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>> gretchen: check out michael bolton's new cd.

thanks so much for being here. >> it's been a total pleasure. times gone by too quickly. >> gretchen: have a great weekend. happy friday. bill: here we go now. a busy friday morning and a fox news alert this morning. usama bin laden's son-in-law will appear in a new york city courtroom. reports that he arrived here more than a week ago. it did not go public until now. how would the administration handle his case? a lot lot of questions out there as we start here. i'm bill hemmer. welcome to a friday edition of "america's newsroom". martha: quite a story to wake up to this friday morning in new york city. good morning, bill. i'm martha maccallum. the justice department says sulaiman abu ghaith was a close associate of usama bin laden. advocate of the 9/11 attacks and a prominent al qaeda spokesman especially in the days that followed. he is son-in-law of usama bin laden. bill: david lee miller outside the courthouse in

lower manhattan. how did he end up here in new york? >> reporter: well, it is an interesting route that he took. for him it was an unexpected one. we should point out, bill, he will not just be in a new york city courtroom in about one hour's time, it is a courtroom about, less than one mile from the site of the former world trade towers. as for how he to the here, 2002, he has been living under murky circumstances in iran, not clear to what extent he was welcome in iran. recently he left iran. he made his way to ankara, turkey. he was using a forged passport. he was picked up by turkish authorities much the u.s. asked for him to be deported to the united states. turkish authorities were not cooperative. there were plans then to deport him to his native kuwait. the ushg it is put him on a plane that was going to ultimately get him to kuwait. there was a stoppover in jordan. that is when jordanian officials cooperating with

the u.s. authorities handed him over, not clear entirely now how long he has been in the united states. what we do know is that the fbi and various u.s. law enenforcement agencies played a key roll into getting him here to this courtroom today. bill: david lee, what is he actually charged with or do we know that yet? >> reporter: i took a look at indictment. it is a six-page indictment and when you look at terror trials, that is a very short indictment. there is only one criminal count. the criminal count says, and i quote, conspiracy to kill u.s. nationals. bill, if you read the indictment as i did it does go into some detail about his activities. it says he was a spokesman for usama bin laden. he says he offered his cooperation to bin laden and before and after 9/11 and it also says that that he warned the united states that there would be more attacks. what it does not go into detail about is his role, if he did have one, actually

plotting these attacks. u.s. senator chuck schumer has said he is not a big fish. he is a medium fish but today he is in a u.s. courtroom. if convicted, bill, he could spend the rest his life behind bars here in the united states. bill: what a development. david lee is on that. we're awaiting that appearance. martha has more now. martha: let's give you more background on sulaiman abu ghaith. he was a teacher and mosque preacher in kuwait. he served along usama bin laden from may of 2001 to 2000. he was smuggled into iran with other senior leaders in 2002. bill has more on the layout. bill: specifically, martha, here in new york, let's put the map in motion here. show you new york city, the island of manhattan in the lower part of your screen. if you're on the southern end of manhattan this is the district court where he is now being held. ground zero is off to thet. you heard david lee say, less than a mile. if you were to google map this, this is .7 miles from

this jailhouse, the holding cell here to ground zero. another familiar landmark the brooklyn bridge down here. in this part of new york city, martha, as you well know after living here, all of your life and me for the past ten years of my life, if you go down since the attacks of 9/11, the amount of security that has been beefed up is remarkable down there and they have been getting it ready for scenarios just like this we're watching today. martha: just to live here and to know he is a mile away from us right now, someone who had that close of a relationship to bin laden and possibly to the plot and the aftermath to be sure is quite remarkable this morning. this is a big story. key republicans are now blasting the decision to bring bin laden's son-in-law to new york saying they were blind-sided by the administration's move. it sets back america's efforts in the war on terror. very outspoken among others is kelly ayotte on this. let's hear what she said. >> if we criminalize the

enemy combatants like that and bring them it america and apply all the rights, he is not an american citizen, that americans have in civilian courts in this country, we lose valuable intelligence that can be used to prevent future attacks, can be used to understand further who else is involved in al qaeda, what they're planning against our country and used to protect america. martha: very big issues at stake here. later in "america's newsroom" we'll get reaction from redstate.com's erick erickson from this story and other he is along the way. we also got brand new jobs numbers in just a little while ago. the unemployment rate ticked down to 7.7%, improving number there. that is the lowest level we've seen in four years. today's news is certainly welcome. boy, what a long road we've been on from the great recession. this is where he started back in 2007. take a look at this chart. you can see the low point back there in december of

'07 but we need to get below the yellow line that you see added here to really be in a healthy economy that is continuing to add jobs. we have really yet to get down to that job growth-producing level. stuart varney has been looking over all of this since it came out this morning. he joins me from the fox business network. stuart, what is your take on this today? >> first of all look at the new jobs created, 236,000, that is solid number. the private sector is picking up. this is an improvement. now look at the unemployment rate, down to 7.7%. it came down largely because 130,000 people dropped out of the workforce. so if you read between the lines here, it is really a mixed report. to summarize, martha, this is not a robust recovery. there are 3 million fewer jobs now than there were in 2007. the unemployed and underemployed rate is 14.3%. and if you look at the labor participation rate, number

of people actually out there working, it is below 64%. we've had the longest period of that lack of participation in 30 years. it's a mixed bag, this report. don't just take everything from that lower rate and the number of new jobs. martha: everybody is experience on this just goes to their own family, their friends. are they getting jobs? are they get back to work. do they feel more optimistic about the economy? market taps into the sentiment as well. how do you think they will react on wall street this morning? >> i'll tell you, martha, the market liking it. you will see another gain at the opening bell. we closed at third highest, for the 30 consecutive day at all-time highs. that was yesterday. we'll open higher again this morning. the market likes the idea of job creation and better profitability for american companies. martha: stuart, thank you very much. stuart varney. weighing in on this. we'll break it down a little bit more. if you factor in the underemployed which stuart

just mentioned, with the unemployed the jobless rate is more like 14.3% in this country. that is more than double the national rate and that affects 23 million americans. theorem employed part time for economic reasons. eight million americans in that basket. the government is saying that the labor force participation rate, this is a huge factor here, 63.5%. making it 14 consecutive months under 64%, the longest stretch we've seen at low, low numbers like that. that is how many americans out there working and part of the participation of the labor market, 63.5%, the lowest number since the 1970s. that's a look at the whole picture. bill: the stock market too has been booming. we'll see if it stays that way when it opens in 22 minutes. when is opens at nine 30. he made no secret of his hatred for the american government. we're awaiting the start of funeral for the late hugo

chavez. 30 heads of state joining thousands of mourners including cuban president one castro and president ahmadinejad. steve harrigan live. we are learning he will not be buried. what is the story, steve? >> reporter: last decision by the president nicholas maduro, a response he claims to millions of people that want to see chavez's remains. he will be embalmed and placed in a glass coffin in a museum in caracas, following steps of communists. mao and lenin. he will be on display permanently. they need to do that for people want to see him. the opposition says it is political move. an attempt to gain votes in the upcoming presidential lech un, bill. bill: we mentioned a few who will attend. who else will be there, steve? >> reporter: along ahmadinejad and raul castro, europe's last dictator from belarus. a chavez ally will be here. most of the leaders of latin

