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martha: here's something you don't hear about every day. two geese attacked a man in a park. watch. >> ow. jenna:. martha:. get off of my grass, mister. bill: down goes frazier. martha: they were taking pictures at a california pond. the geese were defending their territory which is clear from the video. nobody was seriously hurt. do not mess with the geese, gentlemen. that is their home. they don't like it. bill: who is recording all that? martha: cameraman exists every moment in america. bill: he will not forget that. martha: "happening now" starts right now.

jenna:. jenna: brand new stories and breaking news. jon: national security concerns and the sequester as we get new numbers how many i am legals were freed because of the federal budget cuts plus how they're affecting you. a new cyber threat. hackers targeting folks that use online banking. what america's financial institutions are doing to try to keep your money safe. plus a new monster snowstorm is shaping up. this one could be the worst of the season of the we'll tell you about it "happening now." jon: some new concerns about sequestration and how the cuts could affect our national security. good monday morning to you, i'm jon scott. jenna: hi, everybody, glad you're with us today, i'm jenna lee of. after the controversy heats up after the department of homeland security releases illegals facing deportation we have new numbers how many were freed. the department of homeland security secretary janet

napolitano making it clear it wasn't thousands of illegals as first reported. >> several hundred were related to sequester but it wasn't thousands. >> and it will continue? >> for the foreseeable future, yes. jenna: that was this morning. meantime secretary napolitano says furlough notices are going out to the tsa she said we should expect airport lines two names longer than normal moving forward. as politics of the cuts continue it play out here is the president's top economic advisor, gene sperling. >> this is not a win for republicans. republicans are supposed to be for stronger national defense. this cuts our military preparedness dramatically. they're supposed to be for border security. these sequester cuts will mean enough reductions in hours that will be the equivalent of 5,000 border patrol agents being cut. jenna: all this as we mark ten years since the creation of the department of homeland security. michael chertoff, former department of homeland security secretary, one of three joins us now. secretary, nice to have you

back on the program. >> good morning. jenna: just initially what's your sense of how sequester is affecting our national security? >> well as everybody knows the problem with sequester is not so much the amount of money being cut as the way which it is cut. it is evenly across the board without regard to priority what is is more important and what is less important. with some flexibility i think some of the damage here would be mitigated but the way it is playing out now you have to cut equally from programs you can frankly afford to do some cutting from and also from those that are very important to our national security. jenna: one of the reasons that secretary napolitano said there were some of these illegal immigrants being released because it had to do with where the money was being cut. you were secretary of the department of homeland security when the bush administration's controversial catch and release program was happening. you ended that program. is what we're seeing today catch and release, all over again? what do you do think about

it? >> i don't think it is catch and release because i don't think it is the policy of the department to deliberately release people. i think they're trying to manage a couple of things. one is the impact not just of sequester but a continuing resolution that hasn't been passed yet and the other is just trying to consider generally as you balance your resources how to focus on keeping the most significant threats in detention. but there's no doubt that having some kind of a ledgetive fix that would give the secretary the ability to move money from one account to another would give her a better tool to use in managing this risk. jenna: so why do you think it's a money issue rather than a policy issue of this administration? >> i have to say the consistency we've seen since my time in office and going through the current secretary's tenure has been to actually increase and step up border enforcement. there has been a steady increase in resources at the border and in technology at the border. there has been a decrease in the net inflow of people

illegally crossing. there has been some pretty tough detention across the board over the last seven or eight years. so i'm not seeing in this some deliberate decision to decide you're going to reverse the current detention policy. i think it is rather a budget issue which has to be tackledded sooner rather than later. jenna: your opinion is valuable on because you lived through this. you understand the constraints of budget. i was listening to your conversation this morning at the "politico" event and it was interesting to hear some of the issues that you all faced when it came to limitations of congress. having no broad immigration policy. having no budget, for example. these are no doubt big things that the american people understand. not having a budget is a big deal. but what are we supposed to do in the absence of those big policies that are not getting through congress? what are we supposed to think? >> well, i mean, i think people are rightly disappointed about the inability of our on both

sides of the aisle to be able to move pieces of legislation that i frankly think have pretty broad bipartisan support. a lot of it gets entankmented up in some of the process. without that you have nibbling on the edges. the executive branch trying to remanage with resources that are not just diminished but uncertain. without a budget you can't do the planning in terms of acquisition and deployment of people you want to do in order to manage your money wisely. jenna: real quick here. ten years of the anniversary of the department of homeland security. you're working in the private sector as well. in your opinion with the new technology we have is the department of homeland security effectively and efficiently matching the threat that we face today, or, has it grown bigger and less efficient over the years and might be part of the problem in the financial situation that we're in as a country? >> you know i think the department has matured and has done an effective job of

keeping us safe. the proof in the pudding we have not had a serious terrorist attack in this country 9/11. the one exception is major nidal hasan at fort hood. that is positive measure of success. the technology is changing. one of the areas we all acknowledge this morning, all three secretaries we need to do more work in, streamline being acquisition, making it easier and quicker to get technology in place. look, the bottom line it is hard to prove the value of what doesn't happen but i guaranty when something bad does happen everybody feels it right away and they understand the importance of preventing it. jenna: every up with one is talking about leaving the shoes on getting on the plane, right secretary chertoff? we talk about the big issues. what about my belt? let's hope technology replaces that. >> meantime everybody is working on it. jenna: secretary, nice to have you today. thank you so much. >> thank you. jon: big news in washington today as the president announces he will nominate three new members for his

team and as new people are named to head federal agencies that have played controversial roles in this administration we're also getting a clearer picture of what budget cuts could mean for the american people as the political fallout from the sequester continues. senior white house foreign affairs correspondent wendell goler is live at the executive mansion. tough time to be nominated budget director, huh, wendell? >> reporter: is in fact, jon. you start under orders to cut a the budget deficit without ways to do it. after the president friday night after he and republicans in congress failed to reach a agreement how to cut the deficit. sylvia matthews burr well-was part of a administration team that produced a budget surplus when republicans controlled the house. she is stuck as omb director stuck with budget cuts each side already made a issue. >> we cut of deficit $2.5 trillion, $3 of spending cuts for every dollar of

revenue. now the president puts an offer to speaker boehner on the table in december, even though the speaker walked away from the negotiations he kept that offer on. >> we've got to begin to cut spending and we promise the american people we would do it a year and a half ago and we're going to do it. >> reporter: she is to head the office of management and budget. she is currently head of the wal-mart foundation, jon. jon: what about the other two nominees, what can you tell us? >> reporter: each will head an agency that raised controversy in the obama administration. mit professor ernest monise is the choice it head the energy department which is criticized for approving a government-backed loan for solar panel maker solyndra and doubling down to provide more money before solyndra went bankrupt. gina mccarthy is the epa assistant administrator for air and radiation. she will take over the administration under intense skrut from republicans who are afraid of greenhouse gas

welations. there will be tough talk in those confirmation hearings. jon? jon: fireworks ahead on capitol hill. wendell goler from the white house. wendell, thanks. jenna: that never happens. fox news weather alert now. a winter storm watches and warnings in place ahead of a storm some are saying could be the biggest of the season. maria molina is live from our fox weather center with more. maria? >> jenna, good to see you, speaking of capitol hill that storm system we're tracking across the north and central is actually headed into that direction and could be producing some pretty significant snowfall across the d.c. area and the baltimore area, possibly over five inches of getting into wednesday but right now the center of the storm system is actually starting to exit the northern rockies and starting to move into sexes of minnesota and the -- sections of the minnesota and dakotas. we're seeing it impact sections of northern illinois and areas across wisconsin and minneapolis is dealing with the snowfall. we have winter storm warnings in effect as far as east as the city of chicago

because we are expecting significant snowfall and also the wind is going to be an issue. we're going to be seeing gusts over 20 to 30 miles an hour at times and that will produce winter storm conditions dangerous for any traveling along the roadways and we'll likely see the delays as well. blowing snow will be a concern. winder storm watches in effect across indiana, ohio and d.c.-baltimore area including places across virginia and west virginia. some of the higher elevations could see over a foot of snow. snowshoe, west virginia, six to ten inches of snow is the forecast. over six inches forecast in the city of chicago that is actually or could be the biggest snowfall we've seen so far this entire season. if we do get over five inches of snow in d.c., jenna, actually not so bad. we're in a snow deficit right now in d.c. keep that in mind. jenna: no snow day for congress? they can't use that as an excuse? >> i don't think so. we'll see. jenna: exactly. maria, thank you. >> thanks.

