spit in his face. that is now under investigation. we'll keep an eye on it and hope for the best. thanks to our panel. i'm jon scott. see you again next week. >>. >> gregg: hello, welcome to america's news headquarters. >> heather: happy easter weekend to you. topping the news airport operators are asking the faa to shut down 149 air traffic control torches fearing that it could put passengers in danger. >> how do you look at it? you couldn't have hiv?

>> gregg: outrage after thousands of families could be facing serious health risks amid allegations of unsanitary conditions at the oral surgeon's office. we'll explain what is going on here. >> heather: and the defense department denies a key request from fort hood attack survivors and family members. wait until you hear the reason why. >> gregg: first, a fox news alert. north korea ratcheting up tensions worldwide declaring it's entered a war with south korea and willing to attack the united states without any prior notice. this topping a week of bizarre news and harsh rhetoric. the state controlled media releasing these images of kim jong un and top generals pouring over plans to bomb the united states. they vowed to defend their

leaders to the death and today, a new threat to shut down a factory complex seen as the last major symbol of cooperation with south korea. elizabeth pran is following the story. >> reporter: like you said we've seen a stream of threats that continue. statements reaching an all time high. north korea says this is the final warning. >> from this time on the north-south relations will be entering the stay of war and all issues raised between the north and south will be handled accordingly. a state of peace nor war has ended on the korean peninsula. >> reporter: the young leader threatening to close an industrial complex. manufacturing plants from both north and south korea not far from the border. thousands of north koreans work there. they say the threat is unhelpful to the country's unstable

relations. state run media releasing a photograph of the middle night meeting with his staff. his rocket plans target military bases and cities in the u.s. you can see the large scale map in the back. it's not sure if they have technology of hitting the mainland but targeting neighboring countries within those regions. it came one day after the u.s. conducted joint military drills with south korea. state department officials to send the b-2 bombers were part of normal exercises but officials say they are not ignoring the provocative threats. >> when a country says the kinds of things that dpq is saying that we when we say and we will defend our allies that that is

credible. >> reporter: keep in mind north and south korea have technically been at war since 1953, korean war ended in a truce and not a peace treaty. >> gregg: elizabeth, thanks. with north korea's dangerous rhetoric moving into uncharted territory, where is it head had had? christian whiten will be joining us just ahead. >> heather: military now identifying the navy seal killed in a training accident in arizona. 31-year-old special warfare operator chief brett shadle died during a parachutein midair. training in a town outside of tucson. he is from pennsylvania and highly decorated member of seal team six. that is the elite unit that

killed osama bin laden. there is no word on whether he participated in the raid but we know he served in afghanistan and iraq. navy says the other seal is in stable condition and an investigation is under way. >> gregg: families and survivors of the 2009 fort hood shooting expressing outrage right now as the defense department is refusing to award purple hearts to the injured. according to documents, new legislation is needed to present those honors and labeling the attack a terrorist act. defense department is refusing to do that. the department says the terror label may prevent the suspect from getting a fair trial by potentially influencing court-martial panel members and witnesses. hassan is accused of going on rampage on the base. 13 people killed, dozens more injured. department of defense is handling the incident as a case

of workplace violence. >> heather: veterans groups meantime, are protesting against proposed plans to change disability payments for veterans. the benefits over time like social security is tied to inflation, but the obamacare administration is proposing changing the way benefits are calculated so they would increase at a slower rate. the decision on this plan will likely come as part of a larger budget deal. >> gregg: republicans are pressing president obama to aprove the keystone pipeline calling it a no-brainer in the weekly address. lee terry said the pipeline would give the ailing united states economy a shot in the arm and make energy more affordable. despite that the obama administration has held up the project citing environmental concerns. james rosen reports from

washington. >> reporter: gregg, about two weeks remain in 45 day for comment. the ball will be back in april in obama's administration's court. portion of this 870 mile pipeline are already being built but portions have been held up citing environmental concerns. as envisioned by the corporation the pipeline would actually be the secondly of two and would bring online an estimated 830,000 barrels of crude oil per day. >> it's now been more than 1600 days since the initial permits were filed for building the pipeline. to put that in perspective it took the united states a little more than 1300 days to win world war ii and it took lewis and clark about 11s on days to walk the walk the louisiana purchase and back. >> on friday they proposed new regulations on the levels of subtle fer and gasoline and

emissions from tail pipes. if finalized they would take place in 2017 and average cost of a car could rise $130 they say the rules will prevent thousands of deaths each year and save $20 million in health care costs. tradeoff of less than a penny increase in gasoline for tens of thousands fewer cases of respiratory ailments like asthma and thousands of lives saved is an indication they have done a lot of work on this, deputy white house press secretary said on friday, but he added there will be an opportunity for public comment and we're going to continue to work with industry and other relevant stake holders to put a policy like this in place, unquote. >> energy industry spokesmen say it could cost 9 cents per gallon at the pump. gregg? >> gregg: james, thanks.

