these talks actually look like. that's why we wanted to talk to you today because you're concentrating on a different part of this story we don't

spend a lot of time talking about and that's what iran is up to south of our border in countries like bolivia, a country we really didn't think about when it comes to iran. you did some extensive research over the last year. tell us what some of the moves iran is making in a country like bolivia. >> what has been interesting over the last couple of years in particular as diplomacy put additional pressure on iran, sanctions really begun to bite the iranians have begun to look externally for supplemental auxiliary allies that could help them both idealogically and practically. latin america emerged as a really big hub in that regard. when we talk about iran and latin america we usually talk about the relationship between iran and vebz venz. jenna: right. >> that is part of the story. remember hugo chavez is ill. there is presidential coming up in the fall. iranians are looking same set of facts we are and looking how to broaden their

footprint in the region. jenna: chavez called this or coined this the access of annoyance. playing on axis of evil concept. we'll create a axis of annoyance south of the united states with iran to be well, annoying. why bolivia of all places? were would bolivia be a place where iran would go to try to strike up this relationship? >> first off, by the way much more than a axis of annoyance because venezuela itself and also the region at large is important for iran in terms of trying to skirt sanctions, in terms of trying to get strategic resources for their nuclear program because latin america is uranium-rich. it is more troubling it is a place where signs are iran is setting up military presence with his army the revolutionary guards. the relationship between iran and latin america is not just opportunistic and supplemental to what iran is doing. it is actually increasing looking like iran thinks of

the western hemisphere as operational theater including against us. jenna: fascinating. we hope to have you back. we have a lot more to talk about when to comes to this. as we concentrate on one area we want to keep our eye on what is happening in south and central america. thanks very much. we look forward to having you back. >> thank you. jon: space history made in the wee hours of this morning. a private rocket blasting off and heading for the international space station right now. it could one day travel to the other places in the final frontier. what it means for space exploration and nasa. we'll go in depth with a former astronaut. new fallout over a planned judges conference in hawaii. the tropical get-together that you're paying for. rick is at the web wall with more. rick? >> reporter: looks nice, doesn't it, jon? jon: it does. >> reporter: this is the ninth circuit court of appeals and not everybody is happy that they're hosting their annual conference at such a swanky retreat in hawaii. what do you think? go to blog section of "happening now" homepage at foxnews.com.

tell us a good news of taxpayer dollars or not. if you were picking the spot where you would tell the court to hold their conference? we'll have all the details and your comments after a quick break. don't go away.

jon: a commercial rocket now heading for the international space station. spacex's falcon 9 lifted off this morning. it is loaded with 1,000 pounds of supplies for the iss. this morning's blastoff launch as new era in spaceflight because it marks the very first time a private company has sent a vessel to the space station. the big test though comes later this week when the

dragon space capsule is set to dock with the iss. joining to us talk about the history being made here, tom jones, former nasa shuttle astronaut and fox news contributor. so what's the significance of this? you've been an advocate of this kind of program in the past, right? >> right, jon. following shuttle retirement nasa needs a way to get 40 metric tons of supplies up to the space station the next five years to support research and give the crews supplied. there is no way to get it up from our side except hiring russian cargo freighters. japanese and european cargo ships can't do the job. we need to come up with a solution and so this is important and fantastic first step this morning. jon: is it possible private enterprise will be able to do what the government used to do through nasa, maybe more efficiently, cheaper, faster, smarter? >> boy, nasa hopes that is right. they need to save money on the cargo shipments certainly what the shuttle could deliver. that will allow them to free up fund on the international

space station and deep spacecraft like orion and the rocket that will carry it out on from the space station. they can't get going on these project unless they deliver cost savings that is important element of nasa's strategy. jon: i'm old enough to remember the mercury, and gemini and apollo programs. it was a sense of national pride when the big rockets on the saturn v would launch. it seems strange to hand it over to private enterprise. i guess i'm kind of stuck in the past, huh? >> i don't think you're stuck in the past. the launch this morning looks a lot like old saturn launches than the shuttle because of care seen fuel burned this morning. we need this to take place. nasa very intently wants to get out into deep space with the orion. that will not happen for five years and crews will not fly on that until latter part of this decade. nasa needs support and research until they get the deep spaceships going.

