>> after 76 years toll collectors are being replaced at the golden gate bridge in favor of electronic devices. this is expected to save about $16 million, bill. bill: in the land of technology it's about time. thank you tony bennett and thank you for being with us today. catch you tomorrow. "happening now" starts right now. jenna: brand-new stories and breaking news this hour. jon: the highest court in the land hearing arguments challenging the federal defense of marriage act. what will the growing debate on gay marriage mean for both parties in next year's elections? karl rove weighs in. also a new report that the pentagon is deploying a special unit of marines to the mideast to more rapidly respond to the kind of crisis we saw in benghazi on september 11th. a live report on what the marines are up to coming up. more trouble for pop star justin bieber, a neighbor accuses the superstar of battery. we'll tell you what went down in the ritzy neighborhood the king

heart throb calls home. its all "happening now." jenna: first today a showdown over the definition of marriage playing out in the highest court in the land. right now you have the supreme court justices hearing argument in the second same-sex marriage case this week. we are glad you are with us, everybody, i'm jenna lee. jon: all kind of controversy in washington. i'm jon scott. supporters on both side of an emotional issue are out in full force. look at the line outside the supreme court. on the docket today the constitutionality of the defense of marriage act which president clinton signed into law in 1996. it defines marriage as the union of a man and a woman for the sake of more than 1100 federal laws, including things likess skate taxes, social security survivor benefits and health benefits for federal employees. that means as the law stand now married same-sex couples are not entitled to those benefits.

this follows yesterday's landmark hearing over proposition 8. california's voter approved ban on same-sex marriages. elizabeth pran bring us up to date from washington. >> reporter: on one hand you have the obama administration's lawyers as well as the plaintiff's attorneys arguing on behalf of the -- excuse me against the defense of marriage act saying it is unconstitutional. she says that herself, her former couple as well as the gay couples are being denied equal protection under the law. they are arguing the government has no legitimate reason to exclude same-sex marriage couples from the benefits which are received b by opposite sex couples. the justice less take almost two hours today. they are in fact in that hearing now to hear arguments on doma which allows congress to withhold federal benefits such as tax savings, social security payments, even medical leave from married gay couples. the 83-year-old had been married for more than four decade before she lost her long-time partner.

after her death she was forced to pay an inheritance tax because the government didn't acknowledge their marriage. solicit tore general will be inside of the hearing where he is right now on behalf of the obama administration and arguing alongside lawyers. the justices will also hear from a lawyer defending the act saying federal regulation should be limited to traditional marriage and the government has an interest in defining marriage only between opposite sex couples saying it encourages them to establish stable relationships when they proceed create. the obama administration has spoken out against proposition 8. >> the president has noted in talking with you about the transformation that's been taking place in american society on these issues. he's talked about his own evolution on these issues, and many other commentators on

american society have discussed, i think in depth this phenomenon, which is a welcome phenom tphop. >> reporter: it's always a possibility the justices may throw out without a decision letting the lower court's opinion stand. jon: elizabeth pran on a very busy day in washington. thank you. jenna: regardless of how the supreme court rules or doesn't neither of these cases, there is still the question on how same-sex marriage will surface as an issue for future candidates from both political parties. next year's midterm elections could be the first beg test. you may already expect many democrats express support for same-sex marriage. there has been a growing trend among young republicans to support i it as well. in 2008 republicans under 30 opposed same-sex marriage by 71% to 23%. a poll among that same age group four years later shows a bit of a change. 39% favored same-sex marriage

while 54 per did not. fox news contributor karl rove is former senior sreurs and deputy chief of staff to former president george w. bush knows the numbers well and knows politics better. let's talk about the issue for the gop is this a deeply philosophical issue that the party is tackling internally or a deeply generational issue that is bigger than party? >> i think it's both. you pointed out that younger republicans have changed their attitude about this. if you compare that across all age groups younger voters have had a more dramatic change in their opinions on this within the republican party and in the broader electioee electorate. if you look at all of the age groups and their movement between 2008 to 2012 the group that moved most away from barack obama and into the republican presidential camp were millenniums, ages 18 to 29.

about 11% of them shifted from supporting obama in o8 to supporting romney in 12. the more younger voters you have in the republican marty the more likely they are to have welcoming attitude towards gay marriage. jenna: you mentioned there are people that are concerned about party principles as well. walk us through that. how are different fractions inside the party navigating this issue of principle and the social issue when it comes to gay marriage? >> yeah, well a lot of republicans, most republicans are kra digs tphal social conservatives. they may be economic conservatives first and foremost but they have traditional social values and believe that marriage is a union between one man and one women. there are a lot of libertarians inside the republican party, some of whom extend their libertarian views to marriage, some do not. but look, the fact of of the matter is that our country as a whole has become more welcoming

of gay marriage. you look at all these polls over the last ten or 15 years and they show movement in this direction. and if it affects the broader culture it's going to affect the attitude within the republican party. jenna: let's talk about that streak of hreub tea hreuber tear is eupl. there has been argument that the way the g.o.p. should tackle these issues is to say that social issues are local issues. down with big government, we are done with that. is that a winning argument for the g.o.p., do you see that as a way the g.o.p. is going? >> saying that this issue ought to be left up to the states is a legitimate position and a lot of people follow around that. governor jeb bush of florida, senator marco rubio of florida, senator rand paul of kentucky all have that sort of attitude that it ought to be left up to the states. i'm a believer in the traditional definition of marriage. i recognize that a lot of my

fellow republicans don't accept that. i think one of the most important things is going to be inside the party is the tolerance, the forbearance shall, the republicans on both side of this issue have towards each other. we've seen people like vice president dick cheney come out for gay marriage. jon huntsman supported civil unions and came out for gay marriage. rob portman the senator from ohio wrote a personal essay about shifting his views on gay marriage given the fact that his son has declared to his parents that he's gay. i under there are different attitude for this. one of the key things for the republican party will be to maintain its equilibrium and not allow the issue to deeply divide and set the party at war against itself. jenna: do you think there is a chance of that happening regardless of how the supreme court rules. >> i don't think so. i think republicans on both side of this issue have a healthy respect for those who may not agree with them inside the party. at least that's been my experience thus far.

jenna: nice to speak to you as always. >> you bet. jenna: thank you. >> thank yow in cyprus, preparations underway to reopen that nation's banks tomorrow. according to the "wall street journal" large depositors could lose as much as 40% of their money in a new bailout deal. banks there have been closed for nor lee two weeks as politicians hammered out a deal to qualify for an international bailout. authorities had to figure out how to maintain calm when the banks do reopen. meanwhile ordinary sip pre ats with no access to cash are turning to community kitchens and handouts to food. greg palkot streaming live for us from cyprus. >> reporter: we could be looking at the calm before the storm. a lot of people are nervous about what is going to happen tomorrow. we have not got even official word but it really does look like the banks will finally reopen and it looks like there will be a lot of controls in place to make sure there is not a run on those banks. again, according to reports there will be limits on how much

money can be transferred out of the country, around the equivalent of $4,000 we are told. limits on cash withdrawals, around $400. maybe no check use, a limit on credit card use, all of this said to be temporary, but if you're a big depositor in the two biggest troubled banks you might not be able to touch your money for a longtime. this does have folks here worried and confused especially the little guy, the workers, people looking for their paychecks, thinking, wondering if they'll have a job next week or next month and frankly not knowing who to blame, the politicians, the fat cat, the european union, themselves. listen to what we heard from one fellow earlier today. >> it's like a dream. >> it's like a dream. >> yeah it's like a dream. tomorrow suppose we wake up and tomorrow morning everything be okay but i guess this is not going to be happen. eufrpblgts that's not going to happen.