>> heather: new questions about the future of same-sex marriage after the supreme court heard two high profile cases this week. demonstrators from both sides made their voices heard outside the high court. a new call asked whether the government should even be in the business of defining marriage. here now is national columnist and author of that piece, john fund. thank you for joining us. in your piece that was published friday you say that a cultural civil war can be avoided by getting government out of the business of marriage. first of all how do we do that? and who would sanction marriage? >> remember that marriage has always been both a religious ceremony and very recently the last couple hundred years a civil ceremony where the government gets involved. now with hatch the country supporting gay marriage and half

the country not, we are heading for a big political battle, most observers say the supreme court is not going settle this. nine states favor and 41 states against gay marriage and big political mess. a lot of people including scott walker say, you know when people come up and ask me, should the government be in the business of marriage? shouldn't we leave it to individual choices and churches. marriage could be a private contract that can be adjudicated in courts and settle in what a marriage will mean for them. >> heather: here is the thing. one of the arguments as you understand them, would either side really be happy about taking government out of it. >> remember, there is awful lot of people that the debate is lucrative and very fulfilling. they think it's either the civil rights issue of our time, which

i don't, or they think it's the end of western civilization which i don't. people aren't trying to score political points, average people they want to get on with their lives. i am not appealing to the far left or far right but the sensible center. >> heather: so turning it to a private right. it would not be an easy task. >> it wouldn't be easy. what we're going to lead in is battles over gay marriage could be a problem because supreme court justice mentioned where do you stop? people want more than one wife, more than one husband? where do we draw the line? by taking this into the private realm and saying, of course, government has a role. you can't have a master slave contract. you can't marry your brother or

sister, there is certainly things government would prevent. let's change the tax code to a flat tax so that gets rid of the marriage benefits and penalties. let's try to do as much possible take government out of having a good housekeeping seal of approval for whether you are married or not. that would be a start. if we work towards that goal rather than deciding which groups are in the marriage sanctioned by the state, i think we would be whole lot better off. >> heather: i wanted to take a look at latest fox news poll because the numbers are changing in terms of how people feel about this issue. this recent poll, it found that 49% of voters favor gay marriage. that is up from 32% a decade ago. so looking at this particular poll, what do you expect the supreme court justices will do in both of these cases. the defense of marriage act and california's proposition 8? >> even if they strike down the defense of marriage act, there

are 1048 places where the word spouse is mentioned. without the definition of marriage that is all up for grabs -- i don't think the court is going to declare gay marriage is legal nationwide. think i we should look at this as a private solution. the government is going to be arguing about this for decades. if we move to contract law, i think we could take a lot of the emotion out of this. people would find their own way. you know, there are ways of handling children and inheritance and lots of things, courts would enforce it but not dictate the form they take. >> heather: thank you so much for joining us. your publish will be published on friday. >> yes, national review.com. >> gregg: the lawyers are going to get rich, one way or the other. >> heather: isn't that always

the case. [ laughter ] >> gregg: a massive landslide cutting off a washington neighborhood, several homes evacuated, more remain inaccessible. >> heather: new fallout from the faa decision to close nearly 150 control towers at airports all across the country. is this putting public safety at risk? >> and marine's battle here at home why he is being told he has to remove an american flag. >> anybody shouldn't have to go through that. i fought for the flag, now i'm paying for the flag. [ male announcer ] we build things

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>>. >> heather: time for a quick check of the hethed lines, evan evil was released from prison three months early and ee suspected of killing tom clements. an official in tanzania in hope of rescuing more survivors. at least 18 people were killed when the building gave way. thousands of victims of super storm sandy, they are still living in new york city hotels

five months later. city officials say the residents will be placed in public housing by the end of april. >> gregg: some pretty good news for folks that have been dealing with that massive landslide in washington state. they have been cut off from their homes on island since wednesday when the ground literally fell toward the sea. dominic is live in los angeles with details. >> reporter: they are making some inroads into recovery efforts and quite literally the emergency department in island county, 50 miles north of seattle is building an access road through the massive pile-up you can see them working on it. there are a dozen houses that have been left cut off. actually one was destroyed.