jon: for weeks we've been hearing about the potential fallout from $85 billion in spending cuts including furloughs and layoffs, even longer lines at airports. what about the political risks though to president obama? coming up we'll talk about why this bitter sequester fight could make or make the president's second term. plus new warnings of a massive cyberattack in the works targeting many of our banks, all at once. what you can do to protect your money i'm a conservative investor.

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i'm overprotective. that's why i got a subaru. love. it's what makes a subaru, a subaru. jon: right now as the blame game continues in washington over the $85 billion in sequester cuts, some experts are warning of the political impact the drawn-out fight could have on the president's second term. abc news political director laying out the risks to

president obama's credibility saying in part, the president is in the awkward place of rooting for it to be felt as he and his administration predicted. at stake is the president's credibility. in the latest round of the seemingly endless budget wars which seem poised to dominate his second term. let's talk about it now with bob cusack, managing editor for "the hill." do you see it that same way, bob? this president does not seem inclined to compromise with congress it comes to their desire for spending cuts? >> that's right, jon. very different from the first term, democrats on capitol hill were furious with president obama and negotiating skills on one deal. speaker boehner credit he got 98% of the what he wanted. obama is taking a tougher line but he does have a tough argument on the sequester. basically he is making the case this is slow-moving catastrophe. that is hard sell. we haven't seen any signs of it yet. a lot of furloughs won't go into effect until april.

it remains to be seen what kind of effect the sequester will have but this could hurt obama's standing because they made that case that this was going to be very difficult. we'll feel the effects. on friday they had to backtrack and president saying this will not be the apocalypse. jon: so he has lost credibility? >> i think on the sequester fight he stumble ad bit. the administration got into a needless fight over bob woodward over the sequester. that was a distraction. they had to backtrack on the effect it would have, at least the immediate effect of it. president obama is doing pretty well as far as the poll numbers. he clearly won the fiscal cliff battle with republicans but that was more because of republican missteps than what obama did. so remains to be seen. i think the biggest fight upcoming will be the debt ceiling fight. obama said he is not going to deal on that. i wants a clean increase in the debt ceiling. republicans on capitol hill see that fight very differently. they want spending cuts. jon: we'll ask senator john cornyn about that coming up but we seem to lurch from

fiscal crisis to fiscal crisis right now. i can't remember, you know, a time in this nation's history when it has been from the fiscal cliff to the sequester and, another debt ceiling fight. it just seems to have happen every couple months now. >> absolutely and we have one this month, march 27th. we'll have to decide what level the government should be funded at. if there is no agreement, then the government would shut down. both the president and republican leaders say they don't want that i think they will avert a government shutdown but you never know. almost monthly, and certainly i think this summer will be once again the biggest fight on the debt ceiling. we've seen that movie before and we're going to see it again when the weather gets a little warmer. jon: seems that the president believes voters will side with him and give him a democratic house two years from now. we'll see how that strategy plays out. bob cusack, from "the hill", thank you. >> thanks, jon. jenna: growing concerns over global threat as we hear new warnings for iran to come back to the negotiating table on its nuclear

program. up next senator john cornyn tells us why he is sounding the alarm and explains why a nuclear-armed iran could mean game over. that's next

jon: now to the nuclear threat from iran. as secretary of state john kerry warns time might be running out for that rogue nation to return to negotiations and sees what many believes is tehran's single-minded pursuit of nuclear weapons. >> it is absolutely not unlimited. talks will not go on for the sake of talks, and talks can not become an instrument for delay that in the end make the situation more dangerous. so there is a finite amount of time. jon: with a diplomatic solution nowhere in sight,

one lawmaker is warning what he says could be a truly catastrophic situation if iran successfully builds a nuclear arsenal. >> if iran goes nuclear it could be the ultimate game ender for the middle east. if you think about the, how draws dangerous the region is now, just wait until iran trigger as nuclear arms race. wait until it block aids the strait of hormuz. just wait until it annexes iraq. in short, stopping the iranian pursuit of nuclear weapons is not optional. jon: those were john cornyn's remarks yesterday. he is the minority whip and texas gop senator, and he joins my now in studio. thanks for being here. >> thanks, jon. jon: tough talk from john kerry but the iranians heard that before, haven't they? >> the centrifuges continue to spin and they continue to try to develop a nuclear weapon. that's why i said this could be a game-ender, not a

game-changer. some suggested that we could possibly contain a nuclear iran but this is not a rational nation-state. this is one bent on the destruction not only of israel but it would cause a nuclear arms race in the middle east that would make that place even more dangerous than it is today. jon: how do you assess the obama administration's attempts to contain iran and contain its nuclear ambitions thus far? >> i believe we need a credible position and that means that all options are on the table. and no one wants to suggest that the military option is the first option. i don't believe that, it shouldn't be but it awed ought to be credible thought using every option on the table while we con intin our diplomacy. diplomacy doesn't work if your political adversary or national adversary like iran believes you won't resort to that. it needs to be credible and iran needs to know we mean

business. >> as you and i are speaking, vice president biden is speaking to the aim aipac convention you spoke to. he said, make no mistake, we will not allow iran to get a nuclear weapon. how could he be so sure? >> talk is cheap and secretary hagel, recently con as secretary of defense you recall during the confirmation hearing had a little problem saying what the policy of the u.s. government was. finally the third try said our policy was not to try to contain a nuclear weapon but to prevent them. i think all of this ambiguity receipts perhaps, emboldens our perhaps if they keep pushing the line they can get away with it, and that is very dangerous for us and our allies. jon: all of this touches on the sequester battle. there was a nuclear aircraft carrier that the administration now says it doesn't have the money to send to that part of the world. let's take a look at a graphic of the sequester spending, the red line

you're going to see here, versus what had been planned without sequester. the blue line, up on top. federal spending, senator, still going up and really the sequester almost looks like a drop in a bucket. i hate to say that about $85 billion but that is how it looks? >> that is what happens with all the chicken little talk suggesting that the sky is falling. it represents a 2.4% cut in what has been a 19% increase in federal spending just since president obama has been president. now, all of us could agree this could perhaps have been handled better if it had been planned for and if flexibility had been provided to manage the accounts and the money but the president said it wouldn't happen. he had no alternative to the sequester, other than to raise taxes again after the fiscal cliff negotiation. and really what the, what the federal government has been asked to do is what the american people were asked to do january the 1st with the president's payroll tax increase where an additional 2% was taken out of