indeed what is going to happen, however is a lot of security, jon. they are going to be out in force, there will be guards amount of the key banks. the folks here who want to avoid a replay of that hold jimmy security movie where we saw the run on the bank in that movie, with the markets nervous about this all around the world the people not just here will want to avoid that but people around the world are hoping that will be avoided as well. back to you. jon: stay out of that stampede tomorrow, greg palkot in cyprus. thanks. jenna: today there is more angry rhetoric from north korea. the nuclear armed tphaeubgs ramping up it's fight with south korea and the west as tens of thousands u.s. troops hold tight along the border. we will take a closer look at that with ambassador bolton. a brazen robbery caught on tape. the store owner is speaking out as police try to track down thieves who stole thousands of dollars. new legal troubles for justin pwaoerb. neighbors accusing the pop sensation of flying out of control over their confrontation

over his driving. a lot of fans are wondering if this is the lateness a string of melt downs for the superstar and what is next. >> what did you say? [bleep] [bleep] >> go back. [bleep] when i--- [ both ] oooooh... [ female announcer ] as you get older, protein is an important part of staying active and strong. ensure high protein... fifty percent of your daily value of protein. low fat and five grams of sugars. [ major nutrition ] ensure! nutrition in charge! low fat and five grams of sugars. new honey bunches of oats greek yohere we go.ole grain. 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.

jenna: headlines we are watching right now. a key al-qaida information and the is suing poland saying the cia held him there for some time and withheld information that would have helped the investigation into his case. the same man who gave the united states valuable information about khalid shaikh mohammed. >> an earthquake in taiwan. one person killed, 19 others injured. a memorial service today for a

pizza deliveryman in colorado. investigators believe he was killed by the same suspect who shot the director of the state prison system, just an innocent bystander in all of that. jon: right now sacramento police are searching for a pair of brazen thieves. this violent robbery caught on surveillance tape. the crooks busted in around closing time, pistol whaoeupg the cashier and sending others running for their lives. >> they had guns and put them to their forehead and knocked one of my employees down. my employees are really strong, and they are taking it day-by-day. i didn't even think they'd be able to come to work but they are all here. jon: the thieves made off with a thousand dollars cash and a customer's purse. the store owner says the pair cased the market earlier and tried to use a stolen credit card but were turned away. now she is glad nobody was shot or killed in their attack. jenna: right now the latest trouble for pop superstar justin bieber. rick folbaum has the details

from the bieb breaking news desk. >> reporter: i don't know in we should rename the desk just yet. this was bound to happen was -pt it? a teenage pop star with tons of money, pretty much a lock to get into some sort of trouble at some point. it's unclear what justin bieber was alleged to have done to his neighbor, whatever it was l.a. county police say they are investigating. apparently bieber was racing around his neighborhood in his ferrari. this is not the ferrari, but a ferrari driving a hundred miles an hour according to one of his neighbors. he went over to complain to pwraoeber to tell him to slow down and that's when he says bieber threatened him. the man's wife telling a local television station quote, justin bieber is just being a punk. he need to know he's not invincible. speeding through the neighborhood driving erratically like he's on a racetrack we have families here, no sidewalks.

this comes on the heels of a run in with the paparazzi in london, a trip featuring the singer collapsing on stage among other things. bieber taking to twitter to explain. he writes all this isn't easy, i'm human, i'm going to make mistake, i'm going to grow and make better from them. he finished his tweet reminding his fans he's still only 19 years old. the buddy with him on that european trip says everything is fine, bieber is just having fun. hopefully he's also being smart. back to you. jenna: question mark, question mark, question mark. rick thank you. jon: bieber need a daddy. a new report says our military is putting a plan in place to make sure something like this does not happen again, a terror attack on the u.s. consulate, september 11th, four americans died. looming questions as to why they were left to fend for themselves over an hour's long incident. well now new word of special teams ready to go at a moment's notice in response to a crisis. how would that work?

also it's one of the hottest tickets in town at least if you live in our nation's capitol. how much scalpers are getting for tickets to get into the supreme court.

jon: right now a new report that the u.s. military plans to implement rapid reaction teams that can respond to a crisis overseas. the "wall street journal" owned by our parent company says marine corps special ops teams will be placed aboard navy ships in the middle east and other places. this comes in the wake of the terror attack at the u.s. consulate in benghazi last september 11th. as you know that ambush left four americans dead, including ambassador chris stevens. steve centanni live in washington with details for us. >> reporter: the plan is for small groups of special operations forces to be in the

middle east and be ready for any emergency, like benghazi. they'd be based aboard the ships of a naval amphibious assault group which carries about 2200 marines and various aircraft. there are usually two or three of these groups forward deployed around the world. the special ops group would be called rapid reaction forces and one tool they could use would be a tilt rotor aircraft that can take off vertically or horizontal leave. the chairman of the house intelligence committee talked about the plan today. >> bee have these units that are deployable around the world for quicky action especially at embassies and other things. this is a prudent placement of resources. no one should read that this means that marines will be on the ground in syria, anything hike that. what it does mean is that we are in a better position if something like benge arhappens. >> reporter: this comes as the civil war in syria drags on. congressman rogers on sunday called for small teams and

special ops groups to help the opposition forces there. he believes syria has used chemical weapons and now is the time to act and that follows the deadly attack on the u.s. embassy on benghazi. there were no u.s. forces close enough to come to those killed and injured. special ops have of course served on ships with the marines in the past but not recently as the forces have been stretched rather thin in afghanistan and iraq. jon: thank you, steve. jenna: for more on this let's bring in retired u.s. navy commander christopher harmer who has worked on several submissions deployed as special ops. he works as a senior naval analyst at the institute for the study of war. you say this is a good idea, why? >> it's a great idea. all we are really seeing heress the marine corps return to its roots as a mayor a time service. over the pass 12 years the marines have spent so much time

involved in wars they haven't had the ability to put their special forces on ships. by doing this all we are doing is pre positions forces in small packages where they can be flexible and respond to crises on the ground when they occur. jenna: tell us a little bit about your background, chris. you mentioned that you've interacted with some of the special ops teams, tell us a little bit about what you did. >> as a navy helicopter pilot i spent 20 years active duty in the united states navy. i dealt with navy seal teams providing airborne support to them doing extractions. spent a lot of time in iraq, the mediterranean and the east coast of after africa in and around somalia. it's fascinating how a small application of force at the right time in the right place can shape the broader story and narrative. jenna: let's talk about perception versus reality. the special ops community has garnered a lot of attention post osama bin laden.

there is a great expectation surrounding these openers, arguably the best operators in the world. chris, they also have a lot of support behind them. what about that part of the story, having the response teams is one thing, but what do you think about the support behind them? do we have adequate support behind let's say a small group of individual that are responding to a crisis? >> yes we absolutely do. one of the advantages of having a navy and marine corps team the way it's set up is we can take the small teams and put them on ships and there is a lot of support built into the ship's system. a lot of communications, all the things you need to provide logistics to teams ashore. one of the shortcomings of special ope special operations is they can't fight a war by themselves. ae are enablers, they can open the door, get intelligence, conduct targeted strikes, that's what special operations do and placing more of them on ships where they are a little more mobile and have the support

systems built into the ships really makes a lot of sense. jenna: the questions come down to the ships, right whether or not we have the amount of aircraft carriers that we're used to for example in the persian gulf. we've heard a lot about that with sequester about whether or not we are going to deploying some of those ships. there seems to be a perception with the drones, special operators out there that modern warfare as we know it with bigger army is somehow over especially considering some of the budget restrictions. what is the right expectation on that? >> the right expectation is that drones do a great job of providing information. in very limited situations, very specific situations they can conduct combat strikes but there is really no substitute for actual force. in terms of the navy deployments to the persian gulf and middle east we don't lack the ships, what we lack is the operating budgets to deploy them. sequestration has really taken a hit on both the ability of the navy to deploy as well as our readiness, our ability to train to get ready to deploy.