america. a very small delegation from the u.s. for the funeral of a man who once called president george w. bush, the devil and president obama, a clown. reverend jesse jackson said now is the time when relations between venezuela and the u.s. could change for the better. >> i think we have a moment here in time where i'm glad president obama, even though two of our people were expelled, sending two congresspeople here to represent america. america should be here. i hope we will build upon that. >> reporter: new presidential elections are expected to be announced sometime within the next 30 days. bill, back to you. bill: thank you, steve. steve harrigan streaming live out of caracas in venezuela. you have the communist trifecta plus one. you have peng in a maus see lump in beijing and hoechy mean in vietnam and vladimir lenin in moscow. you wonder when they bring

them inside to have proper burial. that is not the case. martha: i saw lenin several years in college. looked like he needed a redo. i don't know. a questionable tactic. bill: he would probably agree. martha: we're getting started in "america's newsroom." working to lower your income tax. the governor of a midwestern state trying to do just that and quote, seeking tax refugees to that state. the governor will be with us coming up in a little bit. bill: we have developments now from the vatican just breaking now and a much better idea when the cardinals will select the next pope. martha: it will be fascinating. among the outrage that is happening right now with lawmakers, they're taking a look at this situation. usama bin laden's son-in-law captured. we learn he is about a mile from our studio here today in new york city. why some lawmakers are outraged about this development. >> this guy didn't rob a liquor store. he is a spokesman, close to as you can see, the people who killed over 2900 americans.

and now we've got our hands on him. why in the world are woe treating him as if he is some common criminal? [ loud party sounds ] hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.

martha: well, an american tourist was killed and another person was injured when a giant wave swept them off a popular beach in mexico. the two were strolling near the famous stone arch in cabo san lucas, when a rogue wave crashed them on them and dragged them out to sea. 65-year-old woman drowned and 70-year-old man was severely injured. a horrific story. bill: a republican governor has his own ambitious plan, one not greeted with open arms by a lot of republicans. kansas governor sam brownback with me in studio here. how are you doing, governor? >> i'm doing great. snow looks good. bill: looks all right outside. you back home now full time. you say whether or not in new york or anywhere in america come to kansas. what is your pitch? >> our pitch is no taxes, if

you're a small business, llc, sub-s, zero income taxes. overall tax rate down and we think we're the best place in the country to grow a business, raise a family. a lot of people, tax refugees are looking for different places to go. come to kansas. bill: you sound like rick perry. he went to california to say come to texas because we want you too. really you are, the governors are competing for america's business in that sense? >> we are competing and the key to it you have to hold your own costs down in your state because we have to balance a budget each year. you can't deficit spend. you can't print money yet. i'm not asking to print money but we're saying come to our state and we've got a good place to do business, raise your family and have a great american experience. bill: specifically what do you want to do on state income tax be? >> get it to zero. the whole thing. right now we don't have the whole system there. if you're an llc or sub-s, pass-through income is at zero now. we have overall rate 4.9. a plan in front of the legislature to get it to

3.5. we want to take the whole thing off and get a pro-growth position creating jobs. bill: what does that do for jobs in kansas? >> it already creating jobs in kansas. we're 10th lowest. bill: that is remarkable. almost like the recession took a u-turn when you hit kansas. did you not feel that? >> we felt it. we felt it. it just, our rates went up, unemployment, but they have come down, they have come down somewhat faster. we have a lot of pieces in the economy are starting to kick pretty solid and then we're recruiting and getting more service industries coming in with low taxes and no taxes on llcs and sub-ses. bill: you want to eliminate the real estate property tax deduction. why? >> part of getting to zero. what we're initially doing is going to a flat tax, essentially, which is that is broaden the base, lower your rates. that is the initial move. we're working that rate down to zero. part of that you have to get at mortgage deduction, real estate taxes. i don't want to take them

off the table but they many become less valuable as you get overall income tax rate down. bill: the mortgage interest rate deduction doesn't that hurt economy? they will buy this and get something back from the government in the alternative? >> i haven't met anybody that bought a home of the state mortgage deduction. the federal mortgage deduction. bill: i see. >> you can skate on what the federal policy is but i don't see that many doing that off state policy. bill: what is your position on charitable deductions? >> that we're leaving as a deduction but over time that would go away too because you have no income tax in the state. bill: what happens to charities though? do they take a hit? >> people have more money to give. if they, if you're not having to give it to the government and you have still got the federal charitable deduction, again that is really one that more people react off of than a state charitable deduction. bill: you have democrats saying you're in $4 billion hole. come on home, the schools are struggling.

what do you say? >> well, they left me with $876.05 in the bank account when i became governor of state of kansas the prior fiscal year. we now have $500 million cash on hand at the last fiscal year. we went from a $500 million projected deficit to a $500 million surplus. and we've got 30 years of prior decline as a state on population, on percentage of growth. i am saying they didn't leave me with a good situation and it is time to try something different to get kansas in growth mode. bill: a lot of people have not accepted your ideas just yet. perhaps in time they shall. >> hopefully they will move here. bill: talking about fellow republicans too on that. thank you, governor sam brownback here in new york city. >> thank you. bill: good luck. martha. martha: a young new leader and an escalating threat from north korea. the white house is now responding to what some are calling a particularly dangerous new development. bill: also, martha an under

cover agent gets right through security with a bomb in his pants. is the tsa keeping us safe or not? dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can multiply. polident kills 99.99% of odor causing bacteria and helps dissolve stains. that's why i recommend polident. [ male announcer ] cleaner, fresher, brighter every day.

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just tin bieber apparently has a fever of his own after collapsing backstage in london. witnesses say he passed out. the 19-year-old was hooked up to an oxygen tank and given the o-2 he returned minutes later to finish the show because the show must go on. he is out of the hospital. he tweeted himself in a hospital bed without a shirt on, which is what every hospital patient. martha: screaming nurses running down the howls hauls in reaction. guess he is doing okay. resting in london. so there's that.

well the white house says we can handle an incoming nuclear attack from north korea. here is press secretary jay carney on this yesterday. >> i can tell you that the united states is fully capable of defending against any north korean ballistic missile attack and our recent success in returning to testing of the upgraded version of the so-called gbi, or the ce-2 missile, will keep us on a good trajectory to improve our defense capability against limited ballistic missile threats such as those from north korea. let's be clear, we are fully capable of dealing with that threat. martha: north korea has pulled off three missile tests in recent months and they develop a long-range missile that they expect will reach these u.s. cities that are marked on this map. it is a stunning look at some of these developments. i'm joined by christian whitten, a former state department advisor. welcome. great to have you here today. >> great to be here, martha. martha: when you listen to some of the language and we're sort of as a world

still getting to know kim jong-un, what his intentions are and willing to do to prove his muscle as a leader in north korea, one. recent quotes out of north korea that the country will exercise the right to preemptive nuclear strike to destroy the strongholds of the aggressors and defend the supreme interests of this country. is there something new going on here? is this different? >> it is a little bit different. bellicose language out north korea's propaganda arm is not new. from time to time they threaten to turn tokyo or seoul into a sea of fire. they have done that with our own capitol. it comes on the heels of a fairly successful north korean nuclear test of 7 kilotons, which is half of hiroshima. jay carney, doing best impression of john wayne, not terribly convincing. the u.s. probably has capable of defending against the threat today. that threat is getting consideringably worse. our defense is no thanks to

the obama administration, canceled the airborne laser which is the best blatt form to defend against a north korean missile in the boost phase. martha: they won't necessarily recognize the armistice against south korea in the future. how big of a threat of south korea and our thousands of troops on the demilitarized zone might be? >> it can't be ignored. there is a tendency working north korea policy, to the extent we even have a policy to sort of get used to these threats from north korea but the problem is it is getting worse in recent years. in 2010, north korea sank a south korean naval ship and shelled a south korean island f you step back there were a lot of words exchanged but essentially north korea paid no price for doing that. so north korea really feels like it is pushing against an open door. it is making i think a mistake. the dictatorships always make in dealing with democracies and underestimating their will to respond. martha: our u.n. representative, rather, susan rice basically said