this is part of that. what it allows private industry to get access to space, develop their own space stations innovate and make money in space the way nasa is not chartered to do. jon: kind of interesting private american company that the nation of north korea has not on able to do get a rocket into earth orbit. the challenge though is still to come when you get this ship close to the space station. tell us about that. >> right. rendezvous is one of the trickiest maneuvers in space bring together two spacecraft going file miles a second, 17,500 miles an hour and have them in formation. we did that with the pilot from the shuttle and zones source and mission control. they have to automate the process with radio sensors, gps and feeding into navigation software that can stablize the craft with thrust terse very close to the space station but not presenting aaf they will try it out on thursday and on friday if

they stablize within 30 or 40 feet the crew can reach out and grab it with the robot arm. this is where the rubber meets the rode the spacex company has to prove. jon: you know, kids of my era wanted to grow up to be astronauts. kids of this era can grow up to start a space exploration company of their own. >> one possibility. being a private space plane pilot. jon: tom jones, always good to talk to you. >> my pleasure. jenna: some new threats by al qaeda targeting vital systems like our power grid. we're live in washington with the latest on this very important story. also this a break in the case of a missing california teen. the police making an arrest. who is he and how investigators say he's linked to 15-year-old sierra lamar. ♪ ♪ ♪

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>> reporter: rick folbaum in the "happening now" control room, brand new stories we're woking on over the next 60 minutes. how would you like to go to a fancy convention in hawaii? well, you're paying for one,

what the ninth circuit court of appeals has on tap for this coming summer. also, an arrest in the disappearance of a high school girl in california. are police finally close to figuring out what happened to see sierra lamar? and a major change in men's health, new recommendations when it comes to prostate cancer screenings and why it's stirring up controversy today. all of that plus breaking news as it happens. a second hour of "happening now" starts right now. jenna: al-qaeda's war on america enters a dangerous new phase, it's a big story for us today, everybody, we're glad you're with us. i'm jenna lee, welcome to a second hour of "happening now." jon: i'm jon scott. al-qaeda is now aiming a new weapon against the u.s., declaring a cyber jihad. a jihadi web video is calling on followers to try to cripple the power grid by launching cyber attacks. jenna: this new call for

terrorism gaining attention at the highest levels of our government, as you can imagine. joining us now, catherine herridge live in washington. hi, catherine. >> reporter: jenna, thank you. the leadership of the senate homeland security committee tells fox the video calling for cyber attacks on the u.s. was first brought to their attention about a week ago in a meeting with janet napolitano who said the fbi had translated the arabic. quote: we advise muslims with expertise in this domain to target the web systems of big companies and government agencies of the countries that attack muslims. our policy here on fox news channel is not to run videos in full. these images specifically claim the u.s. is vulnerable to cyber attack in the same way the airline system was vulnerable to hijackers and box cutters. >> without giving away any classified information, i can certainly tell you that not only the individual terrorist groups, islamist terrorist groups --

particularly al-qaeda and al-qaeda on the arabian peninsula -- are focused on cyber warfare because it can be carried out if you have somebody smart enough at very little expense. >> reporter: in 2011 homeland security responded to 100,000 cyber incidents, and there was a fivefold increase in the number of attacks aimed at industrial control systems. they are like the central nervous system of critical infrastructure including power plants and dams. >> it would be naive for us to think that al-qaeda is not responsible for at least some of those attacks. >> reporter: the nearly two-hour tape was the basis of this fbi and homeland security intelligence bulletin last summer. what we don't know this morning is why it apparently took several months for the section on cyber to be translated and then flagged to that senate committee. jenna: very interesting. a lot to soak in today, karat ring. thank you very much.

you know, it's not just al-qaeda, though, hackers around the world with targeting computers here in the united states, and sometimes they get away with it. here are some major attacks over the years that we wanted to flag to you. in 2003 there was a series of attacks infiltrating department of defense systems and computers belonging to military contractors. investigators suspect hackers in china were behind it but, again, they just suspect that at this time. north korea was behind a wave of cyber attacks in july of 2009. hackers in that case targeting dozens of government agencies and commercial web sites in the u.s. and in south korea. and finally last year an unnamed foreign government hacks the pentagon stealing 24,000 files including sensitive information on aircraft avionics, surveillance technologies, satellite communications systems and network security protocols. it's no wonder at this time the pentagon now classifies cyberspace as an operational

