they like and if they work at foblgs they don't care. >> jon: thanks to jewel did i miller, jim pinkerton, monica crowley and kirsten powers, we'll see you next week on fox news watch. >> gregg: i'm gregg jarrett. >> heather: i'm heather chill the ders. topping the news this hour, president obama getting ready to release a budget that asks both sides to compromise. and probably won't make anyone happy but what it could mean for your taxes. >> a young cancer patient fighting his insurance company. why the insurer is refusing to pay for treatment. >> heather: and heads roll at rutgers over a video that shows a basketball is anything but a

game and now they have filed a lawsuit. if anyone could face criminal charges we ask our legal panel. >> gregg: we begin with a fox news alert. united states keeping a close eye on the volume fill situation developing in north korea. new videotape, thousands attending a rally against the united states and carrying posters with anti-american slogans on them. state-run television release these provocative pictures. north korea's leader inspecting military equipment including small aircraft launched into the sky and dropping bombs below. there is no ed to the threats from north korea and the united states is on guard for any scenario as the north warns foreign done lo mats nats the capital, we can't guarantee your safety. >> i think we all know this is an unpredictable regime and

unpredictable situation. again, our posture remains to be a prudent, to take appropriate measures in the defense and deterrence for ourselves and allies but urge the dprk saying that is in this is not going to end the situation. >> more than anything the white house is digesting the constant stream of threats and most recently jay carney says the administration would not be surprised if they do see action from the regime. >> we have seen them launch missiles in the past and the united nations security council has repeatedly condemned them as violations of the north's obligations under numerous security resolutions. >> if there is action there are signs the south korean government would retaliate. that is according to peter king. >> i think the obama

administration is doing the right thing by having b-2's, f-22s in the area. all is essential so the allies know we will stand with them and let north korea they won't get away with any type of aggression. >> reporter: he is referring to the move to beef up defenses in guam and south korean forces are positioned around the coast in the sea. they have mobilized a navy missile defense ship from a japan port. north korea ratcheted up the rhetoric warning embassies to evacuate their facilities by the 10th of this month. if the officials haven't made any immediate plans to withdraw their employees at this time but it's something we are keeping an eye on. >> gregg: elizabeth, thanks. we'll have a live report from the korean peninsula, not too

far where the threats are coming. >> heather: talks over iran's disputed nuclear program breaking up without much progress. negotiators from six world powersing me over the past two days trying to reach a deal ease concerns. the u.s. and allies want iran to curb the uranium enrichment program and iran is not budging until sanctions are cut back. officials saying they will keep working toward a deal through diplomatic efforts. >> gregg: we are learning new information about a pair of attacks in afghanistan that killed at least six americans today. a car bomb targeting a convoy in a province killing three u.s. service members, two american civilians along with afghan doctor. they are reporting another american citizen has died in an insurgent attack in eastern afghanistan and all of this coming as the chairman of joint

chiefs of staff, general martin dempsey arrives in afghanistan. he is there to assess the level of training of american troops should provide to afghan security forces after the 2014 withdrawal. >> heather: eastern texas, arresting a man for threatening a district attorney. it's the same county where three people were murdered. it comes a day after friends and family laid to rest two of them. kuaf land district attorney mike and cynthia mcclellar. >> they released a name on thursday. aged 52 a he is being held on a mill kron dollar bail.

police aren't saturday sf he is serious or a copycat of a terror man, on the tip line set up by the investigators that are looking into the killings and also the prosecutor. authorities say neither of them have been linked to the killings but this is a new twist to these cases. police seem to be find a link between the killings but also any hard leads to whom the perpetrators may be. mike is the third justice related public official to be assassinated in recent weeks. criminal experts describe the couple's slaying as very disturbing. >> we're now seeing the ratcheting up, of not only police being targeted but the family of police officials or law enforcement officials being targeted. that is something we generally have not seen. we now have seen it twice in a short period of time. >> reporter: a day after their

football funeral, they are wondering if they may have known the killer since he opened the front door opened the door in their pajamas and they would not have done that. they are also considering the killer could have tricked their way into the house. not many leads for the detectives so far. >> heather: dominic, thank you. >> gregg: folks in southern florida, cleaning upright now after severe weather damage, dozens of small planes but today we are learning about a new round of storms brewing that could be the worst we have seen in a year. meteorologist janice dean. >> unfortunately we're going to see the personal for tornadoes as we head into early next week. the problem is it's going to be a three-day event.