everybody's paycheck the federal government can deal with this in a sensible way. there is better way to do it but not if the president won't sift down and negotiate with us without tax cuts or tax increases. jon: bob cusack says this president does not want to concede anymore to republicans. he feels like he already conceded enough and it will not happen again. >> this is going to be a big problem for him because as he lurch from manufactured crisis to manufactured crisis and we're not through yet, this is going to mean that president obama's second term agenda that he talked about in his state of the union and in his inaugural address are going to be crowded out by all of these fiscal crises. now there is an alternative and one that would preserve the safety net for the most vulnerable, one that would make sure that we private and pretech medicare and social security for the future but not if we stay on the current unsustainable path. so it is bad for the president's second term agenda. it's bad for the most vulnerable and in our

society, and it is bad for our economic growth and job creation. jon: we all hope it changes. senator john cornyn, republican from texas the senate minority whip. thanks for being with us today. >> thanks, jon. jenna: the new rules what the fed are proposing what food and drinks your kids could have and why it would cost millions and millions of dollars. that is coming up. the jody arias murder trial. she remembers time and time again, she doesn't remember shooting her lover. could she be setting up a bracout defense new honey bunches of oats greek yogurt and whole grain. here we go. honey cornflakes and chunks of greek yogurt. i'm tasting both the yogurt and the honey at the same time. i'm like digging this yogurt thing. i feel healthy. new honey bunches of oats greek.

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jon: all right. regulation nation time. the again taking aim at children's school lunchs. proposing now limits to the size of beverages and some new restrictions on food items. shannon bream has her cafeteria tray full. she is live in our washington bureau. shannon? >> reporter: jon, schools across the country are pouring over the new proposals figuring out how much time and money it will cost them to comply should the regulations be fully implemented t would crack down on the kind of snacks and drinks they could provide for students including things like juice. for students in elementary school, those juice drinks would be capped at eight ounces. for middle and high school students the limit would be 12 ounces. there would be 200 calorie limit on most snacks and vending machines could get a serious makeover.

the american action forum estimated new regulations could cost schools $127 million and require more than 926,000 hours of paperwork in order to get them into compliance, generate yet another unfunded mandate from a federal agency. >> if you add these two school lunch proposes, if you add the prison reform rule which was finalized last year and the burdens of the affordable care act, you have roughly $20 billion in unfunded mandates over the next few years for states and local governments. at a time when many of their budgets are still struggling. this is an additional $20 billion hit. >> reporter: the usda says quote, at least 39 states currently have some kind of snack food standard already in place and thousands of schools have already taken voluntary steps towards meeting the proposed standards. now this proposed rule is currently open for public comment at regulations.gov where you can check out the more than 60,000 additional proposed regulations the government posted -- 6,000,

in just the last 90 days. jon? jon: how many calories in a peanut butter and jelly sandwich? you happen to know. that is what got me through school. >> reporter: i have to think it is north of 200. the rolls we serve on trace is more than 200 calories. it will take fancy footwork to comply. jon: what a concept, what a country. shannon bream, keep an eye on it for us. >> reporter: will do. jenna: no juice? jon: no juice. jenna: we're awaiting more testimony from jody arias at her capital murder trial. she already spent five grueling days under cross-examination where the prosecutor kept hammering her over what he called her repeated lies about the stabbing and slashing and shooting death of her lover, travis alexander. the prosecution claims she killed alexander in a jealous rage. her attorneys say it is self-defense. arias seems to be holding firm under questioning, several times saying she simply didn't remember the details of the killing, adding she may have even

blacked out. >> there are some things that have come back over years. but nothing, i don't know if those are things that i'm thinking of from before or, if it is that day, it is confusing, sir. like a huge gap, like i don't know if i blacked out or what. there is a huge gap, and, the most clear memory that i have after that point is driving in the desert. but there are certain little things that have come back like pictures in my mind that have come back since then. jenna: so could there be a some sort of blackout defense for arias that saves her from the death penalty? joining us dr. daniel bober, a forensic psychiatrist. nice to have you back with us. we were in the middle of this conversation on friday when we got interrupted by something called sequestration. thanks for coming back with us. >> thanks, jenna. glad to be here. jenna: separate from this

case, when someone blacks out is that, does that really happen? and what happens if someone blacks out? what don't they remember? >> well, blackouts are typically associated with alcohol. that is, drinking of a very large amount of alcohol in a very short period of time. we generally lose memory for events that occur after the drinking episode. so typically a blackouts per se are associated with alcohol specifically. however, people who undergo severe psychological trauma can lose their memory for events that occurred during the trauma or even fragments of memory that occurred during that time. however in this particular case i don't think it really applies because jody arias is a liar. she has changed her story at least three times. and she did a lot of things after the commission of the crime to cover her tracks, including throwing the digital camera in the washing machine. dumping the gun in the desert. trying to dispose of her clothes. a lot of what she did were

attempts to conceal the crime and it didn't seem that at the time she really had blacked out because she changed her story so many times. jenna: interesting. let's talk specifically about the blackout that she is describing where she says she doesn't remember so many parts of the tee tail of this murder, which -- detail of this murder which she admits she killed the man. in a true blackout would you be so absent of memory that you wouldn't know what to cover up? >> in a legitimate blackout you can lose memory for the entire event or for fragments of the event that is a blackout. again it usual is associated with alcohol specifically. jenna: so, basically you're saying, because she remembers so much after, and so much before, the fact that she could be completely absent of the crime itself doesn't make sense? >> it is really common sense. i mean if she had blacked out she could have said from the beginning, i had know something happened but i don't really remember. but instead she initially

said she wasn't even there. then she said it was two different intruders. and now she is claiming self-defense. if she said she blacked out from the beginning there may be some creditality there she has lied some times already, i just think it is a really hollow defense. jenna: real quickly here, doctor, we've seen her go through so much on the stand. she has basically been on the stand for two weeks. what are you going to be watching for next? towards the end of last week she started breaking down. there was a lot of tears. she was having a hard time composing herself. what will you be watching next as we see this new week and more testimony from this woman? >> well, i think the defense's approach is not working. so i think they're very desperate at this point. so it will be interesting to see sort of what tricks they pull out of their hat to try to come up with to cover up for something that at this point seems all too obvious. so i'm expecting a lot more tears, a lot more defensiveness and we'll see what happens. jenna: you think that is working for her. >> you think that is

creating some sort of bond with the jury seeing her emotional on the stand? >> i think the time she spent on the stand she develop ad bond with the jury. whether that bond will be enough to you spare her life remains to be seen. jenna: doctor, thank you for being back on the program. thank you for your time today. >> thank you, jenna. jon: former republican presidential nominee mitt romney's wife ann, said the media never gave him a fair shake leading up to the election. the couple sitting down with fox news for their first post-election interview. are the media to blame for the romney loss? our "news watch" panel weighs in. our personal bank account could be under attack in a major hacking campaign on u.s. financial institutions. the warning most americans need to hear. >> there's planned mass fraud campaign. so there will be a uptick in fraudulent transactions against every american. [ loud party sounds ]