battleground just like the sea, air and land. jon: scary stuff there. a new scandal rocking a federal agency, this time it's the drug enforcement administration. three dea agents are under investigation for hiring prostitutes in cartagena, colombia. sound familiar? molly henneberg is following the story from our d.c. newsroom. molly? >> reporter: hi, jon. those agents have been removed from their posts in colombia, apparently for entertaining female foreign national masseuses in a cartagena apartment. the dea says it got information from the secret service, followed up on it by, quote, making dea employees available to be interviewed by the department of justice's office of inspector general. dea takes allegations of misconduct very seriously, and we'll take appropriate personnel action if warranted upon the conclusion of the investigation. you may remember that a couple dozen secret service agents and military men were caught up in if a prostitution scandal last

month for bringing prostitutes back to this hotel as they were preparing for the president's trip there. the dea incident happened around the same time, not at this location, it's a separate investigation. leaders insuch as senator susan, the ranking republican on the homeland security committee, says she was briefed on the dea probe over two weeks ago but was asked to keep it quiet until the agents were taken out of colombia and questioned. she's now put out a statement saying, quote: >> reporter: senator collins says she also was informed that another secret service agent has been implicated in that probe, bringing the total to 13. but again, that's separate from the dea investigation. jon? jon: molly henneberg in washington. molly, thank you. jenna: well, this just in, we have a little business news now for you. sales of existing homes are up

from the previous month, and existing home sales are really important because that's a big chunk of the market. these are homes that have already been lived in, and americans bought more of these homes in april than they did in march, so you're seeing at least an up arrow on your screen today. according to the national association of realtors, sales rebounded after a down month in march. the rate is still below what's considered a healthy market, but it's an improvement, a small snapshot of what the housing market looks like overall, but for the month, jon, we'll take the up arrow. jon: yeah, we'll take it. well, at last a political issue where everyone can come together, and it's likely to be the deciding factor in the november election. a majority of americans, 52%, say the economy and jobs will be the most important issue in their choice for president. that's according to a new poll for "the washington post" and abc news. that same poll finds if the election were held today, 49%

would vote for president obama, 46% for governor romney. that is well within the margin of error so, essentially, they are tied. when asked who would do a better job handling the economy, it's another dead heat. 47-47%. bret baier is anchor of "special report." let's talk with him about all of these numbers and what they mean for the two candidates. we heard sort of a full-throated endorsement of his policies yesterday from the president. clearly, the economy is issue number one despite all of these side issues like gay marriage and so forth. >> sure, jon. and i think you're seeing that more and more in polls, and it's pretty clear cut that this is how this election will be fought, over the economy and who's better at taking the economy forward. some interesting things inside this abc poll. you pointed to who can handle the economy better, a tie at 47%. there are some good things for both campaigns. one is that the attacks on mitt romney's record at bain capital really don't seem to be a

positive or a negative, essentially, it's about 50/50, slightly more than half say it's not a big factor although the underlying issue is said to strike a nerve. what the obama campaign could look to as a positive is that 56% believe that the economic system favoring the wealthy is a bigger problem than actually government regulation is. according to this poll. now, this is registered voters, but it is a poll the washington post/abc, that is looking at a number of different factors when it comes to the economy. jon: kind of interesting. when you heard the president talking about how governor romney, he says, is not really qualified to run the country because of his experience at bain capital. he ran massachusetts for a term, he ran the olympics, he ran bain capital, he has a lot more be experience than this president had when he came into office. >> sure. and the romney campaign will point that out. the obama campaign will point out that governor romney is not

running a lot on his time in massachusetts, and they point to the stat that massachusetts was 47th in job creation when talking about that. when this attack back and forth about mitt romney's business record happens, it's interesting to see the reaction from both sides. and, obviously, we've spent a couple of days talking about newark mayor cory booker's statements on "meet the press" on sunday, he was on msnbc last night at which point he said he was taken out of context, essentially. i think that analysts on the left and the right don't look at that as being taken out of context. if you look at the whole "meet the press" appearance, his comments about private equity and how that plays over the next few days, i think, will be interesting to see where this story takes us. jon: let me turn your attention to another bit of news that's breaking this morning. ambassador ryan crocker has announced he is leaving his