jenna: chris, great to have you, that is one of the bigger questions that we'll explore in the future too. if we're going to be deploying smaller forces how much can we put on their shoulders and reasonably expect them to do. it looks like that is part of the evolution that we're going through at least for now. look forward to having you back, chris. thank you for the time today. >> thank you so much for your time. have a good day. jon: right now the supreme court is taking another look at same-sex marriage, this time it's the defense of marriage act. coming up judge andrew napolitano joins us to look at the controversial law and tell us how the high court might rule in this landmark case. if you're searching for a pair of hot new wheels or you just like to look stay right here. rick leventhal is bringing us the latest from the new york autoshow. rick. >> there are 35 vehicles here at the new york autoshow getting their world debut and this is one of them, the 2014 jeep cherokee. for one reason they are going to let me pull the cover off it.

that is going to happen right after the break. i can give you a hint it's deep cherry red. we'll show you this vehicle coming right up.

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use promo code: gethelp. plus get this document shredder free-- but only if you act right now. call the number on your screen now! jon: right now the supreme court is hearing more oral arguments on same-sex marriage. today the justices are looking at the constitutionality of the federal defense of marriage act and debating whether a legally married same-sex couple is entitled to the

same benefits under federal law as a married man and woman. today's arguments coming a day of at supreme court took up california's voter-approved ban on same-sex marriage. let's talk about it with judge andrew napolitano. a fox news senior judicial analyst. fascinating to me that you have the obama administration arguing against a federal law that was just put on the books in 1996, scarcely a decade 1/2 ago under bill clinton. >> it is very interesting, jon, the first issue the court will look at. the president has taken an oath to uphold the law, all the laws whether he agrees with them or not but he has forbidden the justice department from defending this law. so there are lawyers interested in the outcome whose fees are being paid out of a discretionary fund that the house of representatives given to speaker john boehner. so don't be surprised if the first question that chief justice roberts says to these lawyers, who are you? what are you doing here? you don't have a client. the same thing could happen,

could have happened yesterday by the way because governor jerry brown has taken the, of california took the same position about proposition 8, that president obama has taken about doma. it is unconstitutional. we don't want to defend it. if you get over the fact that there is lawyer without a client and no lawyer is defending the statute, then the court will get to the merits. the merits are for tax purposes can you treat a same sex married couple differently than a heterosexual and married couple? in this case it is a substantial tax bill. married couple, both females, one dies, the other inherits the estate. tax bill is $365,000. if they had been the opposite section the tax bill would have been zero. jon: they were married in canada, under canadian law. does that make a difference at all. >> no. they were living in new york

at the time of her death. her lawsuit against the irs was filed in new york city. the victory in the lower court and court of appeals that is being appealed to the supreme court. if the supreme court were to say we will not hear the appeal there is no real lawyer here defending this statute, she gets that $365,000 but there is no national ruling on this. if the supreme court were to say, well, all right this thing about no lawyer here, we have it resolve this one way or another. then whichever way it goes will obviously be the law of the land. the federal government will either have the ability to deny benefits to same couples that it grants to opposite sex couples or it won't. the court will decide. jon: the feeling among some people the court is going to somehow punt on this one. that it feels like setting concrete law into place right at this moment in history might not be the best idea. >> that is a very appealing and attractive argument and just judging from what the justices said yesterday they are reluctant to be making

these decisions. now the decision was made in 1996. the president who signed it repudiated it. that means nothing. it is still the law of the land. he could have changed his mind two seconds after he signed it. it is still the law of the land. the attitude of the public has modified significantly since 1996 but there is still the law of the land. the congress hasn't rescinded it. the president hasn't done anything to rescind it. he stopped enforcing it. he didn't tell the irs it turn the check over which he could have done but he didn't do that. jon: does the government have an argument in maintaining, or does the government have an interest in maintaining traditional marriage between a man and a woman? >> that's the question because the government can't write a law for no reason. every law has to have a rational basis. it has to have some reason. any reason that makes sense. so the government would have to argue, here's the reason for the law.

but the government is not in the courtroom. in fact, president obama dispatched the government lawyers to argue against this law which is truly unheard of in my experience. jon: so we could come out with a very surprising ruling or what is your prediction? >> we could come out with a very unusual prediction. everybody says justice kennedy is the swing justice and seems to have a soft spot in his heart for same-sex couples. who knows. he is going to do what he thinks the constitution and the law requires and it may not be the same outcome in this case as the outcome will be in the proposition 8 case that was argued yesterday. jon: could be a lot of, you know, switching of, jumping of the fences here in the supreme court. >> absolutely. they're supposed to do what the constitution requires. not produce the end result that they want. jon: judge andrew, napolitano. thanks. >> a pleasure, jon. jenna: "happening now" in new york as the international auto show where you can see some of the newest, most cutting-edge vehicles that are out there. for the very first time we'll revile the -- reveal

the newest design for one of america's popular suvs. rick leventhal has the honor and is live in new york city with more. rick? >> reporter: jenna, this is the 113th new york auto show. it is the first and largest in america. it is open to the public this friday. the press get a sneak preview. what we're seeing almost a thousand vehicles of 35 manufacturers. 60 of these vehicles never-before-seen. 60 all-new vehicles, 35 never-before-seen in the world. it took 600 tractor-trailers to bring all the stuff in to the jacob javits convention center. jeep allowed me to pull back the cover on the fourth fourth jeep cherokee. this is something i have never done before, certainly on live television. they gave me a lesson. this is your 2014 chief cherokee. boom, just like that. what you're looking at the grill first of all is a throwback. this is modeled after the original jeep from the 1970s,

the original cherokee. this vehicle is aerodynamic they tell us and a no compromise vehicle. it as off-road and on road capability. gas mileage improved 45%. can do 500 miles on a single tank of gas. the interior is u into and improved on this vehicle. i'll show you the screen over the steering wheel, the instrument panel, it is a larger screen there. this screen which isn't on now, is over eight-inches large. it has all the features you would expect. inner kpatability with your telephone. special shelves. plug in the stick to get information. the glove box is really deep. goes all the way back. you could fit a laptop in there. you could put your wallet in here if you want. you take a look at the year, you've got, back seat folds down both ways. that's good. the rear, of course, dual exhaust on this vehicle. it is a lovely piece of machinery. and jenna, for the first

time ever, this will park itself. so if you have any issues with parking. jenna: what are you saying? >> reporter: press the button. jenna: are you suggesting maybe i'm not a good parker? driver? >> reporter: you perhaps might be one of those people could use a self-park feature. and the fourth fourth has it. jenna: uh-huh. just in case. just in case you might need it, parallel parking in the city. >> reporter: how am i doing as a car salesman? jenna: you're excellent. >> reporter: thanks. jenna: very good with the cover, rick, for what it is worth. the whole broadcast television thing doesn't work out. i think you're pretty solid on that too. >> reporter: thank you very much. jenna: rick, thank you. jon: i have a jeep and it looks nothing like that one. thousands of people standing outside the supreme court as the justices hear arguments on same-sex marriage but a few people get to go inside and hear the arguments in person. however a front row seat to this kind of history can