look at the snow up around great lakes. it's supposed to be springtime and cold enough for several inches of snow and next storm system that moves in is going to potentially 6-12 inches across a large portion of the u.s. there is lotto we are watching. this is the next system that we're watching next several days and worst severe weather outbreak since may of last year. we watch future radar bringing rain and snow, impressive amounts. one of the computer models we could get 6-12 inches shaded in blue and the darker shade of blue, 18 maybe two feet of snow if you can believe it. that is the cold side of the storm. warm side is severe weather where we could see the potential of for hail, damaging wind and tornadoes. monday, these areas shaded in

yellow, into tuesday from dallas through oklahoma city, even joplin back in 2011 a tornado devastated that area. across the mississippi river valley, all of the areas could be in the line for hail, damaging winds and even many tornadoes. this is going to be our first significant severe weather out break and people need to be on alert. the warm unstable air mass, 86 in san antonio and 69 in kansas city. 66 in rauly and 77 in atlanta. heading into tuesday, feeling like spring, close to summer-like temperatures, 80 in rauly and 82 in dallas. all those ingredients making the recipe for severe weather outbreak and keep you updated. >> gregg: it was just 30 degrees a couple days ago.

>> this morning it was chilly. >> gregg: all right. thanks very much. >> heather: home schooling coming under fire. u.s. department of justice ruling on a case involving a family who left germany to come to this country to home school their children. they were granted political asylum but the u.s. government appealed saying home schooling is is not a fundamental right and many are concerned what the ruling may mean for the future. douglas is live in the new york city newsroom. >> for some teaching their own children without government interference is essential but does it warrant political asylum >> in 2008, uva fled germany after facing imprisonment and forcible removal of his children. >> your crime is that you wanted

to home school your kids. >> we wanted to home school our kids in germany. >> reporter: at first the united states granted him and his family political asoom sigh aluminum but then the just department stepped in asserting the practice of parent educating their children could not be used as a base ticking seek citizenship. attempted to send them all back to germany. mike is from the leading home school advocacy group in the country and is helping him fight his deportation in court. >> people in the united states are worried that the views of this administration thinks will come back to undermine their liberty as well. >> reporter: they may have reason to worry. justice department is arguing that home schooling is not a protected right. that home school parents are not a protected group.

a position he calls troubling both in germany and the u.s. >> when the government thinks it's knows how better to raise children or treat children than the parent, it's a very dangerous thing. >> reporter: not so says justice department supporters to consider home schooling a basic human right. >> not having home schooling, asylum is about persecution. >> i think it's persecution when the government tries to take away your children. >> reporter: states will allow him to educate his children the way he wants to. that is it from here. >> heather: thank you very much. democrats and republicans alike are getting riled up over the budget plan. what both parties are being asked to give up and chance of compromise this time.

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>>. >> heather: welcome back. president obama getting set to send his budget plan next week reportedly including tax hikes and cuts to entitlement programs to social security and medicare meaning both sides of the aisle will have to make concessions to get it passed. >> the president is engaged in conversations with potential members of the common sense caucus, with republicans who will at least entertain the idea of dealing with our budget challenges in a balanced way, not just through spending cuts and cuts to entitlement programs but through a package of proposals that ask the wealthy and well to do to give up tax breaks.

there are special provisions in the tax code. >> heather: charlie hertz joins us. we heard him dealing with at budget in a balanced manner. plan as you know it so far is going to be presented on wednesday. do you think the president is honestly doing that and does he have any chance of reaching consensus? >> president obama has kind of had some rough luck over the years with some of his budgets. one year he introduced a budget, not only it was rejected by the democratic senate but actually didn't get a single vote from a single member of his own party. i think he is trying to appear to be reaching out to republicans here. i don't think it will work at all. one of the big problems as you mentioned it is raising taxes and a lot of republicans went along with tax hikes. >> heather: raise taxes and going to raise them again.