she thinks these are very strong sanctions that have now been employed against north korea, that they have bite. china seems to be on board as well. that is something a little bit different than we've seen in the past. do you believe china they are serious about backing these sanctions and do you think they will make a difference? sanctions don't often don't. >> now, martha complete fiction sanctions won't make a difference because they have been tried before. go back to look at u.n. security council resolution 1718 passed after north korea's nuclear test in 2006. they had had a ban on all things currently banned luxury goods which is supposed to hurt a regime. this regime is perfectly able to get whatever illicit goods in and out of the country it wants, so no. china's cooperation is something talked about all along. secretary of state rice and administration which i served told president bush we had cooperation from the chinese. it wasn't true then. not true now and china refuses to accept a ban on

petroleum exports which is its lifeline to the north korean regime. really nothing is going to change, at least not with this current set of options we're using. >> particularly dangerous is the phrase that has been used about this developing situation. christian whitten, thank you very much. good to talk to you. have a good weekend. >> thanks, martha. bill: they're talking big, aren't they? martha: yep. bill: an undercover agent clears two security screenings at a major american airport smuggling a fact bomb in his pants. how did he get away with this one? martha: great question. that is coming up. thousands of, shas swimming along popular u.s. beaches not too far from swimmers. how about that. where they're swimming now we'll tell you.

bill: 9:2 here in new york. we're learning from the vatican new details when the cardinals will select the next pope. we've been waiting on this we should get a headline any moment. want to take you live to rome, italy, just outside the walls of vatican city and check in now with amy kellogg and what do you hear about the start of the conclave there, amy? hello low and good afternoon there. >> reporter: hi, bill. we're hearing a decision will be made this afternoon in the meeting the cardinals have called the congregation. we should know early evening rome day, midday your time the date for the

all-important conclave. vatican spokes map kept saying let's say it is monday, tuesday or wednesday, leading us to believe it will be likely monday, tuesday or wednesday but we'll get that definite information later on today. meanwhile the italian press has been speculating that there are two camps, two sort of possible pope camps now, reformers and romance. the reformses backing scoma or possibly an american and rome anns wanting. this is speculation in the press. we'll only know the real deal once the conclave gets going and we see the white smoke, bill. bill: one sent out a tweet, based on what we're hearing this week is an absolute no, no. talk about other preparations, amy. what is happening there? >> reporter: the other preparations are of course the sis seen -- sistine chapel is getting ready

where the conclave takes place. we're waiting to see the chimney go up on top of the sistine chapel where black smoke means no pope and white smoke means, in latin, we have a pope. people all over this town are incredibly anxious know what the outcome will be. people directly connected to the vatican, the goldsmith will make all the new gifts that the pope will take on overseas trips, religious gifts. he will have to include a new coat of arms on the gifts that he makes for the pope to take abroad. i asked him what he thought, what his gut was telling him where the vote might go and here's what he had to say. >> translator: the famous roman saying we roam manz who are close to the vatican have he who enters goes in as favorite because he is not elected. >> reporter: apparently, bill, the vatican signed off on this website, adopt a

cardinal. people around the world voting, for, i should say praying for cardinals, not for a particular cardinal to win. the position of pope or to be elected but simply for them to get through the process with the peace of mind that they need. 220,000 people around the world now praying for these cardinals as they get ready to elect a new pope. bill: i'm sure they will take every prayer they can get. thank you, amy kellogg. >> reporter: you're welcome. martha: here as well because there is shock today after an undercover inspector managed to sneak a fake bomb in his pants through two security screenings at newark international air report in new jersey. tsa says this, quote, we regularly conduct covert testing of security layers regardless of the test outcome, tsa officers are provided immediate on the spot feedback so they can get maximum training value that the drills offer. how do you feel about this and safety at our nation's airports this is by far not the first time this happened? juan williams, fox news

political analyst. we have mark with the free beacon. good to have you here this morning. >> good to see you. martha: i remember a story maybe two years ago, all over the "new york post" where this story surfaced as well, pictures of knives, guns, all this stuff they did in a drill. all of it got through. this is what is happening while rest of us are taking off shoes, undoing laptops, going through the things, standing with your arm over your head and machines while they continue to find people sleeping on the job, rifling through suitcases. i could go on and on obviously. juan, i'm a little upset about this, how about you? >> well, you know, it is frustrating. newark has a very bad record in terms of security. they fired a lot of people out of newark and they have had some terrible incidents there. but, you know, this is just an inexcusable. i don't know how this can happen. apparently, martha, sass you said went through two magnetometers and a pat-down

and still didn't find it. could be small. i don't know. every time i go through they check my dental work. so i don't get it. i will say this, i will say this in their defense, we never had an incident since 9/11 and thank god. >> here is the other thing, juan. we never caught anyone. >> that's true. martha: we never stop ad terrorist in this program ever. >> i was giving you glass half-full version. martha: people are basically posing as terrorists to get through. what do you think?. >> i think sort of a chilling reminder that we can't always be relying solely relying on airport security to keep us safe. it brings focus back to the other areas which we're trying to protect americans. things like intelligence gathering capabilities. but i would warn against any attempt to, if the administration tries to play this off as a result of the sequestration cuts that went into effect recently, take note that this happened on february 25th, so actually before sequestration went

into effect some that is something i think you need to keep your eyes for. martha: also a tsa-run organized drill that failed. but i guess what really, you know, these machines cost hundreds of thousands of dollars apiece. you know, the expense of the layers and layers of tsa that we have in it country is, some would say exorbitant. then you look at list of things that happened. guy on jet-ski, falls off the jet-ski in new york harbor, manages to swim into an area that is supposed to be top security. we know we have had instances where people get through in the tests with things. we see kim kardashian gets to fly through security without being checked because she is kim kardashian. i guess the thing that really bothers me, are we being effective in terms of how we are using the dollars that are spent in tsa? because we have proven, in this case and others, that it is absolutely possible to get through with something that could do people a lot of harm? juan? >> well, i think it is possible to get through.

you know, if you wanted to do analysis of this, you would say but on average, you know what? they are able to screen most people and you have incidents --. martha: what are they finding is my question, juan? what are they finding? they're finding nail clippers. finding swiss army knives now allowed on planes. they're finding, what do you mean, oh, no? >> well, i think they find things occasionally. we don't have any end kigs that they have ever found a terrorist which what you said earlier, martha, which is exactly right. my more optimistic version of that we haven't had a terrorist incident since. gosh, when i go through and i'm a frequent traveler, you see people stopped for all kinds of things, including sharp objects, even guns. amazing to me people somehow think they can take a gun on. thank god they're able to stop that. but what you see people have a heightened sense of awareness now because of this. in fact the tsa is on the defensive. i think that is why this week they allowed the small knives, the lacrosse sticks, small baseball bats, ba because they don't want to antagonize the public and

make the public feel they're too put upon. if they're not effective to get back to your point, if they're not actually getting a guy with a bomb in his pants what the hell are they doing? martha: if you pull people over, they forgot, registered gun, forgot to mention it when they get on the plane but these things are not a threat to people's security to my point. i wonder, we a about israeli methods and sort of questioning people, seeing if people look nervous online. we're checking toddlers and old ladies. wasting a lot of people's time. we're spending a lot of money and i think it is worth asking whether or not we're doing this effectively? >> right. another interesting aspect to see whether the agents at newark airport are disciplined because of this. i would note late last year, for the first time in its history the tsa struck its first collective bargaining agreement under the new union that represents tsa agents. so, you know, i think there needs to be some accountability here. i would hope that doesn't impede this. would hope whatever measures are taken, you know,