cost you. some enterprising folks are reportedly getting as much as $6,000 to stand in line for a guaranteed seat in the court. peter barnes of the fox business network live at the supreme court. i guess that's some good business sense, peter? >> that's right, jon. this is a established business here in washington. totally legal. it is called line standing. there are several companies that offer line standing services. now, busy lobbyists, attorneys, executives, celebrities will pay firms about 35 to $50 an hour to get someone else to stand in line for them, to get a place in line for them at important supreme court arguments like this one here today as well as important congressional hearings. the line-standers are out here for hours. sometimes for days. they camp out in lawn chairs and in sleeping bag, as some did here which is how it can get so expensive for the clients. actor-director rob reiner paid a line-stander to get a spot in line for this

argument. high-profile lawyer gloria allred was also paying a line-stander. the companies were started several years ago by entrepreneurs who figured out there might be a market for these services with busy people who consider their own time more valuable. >> they probably charge about $50 an hour. and they usually have like a guy who manages everything. he gets 50% of that. he turns around and does the headache of hiring all the line-standers. >> wanted to be fresh. wanted to be able to really follow the arguments. so i needed a good night's sleep. america has always been built on entrepeneural spirit and i think bravo for someone to figure out a business model and bravo for the people who might be unemployed to be able to make a little cash. >> reporter: now the line-standers themselves, they tern 10 to $15 an hour as they wait to get a seating card for the arguments. the client shows up and gets it about an hour or so

before the public is let into the building. when the line-standers are outside like this. they have to endure all the elements like the cold weather and snow that we've had here in washington the last few days. when one of them, i know this is the most important question, when one of them has to go get food or get a, take a bathroom break? they hold each other's spots in line. they're professionals. jon: how kind. that's the american spirit as well. peter barnes, fox business, thank you. >> reporter: thanks. jenna: north korea is raising tensions with its neighbor to the south after it is threatening a missile strike against the united states. so where is this all headed? former u.s. ambassador to the u.n. john bolton gives us his take coming up. plus the fbi is investigating a mysterious death on a popular cruise ship. the breaking details just ahead.

jenna: "happening now", more tensions on the korean

peninsula as north korea cuts a key military hotline with south korea. that hotline allows cross-border travel to industrial complex shared by both countries and is one of the last major symbols of any cooperation between the two. the move comes the day after the north threatened missile strikes targeting hawaii and guam as well as the u.s. mainland. following of course these military drills that are happening in and continue to happen in the area. some new u.n. sanctions for the north, the north's nuclear test last month is one of the reasons why this is all sparked off. and remember, the u.s. has 30,000 troops stationed along the dmz separating north and south korea. john boltonn former u.s. ambassador to the u.n. he also a fox news contributor. ambassador, this latest moves has many analysts calling on china, saying that china now needs to get involved. they need to rein north korea in. what do you think about that? >> i think they should have reined north korea in a long

time ago. in fact much of the problem stems from earlier chinese cooperation with north korea on their nuclear and ballistic missile programs. i do think it is a fair to say that the level of rhetoric and some of the gestures that north korea has taken in the past few weeks are at a higher level than sort of their normal playbook of raving an ranting about what they're going to do with their weapons program. and, not so much because i worry that they actually are going to do something against hawaii or guam in the near future but because i think the prospect for them to take action against the south korean target, as they, in the past two or three years sunk a south korean naval vessel. they have attacked the south korean island, there might some military incident and some miscalculation or retaliation by the south that escalates before people really have a handle on it. so it is just the risk that they can take this a step too far. maybe not even fully

appreciating what they're doing. and then we've got a real crisis on our hand. jenna: because as you mention it is threat after threat after threat. there seems to be a new one each and every day. ambassador, on a bigger level do you think we're playing into the propaganda by covering each and every move of north korea? are we playing into them a little bit here? or should we be talking about this every day because as you mentioned there could be a real threat between north korea and the south or maybe other locations? >> no. i think we should talk about it. look, there is a theory that the obama administration followed called strategic patience. that because north korea acts as president bush once said, like a child in a highchair, it throws its food on the floor and expects the parents to pick it up, we shouldn't pay attention to it. i agree we shouldn't treat them as if this is a really dignified way of communicating, but as long as they continue to make progress on the nuclear weapons program. as long as their ballistic missile capabilities improve,

they are drawing closer to the day when they will have a deliverable nuclear weapon. jenna: who helping them, ambassador? who is helping them get better and newer technology? >> in the past several years undoubtedly they cooperated with iran on their ballistic missile program. we know that has been going on for the past 15 years. think there is every reason to believe that they have cooperated with iran on the nuclear weapons part of the program as well. it goes back, over the years, china, pakistan, the famous a.q. khan, the nuclear proliferator sold weapons designs and perhaps other technology to north korea. they may have benefited from russian nuclear scientists, not necessarily with the approval of the russian government but hiring them away. so they have used a lot of outside assistance but they have developed a pretty sophisticated domestic capability as well. jenna: one of the questions that remains we'll get to on another day whether or not we deal directly with north korea or we go to some

of those other partners which unfortunately we'll not be able to get to today. ambassador bolton, i always have to laugh and put up my hands. have to get the good questions at beginning. thank you as always anncr: and many of the tornado's victims are... without homes tonight. girl: first, i saw it on cable. then i read about it online. i found out how to help. i downloaded the info. i spoke up... and told my friends... and they told their friends...

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jon: right now we're taking a look what you could kit to save the government some money. one item on the list, excess federal real estate sitting there because of excess red tape. doug mckelway is live in washington. why doesn't uncle sam sell all the property and make a profit for taxpayers, doug? >> reporter: jon, this is example of kind of inefficiencies that plague the federal government even in times of tight money. there are estimated 55 to 77,000 vacant government properties nobody knows for sure because inventory has never been taken.

here is example. until the sale this month to a private developer for $19.5 million this government owned steam plant in washington's most expensive neighborhood, georgetown sat vacant for 10 years. the day before the house government committee on oversight held a hearing in the structure last june a for sale sign finally went up. >> if you can't get your job done. you have a 124 properties out of 14,000 properties. this is one property that i don't care if it is republican or democrat administration, if this administration or previous administrations the job is not getting done. >> reporter: in 197 congress passed a law said unused government properties first have to be offered to other federal agencies and to state agencies, then to indian tribes and as a last resort to be used as homeless shelters before they can go on the market. >> is the way to sell property. rather than government getting first choice, the first choice should be to sell, then go back down the line. there are plenty of places for homeless shelters.

the federal government already has excess property. so makes no sense to have the first priority of selling to go to another agency. >> many members in congress have not been in business. it means they haven't need to be in the position of running something, making hard decisions, having scarce resources and having to set priorities. >> reporter: several bills to expedite the sale of excess properties died in the last congress. house oversight and government reform committee passed a bill which members are confident will make it into law this time. jon? jon: most private enterprises run this way would go out of business, doug. >> reporter: right away. wouldn't last long. jon: that's for sure. doug mckelway in washington. thank you. jenna: when an affair forced david petraeus to resign his post as cia director, now for the very first time since the scandal he is speaking out. his candid admission coming up