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jenna: america's banks and

all that use them, which is us, bracing for an onslaught of cyber attacks. mcafee labs outlined the threat from project blitzkrieg months ago. it is working hard to try to minimize the impact. what exactly are we in for? we heard the story before but the specifics are truly shocking. fox business network's adam shapiro sat down with a top cybersecurity expert for mcafee and here is what he learned. >> the whole idea behind project blitzkrieg is get as many accounts compromised in a short period of time, which means they will target average americans no matter how big or how small. they will be transferring probably a couple hundred dollars from a large number of victims across the u.s. they will transfer it to other accounts who are actually willing accomplices in a money laundering scream. jenna: joining us now, morgan wright, cybersecurity analyst and former advisory to the state department anti-terrorism assistance program. morgan, we talked about this

project before. is it completely unstoppable? will it be happening no matter what? >> well the good news is, the bad news is it is going to happen. the good news is you can take steps to prevent some of this from happening. what they will do is exploit vulnerabilities in your operating system, in you, the consumer and your online behavior. jenna: talk a little bit about that. if we notice we suddenly had no money in our bank accounts. but a few dollars here and there, we might not notice. so what are we to do when so many of us are doing almost all of our banking online? >> well, look we live our life in the cloud as they say, we're online. there are a couple things you can do, number one, if you don't have a credit monitoring service or something, get one of those. there are many of them out there. number two, make sure you have a anti-virus program up-to-date. you use strong passwords or strong pass phrases. encrypt the wireless network. if you want to be online and want to bank you need

responsibility to do two or three things. that includes sledding credit card statements or bank statements you throw in the trash. there are variety of things you can do, one thing in of itself may not totally protect you but combined give awe pretty good umbrella of protection. jenna: couple good things. get a credit report. make sure virus software is up today to date on the computer. how are they getting to us, morgan? how, whoever the attackers are getting through some of the biggest banks, with best security directly to your every day customer? >> they're walking in the front door just like a lost friend. what they do, we learned this from the report they put out on the chinese. this is favorite target of cyber criminals. they get you through e-mail or things like spearfishing or phishing. you click on attachment. you trust it. that is the method of infection. cute video is watch my puppy. it is not at video. it is in the background

installing something to compromise your system. jenna: refuse to watch videos of puppies, you wouldn't think that would be criminal. you would think this is spam or something like that. a good word to the wise. adam in his reporting that learned that we expect this to happen, this project blitzkrieg in the next 30 days. is that the timeline you're familiar with? in that timeline is there enough time to put up the right defenses? >> yeah. i mean the good news is, you do have enough time. you know, one of those things. that's what they say but they're criminals. so do you trust criminals? this is actually a very good marketing mechanism what they're doing. they're talking a lot about it. the bad news, a lot of people even though they watch this or watch other accounts of this will not take the necessary actions to prevent this from happening. and they're going to become a victim. if only i had just done this. don't be a victim if only. take a few basic steps. whether it happens tomorrow or the next day. you have enough time right now to take some steps to defend your digital turf. jenna: if you do not bank online are you safe?

>> well, you're safe from the standpoint of you being the victim of it. you may not be safe if the bank is victim of it and your account is one compromised. if you're a consumer you will get protection. if you're a business, a business or small business you don't have the same protections that consumers have. it is just not there with credit card fraud and stuff like that. small businesses, other businesses definitely need to be very proactive in defending their online banking. jenna: morgan, great to have you on the program. some good tips for us today. we appreciate it very much. >> you bet, jenna. good to see you again. jenna: thank you. jon: why don't you give me your password and i will check your balances? jenna: that is the last thing i need, jon seeing what i purchase on a regular basis. jon: all right. lawmakers in illinois are actively opposing new efforts to curb the gun violence rocking chicago. why the state's budget cries could play a role in the violence on the streets in the windy city. >> a sinkhole that already claimed a man's life is causing more heartache as a

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jenna: breaking news from israel on iran's nuclear program. he famously held up a diagram at u.n., saying iran was fast approaching the red line but israel prime minister benjamin netanyahu was just speaking to the pro-israel lobby here in the united states, aipac. said iran has not reached the red line yet though they're coming closer and closer. he went on to say the sanctions in place haven't worked and a credible

military threat is needed to stop iran's nuclear program. now moments before the prime minister from israel just made those comments we had our vice president joe biden also speaking to the same group and here's what he had to say. >> he always says, you know, we'll turn to other people and say, as joe would say. he would make fun, as joe would say, big nations can't bluff. big nations can't bluff and presidents of the united states can not and do not bluff and president barack obama is not bluffing. [applause] he is no not bluffing. jenna: not bluffing in saying that the administration will do everything they can in their power to keep iran from going nuclear. benjamin netanyahu saying moments ago to reuters that iran is using some of the negative shuns -- negotiations with world powers including the united states to run out the clock. we'll keep you posted on anymore news out of aipac

and otherwise here on "happening now". jon: in florida, right now, crews are trying to get a better look at the sinkhole that swallowed a man alive in his own bedroom. patti ann browne is following the story from our new york newsroom. >> reporter: it is a terrible story, jon. it has been three days since a man was buried alive when a sinkhole swallowed up his bed when he slept. they say the remains will not be found and the sinkhole is too deep and unstable and 36-year-old jeff bush is presumed dead. the hole is 20 feet wide and more than 50 feet deep. it opened up thursday night sucking in a house from tampa, florida. jeff's brother jeremy tried to pull him out of the enormous hole. he tried to rescue himself and i was pull the but out emergency crews. >> my 2-year-old daughter is asking where is jeff? let's dig jeff out of the home? let's go home. i have no home to go to. >> reporter: jeff and jeremy

bush lived in the home with his girlfriend and young daughter hanna and two other people. the home had been in the family for generations. the focus is demolishing what remains of that house and salvaging some sentimental items, an american flag, a teddy bear, some photos and the family bible. as firms try to clear the debris of this home, jon, they also have to decide what will happen to the homes on either side of it. experts say the homes are compromised. it is not clear whether they can be stablized or whether they too will be destroyed. jon: what a strange story. it opened up right underneath the house. >> reporter: they say it is rare. never happens under a house like that. jon: wow, patti ann browne in the newsroom. thanks. jenna: growing safety concerns in the city with the highest murder rate in the nation. chicago would like to see stricter gun laws when it comes to illegal possession but with the state government deeply in debt, prisons bursting at the seems and a lack of support outside the windy city, paying to the new regulation may not be possible. mike tobin is live in

chicago with more on this story. >> reporter: jenna, the latest push from chicago leaders is interesting because it deals strictly illegal weapons. what chicago leaders want is minimum mandatory sentence for illegal possession. those are the guns used on chicago's mean streets where violence is a part of almost every night. city leaders want 3 1/2 years for possession of an illegal gun. also truth in sentencing laws which would guaranty a convict won't get back on the street after doing just a fraction of his time. >> when you commit a serious gun offense you should serve the time. the victims deserve it, the public demands it, and the criminal justice system should deliver it. >> reporter: here is where it gets difficult. convicts stay in state prisons which are overcrowded. they're so overcrowded six illinois prisons have prisoners bunking in the gym. guards are complaining now that they are at risk because they are so understaffed, and

outnumbered by the inmates. so will know deeply in debt, you have lawmakers down in springfield and down state illinois not so the receptive to this push from chicago. one state senator called it an unfunded mandate with the rest of illinois bearing the burden for chicago's problem. jenna? jenna: mike tobin live in chicago. mike, thank you. >> reporter: you got it. jon: a california retirement home is defending a nurse who refused to perform cpr on an elderly woman who collapsed and eventually died. how could a health care professional refuse? coming up we'll debate the legal fallout for the nurse and the facility. plus a daring heist. masked men going after an armored truck with ak-47s. the amazing video just ahead. this day calls you.