now, the authorities believe it's settled but by no means saying it is all over. >> we are still saying it's an active event. there is minor dirt falling off. that continues which is normal for a landslide. so we are conscious it could be an event that could cost potential problems and we are promoting safety at that point. >> reporter: that is why it's one of the reasons the cost of slide and homeowners one of the drawbacks, it's still a fluid situation. the real bad news for owners that regular home and business insurance isn't likely to cover landslides usually considered an act of god. so the bill could be a heflt at this one. we'll know more as they go into. about 200,000 cubic feet of earth that slid.

it's been moving for about ten years and could date back as far back 11,000 years and they knew it was coming but not precise. >> gregg: an act of god. dominic, thanks. >> heather: new neighbors of marine veteran say they want him to stop flying the american flag on his property. here assault story. >> reporter: shimmering in red, white and blue, it's considered a sign of patriotism, a symbol of national unity but in this town this display of an american flag is considered a code violation. >> 24-year-old marine corps veteran after serving overseas,

flying a flag in his yard is a must. >> everybody should be able to see that. >> reporter: but after hoisting it up few weeks ago he was slapped with a citation. >> i was disgusted that anybody should go through that. i fought for the flag and now i am paying for the flag. >> why is it he can fly the flag? >> he can fly the flag but he has to get a building permit. >> reporter: he says the flagpole is considered a structure which means if sheriffer doesn't have a permit the star-spangled banner has to come down. >> i would love to see him do this. it's not personal but it's my job. >> reporter: but because he is renting the house he has to have a third party contractor apply for the permit that could cost nearly $1,000. but the marine veteranatever hao

animosity to the neighbor that complained and complaining and petitions are freedoms that he put a for. >> i respect them to file a complaint. i respect what they did? no, i respect their ability to do so. >> heather: anonymously too. >> gregg: no courage. >> i guess there is a difference between hanging a flagpole off of your house and structure that has to be constructed. >> gregg: quite tall, but still, come on. let's give him a break. all right, north korea says it's in a state of war with south korea. bully or bluster coming up. we'll get the take from department of state. >> heather: new details of an oral surgeon accused of exposing thousands of people to a deadly virus. what investigators found in his

office that was shocking. now his former patients are getting tested. >> just wrong. if you can't trust a doctor and dentist and the people that are supposed to do right by you, who can you trust? the new guy is loaded with protein! i'll believe it 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! the longest 4g lte battery in a razr thin profile. with 32 hours of battery life that turns an all-nighter, into a two-nighter. the droid razr maxx hd by motorola. droid-endurance. droid-powerful.

>>. >> heather: welcome back. it is the bottom of the hour, that means top of the news. the white house saying it is taking north korea's threats very seriously. today north korea said it's in a state of war with south korea. >> gregg: former south african president nelson mandela is breathing without difficult after being hospitalized with a

recurring. >> exxon mobil managed to shut down a pipeline after it sprung a leak 20 miles out of little rock. damage from the spill is still not known. >> heather: a critic in oklahoma is testing patients that my have been exposed to hiv and hepatitis by an oral surgeon. they found filthy conditions at dr. scott harrington's office in tulsa. one daughter was among his 7,000 patients at risk. >> if something happens, i could jeep dies the rest of my life. >> i'm outraged, how could this happen? >> heather: david lee miller is following the story and has more. >> reporter: many former patients. doctor are not only angry they are worried. who are than a hundred lined up around the block to undergo

testing to find out if they have hiv or hepatitis. doctor shut down ios office after a patient tested positive for hepatitis. what investigators found was shocking, contaminated drug vials and improperly equipment. they sent out letters to all patients to be screened for exposure to disease. >> i have chills. i could say i'm not frightened but it's the uncertainty of where i am. >> how dare him. i mean -- that is why we have medical ethics in america to prevent this. >> reporter: officials warn that the health scare may be more widespread. the problem. the officials notified all 7,000 patients and from doctor's records only go back six years.

up to last week, he had been treating pains for more than three decades. how many others might be at risk we do not know. according to one health care professional, medical experts should always exercise caution. >> as a surgeon, i always treat everybody as if they may have hiv or hepatitis b and c and that is how we cover ourselves and the patient. so sterilization skills have to be used and you have to be very careful how you use your gloves. >> dr. hair ton's former patients, they wouldn't know the results for up to three very long weeks. >> heather: even more excruciating for them. thank you david lee miller reporting live for us.

>> gregg: a group of airports is suing the government over plans to shut down control towers. the five airports are in illinois, washington state and florida. nearly 150 towers nationwide set to lose their personnel beginning on april 7th just over a week from now. faa says it must cut $637 million because of spending cuts known as sequestration but the airports say the cuts break the law by putting passengers at risk. do the airports have a case? our legal panel, david wohl and kiesha joins us. you tipped me off to this when the amount of money we spend on foreign aid. i had our brain room look it up. $37 billion in foreign aid. seriously? >> $637 million isn't available to keep flyers safe?