post. the ambassador withship -- ambassadorship to afghanistan this summer or midder is summer. he says it's for health reasons, and that could well be true, i don't know. have you heard exactly what is bebe hind his resignation? >> i don't know the specific health reasons, but the state department put out a release saying that is why he's going to leave his post mid summer, specifically health reasons. as far as what they are, we don't know. obviously, crocker, the ambassador in afghanistan, a very -- a lot of turmoil there on the ground. and before that, of course, he was the ambassador in iraq. so he's seen a lot of duty overseas in war-torn regions. we wish him the best because we don't know the specific health reasons. jon: sure do. general allen, who runs the military side of things, is leaving his post as well. there's going to be a big vacuum on the diplomatic as well as the military side. >> in a crucial time, and the president's talking about the end of the war. those positions are crucial as

far as how to come to a completion of what the u.s. is doing on the ground. jon: well, we wish them well, both of them, as they head out of those posts. bret baier, thank you. catch more of bret tonight at 6 p.m. eastern time. always a fascinating program. jenna: next, we're going to take you to ohio where there are big concerns over horses on the loose. why? that's a good question. what police are investigating near this farm. jon: also, president obama's health care law faces another major challenge. this one over the contraception mandate. dozens of catholic institutions are fighting it in court. >> you're talking about a very serious issue. we're talking about a constitutional issue, we're talking about religious freedom. so you bet it's serious. c'mon dad!

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jon: keeping an eye on sop developing -- some developing crime stories, a muslim soldier accused of trying to kill

soldiers in ft. hood, texas. facing life in prison if convicted. he was awol from a base in kentucky last summer when he allegedly was found with ingredients for an explosive device. jurors deciding the fate of a man alleged to have gone on a fatal stabbing spree be back in the summer of 2009. five victims died. >> cops returning to the ohio farm where dozens of exotic animals were set free by their suicidal owner last year. that's where this video was shot. investigators are now looking at horses that, apparently, have repeatedly escaped their enclosures. the late owner's widow also taking care of two surviving snow leopards, a primate and a bear. jenna: taking you back to d.c. now, a leading republican senator challenging the ninth circuit court over a planned conference in hawaii on the taxpayers' dime. in a letter released this week,

senator chuck grassley says the trip includes recreational activities not related to official business. by the way, some of these folks would have to pay for those, but we still pay for their flight and their stay in hawaii for this conference. senator grassley is the ranking member of the senate judiciary committee, he joins us live. senator, we've reached out to the ninth circuit hoping to get more information about how and why they chose maui, besides the obvious. have you received any information as to why this particular site was chosen? >> i have not, and we've asked several other questions. we've looked at their agenda. it looks like the agenda is at least half recreation, and some of the conferences that they're having or seminars they're having like how to use an ipad is an example doesn't seem to me like a very heavy conference. and i'm not raising objections to having conferences, i'm raising objections to having 'em in very expensive places. more so, i think we've got to

get into this new environment where corporate america is where your doing more through -- you're doing more through social networking and use the latest teleconferencing methods of having conferences so you don't have to spend so much money -- jenna: you know, that brings up, if i could, senator, we asked our viewers, you know, where would you like to see this conference being held if it wasn't maui? we got some pretty colorful responses on that, but joe said he'd like to see the conference being held at a site where it's not a burden to the taxpayer. does that site even exist if there's a conference and it's a government conference? aren't we always just going to be footing the bill for it? >> the answer is, yes. if you're on government travel and it's within the law, you've got a right to be reimbursed for that. i would say in the ninth circuit a place to have it would probably be in montana someplace where it'd be a lot cheaper than having it in maui. if it was the eighth circuit of the united states, that's a circuit that my state of iowa's

in, i'd say come to des moines. i can show you where i stay at the days inn for $56. so, you know, there's cheaper places to have it, for sure. but here's the issue. we've got this gsa conference that wasted $828,000. that's bringing a lot of interest on the grassroots about it. we've got judge gibbons, chairwoman of the budget conference for the, or budget committee for the judicial conference saying we're already laying people off because we got our budget cut by 5%, so we've got to be careful how we spend our money, and it doesn't look like they're following that admonition very well. jenna: you know, senator, you've been in office for more than 30 years now, and you've been, you've had a front row seat to an interesting time in history, and i'm wondering your opinion on this. where do you think it went wrong to where we're having conferences like the gsa are having in will las vegas, or potentially this one in maui,