>> he warned that it wasn't going to be the last of tax increases. still, the only reason that got through was because a lot of republicans said, look, we're going a long this time but not doing it again. >> a lot of the cuts are not as deep as the republicans want. for example, it will undo the sequester cuts we have been talking about. >> heather: $1.2 trillion and republicans say it cuts the savings to -- $600 billion in savings and that is third what president obama wants. >> this has been a problem long before president obama where politicians in washington play the ridiculous game in numbers, double count savings or count expenditures, it's insane what they can come up with and walk around claiming they saved us

money. one of the most alarming aspects of this we're getting dribbling out is the con president obama is going to roll out for private retirement funds capping irras and very much what we saw in cyprus last month. that raises everything to a whole new level. it raises the talking points on both sides to the point where i think it's going to be very difficult for president obama to make real negotiations with that sort of thing on the table. >> heather: no congressional democrats talking about the changes to social security he is offering have come out and said anything yet. a lot of folks on the liberal side have come out -- there is at least one independent that has come out and said, you know, bernie sanders specifically said

that president obama back in 2008 promised that he would not cut social security. >> he is going to have a real problem on his left if he does that and if he pushes this. i will give him credit, at least its an acknowledgement after years of denials by democrats that that really is a problem. the spending problem in washington washington has to deal with entitlement spending and if they don't deal with it, they won't fix the problem. so it's also very small tinkering he is talking about that and that is reducing pretty serious fire. >> heather: john boehner from the other side, raise taxes he wants. talking about loopholes for high earners before. >> both sides talk about loopholes when they talk about the other party's sacred funds.

this is a vintage sort of washington problem where for decades politicians have been robbing, literally robbing the retirement savings to pay for government programs across the board. they've been doing that for decades. the notion, now that the game is up and they are going to have to do something about it, where they want to go to is to reform social security. >> heather: we'll see what happens. it's going to come out on wednesday officially. thank you charlie hurt. >> gregg: young man's fight for life going well beyond his hospital bed. 24-year-old has a very rare form of cancer. his insurance company refusing to pay a nickel for specialized treatment. john is from our bay area fox

affiliate ttvu has the details. >> at children's hospital in oakland today in a special fifth floor ward, 24-year-old showed me some of the painful and aggressive tumors that are killing him. the cancer is rare, current medicines don't work well especially for his internal and external tumors. >> did have a way to treat both at the same time. but there was a clinical trial over at ucsf. >> they recommended he take part in the drug trial. they are holding a spot for him specifically for the condition. his health insurance is through his dad's work at sutter health. his third party administrator said, since it's outside the plan's network nothing experimental.

he was referred to another doctor. >> i said does the doctor have any experience with this car coma and they said know -- sarcoma, i'm not comfortable with that. >> his oncologist said the latest drugs could slow the deadly cancer and ease his pain. >> and live a very good quality of life. i think that is what we're hoping the insurers will pick up on. >> his sister says she made 20 calls to the insurance case worker this week alone. >> i was sitting next to my brother while i was on the phone with these people. it was just a disregard. >> whoever is making the decisions, they are not even doctors. so, how do they know what is best for me? i think they are being selfish. >> reporter: at 4:00 this

afternoon, a representative confirmed to me that sutter health will pay for the evaluation beginning tomorrow. no word on coverage for any treatment. >> gregg: that is john from our affiliate tlt vu. >> the world is watching for the next move. we have been talking about it for weeks. time is running out for them to leave the country, the diplomats there or the government can't guarantee their safety. >> new fallout from a coaching scandal at rutgers. school's athletic director is the latest person to lose his job but what about the coach? could criminal charges against him be in the works? >> it's a sad day for a lot of people including me and my family. i always have and always will no matter what want what is best