discourage or encourage a little more heightened security, a little more awareness by tsa agents in the future. martha: i hope they think twice about the $50 million we're spending on tsa uniforms. i hope i can bring shampoo in a bottle. wouldn't that be nice, to be able to bring that on the plane with me, so you don't have to pack it, in carry-on? gentlemen, thank you so much. >> i like your hair, martha. i think it is great. martha: i can't travel with this hair, juan. see you later. bill: breaking news out of the much toledo, ohio. schools are in lockdown there. there is little information we have. later today bullets found inside of a bathroom. no weapon found on campus. school is in lockdown. 7:45, two hours ago, a student found ammunition in a bathroom. we're sending a crew on the way. we're in touch with our affiliate out of toledo, ohio. more news on that when we get it. it is just crossing the wires now.

martha? martha: there is a firestorm over the decision to bring bin laden's son-in-law to new york for investigation. why lawmakers are outraged he was not taken to gitmo. we'll talk about that. bill: senator rand paul finally got his answer from the attorney general eric holder but it does not, or does it, end the debate over drones there. >> no one person, no one politician, should be allowed to judge the guilt, to charge an individual, to judge the built of an individual, and to execute an individual. it goes against everything that we fundamentally believe in our country.

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bill: we have already heard from some republicans blasting this decision to haul al qaeda's mouthpiece to new york city and they're saying they were caught totally off guard. lindsey graham late yesterday on this move. >> we're putting the administration on notice. we think that sneaking this

guy into the country clearly going around the intent of congress when it comes to enemy combatants will be challenged. bill: erick erickson, editor-in-chief redstate.com and fox news contributor here in new york. good morning to you. you busted out of georgia. >> good morning. bill: welcome back to new york here. this is usama bin laden's son-in-law. he is in custody in new york city. he will face a judge through some legal proceeding today. why not send him to gitmo? >> they should but this administration doesn't have a good policy on containment in gitmo. they want to shut it down. they know they can't. they can't blow them all up with drones so this will be a trial. what they tried to do with khalid sheikh mohammed, there was national outcry over that so they sneaked him into new york. it pains me to say nice things about lindsey graham after the tirade about rand paul yesterday but he is right. democrats and republicans are opposed to this. bill: this is how you get around gitmo? you remember the first executive order signed on

day one, january 2009, was to close the facility. >> now they have closed the facility that was to close gitmo instead. the president wants to do this. he believes it can be done. now in gitmo they have done quite successfully. there are number of military trial and convictions. they sent others home. no reason to go down there but idealogical opposition to keeping gitmo open rather than come here. in a youtube video never really seen can set off riots in egypt and libya imagine trying usama bin laden's son-in-law in new york. bill: this is federal court. lower manhattan. the amount of access we may get may or may not happen. seven have been convicted by military tribunals so far at gitmo. you remember khalid sheikh mohammed. remember the outcry? people were coming out of the woodwork to say this should not happen. eventually the administration reversed course. >> wasn't only bipartisan. democrats in the senate including dick durbin from illinois when a plan was released to send gitmo

prisoners to illinois they cut funding for the program so they couldn't do it. bill: this was done a week ago and no one knew it. >> right. bill: what does that tell you? >> the administration understands what it is getting into here. the administration understands there is bipartisan problem in congress and probably bitten off more than it can chew on this one. bill: you think so? >> i think so. the left is already upset with the president's policy on drone. combine that with the right being upset about bringing osama bin laden's son-in-law to the united states. you have a bipartisan opposition in the senate already. that they sneaked him a week ago without telling congress is a big deal. bill: on the drone issue, you could argue, and some have, the dronl issue is carried out because they did not want to capture anybody alive that would feed population at gitmo. >> logical extension of the left opposition keeping guantanamo bay open. you have problem now that right-wing and left-wing opposition to stated policy using it domestically. you bring in usama bin laden's soon in law with to the united states by partisanly opposed to american public to do show

trials like this. bill: this is direct challenge to the idea that you can conduct a civilian trial for these people as opposed to a military tribunal. >> this is the president of the united states to longer has to answer to the american people with an election. bill: erick erickson. more on this, okay? we should see him in courts one way or another with david lee miller in lower manhattan. nice to see you. >> nice to see you. bill: thank you. 11 minutes before the hour, to our viewers at home, hemmer@foxnews.com is the e-mail. we can talk about this or anything on your mind today. also on twitter, follow me @billhemmer, because you asked, need one line and a question mark. bya. martha? martha: we just talked about this there is growing backlash to the new tsa policy that allows small knives and even bats on an airplane. a man who represents all law enforcement on planes that they are putting those who fly us in the sky at a much greater risk. bill: the ocean predators and many of them sharing the surf with the swimmers. where the school of sharks popped up before spring

break. whoa. >> we had sharks literally going through a feeding frenzy right in our area. >> there is a big school of them. we saw one big black tip coming up this way. >> i was definitely looking for a "jaws"-type shark. >> definitely don't want to be in the water with that type of shark? >> no, definitely not. go to e-trade and find out how much our advice and guidance costs. spoiler alert: it's low. it's guidance on your terms, not ours. e-trade. less for us. more for you.

bill: there are critical votes expected today in the state of colorado on seven new gun control proposals. democrats there pushing new limits on the size of ammunition magazines, more stringent background checks on gun buyers and other new rules. that debate is expected to last late into the night in denver. martha: stay out of the water because of this. take a look. schools of black-tipped sharks off the coast of florida during spring break. thousand of these sharks

swimming in the water. we're talking as close ten to 15 feet from the shore. lifeguards closed several beaches in response. george burgess is the director of florida program for shark research. george, welcome. good to have you here this morning. >> good to be with you here, martha. martha: what's the deal here? how many are out there? are they proposing a threat to swimmers and what kind of sharks are they? >> well, about this time every year we get an aggregation of sharks, usually a thousand or more in this area and they are in fact black-typed -- black-tipped and spinner sharks. they're waiting for the water temperatures to warm just to the north of there and will begin their annual south to north migration and that migration will bring those animals up through the east coast of florida and eventually throughout the southern and middle united states. it is the beginning of their run but right now they're

sort of culling, culling up in numbers, waiting for their chance to head north. martha: wow! from that perspective it is fascinating. just following the migration of these amazing animals as they move their way up. from the other perspective if you're on a one-week spring break you're looking forward to for a long time and they're closing the beaches, do people need to be concerned? are these sharks any danger to humans? >> the sharks right now are not a special danger to humans. of course any shark that gets about six feet or longer is a potential danger simply because they have jaws that are big enough to do some damage but these are fish-eating sharks and they don't normally go after human beings. that said, the beach safety folks get a little nervous when the numbers increase in an area, and as a precautionary measure certainly yesterday they closed a couple of beaches. but obviously since they

opened them up today they feel better about things. generally they stay farther offshore rather than right in the surf zone. martha: hopefully there are plenty of fish for them it eat and they're not interested in anybody's ankle. so far so good. george, a fascinating migration. thank so much for being with us. >> good to be with you. bill: we've seen them before. martha: there they go again. bill:. bill: we have developments on the economy and overall health of how we're doing. we'll bring at that to you in a moment also. martha: a dangerous winter storm slowly crawling across the nation's biggest cities. look at these pictures. this is in massachusetts. some folks are told to get out of their homes. major flooding is a real possibility. what a picture that is. we'll be right back. >> the earth was coming out from underneath it there. one moment it was there all of sudden it just, just gave away. it fell towards the ocean and, you know, now you see, see what condition it is in so.