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jo brand-new stories and breaking news this hour. new evidence that two countries that do not have america's best interest at heart are forging closer ties following a very disturbing discovery. what is china and iran, what are they up to? we'll talk about that coming up. shock after caretakers at a nursing hom home refuse to perform cpr on the woman who stopped breathing, the horrifying emergency call that has a 911 operator begging a nurse to save the woman's life. also caught on tape, robbers targeting an armored truck in broad daylight and shots ring out before this all ends. it's all "happening now." the president names a new budget director today as automatic spending cuts kick in. now there is a new deadline on the way, this time it's threatening a complete and total government shut down. a lot to look forward to. welcome to brand-new hour of "happening now," everybody, i'm jenna lee. jon:

i'm jon scott. president obama said the sequester cuts would never happen, but obviously they did. now the white house says there is no need to talk of a government shut down. but there won't be any money for the government to spend unless house republicans and senate democrats can workout a deal by the 27th of march. bret baier is the anchor of special report. he joins us now. everything i'm hearing, bret, is that they feel they will get this one solved in time, are they? >> well, jon, that is what the president signaled on friday at his news conference, that's what republicans are saying now, but there is still a long way to go until we get to march 27th, which is the deadline for the continuing resolution, that's the funding for the government. there are talks ongoing, and it i seems like the talks are going well. you're right, there is no bulging on the republican side when it comes to increasing taxes. you've heard house speaker john boehner saying the president got his tax increase on the debt

ceiling deal, where he got a tax rate increase of $600 billion. and while he tried to get another deal that increased taxes by essentially closing loopholes and deductions, that didn't happen. the next battle, if it's not the continuing resolution battle, would be a debt ceiling battle, that follows that one. we always have another spot on the calendar here in washington, another fiscal cliff, another month away. jon: are republicans feeling emboldened because of what happened with the sequester? i mean the president and especially his cabinet secretaries made all kinds of assertions, many of which turned out to be false about what would happen if sequester kicked in. it's here, we are all living under it and so far at le the results have not been all that onerous. >> they do feel emboldened. talking to some republicans on the hill they feel the

administration over shot in trying to talk about the sequester and the impacts, and that they would happen in this bold way. and then to hear the president in the final days of last week to have to walk that back and say, no, it's not going to be a cliff, it's going to be a tumble, it's going to take weeks if not months to feel the impact. so some republicans feel that they did have a win, and that the administration took a credibility hit, especially toward the end of last week, but there is a lot of split within the republican party about how to go forward here. there are some that want to go forward and just get this deal done on the continuing resolution, but there are some in the republican party especially in the house who really want to push forward on more cuts to make the size of government smaller. and understand that if the continuing resolution increases the size of government, and somehow absorbs the sequester,

and the net increase is more than the sequester cut, and i can do this with a lot of boards and chalkboard better than i can talking about it, but if you have an increase in the money, minus the 85 billion tkpwhrar dollars that was supposedly cut from the across the board sequester there will be a lot of republicans, especially in the house who are very upset. jon: thinking about it, i mean the sequester numbers $85 billion that is less than one tenth of the stimulus program passed four years ago earlier in the president's term. >> it's about 2.2.3% of the budget, and in the big picture not a huge number. and when you even look at the continuing resolution it's not a huge number, what they are talking about for fund being the government for the rest of the year. jon: i know you have the afternoon

dedicated to preparing your charts and tkpwrafrt tpwrafts grafts for special report. we'll let you get to it. watch bret baier each weekday evening 6:00 eastern time fox news channel. jenna: the president's pick for the cia is facing fierce resistance to find out what happened during the benghazi attacks. the senate committee set to vote tomorrow on the nomination. our chief intelligence correspondent catherine herridge is live in washington working with story. what are we learning about the latest documents providing to congress. >> some of the documents were so heavily redacted they were worth will he. one senator apparently disgusted that the intelligence committee was even given the documents looking like this. two leading republicans laying out what the house need to do on sunday talk shows. >> i've had questions, written questions for mr. brennan for

nearly three weeks now and have not received a single answer. i think that we deserve at least an answer to those questions, and i have some questions about torture. >> and they also want transcripts of interview with benge survivors who told the fbi two days after the 9/11 attack that there was no demonstration, which conflicted with the obama administration's explanation that the attack was the response to an anti-islam video that spun out of control. >> i think benghazi is exhibit a in a failed foreign policy. leading from behind is not working, and we are trying to find out what happened on that night so we won't have any benghazis, and i'm in the going to vote for brennan until the cia who said they did change the talking points let's us know who did it and why and we have a picture of what happened in realtime in benghazi. >> benghazi is only one of the obstacles, jenna. jenna: is this purely a partisan issue at this time? where are the senate democrats on brennan. >> reporter: fox news is told that there are 11 government legal opinions on the use of

drones only four have been provided to congress on a limited basis. as of late friday there was no firm time table for the rest to be provided. dianne feinstein told fox that she is quote assured the second set of documents is forthcoming. saying i believe he'll, that's brennan will get out of committee. a swing vote sends says he urges every document before tuesday's vote. senator rob wyden did not immediately response to fox a' questions. >> this is a big deal for this white house. there is a bi-partisan push now for the memos. >> reporter: the administration is working with congress but gave fox no timetable adding it was unacceptable for nominees like brennan to be held up for quote unreasonable reasons. they say they are trying to do their basic oversight function, jenna. jenna: we'll continue to watch

the story. thank you. >> reporter: you're welcome. jon: a huge and positive development in the fight against aid to tell you about. researchers say a baby born in mississippi appears to have been cured, cured of the hiv virus. that marks only the second documented case in medical history. the first an adult man known as the berlin patient, was cured after a bone marrow transplant in 2007. jaime colby live in our new york city newsroom. >> reporter: it's nice when you get good medical news. this is how the story started. the baby's mom didn't seek proper prenatal care, she didn't even know she was hiv positive. so when the baby was born given the risk not wanting to wade test results the baby's doctor decided to use an aggressive course ever treatment, which was more than normally they give to hiv infected infants. two and a half years later here we are, doctors are declaring that the child's virus was undetectable leading to the scientific conclusion that she has been cured. the doctor that took care of her

is dr. hanna gay from the university of mississippi. she grew concerned when the now toddler hadn't returned for any follow-up care even sending child protective services out to find the child much her mom had stopped her treatment and on retesting with the virus essentially gone dr. gay was so surprised she went back to see the results of the initial test given shortly after the baby's preventative treatment began, those were all positive for hiv >> my first thought was to pan i shall. i thought, oh, my goodness, i have been treating a child who is not actually infected. >> thain the u.s. we've seen less and less base, it's dropped dramatically, but worldwide an estimated 300 to 400,000h, sreurbgs infants are bone every year and 90% of them are in resource-poor countries like africa. scientists insist that more research will be done to see what if dr. gay prescribed to this baby will become the routine course of treatment to

infants born of hiv moms. those moms have a 15 to 45% chance of passing the virus onto their child. what is really significant here, jon is it makes this cases specially unique is until now hiv patients, adult or pediatric, doesn't matter, very have to maintain some course of drug therapy for their even ire life and this young girl actually had stopped treatment for ten months and they say the virus is all but gone. jon: all kind of good news in this story, jaime. >> reporter: it rile is. jon: thank you. what does this mean for the hundreds of thousands of babies born each year all over the world with hiv and for adults who have the disease. dr. manny alvarez joins us in a couple much minutes. jenna: back on the stand with her life on the line following a dramatic cross-examination. the latest from the jodi arias murder trial today. of course the young woman who admits she killed her lover but claims it was self-defense. prosecutors say she killed him

in a jealous rage. which story will the jury believe? a live report ahead. plus a retirement home nursery fusing to perform cpl on r on a woman who collapsed and wasn't breathing, even as an emergency operator begs her over and over begin to save this woman's life. our legal panel weighs in just ahead. >> we need to get cpr started that is not okay. let me -- >> yeah we can't do cpr -- >> hand the phone to the passerby, anybody there can do cpr. give them the phone, please. i have a cold, and i took nyquil, but i'm still stubbed up. [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] alka-seltzer plus liquid gels speeds relief to your worst cold symptoms plus has a decongestant for your stuffy nose. thanks. that's the cold truth!