has this always been what government is about, or did something switch? was there something that switched at a certain time where this went into an area, as you say, is really tone deaf to where the country is? >> yeah. i'm not sure i can answer the history of that, but one thing that brings a major concern up is three or four years of -and-a-half dollar deficits -- trillion-and-a-half dollar deficits and the massive burden we're leaving to our children and grandchildren. that's a concern coming from the grassroots of america, and people understand sending judges to maui, spending a million dollars doing it, it's a lot more understandable to the taxpayers than maybe spending three or four billion dollars someplace else. jenna: yeah. how do we fix it is the big question, and we look forward to having you back as we gather information on this situation and others. skype sounds pretty good right now, right? it's free. [laughter] we could all skype together. >> for instance, i'll be skypeing with a high school in

northwest iowa later on afternoon. jenna: there you go. senator grassley, nice to have you again. thank you so much for the time today. >> thank you. jon: a couple of comments from our viewers. big glenn writes -- jenna: about where they should hold the conference? >> they should be stay anything a flop motel so they can see how people really live with their stupid decisions, and another one, if judicial system was run by a private business, the legislators would be all over for them for spending money on a conference when their bottom line was in the red. jenna: sounds tough to have that conference. it's scheduled for august, we'll see if they end up going to maui or maybe there's a change of venue. jon: i wonder if i could get a job with the ninth circuit so i could go? [laughter] jenna: after those comments, i'm not sure. jon: routine tests for prostate cancer are now under fire. we'll talk with an expert about why. and california police make an arrest in the disappearance of this teenager who disappeared while on her way to school.

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jenna: well, now an update for you. authorities in the northern california just wrapping up a news conference in the kidnapping case of 15-year-old sierra lamar. she vanished two months ago. really, we've been wonder what's going on with this investigation. we have some answers today. police have just arrested the man on your screen. 21 years old, and he's facing kidnapping and murder charges today. rick has more on all of this. rick? >> reporter: well, we've been monitoring this news conference today, and we'll hear from sierra's mom in just a second. you can only imagine the torment this family has gone through. now, perhaps, some answers are coming soon. sierra lamar left for school just the way she always did, but

on march 16th, police believe she was kidnapped before she got to the bus, and this is the man they think did that. 21-year-old antilin garcia torres, booked, as you said, jenna, on charges of kidnapping and murder. police in santa clara county, california, saying torres' dna was found on sierra's backpack which was found near her house the day after she was reported missing. police also say that garcia torres is the owner of a red volkswagen jetta that investigators had believed all along was used in the kidnapping because it was picked up on several surveillance videos shot in the area where sierra was abducted. as for the family, as i said, here's her mom. >> we continue to pray until she's found. our search, though, is not going to end. you know, as a mother i still, i'm hopeful because her body has not been found, and that gives me hope. i have a, i do have a plea to

the perpetrator to, please, please, give the information if you have, that you have to lead us to sierra to help end this nightmare. >> reporter: her strength just amazing in light of what's going on. officials say that, unfortunately, though, they do have reason to believe that sierra was killed, and as we learn more about this, jenna, we'll pass it along. jenna: our heart goes out to the family, rick, as you so rightly point out. thank you very much. for the latest details in the disappearance of sierra lamar, click on foxnews.com. you can get more information on the news conference that was just held by authorities in santa clara, california, and the search for answers in this very disturbing case. we'll keep you updated. jon: men, pay attention. there's a major change in medical advice for men of any age from a federal panel. it says healthy men should no longer undergo routine screening for prostate cancer.

it says the psa blood tests can actually do more harm than good. is that true? let's go to our fox news health medical a-team, dr. david sue matty is chief of row battics -- robotics at mt. sinai school of medicine in new york city, one of the nation's experts in the prostate cancer treatment. i know you're at a conference where this federal recommendation is under discussion, what are the doctors around you saying? >> well, jon, this is really big news, and it's a very, very aggressive recommendation by the u.s. task force. i am reporting from atlanta right now where you have over 15,000 your rolingses from all over the world attending a big conference, american your logical association, and when this news broke over here, people are really reacting not in a great way. we know this is not a very responsible recommendation, and as a urologist, i can tell you to say no man should get tested, this is not only irresponsible,

it's going to jeopardize a lot of men's lives. we know that psa in the last two decades has absolutely reduced the risk of mortality by 40%, and the fact that there's no other test -- and this is the only test that we have -- and, you know, to put our head in the sand and not get tested, this is really going to change the way we practice medicine and jeopardize a lot of men's lives. now, we also know that psa stands for prostate-specific antigeneral, not prostate cancer-specific antigeneral. so not every positive biopsy means surgery and radiation, and the big message to a lot of men who are watching is to find the experts in prostate cancer and make sure you get a second opinion and not just go around and not get tested. i think this is a very, very dangerous recommendation by the u.s. it is task force. jon: yeah, the u.s. preventive services task force is the group making this recommendation. let me try to summarize their justifications.