150 airports will be affected when they get their air traffic control towers stripped, that is 150,000 flights annually. feds publish this four page list i found of concerns that the airports will have. one of them is weather observation. airports may choose to acquire contract weather observers if they are available. if they are not available, they won't have any weather control. the flights will have to land eye-balling it. they will have to have a temporary restraining order citing irreparable harm if the federal courts don't stop this. >> gregg: a lot of folks may say wait a minute, why the government even funding these very small city control towers? >> right. that is one of points i wanted to make. these are major airports. they are smaller airports and they also have the option to either get funding from the

state or they can privately fund it. we have to look at the reality of the finances in our country right now. i understand what david is saying but you have to be realistic. >> gregg: david, what about that point. a lot of people think government has gotten way too big. let's start with the small airports. >> you know, gregg, the problem many people see this is sequestration related political gamesmanship. in other words, the administration is deciding who and what is basically fair game for expense cutting. you talk about 150,000 flights, how many travelers is that a year, is it okay that their lives are put at risk because we're no longer going to have air traffic control towers? one official said it's a cascading problem that will get worse. >> gregg: these are small planes. >> they are small planes but what do they seat?

five, ten people that won't have pilots eye-balling a landing. >> you have to realize there are airports that are currently without he is powers. they have other methods. it's not just this is some new thing. and that the tons are not operating during the evening. that is something that has been proven to be okay. >> gregg: incredibly rural airports. they are out in the middle of nowhere. >> gregg, you know what, riverside where i live, pretty significantly large airport as far as small airlifts go. what is the concern to the flying public? first the tsa says let's bring knives on planes. now, we are going to get rid of 150 towers but we're concerned about you the flying public, trust us i don't blame these guys going to court at all. >> where are you going to get the money from? funds shouldn't be used from

other resources. >> get money from hamas and egypt, $200 million and give it to the flying public in america because it was given to hamas and muslim brotherhood. >> you have to look at the rise of fuel and the cost of running these planes and everything that is taking into consideration for our economics and the country. >> gregg: $37.6 billion we give to foreign countries. a great many americans why are we giving anybody anything. >> it's a great question because the safety of the flying public in america comes first. then start cutting their money the foreigners. hello. >> we have to do more research because i'm sure there is a reason and explanation behind to allow that. >> gregg: your airport is affected by this? >> yeah, riverside airport. small airport but it was one of

the ones. >> gregg: i should have known you would have done your homework. david, thanks. good to see you. >> heather: forcing pilots to eye balm it. that could not be good thing. >> gregg: that is how the wright brothers did it. >> heather: u.s. military leaders responding to new threats to north korea as the north korean state controlled media releases images of their military they say planning an attack on the u.s. coming up the dangerous direction the country's young leader is taking. >> gregg: and food companies are trying to sweeten the deal moving out of the united states. why so many are going sour over the cost of doing business on american soil. >> i actually was one of the companies that got cheap world sugar prices and then coming back into the united states, i found out that ways paying up to

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call 877-242-usaa. >> gregg: pope francis celebrating easter at the vatican. expecting to baptize four converts and one is an american. the ceremony leading up to easter sunday which, of course, is the holiest day in the christian calendar. >> heather: the u.s. government grappling to balance the budget and the focus is billions of dollars in subsidies handed out by the feds to protect the food industry. critics argue that many are outdated and they cost the american consumer. take a listen to both sides of the argument. >> it's ridiculous. we're losing kennedy

manufacturers in america because sugar is four times higher than anywhere in the world. >> they are subsidizing their farmers greater than we are, we need our farmers to compete worldwide we need government support. >> heather: let's bring in harrington making of haircut ton partner management. what exactly is a subsidy. it has hits roots in the great depression? >> the definition of a subsidy, heather, financial aid or a grant to a if i can business. the problems you have here are i think bureaucracy replaces entrepreneurship and you have the free market intervened by government entities. i think there is two particular reasons why i'm against it. some of the free market thought,

an economist believed and i believe that any intervention by the government with respect to -- if i give this particular company money, then market prices will go up, but they will be artificial in nature. then the competition, there won't be as much competition. so you have hire fees. here we are using taxpayer money. >> heather: and we're talking about $10 billion alone with dairy, peanuts and sugar subsidies? >> just right there. that is line item i would look at very carefully. i think this narrative in this conversation that we're having with respect to the budget that is one line item i would look carefully as a misuse of taxpayer funds and not necessarily long term for the benefit of business. >> heather: what about the other side of the argument we heard at the beginning of the segment. that other countries, other governments are subsidizing their farmers to assist them at