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omit information about how the could was negligent in hand hreupbghandling the explosion. it could face millions of dollars in fines and damages under the clean water act. jenna: the jodi arias murder trial getting underway at any moment with arias expected to take the stand today. the prosecutor concluded his aggressive cross-examination on thursday. it's now the defense's time to respond to all of that. she is facing the death penalty if convicted of murdering travis alexander back in 2008. arias claims it was self-defense, the prosecutor says she killed her boyfriend in a jealous rage. dominique d-natali is live in los angeles with the latest. >> hey, there, jenna. she will be dealing with the much friendlier face of the defense team after a total roasting by the prosecution that bordered on the theatrical last week. the county attorney reduced arias to tears on thursday east used his bull-dog style of

cross-examination on the death of her boyfriend tral advisal exapbd der. martin has questioned every detail of arias' story, how she took a photo of alexander in the shower moments before she killed him. there was one relentless question after another. >> were you crying when you were shooting him? >> i don't remember. >> were you crying when you were stabbing him? >> i don't remember. >> how about when you cut his throat, were you crying then? >> i don't know. >> reporter: arias claimed that travis had body slammed her but martin has positioned his own body in the courtroom to show how his interpretation of what travis would have looked like in order to collide against her, there we go, and suggested it would have been very awkward, a very awkward position for him to hit her. jenna. jenna: we saw the prosecutor there just moments ago. the defense team, what is their mission today? >> reporter: well, martin has wrapped up his cross-examination, so it's

recross today. arias' attorney today will attempt damage limitation from her testimony. she first denied having anything to do with it, then blamed it on masked intruders before set tinge on self-defense. it is going to be tough to defend and the prosecution is still aiming for a first-degree murder conviction and press for the death sentence, jenna. jenna: we'll continue to watch them as they step into the courtroom moments from now. dominic, thank you. jon: new evidence of a nuclear power teaming up with a very dangerous player in the middle east. what does china hope to get out of working with iran? our experts weigh in on that. also,. >> call the police, call the police: calls police. calls police. jon: the camera rolling during a brazen robbery in broad daylight as shocked witnesses look on. what these bandits were after. did they pull it off? hey, our salads. [ bop ]

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down under after a violent attempted robbery, shots fired, as bandits tried to hold up an armedder - armored car truck. it's all caught on tape. >> this is amateur video cannot be one hundred percent verified. it has been viewed by authorities that say it appears to be authentic and consistent with the events unfolded. it was a dramatic apparent robbery caught on tape outside a busy shopping center in sidney, australia. an armored car making a delivery to a bank when four masked men drove up and this is what a witness captured on the cellphone. >> let them see you have your

phone. >> reporter: that last sound was a gunshot being fired into the air by one of the masked men. another assailant hit a guard with the butt of a gun. authorities say this could have been a disaster since it happened in broad daylight in a crowded area. >> for something like this to happen at that time of the day, it's a concern whenever it happens, but with so many people around and a mixture of crowds and firearms, and offenders who may be desperate to get what necessity want. obviously there is a risk to the public. >> reporter: armed police were quickly at the scene sealing off the area. luckily no one was seriously injured according to the australian media. the assailants did not get money but escaped in a car. authorities are searching frantically for the men afraid they'll strike again. jon: patti ann brown at the breaking news desk thank you. jenna: new concerns about the puzzling partnership between china and iran after we just learned the united states navy intercepted chinese surface to air missiles on an iranian

boat. this apd off th happened off the coast of yemen but we are just learning about it now. there is concern that chinese hackers are breaking into the computer networks of u.s. companies and agencies as china likes to elude sanctions with regard to iran's nuclear program. joining us is gored son chang and elon berman. author ever teheran rising, iran's challenge to the united states. welcome to you both. gordon let's start with this particular incident being these arms that we found off the coast of yemen. how big is this business between iran and china, and arms smuggling? >> well china and iran have had a very durable partnership and it's not just small arms, not just these man-pads or man portable air defense systems, but it's also nuclear weapons technology and also through

third parties like north korea and pakistan we've seen a lot of nuclear technology go to the iranians from china this has been a partnership that's gone on for more than a decade and it's a very dangerous trade. >> elon what is the affect on iran's attempt to build a nuclear weapon? >> no, i think the attempt has been pronounced. if you talk to knowledgeable proliferation experts in the u.s. government they'll tell you that the type of corruption that china is providing to iran has a tremendous affect on iran's nuclear progress. if that cooperation was stopped you would at least have a temporary, significant slow down in iran's march towards the bomb. the fact that china hasn't really reigned in these actors, a lot of whom are state connected if not state controlled speaks volumes about how china is following the letter but certainly not the spirit of the international efforts to usual iran's nuclear drive. jenna: what is in it for china? why does china want to be involved in the middle east?

>> there are a number of things. first of all it wants to assure a steady flow of oil and natural gas. it wants to destabilize the united states, keep it tied down in the middle east and persian gulf while china can pursue eastern north asia and it's competing for russia for influence in the middle east as well. there are a number of different motives, most of them very central to china's foreign policy objectives. jenna: do you think china would like to see a nuclear-harmed iran? >> you wouldn't think so, but i think that basically the calculus in beijing is that iran is going to get the bomb anyway so they might as well have a good relationship with the iranians. this is very cynical of course, and very much i think it mirrors the same sort of calculus it has with north korea. also, you know, the fact that they do this really ties down american foreign policy. it makes us focus on the persian gulf rather than asia, and that is exactly what beijing wants.

jenna: what do you think of that calculation, elon, that china thinks they are going to get the bomb anyway so they might as well have a partnership. >> i think it's the right one. again, as gordon said very cynical. i think the economics here play a large role. china every year imports more oil from iran than the united states does from saudi arabia. so there is a heavy dependency there and it's one that the chinese have leveraged i think to good news jeo poe lit particularly because they have tied don't united states with the crisis over iran's nuclear program in the middle east but a lot of it stems from the fact that china needs iran in order to sustain a large portion of its economic growth. china needs iran as much as iran needs china. jenna: the onus is on iran. would it be more effective, now that we've seen these years of sanctions and negotiations and no abandonment of iran's pursuit eapons, they say nuclear power, but we believe nuclear weapons. would it be more effective to just forget about iran for the moment and completely focus on

china and if we cut that tie would we effectively strangle iran and its economy and nuclear program? >> yes, and no. i think the last year has seen a dramatic escalation of u.s. and ally pressure on iran's economy through new sanctions and new bans on financial transactions, but increasingly as you see iran shifting its economy, pivoting, just like we are to asia in terms of its interests, china occupies the central role. all roads in curbing iran's nuclear prarpl increasingly leading through china. jenna: you were nodding, gordon. why? >> well, because iran's economy just would not be able to sustain itself without khaoeupb haoes assistance. china buys a lot of oil and natural gas as elon points out, and also china supplies the main diplomatic support in places like the security council, the u.n. and the governing board of the international atomic energy

agency. iran gets a lot of its nuclear technology from the chinese, directly or in directory. iran would not be able to destabilize its region and the world were it not nor beijing. jenna: a very scary story hearing about the arms off the coast of yemen going potentially to an area where there is a hotbed of terror. the underwear bombing plot came from yemen, anwar al-awlaki was there, we can't forget that kind of threat to our national security. it's great to have your per speufbgt, and very interesting conversation, thank you. >> thank you, thank you. jon: the winter storm that is on the move now will affect millions of americans along with those already hit. meteorologist janice dean on who is next in its path. plus imagining this happening to someone you love, a nursery fuses to perform cpr on an elderly woman who stops breathing, because it's against the policies of the retirement home where she works. that victim later died.