they're saying one -- i'm sorry, five in every 1,000 men over the course of ten years will die of prostate cancer if there is no screening, no tests, no nothing. but they say that two will die or have a heart attack or stroke if they get the cancer treatment, excuse me, resulting from the cancer treatment and that others, 30-40 others will experience treatment-caused impotence or incontinence. how do you respond to those statistics? >> what we need to know is that prostate cancer is a spectrum of many diseases. there are some low-risk prostate cancers that may or may not need the treatment, but there are also very aggressive prostate cancers. in my own practice, i see a lot of young guys in their 40s and 50s that come in with very aggressive prostate cancers, and they will die. now, this study only talk abouts about -- talks about death, they

don't talk about the fact that the cancer can me metastasize ad effect their quality of life which is a horrible way to go. if everybody that it would take care of would have continent and have good sexual function, nobody would be complaining because the cancer is out. what we need to do is concentrate on better surgeons and better techniques to make the quality of life better, not to get tested. also what's important is really what you do with that test. you know, the experts in prostate cancer know how to really manage this and how to really tell the patients what to do. the speed of the psa, the velocity of this is what we look for, and i think there is a lot that goes into it, jon, besides saying, like, don't get tested. jon: yeah. >> this same thing happened with women and mammograms, and you saw how women reacted to this. so we really need men to really understand how this is going to effect their life and how this is going to really change the way they live. jon: so men should ask their

doctors and not necessarily take the advice of this federal panel. dr. david -- >> what they need to do is, what they need to do is to really get a second opinion, and in the about an hour there's going to be a lot of information on robotic oncology.com for people that were really seeking more information about psa. jon: that's good to know. doctor, thank you. jenna: catholic institutions are now suing the obama administration over mandatory contraception coverage for employees as part of the new health care law. judge napolitano is going to join us, he's going to weigh in on whether they have a case. plus, time to face the music for three men accused of plotting terror in the windy city. steve brown's live in chicago with more. steve? >> reporter: jenna, the new development is the pushback from occupy supporters may be the unmasking of two police informants. the story when we come back. a party? [ music plays, record skips ] hi, i'm new ensure clear. clear, huh?

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jon: a knocks news alert. a u.s. airways flight 787 from paris to charlotte has been divert towed bangor maine. there are conflicting reports as to why. one -frt passengers on board was apparently acting suspiciously. out of an abundance of caution the plane was diverted and landed about 35 minutes ago. here is a statement from the transportation security administration. it says u.s. airways flight 787 has landed in bangor. tsa is aware of reports of a

passenger who exhibited suspicious behavior during the flight. out of an abundance of caution the flight was diverted to bangor where it was met by law enforcement. no word on whether the person has been removed from the flight, no word at this point as to when it will continue onto charlotte. if you're waiting for flight 787 to land in charlotte, which was supposed to happen i think around 2:15 this afternoon it will be a little bit delayed while they get things sorted out in bangor, maine. three terror suspects arrested in a plot to disrupt nato's summit. a group of selfproclaimed anarchists charged with conspiracy to commit terrorism. steve brown has more live from chicago. >> reporter: and a anytime ma tee is the key ingredient, the key factor for a police informant, and two of them may have had that taken away from them by an occupy group. to recap this story for folks at home, over the weekend three men were arrested and charged with

state terrorism charges. they are charged with three charges each, which include three class x terrorism kparpblgcharges can i could find them serving 9 to 20 years in prison. they were picked up in a south side bridgeport neighborhood. two others were picked up with them. later to be identified as through police informants. in court records they are referred to as moe and gloves, a machine and a woman. within the last hour occupy chicago's media office, yes, they have a media office, have sent out emails distributing pictures of what they believe are images of moe and gloves and one image of moe and gloves together. the upshot is if accurate they will have blown the cover of two police informants central not