>> reporter: brand-new stories coming your way over the next 50 minutes. the crowds are out again at the supreme court where justicesser hearing a challenge to the defense of marriage act. shuld the federal government be able to tell you who you can name as your insurance beneficiary? that is essentially the question they are deciding. a husband and wife go and a week-long cruise. the husband says he came back to their cabin to find his wife dead. latest on what the fbi is calling a suspicious case. red light cameras are not just for traffic tickets any more. what law enforcement wants to use them for and why privacy advocates are putting up a red flag. all this and breaking news as the second hour of "happening now" starts right now. jon: a major decision affecting homeland security. right now the border patrol is reportedly taking steps to save cash by leaving large sections of our border unprotected even after getting enough money to keep the agents on the job.

it's a brand-new hour of "happening now," i'm jon scott. jenna: i'm jenna lee. the agency is blaming the automatic sequester even though congress voted to maintain full funding to protect our borders. william la jeunesse live with the exclusive. >> the border patrol is losing 4,000 agents or 40% of its manpower because washing tan says budget cuts are forcing it to eliminate over time. large portions of the border will be unmanned, unattended, open for hours at a time and that means the border is not as secretary napolitano recently claimed as secure as its ever been. senior management told the agent's union yesterday effective april 7th there will be no over time or drive time, instead agents will work as little as five hours actually on the border. once they leave their spot on the border that area will be left unattended until the replacement agent arrives some two hours later leaving a huge gap in border security.

>> this is no longer about border security for cbp, it's about the bottom line. this has become a corporate mentality. it's not about the mission. they say it's about the mission but if it was we'd be out there securing the border. they are worried about securing the bottom line and that is the final answer. they don't care about securing the border any more. eufrpblgts this cut i >> reporter: this cut in over time is meant to put a $24 million shortfall but it is a might nightmare because agents usually drive two hours to get to the border. say a drone or surveillance camera picks up a load of illegals now tracking them and getting paid for it now when your six hours are up you have to leave. your replacement may try to pick up the trail hours later. by then that group is long gone. customs and border protection recognizes the problem and issued us this statement saying quote, automatic budget reductions must be applied to

virtually every program, project and activity that dhs has and it will negatively effect the mission readiness and capabilities of the men and women on our front lines. to agents this is a 25% pay cut in their weekly pay. for many of the young families and agents they say they could lose a house or a car. what many people don't understand is you arrive at tucson headquarters or san diego it takes you two hours to actually get to the border. it's that two hours of quote, drive time which is not over time. once that's gone you don't spend eight hours on your post you spend as little as six then you're out. that's why they are so upset. jenna: william, thank you. jon: let's talk more border security and the immigration debate. char here hurt is a columnist for the washington times. what do you think about that kind of hraoupb as see, charlie, the border patrol is tasked with keeping it secure and now they are saying, oh, we don't have

the money. >> it's really, true line credible, jon. it's exactly why the vast majority of american people have absolutely no faith whatsoever in the federal government. as william la jeunesse pointed out just a couple of weeks ago janet napolitano was saying the border is as secure as it's ever been and this is very much part of all the negotiations about figuring what to do with the 12 million illegal aliens currently in the country. no one wants to move forward until we figure out that the border is in fact secure. but of course they are down there playing games with this stuff. and we know for a fact that congress gave president obama, gave the administration the opportunity to rejigger the way the sequestration cuts took effect so it wouldn't hit vital aspects such as securing the border, but the administration waived that, declined that, threatened to veto it if they were given that opportunity because they really want is they

want people to suffer, and they want people to feel the cuts. jon: you talked about janet napolitano, i want to play for our viewers what she has said about guarding the border. it falls under the pursue of her agency, listen. >> we have stationed more border patrol agents down at the border than ever before. so the numbers have been driven to 40-year lows if you just look at things like apprehensions. we are confidence eve cold front confident that the border is as secure as its ever been. jon: they were caught saying look we were promising the american people the sequester cuts would be painful, so don't do anything that would make them less painful than promised. >> absolutely. if you read the statement issued by the border patrol that's exactly what the statement

said. it said basically that all these cuts had to be, you know, distributed around in an equal fashion and we had no control over it. that is nonsense, that is absolute nonsense. they have absolute -- there is absolute priority in border patrol to make sure that they secure the border. it's not that they do all the administrative stuff or that they have all the other things that they spend money on. the priority of the border patrol is to secure the border and they are clearly not doing that if they have whole sections of the border that will be unmanned now because they don't want to spend the money on that. it's clearly an attempt by the administration, a political attempt by the administration to make sure that americans feel the pinch of these sequesters, because the government just refuses to find reasonable things to cut. jon: the transportation security administration also falls under janet napolitano's um pwrel lashes and we've learned that they are telling americans that, you know, we are going to have to cutback on passport patrol

people, screeners at the airports. you'll be waiting in horrible long lines. oh, by the way we've just ordered $50 million worth of new uniforms. >> it's just staggering. and then let's take a look at when you do go through the line to get groped at the airport, you mean to tell me of the 45 agents standing around you can't find a way to scream line that and make it a little bit more efficient? i don't know, maybe make it so that you're not groping every single passenger that comes through there, but that you're doing it in a mortar getted fashion? you mean to tell me you can't figure out a way to scream line that anstreamline that and save some money on that end so people aren't forced to wait three hours or whatever it is to come into the country. the reason they are doing it is because they want people to feel it, because this administration is so adamant that we cannot make any cuts whatsoever to the federal government anywhere. it's devoted to sort of

continuing this -- the bloating of the federal government. stpho: and spending is still going up this year, worth noting against this sequester talk. charlie hurt from the washington times, thank you. >> thanks, jon. jenna: right now the supreme court is taking up a second case on same-sex marriage. large crowd have been gathering for days outside. inside the justices are hearing arguments over that federal law that defines marriage as between one man and one women. one day after the court weighed the constitutionality of proposition 8 the voter-backed ban on gay marriage in california. these are different issues. where does the country stand on gay marriage right now. right now nine states and washington d.c. allow same-sex couples to marry. they use the word marriage in that. ten other states allow either civil unions, or domestic partnerships. some of those states this allow these types of union also have a ban on same-sex marriage, again

the word is important there, in fact 27 states have a ban on same-sex marriage as it stand now. jon: more than one hundred days ago today the mass murderer of 20 children and six adults at an elementary school in newtown connecticut shocked the nation and prompted new calls for tougher gone control legislation. today that push seems to be losing much of its momentum. wendell goler live at the white house with a look. >> reporter: after the killing of 20 hilt kid and six adults in newtown, connecticut president obama drew up a wish list if you will of three main gun restrictions, universal background checks since 40% ever all gun staeuls occur without them and a ban on assault rifles and high capacity magazines. he has called the day of the newtown shooting the worst of his presidency and this past weekend he says it changed the country's attitude about guns. >> the last three months have changed us.