martha: fox news alert. usama bin laden's in law is in new york inside a courtroom this hour. sulaiman abu ghaith, captured overseas and charged in this country with conspiring to kill americans. top officials say he is a senior al qaeda leader and a member of bin laden's inner circle. the case is sparking some major criticism here at home by some who argue high-threat terror suspects should never be brought into this country. that he should be at gitmo. we have a lot more coming up on this throughout the hour. we expect a new report within the hour. brand new jobs numbers coming in a little while ago. the labor department says u.s. employers ramped up hiring in february adding 240,000 jobs almost to their payrolls and pushing the unemployment number down to 7.7%. that is the lowest number we've seen in four years. so on the face of it, it looks like a pretty good number. so we'll start your day on that happy note in the second hour.

welcome, everybody, i'm martha maccallum. bill: i'm bill hemmer. welcome to friday. only moments ago the white house says about the jobs number there is still work to do in america. hiring averaging more than 200,000 per month since november. that takes you back three months. wages spike four cents, just about a month ago. martha: liz claman is live in new york city with her look at all of this. good morning, liz. what is the best part of this news this morning? >> well as the snow falls all over new york city the best part people at least are turning up the momentum, okay? so the best part of this news i really, truly believe is not only did we beat the estimate number which last check, remember this is a consensus of a bunch of economist was to see a build of a $165,000 nonfarm payroll jobs. we bested that, we crushed through that ceiling and did much better up 236,000. but the unemployment rate also came down to 7.7%. remember it had been at 7.9%. the white house is correct saying there is more work to be done.

we really need something around the number of 50,000 on a stained basis month after month -- $250,000. before we bring the unemployment rate down more. this is pretty solid number and shows momentum and shows resilience since there were a couple of headwinds. martha: the market up a little bit, less than ten points at the moment. it just has that lingering question out there, we heard so much about the sequester, the negative impact that will have on the economy down the road. is this a blip or something we can sustain? >> you know you just asked the perfect question because the sequester interestingly enough did not worm its way into the minds of business owners so much so that it paralyzed them. in fact they continue to hire, knowing that sword of damocles was hanging over people's head, how this was going to feel. shows on balance, not in every sector but we know defense is hurt markedly, but on alance -- balance businesses were able to absorb the fear sequester. as we see next couple months the cuts set in more quickly

it may change the picture. may is the important word. the market had been up, jumping a lot higher up more than 50 points on the dow. another point up is another record. martha: all right. we'll take it. liz, always good to see you. thanks so much. >> you bet. bill: with those rising stocks prices unemployment gains may make household as bit more willing to borrow. the federal reserve says consumer credit in the u.s. rose in january by the most we've seen in five months. u.s. consumer credit spiked $16 billion from december. that was slightly higher hand economists forecast of a $15 billion rise. there is a big ol' one brewing out there. a powerful storm hitting new england with just about everything it has. snow and strong wind are in the mix along with the danger of flooding. surging waves from the atlantic now forcing mandatory evacuations in some areas and a late winter blast now testing the endurance of folk who have

had just about enough, do you think. >> behold, mother nature had more in store for us. >> i don't think anyone else can take anymore. our backs. >> it is definitely heavier. >> the snow is definitely the worst. the roads were not bad earlier but as the snow piles up it gets slippery out there. >> it is disgusting out there. it is so bad. bill: molly line can handle it, yes she can. she streams live out of sandwich, massachusetts. how goes it, molly? >> reporter: well, you know it is tough out here. in a sense this is similar to other new england storms. the snow is piling up in places where it usually does, west and north of the city. the coastal flooding is happening in places that generally have coastal flooding. this is about a domino effect. because there have been so many big storms this winter the impact has been really great and they have been really hard on the properties all along the ocean. you can see the big waves still crashing today. that is causing a lot of

coastal erosion. they have big concerns here in sandwich and other coastal communities. they have a video from marshland, massachusetts, water crashing up against he is a walls flooding into local communities. not uncommon on areas right on the beaches. sit you watt is facing a tough storm. they can't get a break this winter. the storm is coming in. they barely have time to fix things before things start all over again, bill? bill: you also have a high tide factoring in here. how is that going, molly? >> reporter: that is a major concern especially over the course of this storm where the high tides have been so aggressive. the third high tide of the storm came in today. it was a really big one. caused quite a mess. we have video of plum island, beautiful vacation area north of boston, one. homes that has taken relentless winter has fallen into the sea at this point in time. some belongings are scattered around in the ocean. some other properties are at

risk in that area on plum island. that is the danger when you live this close to the ocean and you have a winter as brutal as this one has been. bill? bill: good luck, molly. i think that was a refrigerator. martha: a refrigerator rolling around in the surf. that is not a good sign. >> hazard pay coming your way, molly, sandwich, massachusetts. >> reporter: thanks. martha: as we're looking at with the pictures with molly line winter is not going out without a bang. when and where is the storm headed next? we have team coverage for you. meteorologist janice dean is tracking this in the fox extreme weather center. janice, molly is getting roughed up out there today. >> i know she is doing great job. she is tiny little girl. be careful, molly. we don't want you to risk your life here. yeah, this storm will be with us for the next couple hours and then it will finally push offshore. but look at the satellite imagery. look at the counterclockwise ocean. this is massive, massive storm that just continues to

pound this area and as you can see, it is kind of backing in to the northeast coastline but again, we're expecting it to push offshore, really within the next couple of hours but philadelphia, new york, up towards albany, boston, portland, you're getting hammered, hammered with snow and it is going to continue again for the next several hours. the visibility less than half a mile in many of these cities. so people are sort of urged to stay of the roads if you can. it's a friday. i think you will have permission to, you know, stay at home if you live in these areas where we have half a mile visibility. winter weather advisories. in the light shade of blue here, one to three inches on top of what we've already seen. in and around the boston area i think we've seen about ten inches. we could get an additional three to six inches. and as molly mentioned i know it is winter but they have gotten four storms in the course of as many weeks. so that is just relentless and people are just sick of it unfortunately. i just want to point out, this is our next

weather-maker across the southwest bringing rain and mountain snow for california in towards the four corners and this is going to be one we'll watch throughout the weekend fortunately as it -- unfortunately continues to move eastward and bringing rain snow, the potential of severe weather and there is the possibility of another coastal event next week. martha: just to keep us on our toes. >> just to keep me in business i suppose. bill: you're hired!. you got a job. you're cool, jd. you're good. martha: like a punching bag in new england, right? keeps coming back. bill: i was ready to call janice on the storm. she is talking about it every day. if you look out the window on sixth avenue it's here. martha: you're saying you are wrong and doubting janice dean the storm was actually coming, i was looking out window here with the monitor. it is coming down in new york. so, janice, your job is secure. well-done. martha: we know that. bill: republican senator rand paul, 13 hour

filibuster has drun praise and criticism for a marathon senate floor style. others call him a hero and others say it could hurt his party in the long run? what about that, chris wallace? martha: growing backlash about this policy. you can bring swiss army knives on the planes but you heard me say earlier, no shampoo. not yet. that stuff is dangerous, that shampoo. we'll talk about that next. bill: a member of usama bin laden's family, his son-in-law appears in a u.s. federal court today here in new york city. why many say this should never happen. >> his history is something that has been active and engaged in al qaeda. has spent some time in iran, the southern part of iran conducting or at least planning operations and doing facilitation of for al qaeda business. hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me!