only to this case but others related to the violence at the nato summit. if not two people have been identified as police informants in either case their lives could be in perfectly simply because of the publication of these photos by this group. the photos are out there, and the push back on this case is that a couple of folks have been exposed via the internet. jon: that's one of the problems with those occupy folks. they think that most of the rules that apply to the rest of us don't apply to them. steve brown in chicago, thank you. jenna: another big story today, the archbishop of new york leading or one of the leaders of a huge new challenge to the president's healthcare laws all over the contraception mandate. timothy cardinal dolan saying this flight is going to court. >> what the federal government did and what got our irish up, they said, oh, by the way we'll

define what a church is. we'll tell you what you can and can't do. we'll set the parameters as who how you may minister, to whom and the motives that should direct your ministry. that is the character, that is the tone of these straight jacketing exemptionses. if our attorneys, who are very able people said we need to take this as far as we can go, we'll be with them, we'll go. jenna: andrew napolitano is a fox news analyst and is with us now. why do you think we are seeing these cases now at the time when the supreme court is about to issue an opinion on the healthcare law overall? >> because the obama administration which has discretion under the statute as to when certain parts of it will kick in has decided that the mandate with respect to continue septembecontinue september tiff provisions and healthcare will kick in. if you are a employer and provide healthcare coverage to

your employees that has to consist of contraception and you can't put that in overnight because you have to buy more coverage throughout insurance carrier. so cardinal dolan, father jenkins the president of the president of notre dame and others simply situated have to decide now what coverage will be available by the end of 2012. jenna: by falling the lawsuits does that mean they don't have to go along with some of the requirements that are being asked to be implemented even now as the supreme court is trying to decide this. >> they would wish that is the case. the filing of the lawsuit does not exempt them from the requirements. it may get them and answer as to whether or not they have to comply with the requirements. all of this could be moot if the supreme court inch validates the individual mandate. jenna: let's get to the issue as to what the archbishop amongst others are arguing. give us both sides of the argument, the best side of the argument on both sides. >> the government's argument is that it is now the public policy

of the united states of america that everybody be covered for all reasonable healthcare needs. and among those needs are contraceptive services, oddly provided to women but they can be provided to men as well. and because the congress has decided this is the public policy of the country individuals can't exempt themselves from it. they had a chance to vote and this is what congress decided, that is the government's argument. the other side is that they say the government can't interfere with the free exercise of religion. the cha catholic church has opposed contraception, this is a well-known teaching of the church and the government can't interfere with that free exercise. if the government forces catholic employers like the archdiocese of new york or the university of notre dame to make available to their employees

services that the church condems it would be forcing the church to violate it's teachings and the first amendment insulates the church from that. jenna: does it have anything to do with the fact that the services like the birth control pill would have to be covered for free? if there was a fee attached to it in some way would that change anything according to this mandate and implementation from some of these organizations? >> no, in fact the healthcare mandate, obamacare does not require that they be for free. it requires that they are available. so if you're employer pays for your healthcare the employer cannot add to your burden by adding the service to the healthcare. but if you pay for your healthcare out of a deduction you could end up pay more if the insurance carrier wants more for this coverage. jenna: now that you've had almost 24 hours, not a longtime, but a lot of cases here in front of you, judge, when you see this argument, who do you think has the best argument? who would ultimately win here if

it goes to court? >> we've never seen a challenge like this in court. we've seen other challenges where religious institutions have claimed exemption from the general law of the land. probably one that comes to mind is the draft. people who are legitimately conscientious observers. in that case the supreme court said, yes, if you hold this view in your heart with the same degree that one would hold a religious view we are not going to force you to go into the draft. if the supreme court looks to that precedent which is around 1967, 1968, a sraoe et a vietnam war era opinion i think it will side with cardinal dolan. if they look at a draconian, then it will be the other direction.

jenna: jon. jon: you know the judge has so much energy he must be drinking some of those sports or energy drinks, right? >> where is my drink. jon: they are good for a quick boost. judge, pay attention, could they be harmful to your health? we'll take a look at those popular drinks. i look at her, and i just want to give her everything.