they've forced us to answer some difficult questions about what we can do, what we must do to prevent the kind of massacres we've seen in newtown and aurora and oak creek, as well as the every day tragedies that happen far too often in big cities and small towns all across america. >> reporter: as time passed since the newtown shootings support for tougher gun laws appears to have weakened, critics bit early complained about the president using the newtown killings to push for new restrictions saying it was too soon. the senate has peeled the assault weapons ban out of the bill for high capacity magazines. wayne lapierre opposes all the restrictions and says expanding background checks wouldn't help because the current system is neither fair nor accurate or instant he told mee "meet the press," quote the mental health record are not in the system and they don't prosecute any of of the criminals they catchment it's a speed bump for the law

abiding. police records for the january 2011 shooting of former congresswoman gabrielle giffords were released today. six people killed in that attack. gifford and eleven others were wounded. records from the newtown shootings will be released tomorrow. supporters of a been on high capacity magazines hope the information on how quickly the gunman was able to fire and reload will help them make their case. jon. jon: wendell goler at the white house, thank you. and coming up we're going to take a closer look at the issue of race in the national gun debate and the overwhelming impact our next guest says it is having on the black community. jenna: an apology from the former top spy, david pea tray us speaking out for the very first time after his sudden resignation over an affair, we'll tell you about that. also a married couple takes off on a luxury cruise vacation but only the husband comes back alive. now the fbi is investigating. plus, why bringing brother wants to use red light cameras for

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jon: right now the fbi is investigating a chilling his free on a royal caribbean cruise ship after a passenger is found dead inside her cabin. rick folbaum live in the newsroom with more. >> reporter: the fbi says it's suspicious but they don't say why. this is a woman who went on a cruise with her husband, the same husband who claims to have found her dead in her cabin sunday night. the dead passenger a 62-year-old woman from virginia. she and her husband got on royal caribbean's enchantment of the sea. this cruise was supposed to be a six-night seven day crews to florida and the caribbean. the ship docked in baltimore on monday as scheduled which is when the investigation began. they say the cruise line is cooperating. an autopsy is being done to figure out the exact cause of death. again it's being called

suspicious. that's all we know right now. if we hear anything new we'll pass it along. jon: please do. thanks. jenna: general petraeus is apologizing for the a fair that forced him to step down at cia director. he made his first public appearance last night since that sex scandal. it was at a dinner honoring veterans and rotc members. catherine herridge is live in washington with more. >> reporter: thank you, good morning. never directly mentioning the affair or his biographer he gave a speech to veterans in california, he addressed his resignation from the agency, reading from prepared remarks david petraeus said he was sorry. >> please allow me to begin my remarks this evening by reiterating how deeply i regret and apologize for the circumstances that led to my resignation from the cia on caused such pain for my family, friend and supporters. >> reporter: in this letter to the cia workforce released

november 9th then director petraeus explained that he had gone to the president asking to resign from his post for personal reasons. it reads in part quote after being married for 37 years i showed extremely poor judgment by engaging in an extramarital affair. such behavior is unacceptable a, both as a husband and as the leader of an organization such as ours. this afternoon the president graciously accepted my resignation. in last night's speech the retired general mentioned his wife holly who was not at the dinner as he told a story from a family trip to massachusetts in 2006 to visit their son who was studying there. the retired general was applauded for his position on the importance of protecting veterans, finding them meaningful employment after 9/11 and toward the end of the speech petraeus again thanked those who continue to support him adding that this is resignation and the circumstances surrounding it are a lesson to all. >> perhaps my experience can be instructive to others who stumble or in deed fall as far as i did. one learns after all that life

doesn't stop with such a mistake, it can and must go on. and the effort to move forward over the rocky path of one's own making is vital, inescapable and ultimately worth it. >> reporter: last night's speech is coupled with an op ed in the "wall street journal" and both of part what appears to be an effort to rehabilitate his image, jenna. jenna: we'll watch for what is next. catherine sthapbg you. jon: a lot of talk about gun legislation these days. is a key issue being left out of the national debate? coming up our next guest says we need to take a closer look at the question of race and gun violence. and talk about staying calm under pressure, how an entire office building full of people managed to keep their cool in the middle of a powerful earthquake. ♪

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powerful earthquake shakes taiwan. workers in this building keeping relatively calm as the magnitude 6.1 quake shakes their city. people are often plea paired for one to strike but i can tell you as a san francisco native when they do it's still a little bit of a surprise. by the time this thing was all over at least 20 people were sent to the hospital. >> mass shootings shocked the nation last year grabbing plenty of headlines but our next guest says we need to look beyond the headlines and some of the issues under consideration right now and talk about the overwhelming impact of gun violence in minority communities. fox news political analyst juan williams has a column on race and gun debate in today's "wall street journal." i hope a lot of people read it, juan. it makes you think.

we talk about maybe banning assault weapons and high capacity magazines and large capacity weaponry and so forth. you say there is a word that isn't being talked about that you think is very important. what is it? >> race. i think jon without a doubt when you look at the statistics they are just stunning. about half of all the murder in the country are murders of black and latino people. in fact it's more than half. and you think about it, you know, black people are about 13% of the population. so what you're seeing here is disproportionate. the question is where is there so much of this violence? and it's black on black violence for the most part, and it's young black people killing young black people. and yet there is no discussion of this. you see it reflected in terms of poll numbers where you see blacks and latinos overwhelmingly in favor of gun control, but then you go into the white community and the white community is not as supportive. well the question becomes why

this disparate reaction to gun control? i think part of it is what you see in terms of the tremendous presence of violence and killing going on in black america. i saw some statistics cited in the "wall street journal" piece that say if you look since 19 -pt ther1979 there are more black people who have been killed in this country than in lynching. that tells us how sick and sad the circumstances are. this is a generational crisis. jon: let let me read the statistics. you wrote almost 50 years when the 1964 civil rights act was passed the national out-of-wed-lock birth rate was 7%, today it is over 40%. the out-of-wed-lock birth rate was 2% in the 1960s, today it is 30%. among black children the out-of-wed-lock birth rate has skyrocketed from 20% in the 60s to a heartbreaking 72% today.

the hispanic out-of-wed-lock rate which has been measured for a much shorter period was below 40% in 1990 and stands at more than 50% as of the 2010 census. now juan, you're an avowed liberal you found an awful lot in those pronouncements like a black conservative who has been getting attention recently, dr. ben carson. megyn kelly talked thoeupl yesterday he said the break down of the family in the inner-city is a big part of our nation's problems today. listen. >> we need our president but we need everybody to focus on it. we need to recognize as a society, for everyone of those young people that we keep from going down that path of self destruction that is one less person we have to be afraid of, protect our families from, one less person we have to pay for in the penal system or the welfare system. one more tax paying productive member of society. jon: is it possible that you and dr. carson are sort of saying the same thing. >> i'm definitely saying the

same inning. i wrote a book about enough about just this issue. when you look at the out-of-wed-lock birth rate it directly ties into the gun issue. when you look at the high rate of slaughter, murder, homicide committed in the black community you have to ask yourself why do young black people find status and power in the gun? i think it's tied to the absence of fathers, it's tied to family break downs. we know that when children come from single parent families they have higher poverty rates, more social problems, higher drop out rates. this is not me making it up, i'm not on some pulpit, dr. carson is not on some pulpit, we are simply pointing out the facts and saying, why is it that everybody -- i'm a gun control support, you say i'm liberal. i'm a gun control supporter without a doubt. why is it that people want to talk about the size of magazines or assault weapons and not talk about something that is going to have far more impact than any new law, which is can we fix the

family situation, get these kids into a situation where there is a father and a mother and a community structure to support them so that they don't automatically think that the biggest thing in their life is having a gun and settling a dispute, you know, by shooting somebody or getting involved with drugs and shooting people over gang and drug turf. that's what is going on. jon: let me pivot slightly to a sort of related issue, juan, that's why so many hundreds of conservatives are lined up outside the supreme court right now trying to defend traditional marriage because they say marriage is an important building block to the society. >> i don't have any doubt about it. to me it is the essential building block, you know, on a personal level i was raised by a single mom for a longtime, my dad came back into the picture. but to me the idea of family is absolutely essential to who i am, jon. and you hear this from dr. carson, the mother saying education is everything, giving you values in terms of hard