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bill: so there are hundreds of students and parents and teachers on the streets of philadelphia protesting a

recommendation that the city close more than two dozen schools in that town. [shouting] now hours after that rally officials voted to close 23 schools, citing budget constraints and poor conditions. opponents say the move will damage dozens of neighborhoods and further fuel student exodus outside of the philly school district. martha: back to washington. a couple of top republican senators slamming senator rand paul's 1-hour filibuster over president obama's drone policy. the kentucky senator says it gives the white house power to kill american terrorists on u.s. soil he believes. senator john mccain says he believes senator paul needs to get his facts straight. >> the country need more senators who care about liberty but if mr. paul wants to be taken seriously he needs to do more than pull political stunts that fire up impressionable

libertarian kids in their college dorms. he needs to know what he is talking about. but to say independent meant threat would then translate killing somebody in a cafe is not a mature debate for discussion. martha: strong words from john mccain yesterday. chris wallace inches skro me now, anchor of "fox news sunday.". good morninging. what do you make of that? what has john mccain fired up here? what about the rift supposedly to the two sides? >> i had to laugh, when you say fired up, tell us how you really feel senator mccain. there is a split in the republican party right now between the defense hawks, those people held sway for a long time. people like john mccain or lindsey graham and on the other hand libertarians, some of the younger republican conservatives, people like rand paul and mike lee of utah, and the hawks say, look we've got, we're still in aware on terror and we have use all the weapons we need to fight the war on terror. the libertarians are more

concerned let's go through the courts. let's give due process. and, you know i think that mccain has a point to the degree there is really no indication at all that anybody in the obama administration was talking about, you know, somebody will be sitting in a cafe and we're going to take them out with a drone. i mean first of all, why would you need a drone? you could drive up to the cafe and arrest them? what i think people are concerned about, is you get another 9/11. let's say there was an american on a plane flying it into a building, would you have the right to use a drone to take that plane out, as dick cheney did back in 9/11 when he ordered shooting down of an american plane, an american airliner that was headed here for the capitol. so i think really sort of mixing apples and oranges here but certainly the john mccains and lindsey grahams of the world are very upset what they see as rand paul talking about a threat they don't think exist. martha: folks on the other side of the aisle love this they love to watch this sort of rift that you mentioned

among the gop. is it damaging do you think? >> no, not necessarily. let me say this. to give rand paul his due, it was a political master stroke. there is no question that he elevated himself tremendously among a wing, his libertarian wing, as we saw the tea party wing, as we saw in 2010, is a big part of the republican party today and this has got him a lot of attention. i think it is vaulted him up in the presidential sweepstakes. no question in my mind after interviewing him a few weeks ago on "fox news sunday", he is seriously considering a run for president in 2016. this added a lot to his credibility among that group, certainly not among the john mccains of the world. martha: very interesting. i know you will talk to paul ryan this weekend on sunday , a little preview if you could what you will ask him. we know he had lunch yesterday with president obama. >> i will ask him what he had for lunch. was it good? you know there is such a dramatic change.

remember only a year ago paul ryan put out a tough budget and he was invited to a presidential speech and barack obama called him out. talking about how irresponsible his budget is. one of the things i want to find out, does he think the president's new charm offensive is legitimate, is sincere and that he is willing to compromise on some of his positions about cutting entitlements or not? then the other thing is, paul ryan is unveiling his budget this next week. so he will give us an exclusive preview of what the republican budget will be. and then, because there is always more on sunday, we'll have an interview with jeb bush. martha: yeah. we're looking forward to that. sound like a great show, chris. thank you so much. we'll see what they had for lunch. wonder if mr. sunday chicken or soup. >> wouldn't that be great? what a plug for my wife's book. martha: will be awesome. chris, thanks so much. we'll see you soon. bill: especially with jeb bush making rounds this week. martha: isn't that interesting?

bill: very public in the way he come out of the talking to everyone too along the way. martha: yep. bill: thank you. some americans are said to be facing sky-high medical bills and they blame obamacare. we'll explain that with dr. siegel in a moment right here. martha: and some new questions on the safety measures at a wildlife sanctuary after a young woman is killed by a caged lion. a live update on this story coming up. >> even though she was only with us for a little over two months she was part of our family. she made instant friendships with everybody up here, everybody loved her. she came in every morning. if any of us was in a bad mood, she lightened the load.

martha: all right. we've got breaking news out of the courtroom downtown where the bin laden spokesman and a son-in-law to usama bin laden has just pled not guilty in new york federal court to conspiracy to kill americans. that is the charge against him. a lot of controversy over whether or not he should even be in that building and a lot of talk about the fact that, you know, perhaps he should be at gitmo. one thing is for sure, if he is down there maybe he will get a look at the downtown area where thousands of lives were taken on september 11th and maybe he will see the freedom tower stretching up down there as he goes by today. that is happening downtown in new york city. we're on this. we'll have more coming up. bill: know what to do about this late yesterday. so we're back on that story with david lee miller once he comes outside of the courthouse. in the meantime there are new concerns that obamacare is failing to provide athletes with adequate insurance coverage. case in point, the patients of a renowned surgeon, left high and dry by insurance companies as their medical

bills continue to pile up. dr. marc siegel is looking at that story. how can a well-established surgeon like dr. meyers, who we're about to meet have such difficulty with insurance companies? >> bill, the national commission on physician payment reform has just issued a report calling for health insurance to pay physicians more for monitoring their patients and phasing out payment for fee-for-service, for procedures. if adopted many doctors worry this fundamental change which follows the lead of obamacare, could reward primary care doctors like me while penalizing specialists like surgeons who say they already have problems getting reimbursed. now dr. bill meyers, one of the nation's leading surgeons, operated on adrian petersen of the nfl he perform as procedure to repair sports muscles procedures on pelvis. few others mastered it. much to his and his patients alarmed, his operations are not often reimbursed. >> there is no question a

frustration related to things not being as easy as one would hope in terms of being able to deliver care. so, in that sense there is a tremendous impediment, you know, insurance companies not paying for this in terms of our being able to accomplish what we want. >> so the question is, how do health insurance companies respond? health insurance companies insist that the physicians and other health experts constantly evaluate new procedures and technologies to determine whether they are proven and reliable before moving them from the quote, experimental status, to the approved status. >> health plans pay for expensive technologies and treatments every single day. what they are trying to do is to make sure that your health care dollar is spent on treatment that is safe and treatment that has proven to work. >> so, bill, what do you think the patients are saying about this? when you hear from the

parent of a suffer child then you know. let's look at a talented young defensive hockey player, andy, after months of failing treatments worried he would never get on the ice again. it makes the insurance company explanation seem theoretical at best, especially with andy back on his case thanks to meyer's surgery. >> they're paying to pay visit after visit, orthopedickic after orthopedickic, but when it comes to the surgical procedure that dr. meyer performs which clearly has worked on my son andy who is back to playing high-level hockey, i can't understand. i can't put words why they would question a procedure like that. >> bill, meyers says it will cover routine hearn yaw repair when it is isn't even int skated-- indicated but this surgery is proven 90% of the time with a proven surgery in the country. bill: is the exception or becoming the rule you

believe? >> i think he already was the rule, with the new incentive to move away from reimbursing from procedures we do, this will become more common. i'm very worried about this. bill: follow up on this, marc. >> i will. bill: marc siegel in new york. martha: we're covering breaking news in downtown manhattan where usama bin laden's son-in-law pled not guilty in a new york city courtroom. one of the questions people are asking is this the right place for him or should he be in guantanamo bay? we'll be back with more. >> why in the world if we're treating him as if he is some common criminal and why in the world he not at guantanamo bay? if they tell me we've got all we need to know, my question is, who is we? how long have we had him? where did we have him? us why you used priceline express deals to book this fabulous hotel. well, you can see if the hotel is pet friendly before you book it. and i got a great deal without bidding.