the possible legal fallout and more on the 911 operator's desperate plea to get someone to try to save this woman's life. >> we can't wait. i keep telling people this. i don't know who is passed the phone again. i need the phone next to the patient immediately, she is possibly not breathing. m a cons. but that doesn't mean i don't want to make money. i love making money. i try to be smart with my investments. i also try to keep my costs down. what's your plan? ishares. low cost and tax efficient. find out why nine out of ten large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal.

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for many adults, humira is clinically proven to help relieve pain and stop further joint damage. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events, such as infections, lymphoma, or other types of cancer, have happened. blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure have occurred. before starting humira, your doctor should test you for tb. ask your doctor if you live in or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections or have symptoms such as fever, fatigue, cough, or sores. you should not start humira if you have any kind of infection ask your rheumatologist about humira, to help relieve your pain and stop further joint damag jon: a fox news weather alert. many of you can put those thoughts of spring on hold. another major storm is crossing the u.s. packing snow levels

that could rival anything we've seen so far this winter. meteorologist janice dean, live in the fox extreme weather center. did i see you clapping? >> reporter: i have to clap a little bit. jon: you love weather, don't you. >> reporter: well it's the snow. we love the snow. i know a lot of people are going, 16 days until spring, jon scott, but yeah we could get a snow storm that could rival the storms we've already seen in the past couple of weeks. in d.c. they are calling it snowquester, which i which is great. before it goes into the d.c. area which we think it's going to do it is going to move into the midwest. northern plains, midwest you could get 6 to 12 inches of snow in the next 12 to 24 hours. you can see that snow starting to fly across the areas of north today coanorth dakota, south dakota, minneapolis, chicago. chicago could get the highest snow totals in season.

we have a blizzard warning in parts of montana through north dakota with wind gusts in excess of 40 miles an hour. winter storm warnings from minneapolis down through chicago, some areas could get 6 to 10 inches easily. we will watch the storm really crank up across the mountains of west virginia in toward the d.c. area where we could get significant snow total out of this storm system for our nation's capitol. future radar 3:00pm tuesday still seeing that snow fly across chicago. if you're traveling, yes, you want to make sure you're calling ahead to all of your local airports. in through wednesday overnight there is the d.c. area south of that mainly a rain event, but then it's all going to transition over into snow for wednesday afternoon. even towards the northeast we could get snow totals, depending on where the storm track is. if the storm bombs out across the east coast we could get snow totals up towards new york and boston. one thing is for sure,

minneapolis, chicago, d.c. you need to be watching this one, and of course we'll keep you up to date from the fox news extreme weather center, jon. jon: you are going to be very busy in this week ahead it looks like. >> reporter: it's keeping us in business here at the weather department. jon: janice dean thank you. jenna: we are following a shocking case in california, a retirement home now defending a nurse who refused to perform cpr on an 8 seven-year-old woman who collapsed and stopped breathing. here is the 911 call where you can hear the operator frantically pleading with the nurse to save the woman's life. >> we need to get cpr started that is not enough, okay. let me -- >> yeah we can't do cpr -- >> hand the phone to the basser by, anybody there can do cpr. give them the phone please. i understand if your facility is not willing to do that, give the phone to that passerby, that stranger that has it then. this woman is not breathing enough, she is going to die if we don't get this started.

>> i don't know where he i he is. she is yelling at me and saying we have to have one of our residents perform cpr and i'm not going to do that. >> are you going to let this lady die? >> that's why we are kau calling 911. >> they are refusing cpr and let her die. as a human being is there anyone there that is willing to help this lady and not let her die? jenna: how could this happen? what resource does the family have? there is a nurse that is not providing cpr and she is dying there on the floor. brian silver is a trial attorney and defense attorney. chip merlin a trial attorney as well. brian, is the nurse, is the nursing home liable for this death? >> well, we have to see what the evidence tells us. first of all, let me say on a personal note i think the way this nurse conducted herself is morally republican proceed hencable. that said we now have a question of law, and when i analyze this case i see two overwhelming

issues, number one, what is the cause of death? in other words, did the failure to deliver cpr actually cause or contribute to this woman's death? and the thing that comes to my mind is, what if she had this massive brain aneurysm that caused her to bleed out internally where cpr won't have made any difference. jenna: they didn't try anything. they didn't do anything, they let her lay there on the ground and said we have to wait for the ambulance. >> if you listen to this tape very carefully, they even refused to go get somebody who would volunteer that could help out -- jenna: they said anybody off the streets. the 911 operator was like, get somebody, a stranger off the street and give them the phone and have them do cpr. and they won't do it. >> the 911 operators are trained that in somebody is not willing to do it to ask for another volunteer. indeed we have good samaritan laws throughout the states who protect rescuers who come and volunteer -- >> that wouldn't apply here. >> and they have those laws in

california. >> that won't apply here. >> they have them in california. even for nurses. jenna: brian you said it doesn't apply here? >> that's correct. you need to look at california health and safety code 1799.102, which explicitly takes out anybody who is given compensation from the good samaritan protection. that is an independent living facility with a paid nurse on staff and they get compensation. so they would not be protected by the good samaritan law -- dash. jenna: brian, so you're saying that this nurse won't be protected under that law if something went wrong when she was trying to aid this woman, and that's why potentially this employer would not allow her to do that. >> sadly that is my suspicion. i believe that this company saw itself stuck between being an independent living facility, which is basically a retirement home. these people aren't patients. and then of course sr-g having

the issue of what if, what do we do. they called 911. jenna: they do have a statement, glen wood gardens that talks a little bit about the policy. they say this in the event of a health emergency at this independent living community our practice is to immediately call emergency medical personnel for assistance and to wait with the individual needing attention until such personnel arrive. that is the protocol we followed. chip, you had something interesting in your notes, though, you say there is a fine print that we should all know about if p we are having a relative at a facility like this. what is it? >> absolutely. in their advertising, though, in their advertising, if you look at it, they advertise that they have trained, caring staff available, and any time they need assistance by request or otherwise that they will get it right away. that is in the advertising, yet when the senior citizens come there and the small contract that is sort of abate and switch, what they do is they have them sign a contract saying

if you're an independent living facility we will not provide anything. they advertise and promise one thing but when they have them sign the small print it's another. that's what they are relying on in this particular case. jenna: to chip's point should they not have a nurse on staff, then? if it was a reception tph*eus calling iist calling in and saying listen i can't do cpr, would that be a different store stphraoe. >> i think ship is taking it out of context respec respectfully. they have a person that can get help. kind of like a fire alarm, or burglary alarm that can call for the police. they have a tphurs on staf nurse on staff, that says something happened, we need to get medical assistance. i think they are living on th up to that policy. jenna: the daughter is a nurse and she said she doesn't have any problem with the care of her

mother. is it over? >> the wrongful death statute can only provide it back to the surviving individuals to bring the action. if there is no lawsuit there is no lawsuit. it doesn't mean that people should not go back and look at this particular case. this is an important situation. people need to know that they can go and volunteer and help out and not worry about getting sued. do the moral thing, do the right thing, save somebody, at least give them the chance. jenna: a good way to end it there, chip a good message for us to think about today. brian and chip, thank you for your expertise as always. nice to have you. >> thank you,. >> thank you. jon: a fox news exclusive, governor and mrs. romney speak out for the first time since the election. what they have to say about the news media, and the media's reaction to what they had to say. our news watch panel straight ahead with that. plus, a spectacular show, fire and ice, as a volcano sends out a stream of molton lava down a mountain melting away the snow. wait until you see this.