work, you earn what you get, you know, and don't make excuses. this to me is so essential and it comes from families. it's not going to come from your piers or gangster rap that makes heros out of people who have guns and shoot and kill and end up in jail and make going to jail for a black man into some kind of rite of passage. this is sick dysfunctional thinking, but it is too common today, especially in our minority and youth communities. and i think people have to stand up and speak against it, and that's why i say, for all the talk about gun control, and this type of gun control, and background checks, look, some of it is good, but the reality is you've got to start with the heart of the problem and the heart of the problem right now is the carnage that we see in the black and latino communities especially among our young people. number one cause of death black and latino men between 15 and 34 homicide by gun, jon. jon: and you think -- you're saying that if that kind of carnage were occurring in the white community this gun debate

would be a very different thing right now. >> i think so. obviously what we saw in newtown is a white young man attack mostly white children, and so that had a tremendous affect on the country. but what you see is that president obama was able to react to that event. a white young man killing white young children but he didn't react to what is going on in chicago where on a daily basis, i think the president said himself every four days is an equivalent of a newtown in his hometown of chicago. but he was unable to speak to it because it was too politically explosive when you just speak about what is going on there, and i think people shy away from the racial angle of this gun debate, and i think it ill serves us in terms of understanding what is going on in our country and who is at risk. jon: even some minority leaders have shouted down those who are making your point. people should read your column in dallas wall street skrourpbl for more information on that. juan williams, good to have you

on. thank you. >> thank you for having me, jon. jenna: great leading and a great conversation. a lot of ground to cover there. in the meantime jodi arias is returning to court today, her lawyers planning to call a domestic violence expert to the stand. of course this is in her murder trial, which could mean more scrutiny of her relationship with travis alexander. will the strategy of blaming the victim save her life or backfire? we'll take a closer look. police in some states expanding the use of red light cameras. critics say they are violating privacy rights to do it. the latest on the legal battles, next. ♪ [ male announcer ] this is a reason to look twice. the stunning lexus es. get great values on your favorite lexus models during the command performance sales event. this is theursuit of perfection.

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[ male announcer ] roundup extended control ♪ yeha with the new one-touch wand. [ whip cracks ] jenna: breaking news out of the supreme court as the justices consider a challenge to the federal defense of marriage act. shannon bream was just inside the court for those arguments and has news for us now. shannon. >> reporter: i just stepped out. it became apparent there were a a number of the just advertises who thought maybe this was an issue better left to the states to decide. it defined marriage for the purpose of federal benefits things like the irs. 1100 different laws. interesting today that the government argued, because it's not defending doma, the obama administration decided not to, there was a nanna must for the lawmakers who voted for domaa. they were trying to signal disapproval of the homosexual lifestyle.

coming up i will tell you how opponents and proponents of doma how they answered that very serious charge. we'll have that at the top of the hour. jenna: we'll look forward to that. thank you. jon: a new round of controversial testimony set for today in the murder trial of jodi arias. her lawyers are trying to convince jurors she killed her boyfriend in self-defense. to help make their case they are calling a psychotherapist back to the stand as an expert witness on domestic violence. add ham housley has that live from los angeles. >> reporter: this final defense witness is really meant to try to patch the holes in the defense case. they had the other dr. samuels on the stand for fix days and there were issues of course with his testimony. he admitted to making mistakes in his report. this witness is there to be a domestic violence expert. yesterday she is sort of touching on some of the issues about how travis was brought in insinuating that because he had problems within his own immediate family that might have led to him being more of an abusive type of a boyfriend. take a listen.

>> they get in a situation with their partner and they are thrown back to that powerlessness that they had when they were kid and they don't know what to do with it. and so they act to stop that powerlessness, and the way to stop powerlessness is to get bigger and more powerful, either verbally, emotionally, physically than that other person who they see is making them feel powerless. >> reporter: she is an expert on battered women and also an author on domestic abuse. the insinuation here is the defense is trying to prove that because travis had a tough up bringing with his immediate family that that potentially led to him being an abuser and led to ptsd which is the reason why jodi arias can't remember killing him or at least remember most of the killing. the problem with that is a couple of things, jon. jodi arias herself has admitted she had a tough up bringing this,ee what she inc insinuated in her testimony. there aren't a lot of people out

there, there is really nobody out there that's been able to prove other than jodi arias or say that travis alexander was an abusive guy. it will be interesting to see how this plays forward, more interesting of course is going to be the cross-examination because as we know the prosecutor has been nothing but aggressive and he tore up the last witness so we're curious to see what he does with this one. jon: are they actually using travis' name and suggesting that he had some kind of a horrible up bringing or are they just kind of throwing general picture questions out there. >> reporter: they are just starting with general picture but they are insinuating they are going that direction. they tried to prove this a little bit before. they are going back that direction now. they said this made him an abuser. the ptsd is the reason why jodi arias doesn't remember she killed him, stabbed him 27 times, slit his throat ear to ear and shot him in the head. that's where this is all going. but again the cross-examination will really tell if the jury believes this or not. the jury can ask questions that will give us an insight as to

whether they believe the testimony or not. jon: thank you very much. we'll get back to you in a bit. jenna: we'll talk a little bit about the defense strategy. ted nelson a former prosecutor and criminal defense attorney. esther panich a criminal defense attorney. this is all about hype the hype owe thet particulars. is any of this fact or are they making somebody up? what are they doing? >> they are making it up, that's exactly right. at this point everything they are talking about is a hypothetical. what they are doing is they are building this case about this hypothetically horrible person. they haven't mentioned travis yet, but they want to just keep piling on, hey he was a victim of child abuse, that his parents used drugs, that they often neglected him and didn't care for him. jenna: we don't know if any of that is true. that's just they are hypothetically saying something like that could have happened maybe in his past? >> they are implying it. that's what's no crazy here. this is such a huge gamble by

these lawyers. because if it turns around that they can't actually tie it together and make it where the people under it's the truth they've got to stair at the -- the family is in the front row and they'll be looking at that family and if it's true they will be mad at the family, but if it's not true they are going to be mad at the lawyers, therefore they are mad at jodi arias it's that simple. jenna: esther they are attacking a murder victim in this case. how risky is that? >> it's of course very risky. but in a self-defense case that's all you have as a defense attorney. if travis alexander really attacked jodi arias then everything that comes with it is ugly. sometimes the truth is ugly. you know, mr. martinez doesn't have any problem talking about jodi right in front of her parents and her parents are certainly not to blame. this is just one of these -- court is not for sympathy it's for justice and for truth. if the truth is that jodi acted in self-defense, and i don't know that that is true, then it

has to come out. and the jury has to know that. it is not a place -- the defense attorney cannot just take into consideration travis' family sitting in the front row. their jobs if that's what is going to happen. if i can just add something to the hypothetical issue, it's a psychgist who has never met travis alexander. it would be unethical for her to diagnose him without having ever met him. all you can do is a hypothetical. you can't get alay person talking about a hypothetical but you can get an expert talking about a hypothetical. jenna: i want to show the front row of the people watching the trial. we don't see the jury but we do see the audience there. that front row is full of very stoic faces, some of them family members of jodi arias, some of them family members of travis alexander. that's what the jury is seeing. as a prosecutor would it be wise to battle these hypotheticals by