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martha: breaking news this morning. osama bin laden's son-in-law testifying this morning in a new york city courtroom. david lee miller is right outside with the latest on this. good morning again, david leave. >> reporter: good morning, martha. this was a preliminary court appearance, his first ever court appearance. it lasted only about 20 minutes. through his attorney he said he is pleading not guilty to the charge of conspiracy to kill u.s. citizens. not a great deal was revealed about his alleged activities, but this is some new

information, martha, we did learn that he was arrested shortly before midnight, this is east coast time, february 28th, somewhere overseas, and that he arrived in the united states on march 1st, somewhere around 12:30 p.m. he has been in the united states now for a number of days. his next court appearance is going to be in april. as for his appearance he was dressed in blue prison clothing, his hands were cuffed behind his back as he entered the courtroom. he had little to say during the actual proceeding. at one point as the judge was speaking in apparently deference to the judge he stood up, looked at the judge in the eye and was listening to what the judge had to say. then the judge told him it was not necessary for him to stand, everything taking place in the courtroom, being simultaneously translated, and what is really chilling about this. martha, is that this defendant, if the allegations are true, warned that there would be more attacks in the united states. he warned muslims and enemies of

the united states to stay away from airplanes and tall buildings, and now just a few moments ago he was in a u.s. courtroom about one mile from the site of the 9/11 attacks, the site of the former world trade center. we expect that what might happen in the future here through discovery is that there could be more information learned, martha, about the extent to which the iranians were involved in sheltering him. it appears that he spent years in iran before he left iran, made his way to turkey and then the turks deporting him, sent him to jordan. and it was in jordan that officials cooperating with the united states allowed him to be deported to the u.s. again, his first ever court appearance, the son-in-law and former al-qaida spokesman just moments ago appearing in u.s. federal court. if convicted, martha he could face the remainder of his life behind bars.

martha: two quick questions, david leave. about his appearance and demeanor is it similar to the pheur we've bee picture we've been showing this morning? and he has a lawyer, i assume. >> reporter: he does have at least three court appointed lawyers. one issue that came up is whether he had the resources to pay lawyers, he said he did not, and the judge said that they would be provided at taxpayer expense. and as to the security, it was intense as you would expect, but it did not appear significantly different than what we have seen at the trial of other have high-level accused terrorists. martha. martha: last question. did he look like he looks in these pictures that we're seeing here? no one has seen him in a very longtime. >> reporter: from what i saw he looked like he was a little cleaner cut. he did still have a beard. his hair was relative here short. his beard appeared to have been cropped, but nothing dramatically different about his

appearance from what i could tell. martha. martha: david lee, thank you so much. everybody is going to be following this story so closely and any developments out of that courtroom. this morning's procedures are over. lots more to come. david lee, thank you. bill: major backlash over a new policy allowing passengers to carry small tphao*eus on board a plane, and sports equipment like souvenir baseball bats and golf clubs. flight attendants, the pilots, federal air marshals, even insurance companies are not happy about it, all demanding tsa reconsider before they say it is too late. john add her is president of the law enforcement officers association. good morning to you. >> good morning, bill. bill: you have in your hands a knife that will be acceptable at the end of april, show us. >> that's correct. this complies with tsa standards. they think this particular knife does not pose a risk to anybody traveling. now imagine if i take this knife up from behindicult to notice,

someone who is seated on the aircraft, which most of us are, because that's what we do on planes, we sit in a very confined space and someone comes up without warning, because terrorists aren't polite and comes out us in the back of the neck where we are vulnerable and stabs us repeatedly what is going to happen? federal correction officer erica williams on february 26th was stabbed over a hundred times in probably 15 seconds by a sigh to the particular inmate with a plastic knife, over a hundred times an was standing. now tsa thinks allowing something like this on a plane somehow doesn't pose a risk to federal law enforcement officers, flight attendants or americans flying? is there view that the americans in the cabin are disposable? are they expendable in it's nonsense. bill: you see no difference between that knife and a box cutter. >> no. bill: which was used on september 11th. >> no. bill: the tsa says the cockpit has been reinforced and we can

relax some of the rules. >> while there is a valid concern that we don't want our planes turned into missile that doesn't negate the need to protect everyone in the cabin twaels federaas well as federal law enforcement officers flying. we are here to protect everyone. bill: air marshal -rs the las marsh marshals are the last line of defend. sarah marshal have you help the her? >> i have not met her. bill: she works out of boston, united airlines. here is what she said. >> let's not forget it was blades that caused what happened on september 11th. i'm a boston flight attendant or united airlines. it was my friends who died on 9/11. its personal for me. it's very concerning for flight attendants throughout the country. bill: it's personal to you also, whether it's the flight attendants or the air marshall's. you're starting a national campaign to get the tsa to reverse the decision. >> correct. bill: will that happen? >> we hope so. we are going to night to win.

we are going to appeal to the president, to the american public. folks, contact your elected officials, let them know that this is unacceptable, this does not belong on a plane. we need your support and we will appeal to president obama to rescind this ridiculous policy. bill: here is what the tsa says in part on the screen now taking small knives such as you see here the novelty size bats and certain sporting equipment ofp of the prohibited items list will allow security officers to better focus their efforts on finding higher threat items. it goes onto say the final decision rests with tsa whether to allow any items on the plane. suggesting that you look for an explosive item or something that could cause more damage. >> they have been competent and efficient for looking for both. this will cause greater delays at the fine. passengers will be carrying these, pulling them out and it will have a debate whether or not it complies with the measurement standards. that's ridiculous.

the screeners will have to look at this. all this will do is put them in imminent danger. they will be looking at the point of whether it's a knife, the tip of a blade. people will pull them out and say, you see, this is good. and we are going to subject them to that sort of dialogue, that possible encounter at such close range? it's idiotic and unnecessary. bill: i can feel the heat and emotion coming from you. we will be in contact with you. we've reached out to the tsa as well. we'd like to get the head of the organization on our air to defend the policy. we appreciate your input. martha,. martha: we are all over this breaking news this morning, osama bin laden's son-in-law, we are now getting a look at the evidence against the man pleading not guilty just moments ago. and the charges against him are conspiracy to kill americans. this as several republicans slam his very appearance in that new york city room, here is some of that. >> the congress has tried to tell the administration, when it comes to people like this.

that we want them to go to gitmo to be held in military custody for interrogation purposes. so i'm going to follow this case very closely. i think we are now setting a new precedent that will come back to bite us. tonight's dare? give your hair some beauty sleep. with pantene's new overnight miracle repair serum. 8 hours of repair while you sleep. with no residue on the pillow. dare to sleep on it. new overnight miracle from pantene. so i used my citi thankyou card to pick up some accessories. a new belt. some nylons. and what girl wouldn't need new shoes? and with all the points i've been earning, i was able to get us flight to our favorite climbing spot