a greater percentage than we are. so to make our farmers competitive we have to provide support? >> the fact is, this is the carrot and stick issue. i hand out the carrot we take the money and we think we're going benefit long term. i'm not necessarily worried about what other countries are doing. i'm worried about what our countries and our free market will win in the end regardless of subsidies. i don't believe subsidies should be part of government intervention. >> heather: some of them are outdated. dairy support cost $1.1 billion a year. that is just for dairy farmers. one specific part of it expensive pro visits called the milk marketing order originally restricted how far milk could be carried because there wasn't

refrigeration? >> here is once again is regulation, it intervention, is tariff and taxing. all these issues i believe the government has to have a more limited impact with respect to the united states in an effort to get what is most important here, our budget in line and in order. this is an entitlement and these subsidies need to decrease in an effort to protect the free market and not misuse taxpayer funds. >> heather: the other side of the coin is companies moving overseas to avoid the high prices, specifically we were talking about sugar and gentleman that owned a kennedy company saying -- candy company because of the inflated price of sugar cost him 90% more. >> what i said in the beginning when the government intervening, prices will artificially go up. those businesses that are not benefiting of those funds will take those businesses offshore.

the senator from oklahoma alluded to that fact. >> heather: a lot of sugar will be floating around on easter with a lot of jelly beans. thank you so much. >> gregg: north korea raising serious concerns at this hour declaring it has entered a, quote, state of war with south korea and warning it will retaliate without any prior notice. what does it mean for our security here in the u.s. and nearly 30,000 troops stationed on the korean peninsula? important answers coming up. is really made of cheese?

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>>. >> heather: military releasing a picture of navy seal killed in an accident. operator in chief, brett sadle died when they collided in midair in a town outside of tucson. he is from elizabethville, pennsylvania and highly decorated member of seal team 6. >> gregg: the u.s. national security council now responding to new threats of nuclear armed

north korea. american military leaders saying the country is fully ready to respond and north korea says it's in the state of war with south korea and the media releasing these images, look at this. apparently kim jong un he is the young guy sitting down and his generals who are much older poring over plans to bomb the united states. what in the world is going on here. christian whiten, advisor with principal with d.c. advisory? their nukes are in their infancy compared to the united states. you have to be insane to take on the united states. is he insane? >> no, i don't think he is. i do think you can't rule out anything overt from north korea.

a direct assault is unlikely we would retaliate with overwhelming force. on the other hand, this is government that have been able to push the envelope without south korea or the u.s. they sank a south korean ship in 2010 and shelled an island and paid no price. they seem crazy but they are basically reacting rationally. >> gregg: when he took over from his dad, he tried to prove himself to the top brass. here you got this kid looks like he is barely out of elementary school who is taken over. kim jung un, is he trying to i am brez some of the generals that are really in charge of the military? >> if the military, it's the bedrock of regime. as you pointed out, when kim

jong-il emphasized the military over the party. this is important for a new north korean leader. this is the second time you have a succession in the kim family the first time this has happened in a communist regime. checking the box and pressing the military and this is typical behavior for dictators. if you create an external threat it distracts people from the horrible job they are doing as far as a government. >> gregg: they have not perfected their weapon to put them on a long range delivery system to hit the united states. what about 30,000 american troops in neighboring south korea? >> they are vulnerable as in the u.s. territory of guam and japanese allies. there is a tendency in the state

department when i was there and throughout allied foreign ministries and even defense ministries to chuckle at north korea and its ambitions. but it had a minor nuclear test in 2006 and last better, three kilotons and recently up to 7 kilotons which is half the power of hiroshima and same progress on long-range missiles. they have successful instance of separation. we laugh when they say they are going annihilate washington but the day comes down when they can strike the u.s. mainland. >> gregg: two b-2s flew to a south korean range and dropped dummy munitions, part of a joint drill. did that do anything at all? >> it provoked a response from the north koreans. they took notice.

they ratcheted up their rhetoric and their rhetoric is at an all time high. that is one reason we have to be concerned. however, just two bombers it's still probably not that convincing to north korea. north korea and frankly it's parent country china, if you will, can look what is happening with the u.s. defense budget and look what the president's policy has been generally. you know, these are positive signals that north korea can get away with a lot. >> gregg: two b-2s are not worth one dennis rodman. [ laughter ] >> gregg: we'll be right back. don't go away. shoot. now with the share everything plan from verizon, connect your camera, along with your smartphone and tablet. all your devices connected by one simple plan on the powerful network.

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