engaging in them, calling a family member and asking whether or not any of this is true or is it better left alone? >> i think they are going to battle it. and the reason i think they are going to battle it is because if you look at the first expert that the defense put on, dr. samuel son he basically said that she was going through pose traumatic stress syndrome an didn't even evaluate her after she came clean on what actually happened. so he evaluated her when she was still sticking with the story about the intruders doing the murder. so now you've got this next expert. and she's coming clean and she's saying, hey, all these problems with travis, about his bringing up, and there is travis' family, in that very front row, and i think that martinez is going to put on some evidence to show that hey, that is not actually true, so i agree with esther. we can't hold this against the actual expert because she can only talk about hypotheticals. but who ultimately gets tagged with this? if it's not believed is the

defense attorneys, therefore jodi arias. that's why it's such a big gamble, because if they are rubbing this man, this deceased person's face in the mud in front of his family, and it's so not believable -frbgs just like the first expert wasn't believable they will make jodi arias pay the price. it's that simple. jenna: esther you mentioned very risky. a quick final thought from you esther. >> i think that ship has sailed and jodi's testimony, she already talked about horrible things that travis was alleged to have done. so i don't know that having this expert makes anything any worse. frankly i don't know that it can get any worse in terms of character assassination of a victim. but the defense has -- their ultimate goal is to get her away from the death penalty, and if they can garner any empathy on that jury they can do that. jenna: we'll see if they are successful as we continue to watch this trial. thank you. >> thank you. jon: i hate to be his family sitting there listening to all

of that. balancing your privacy against public safety. why police want a green light to look at red light cameras. plus, another sinkhole threatens to swallow more homes in florida, and it's causing quite an alarm. >> like i felt the floor move ability. i was like holy molee, like are you serious? [ male announcer ] it's red lobster's lobsterfest

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. jenna: right now a new sinkhole scare in florida as several residents are foesed to evacuate following threats that their homes could just suddenly be swallowed up. rick folbaum has more. >> reporter: unbelievable. jenna. this is three miles away from where that man was swallowed up last month. there are signs at least of something similar possibly happening there. the floors beginning to bungle, the walls starting to crack, that's why residents of this duplex were evacuated. here is one of the people who live in this house. >> you hear it, the floor like a

groaning, like a tile cracking like something is moving down there. i'm like okay. >> reporter: this is hillsborough county in florida. officials say they noticed the soil around the property was soft, that's why they recommended that folks there spend the night somewhere else and the red cross jumped in to help out with that. today a soil sampling crew is testing that ground under the home. also in that house in addition to the woman we just heard from a man who is in a wheel hair and a newborn baby as well. and if this wind up being confirmed as another sinkhole, jenna it would be the fourth found in the seffner, florida area in the past month including the one that killed 47-year-old jeffery bush who was in bed when the ground gave way. his body still has not been found. back to you. jenna: rick, thank you. jon: well there is a new push in a couple of states to make big brother even bigger. oregon and washington are considering bills to strip away privacy rules giving police access to more cameras tracking cars and drivers.

the move would help law enforcement officers, but there is a major concern about privacy rights that comes with it. dan springer live in seattle with that. dan. >> reporter: yeah, jon, we know the use of these red light cameras is expanding widely as cities see them as a good way to raise revenue. 25 states now have red light and the speed zone cameras. many of the states only allow the cameras to be installed if they would be for traffic enforcement only. that was to appease the civil libertarians who complained about big brother and a surveillance society. now there is an effort to let law enforcement access the video with a signed search warrant during criminal investigations. prosecutors say the cameras could be another tool to put dangerous people behind bars and there is really no privacy issue because there is no expectation of privacy when you drive through a very public intersection. >> we are not asking for free access to this -- these data images, we are saying, look we only want to access this information when we have

probable cause to believe that there is information available. >> law enforcement always wants more and more powers and that is understandable, but when you start putting it all together it does create a system of tracking where people go, and what they are doing, and who they associate with. >> reporter: and the fear of course is the old slippery slope like the video popping up in divorce cases to catch lying spouses, or other fishing expeditions. prosecutors insist they only want to solve big crimes like a drive by murder last year in seattle where if they had access to video from a nearby red light camera they may have captured a license plate instead of just this grainy surveillance video. two strong arguments being battled out in state legislatures right now in the pacific northwest. jon. jon: keep an eye on us for us. dan springer in seattle, thanks, dan. jenna: they are a popular way to show a little style without the commitment, but henna used for people prairie tattoos could

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jon: it's an easy way to get a new look that only lasts a few days. its supposed to be safe but the fda is raising concerns that some temporary tattoos could lead to permanent scarring. the issue is a type of black molly henneberg it's called that is triggering an unusually high number of allergic reactions in those who get the so-called temporary tattoos applied. dr. tanya altman is an assistant clinical professor at ucla and a spokeswoman for the american academy of pediatrics. doctor altman i was reading that you yourself have actually received molly henneberg tattoos. >> i have. i was in a friend's indian wedding and i had a molly

henneberg tattoo applied. what we're talking about isn't the traditional molly henneberg or mendi that is used in indian weddings. the traditional molly henneberg leaves an orange-brown color on the skin, that is fairly safe. i've never seen any reactions to that. the issue becomes when tattoo artists call ttd, this is a substance that is fda approved for hair dye but not to be used on the skin. this is what can cause an allergic contact reaction in some people. jon: a lot of kid are out this week on spring break u know, going off to the beach, those little kiosks where they do this kind of thing. parents ought to know that, well the kid themselves ought to know that the traditional molly henneberg is basically okay, it's this black molly henneberg that you have to watch out nor. >> right. and the black molly henneberg it's not life threatening, it's not like somebody who is allergic to peanuts might have a serious reaction. it's a local contact reaction

that if you're allergic will appear a few days after the tattoo is applied, similar to poison oak or the metal allergies that some people have. in some cases it can be quite mild, a little bit of itchy red skin, in other cases it can be more severe and you can have some weeping blisters. and some people who have a little bit less pigment or more pigment left in their skin for months after such a tattoo has been applied. jon: there have been horror cases logged of even little 5-year-old kids who apparently have lifetime scarring as a result of the allergic reaction they get from this black molly henneberg inc. >> lifetime scarring would be rare. i do see kids in my office with a severe allergic reaction. i want to tell parents if you see it immediately wash off the tattoo. use soap and water, rubbing alcohol, saltwater, even nail polish remover if you need to. make sure the skin is clean and talk to your doctor about applying a steroid or

hydrocortisone for a few days to help get rid of the allergic reaction. rarely will there be long term damage. jon: i'll try to pre gent jenna from getting a black molly henneberg tattoo. dr. tanya altman, thank you. jenna: thank you. jon: we'll be right back. morning, brian!

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with world-class monitoring centers and thousands of qualified technicians. we've got a personal passion to help your business run safer, smarter, and sharper. we are tyco integrated security. and we are sharper. >> some scary new video into the landslide on woodby island north of seattle. this happened overnight. look at that. the sheriff called it a massive slide. said nobody was hurt. 17 homes had to be evacuated. one was actually destroyed. it is not clear when residents are going to be allowed to return to their home. the causes of the slide not really clear. experts think it might be due to an accumulation of moisture in the soil, but imagine that, you wake up and say, honey, something swallowed the back yard. >> it looks like a beautiful area, too. >> i'm sure it's gorgeous there on puget sound, wow,