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jon: they promise to give you enhanced alertness, concentration and physical performance. could sports and energy drinks actually be harmful? we particular a closer look in the first part of our series examining common foods from a new perspective. dr. marc siegl fox news medical a team is with us. doctor, what does this study show that hasn't been shown before? >> we've been talking about energy drinks and sport drinks and we have an epidemic among our teenagers. over 50% of regularly drinking

sports and energy drinks. this new study out of illinois in general dentistry is the first that really looks at what these things do to our teeth. and they found that the energy drinks are doing a lot of damage to our teeth, even more than the sports drinks. let's hear from dr. jane who is the primary author on this study on what the study showed. >> our beta suggests that teens are drinking a lot of energy as well as sports drinks assuming that these are healthier for them, compared to other soft beverages, and so the acidity of these dings which is erosive to their enamel and satisfactor and affect on their bones, it's a dangerous situation. >> it's acid to the teeth and stomach, bad for the bones. these things are bad. we are talking different kinds. rock star, full not he will

throttle. red bull. jon: are some worse than others? >> i think definitely some are worse than others. you have to wash your mouth out after you drink these things and be careful and stay away from them. >> let's her from th from another doctor. >> they have a high acid ity level. the as it breaks down the enamel structure. once that is broken down then you're exposed to the denton and that is more vulnerable than the enamel to tooth decare. >> we have less fluoride available because we drink a lot of bottled water without fluoride. the bacteria in our mouth makes more acid. it's a perfect storm against our teeth and stomachs, and we really have to look after this. jon: the taste of some of these things is enough to keep me

away. >> absolutely, jon. jon: thank you. jenna: you have a better chance of winning the lottery than you do of catching a home run ball. today this fan better buy some megamillion tickets, lightning strikes swaoeus. twice. we'll sell you how, next. man: 1939 -- my parents ran across an ad for a hot dog cart. my mother said, "well, maybe we ought to buy this hot dog cart and set it up someplace." so my parents went to bank of america. they met with the branch manager and they said, "look, we've got this little hot dog cart, and it's on a really good corner. let's see if we can buy the property." and the branch manager said, "all right, i will take a chance with the two of you." and we've been loyal to bank of america for the last 71 years. your doctor will say get smart about your weight. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly

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jenna: egypt pwraeutsess for its first presidential election since the fall of hosni mubarak. these are pictures from the protests earlier this month. it gives the egyptians a first chance to choose their next leader. leland vittert is streaming live from cairo with more. >> reporter: hi, jenna, you know it was once said in american politics, it's the economy, stupid. and that could be said about this presidential race here in egypt as well. the economy is in shambles, of course the security situation

isn't much better and people are desperate in their hope that this new president might be able to stabilize the situation and get the country back on its fe feet. on cry row's usually packed streets something is missing, the tourists. in their place the campaign posters of the country's first free election, including independent candidate abul pat patua. is the economy a big deal in this election? election? >> yes, of course. >> reporter: this parking lot used to be full of tourists every day. we are here at noon, we are alone. to say the economic affects of this revolution have been devastating would be an understatement. >> destroyed, destroyed the whole thing. >> reporter: the vendors don't have much to do but talk amongst themselves. those selling camel rides sleep. the camels still neat to eat.

he used to own 12 camels, now he can barely afford to feed five. >> down, down, down, really down, not like before. >> reporter: the vendors we talked to were pretty optimistic, as were most of theee skwreupthe egyptians here that things will get better with the new president. they say if somebody from the old guard, which was part of the hosni mubarak regime get elected they will once again return to the streets and tourists will not come when there is that type of revolution broadcast around the world. jenna: lots to watch the next 24 hours. thank you. jon: catching a home run ball at a baseball game one in a million. but apparently lightning does strike twice. rick folbaum live at the web wall. >> reporter: i have never caught a ball, not a home run, foul ball, you've got to wonder the chances of one guy catching two home run balls in the same game hit back-to-back, which is also kind of unusual.

the ballpark the great american ballpark, the team the cincinnati reds, the fan caylin lloyd. a friend invited him to the game. mike leak hit the ball and he caught it with his bare hand. he comes up with the ball while the pitcher rounds the bases. then the next batter, the short stop, the ball is hit to the same area, this one bounces around, though, eventually right into lloyd's other hand. he was still holding onto the first ball. i can think of a number of teams in need of a good left fielder that might want to sign him up. can he hit? that is the question. we have our scouts out. we're working on the information. jon: the guy doesn't even need a glove. jenna: police are raising alarms about a dangerous new weapon made from a popular childrens toy. we'll tell you which toy and why

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