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martha: fox news alert. osama bin laden's son-in-law pleads not guilty in a tphaoerbg city courtroom. this happened moments ago. he is just steps away from ground zero. suleiman abu ghaith is his name. the charges against him are conspiracy to kill americans. top republican senators have expressed outrage about the fact that this trial is taking place in downtown manhatten, that it is not being held at guantanamo r-r. here i being. >> he is close to the people who killed 2900 americans.

now we've got our hands on him. why in the world are we treating him as this he's some common criminal, and why in the world is he not at guantanamo being held by us under our terms and conditions as long as it reasonably stakes too get good intelligence. and if they tell me we've got all we need to know, my question is, who is "we? ." martha: that is from lindsey gray channel. joined by charles cully system who served for secretary of defense for detainees, he knows a lot about this subject. he is now at the heritage foundation. welcome back, good to see you. you look at this scene downtown, the snow is falling, this man is inside this courtroom and a lot of people were taken very off guard by this development. he's been in this country since march 1st we are told now. >> right, right an was picked up actually by the turks and held for 33 days, no doubt that was an unpleasant matter for him. and the open question is whether

or not obama's high-value interrogation group had access to him those 33 days, that would be an important fact to know. and whether he crossed over into jordan whether the jordanians interrogated him and allowed our folks to interrogate him as well. there are a lot of open questions so far. martha: those are very interesting points you just brought up. that group known as haig. is it likely given the history of the administration of this issue? >> somebody knows in this administration. whether the public will know i don't know. if they tell congress, congress will leak and then the public will know. the more interesting question here martha is this administration has shown a penchant to kill terrorists through drone strikes rather than detain and lawfully interrogate them. and no doubt during the opportunities they've had we've missed intelligence because of

the failure to capture and lawfully detain and interrogate them. and i'm glad this guy is captured. martha: yeah, that is an excellent point in the big picture of how these things have been handled and whether or not there was an attempt to take him out with a drone, once his identity was established and we knew where he was. about what the iranian element to all of this? >> too early to tell what the iranian element is. for those like senator graham and others who haven't been federal prosecutors like me and others, i would point out the following legal matter, and that is, sure we want him to be brought to sus advertise after lawful interrogation. we don't know how long he's been interrogated if at all. if you want to bring him to justice i'd highly doubt that he's eligible, first after he can't be brought to trial in military commissions for material support because the appellate court says that is not a traditional war crime. and he probably can't be brought to commissions for the conspiracy charge unwith which

he's been charged here in this even tkaoeuplt because conspiracy is not a traditional war crime. if you want to bring him too justice, not just detain him you probably have to go to federal court, like it or not. martha: you believe that lawfully he's in the right place, because the process has played out and because of the crime that he's accused of, this is where he should be? >> i think he needed to be exploited for intelligence purposes first and foremost, that should have been our top priority. we could have held him for as long as we needed to to exploit the intelligence. if the administration is of the opinion that they've done him, they've wrupbg him out and got all the information they need then you want to bring him to justice, federal court is probably the appropriate venue. martha: they said they expect the case will take about three weeks. what does that tell you? >> what it tells me when i read thin dietment. by the way this is the 13 superseding inch tkaoeuplt. there have been 12 previously indictments sealed against this guy, that they are not a lot of there, there in terms of the

underlying substance in the case. if you read indictment which is available online. really only three things he's done. he's met with osama bin laden on september 11th in the evening and said he'll help him. he told him he would act as a spokesman and then he encouraged others to take up arms against americans and others. and he's been a spokesman. that trial doesn't sound like it's going to take very long. martha: yeah, we are just also learning according to the u.s. prosecutor john crony capitalism o -- cronyn. that he said a post arrest statement that totaled 22 pages. that will become public i assume, right? >> could be part of the trial if they choose to use it in the government's case in chief. they could strategically set up the case so that they force him to take the standby not introducing that and

cross-examining him on that. we'll find out what is in the statement or most of what is in the statement sooner or later i would isn't. martha: also there is the potential that he could go free. that he could walk out of that courtroom, find him not guilty of that charges, because of the construct of the court and the jury system that that is a possibility. what is your feeling on how people should look at that? >> well, if he was tried in military commissions or tried in federal court he's presumed innocent until proven guilty beyond a reasonable doubt. saeufpl tan ard. he could be acquitted in either. if acquitted in either the administration could take the next move and declare him to be an enemy combatant and detain him without charge because the burden of proof is much lower. the irony is if they take him to new york, some people don't want him to be there and they indict him and try him and aeu kwaeut him they could still decide later on down the road to say he's an enemy combatant or even

take him to gitmo. martha: they could have initially said he was an enemy combatant. >> maybe they did. they certainl there was a period of time at some point where he was not a criminal defendant, we don't know where that is yet and we don't know whether that statement he gave was given pre phra rand today pre miranda. martha: it said an extensive post arrest statement. which would lead me to believe it was with this team, in front of this team. >> my point is that we don't know whether or not he was interrogated prior to. martha: yes, absolutely. that is a big question. >> and they went back and got that statement from him. martha: what happened in turkey or jordan before he got here is a big question. thank you very much. >> sure thing martha. bill: there is a young girl now dead killed by a lion in captivity. what we're learning today about what happened in those final and terrible moments.

>> the tpoeb jobs reporthe february jobs report shows a modest jump. today marks the return of america's asking, send us your questions to@"happening now." plus the superbugs invading american hospitals, the surge of sharks down south, what is next in the jodi arias murder trial, and a week after the sequester began has the sky fallen on you? we'll cover it all in seven minutes, "happening now." bill: jon, thank you. see you at the top of the hour. we have new information on a young woman killed by a lion in california. the focus is on an open-caged door that likely put the animal and 24-year-old diana hansen at the same place at the same time.

adam housley is on that live in l.a. now. is this different from what we heard just yesterday, adam? >> reporter: yeah, bill in fact this new information started coming out later in the day. originally the thought was that the 24-year-old intern had gone into the cage after-hours and it was just her and another worker there, and that that was obviously against the rules. but now we are hearing that what apparently happened was the cage wasn't fully secured, the door at least wasn't, the cat got the latch open, he got her from behind swiping her with his claw and breaking her neck instantaneously. that is a different account. any of the claw marks or bite marks happened after she was dead, that's what the coroner believes. we did have a chance to hear from people at the location. they say this new revelation, the circumstances of her death, very tough for them and the family to deal with, but they will fully cooperate with the investigation. take a listen. >> we want to assure everybody that the safety protocols in

place at the cat haven were in place at the cat haven. we have been incident free for 16 years since we opened in 1998. we are cooperating fully with the sheriff's department in the investigation and hope we can determine exactly what happened. >> reporter: this has been tough of course for diana's family. they say she loved cats from the time she was four, five years old she used to draw cartoons of them. the lion was called cous-cous. they believe he got out of the cage, got her from behind and broke her neck with a paw swipe. everyone is upset they lost her and said she was an amazing person. take a listen. >> even though she was only with us for a little over two months, she was part of our family. she made instant friendships with everybody up here, everybody loved her. >> reporter: that was the reaction from the project survival cat haven where she was very beloved.

her father talked about that, she was interviewed yesterday via our phone. it's been very tough for them up there. it's a very popular area. from all circumstances they really had no issues with safety in the past and they are trying to figure out how this cat got that latch open, and obviously that latch wasn't properly secured, bill. bill: and it was her dream to work with these animals too. >> reporter: absolutely. bill: adam housley thank you for that. live in l.a. today. here is martha. martha: here is a question that got me all riled up this morning. how did an undercover agent smuggle a fake bomb into one of the nation's busiest airports through all those layers of security? we'll be back. 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.

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