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>>. >> gregg: welcome back. time for the top of the news, at least six americans are dead following a pair of attacks in afghanistan and one of them killing three service members and two civilians as martin dempsey arrives there to assess training. >> heather: nelson mandela is out of the hospital. they were treating him for pneumonia and they say his condition is gradually improving. >> violent clashes between muslims and christians the violence begins after young muslims drew up sound down

crosses on buildings. >> heather: now, alarming new developments out of north korea as newly released video showing their regime increasingly on a war footing. this is showing kim jong un firing a gun as he expects various military exercises. they release these aggressive pictures, rockets launching small airplanes that can bomb targets from the air. a look at this ominous picture. some is saying writing on a tank right here, translation, let's kill american invaders. north korea's forever enemy. david piper is not to far where the exercises are coming from. >> north korea's inexperienced leader is being promoted as a man ready to lead his people to war. despite no military experience

he is being seen as a fighting man. now on the video being shown in north korea, kim jong un is seen brandishing and how to use it. they say the regime is has tried to show his people he is a strong leader and showing his country is now on a war footing. owner television showing him telling workers, once a war breaks out they must destroy the enemy quickly with a sudden strike and warned they must have high quality artillery and shells to make sure that a rapid preemptive strike is successful. the capital of seoul is not far from the border from the north and easily within rocket range. it's thought they have thousands of artillery pieces trained on

seoul now. they have been staging mass rallies across the country today. thousands of uniformed people gathered in various cities. they chanted and held banners. one read -- all out war, punish the u.s. and their followers without mercy. >> south korea has confirmed the north has moved to immediate medium ranged missiles on the east coast and could be planning a missile test but the obama administration is downplaying fears of war at the moment. a white house spokesman has said they wouldn't be surprised if there was a missile test in the near future. back to you. >> heather: david piper, streaming live, thank you. >> gregg: new questions now emerge about the rutgers university coaching scandal. they fired the basketball coach, mike rice after this video went viral of him throwing balls at

players at point-blank range, shoving them, using gay slurs. rutgers athletic director stepped down yesterday as well after facing a firestorm of criticism for not dismissing rice when the tapes first surfaced. what about criminal charges? david schwartz joins us and former prosecutor, doug burns is a defense attorney and former federal prosecutor. i guarantee you if you put that videotape pushing and shoving and kicking and throwing balls at players at point-blank range in front of criminal law students in any law school across america, doug, more than half would say those are crimes right there. what say you? >> i say that is great way to put it. let's break out the classroom. in the classroom, of course, it's an assault. >> gregg: and a battery? >> and a battery with the fist. >> gregg: kicking.

>> in the real world, it's a pretty simple misdemeanor case gets bumped down to a violation a parking level offense. the one point i would like to make, if they did that and it would have deterrent effect on other coaches. >> gregg: maybe the real world needs to go back to the classroom. let's put up the classroom, assault and battery. here are the legal defense missions in new jersey. an assault, an attempt to strike a person. battery, actually toug or striking of person with intent to do so with unlawful force or battery. no pain or bodily harm is required. doesn't the actions of coach rice fit that? >> no, because we're operating in the real world. those are torts. for those torts you could be liable for those. in a criminal context, come on.

we have hundreds of thousands of arrested a year. we have limited resources of our prosecutors. we can't be prosecuting cases of coaches that are playing dodge ball basically and throwing balls and humiliating the players. is it outrageous? absolutely, but doesn't rise to the levy of the crime. >> gregg: they are not consenting to this. when you are kicking a player and throwing a ball at his head or body. >> let me reiterate that you are absolutely right. technically it's a misdemeanor offense absent a serious injury. david is reading my colleague's mind, if somebody was seriously injured, it's a felony. is it a crime, of course it is. >> gregg: you talked about deterrence, maybe in f there were other prosecutions of similar assaults and batteries, this wouldn't happen. here is what i mean.

remember 1978, woody hayes, here is he is punching his own player but what got him kicked out was punching an opposing player. he grabbed the player around the head, bobby knight but he grabbed him around the neck and got kicked out. fast forward, lutrel coaching -- there he is at 15 seconds. sorry about that. look, if those guys had been prosecuted, maybe it wouldn't happen at rutgers. >> you can't compare to what coach rice of him being choked for 15 seconds. >> gregg: there was no prosecution in that days. >> each case has to be looked at differently. >> these facts do not rise to the level of a crime.