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jenna: quite a sight a blazeoraf orange lighting up the skies over eastern russia. there we go, i got it right. check out this is a volcano that has been erupting since really november. the hot lava is spewing through the snowy wilderness there. lava and rocks can be seen shooting up out of the crack of the volcano. it's been silent for 30 years until the eruption late last year. after several weeks that's what it looks like. jon: love that. jenna: as long as you're not close. jon: i would like to take a look. republican presidential candidate mitt romney steps back into the spotlight granting his first interview since his defeat in the november election. governor and mrs. romney speaking exclusively to "fox news sunday" discussing the campaign and the news media. >> well, of course, it was -- it's true but it was not just the campaign's fault i believe it was the media's fault as well, is that he was not being

given a fair shake, people weren't allowed to really see him for who he was. >> what about the media? >> i'm happy to blame the media. >> do you think the media was in the tank for ba barack obama? >> i think that any time you're running for office you always think that you're being portrayed unfairly, and, you know, we of course on our side believe there is more by as in favor of the other side. i think that, you know, that is a pretty universally felt opinion. >> jim pinkerton is a kr-bgt editor and writer for the american conservative magazine. alan colmes is host of the alan colmes show and author of thank the liberals for saving america. they are the news watch imagine today. jim, what do you think of the points that ann romney made. >> she might be thinking for example of the pew center data which found that president obama

had a plus-ten favorable rating among the reporters, in terms of the coverage. there it is, that's right there. and romney was minus 16. plus ten for obama and minus 16 for romney. would i say that mrs. romney had a point in her kit sis eupl yesterday. jon: and that graphic there shows ho shows how much coverage each candidate got in the last week. president obama got more stories written about him and television coverage. you know, she could have -- well, she actually did talk about a lot of other things, alan but the media has been focusing on her comment about the media. >> the media loves talking about the media, doesn't it? you know, she is protective of her husband and she certainly exhibits that and i think that is a great quality. but blaming the campaign, it was the campaign who kind of kept a lid on mitt romney, didn't let him out -- i mean they really controlled him very strongly, and it would have been nice to

have him speak more about his work with the church, for example, some of the good works he's done, some of the charity he's done, and he didn't really talk about that very much, and i think had he done that more maybe we would have got even to know the mitt romney who would have resonated to a stronger extent with the american public. jon: again, you know, they talked about a number of other items in that interview, they talked about immigration, they talked about especially how the president is handling the sequester. listen. >> well no one can think that that's been a success for the president. he didn't think the sequester would happen. it is happening. to datewhat we've seen is the president out campaigning to the american people doing rallies around the country, flying around the country and berating republicans and blaming and pointing. now what does that do? that causes the republicans to retrench and put up a wall and fight back. jon: should the media be doing some stories about that, jim? >> i think so. and i think they probably will. although certainly "the washington post" this morning was full of stories, one

headline being, why ann romney is wrong, in case you were kind of wondering where the media was coming from on this. that was in the post. jon: the media is defending itself? could that be? >> the media as alan said are preoccupied with the media. romney knows how this game is played, mr. and mrs. romney that is. if i had had my first interview on a -- since the election i think i would have focused on something positive, whatever it was i wanted to say about my future plans and so on on not let chris wallace walk them into this detour of talking about the media. wallace is asking the questions as he saw them but they didn't have to answer them. i would have really tried to say something, look, i've got another 20 years of active life ahead of me and i want to do something major witness and here is what you'll learn about me. i think that would have been a better second act after the election. >> i think jim is right. it's always easy to blame the media. ann romney made an interesting point.

whatever candidate is talking is going to think that that candidate didn't get the kind of coverage they wished they had had on either side of the plate. i'm sure the obama campaign tphaoels there are many times the media are wasn't fair to him and his message didn't get out there. >> that's why we have metrics to show where the by as was, and the pew center which is probably a little bit on the left. they agree that obama got better press than romney. romney has a lot more reason to explain. >> mitt romney could also take personal responsibility for, you know, what does he think he might have done differently that could have changed the election? i would have like to have heard some of his selfreflective necessary or analysis of what he might have done in a different way that would have made a difference. jon: i think what she said about the media was done with a smile on her face and with a gentle nudge. it wasn't a lambasting. that doesn't come through on

some of the print stories written about what she had to say there. alan combs, jim pinkerton good to have you on as always. thank you. jenna: a closer look at a medical breakthrough after researchers say a baby appears to have been cured of the hiv virus, the details and what this can mean for millions of people young and old around the world. a member of our fox a medical news team weighs in next. e pr. but, dad, you've got... [ voice of dennis ] allstate. with accident forgiveness, they guarantee your rates won't go up just because of an accident. smart kid. [ voice of dennis ] indeed. are you in good hands? ♪ i don't wanna be right [ record scratch ] what?! it's not bad for you. it just tastes that way. [ female announcer ] honey nut cheerios cereal -- heart-healthy, whole grain oats. you can't go wrong loving it.

the fight against aids. researchers say a baby mourn in mississippi appears to have been cured, cured ever the hiv virus. it marks the second documented case in medical history. what does it mean nor the millions of people suffering from this disease worldwide? dr. manny alvarez is senior managing editor of foxnewshealth.com and a member

of our fox news a team. you say we have to treat this with auction. >> number one the significance that we keep saying and you don't find this around the u.s. every pregnant woman should have an hiv testing. when she is ready to deliver the baby -- jon: this particular mother didn't know. >> didn't know. hiv pregnancy is really important in pregnancy. it allows us to treat the mother while still pregnant and reduce transmission of hiv to the newborn. the second thing is it is important to perhaps look at doing a specialized test in newborn especially the ones that are hiv exposed like this kid. and then treat aggressively with triple therapy, which typically is not done in pediatric cases. triple therapy very early on, hard and fast, early diagnosis to make sure that the baby is hiv positive, maybe this is the way to go, and be a little bit more aggressive early in the game rather than later in the

game. jon: that's what this doctor did. >> that's exactly what they did. jon: almost by accident, because of some of the circumstances -- >> they didn't have the right medication in the hospital, then they sent it to a specialized place where they could give intravenous medication. we know from a fact that there are some individuals that are hiv resistant. in other words, there are people that have the genetic make up that really does not allow the hiv virus to duplicate inside their cells. we don't know exactly what the pheno type of this child is, for sure it's very optimistic and a lot of pediatric inventory effect shus disease individuals are excited. maybe early testing, right testing and triple therapy is the way to go. jon: when it come to aids we'll take the cures where we can get them. >> absolutely. jon: thank you. jenna: what did police think about this superhero vigilante?

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