i'm not sure they are technically a crime in this situation with a coach with an athletic team. to answer your original question i would rather be prosecuted than have this tape go viral. >> gre a handful of hockey players have been charged with assault over the years. they gave me one of them 2004, todd bertuzzi pled guilty after slug ago player from behind. the coach here at rutgers kicking a player from behind. is there any material different. >> nhl is an odd example because they punch each other in the face. >> gregg: what happened at rutgers was worse? >> i don't see where it's technically a crime. its misdemeanor. >> i am not sure if i see any injury, i see a ball being

thrown. >> gregg: how do you knee if there was injury. there could have been bruises there could have been contusion. >> that todd bertuzzi, he slammed the guy's head in the ice. that was horrible. i remember that case. that was really bad. you can't compare this to todd bertuzzi. >> gregg: baseball fights that break out. one guy had a concussion go no prosecution involved. they have to start prosecuting. >> some the sports context, there is a lot of violence, there is unsaid exception. i agree with you maybe we on the to look at it. next thing a boxing match a guy will be charged. >> you can't compare it to this. >> gregg: all right, i'm getting the hook from the producers. you guys are great. thanks so much.

>> gregg: i didn't know that. think we've lost your mic. talking about the job market, with the worst unemployment report for a year. what is behind the slowdown and who is to blame. we'll talk about it. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge!

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and then also issuing safety warnings to foreign embassies. i want to begin moving these missiles. what does that say to you? >> well, it's probably a part of the large pattern we've seen unfoamed over the last month or so. a series of things that are meant to be provocative. reporting is they have moved the missiles in such a way they are probably going to use them for a test flight. i would guess, this is pure speculation, they will lob them in the direction of japan with the purpose of continuing to keep a fire under the simmering crisis. the japanese will react badly to it and u.s. is going to have to reassure japan. we must be up to a dozen different individual actions that north korea has taken that are meant to create a crisis atmosphere. >> heather: just to clarify, reportedly the missiles they have allegedly moved, north

korea does have missiles that have a range of about 1800 miles. that could hit japan or south korea? >> it could. if it would, that be enormous mistake on part of north koreans. i don't think they would do that because they would face swift retaliation. this is part of a pattern we've seen of behavior that is meant to be provocative but not cross a line. no one has gotten killed here this past month. back three years ago we had sinking of the ship and shelling of that island, but no one has died here but they have managed to raise the temperature. >> heather: let's talk about warning at the foreign embassies. they can't protect them after the date of april 10th. >> this is clays kli what we were talking about.

there is whole list that is going to unfold over the next week or so. telling embassy that has doesn't do anything. no one is harmed, but it creates a sense of crisis. it creates a sense of impending conflict. it didn't order them to leave. it simply said we'll help you leave if you want to leave but they knew the statement was going to make the press. of all the things that happened in the past few days including the embassy announcement i'm keeping my eye on the industrial park. there have been interruptions over the years but this is project that has continued. >> heather: to let people to know at home, that is industrial park in north korea. it's seen as the less cooperation with south korea workers. they go in and work there. there is 120 companies working out of that specific site? >> exactly.

because it's been kept going all these years in good times and bad times, with an occasional interruption in 2009, if they were to permanently close that or interfere with workers going back to south korea, that would mark a change, sort of level of provocation we haven't yet seen. it's closed right now, border crossing is closed. that is what i'm going to see if it opens up. >> heather: how long do you expect these threats to continue? >> i have no idea. it has gone on, it feels like the past cycles we've been through. it has the look and feel, they are in the middle of the list of things. i expect announcements and stuff at the reactor, things that will make news. we don't know why it is

happening. it may be for domestic reasons. until those are resolved this may go on for a while. there may be other purposes, but i think we'll be in the saddle a little while yet. >> heather: jim walsh, we appreciate it. >> gregg: the job market seemed like it might be on a very slow rebound until we got the ugly jobs report yesterday. what in the world is going on? jonathan hoenig joins us in a second. [ coughs ]

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$50 savings card. call now! >>. >> gregg: the u.s. economy seemed to be moving along, albeit quite slowly and many economists have expected the latest report some 200,000 new jobs in march -- guess what? they only added a meager 88,000 jobs. foo lowest number in nine months. jonathan hoenig and a regular on cashin' in. good to see you. as economic recoveries go, is president obama presiding over the worst one or to put eight different way, biggest failures in recovery since world war ii? >> indeed, gregg. the jobs report confirmed a lot of economists and traders had

expected that the obama recovery has been the worst post world war ii recovery from a recession that we've ever had, worst the 1960s and 70s, 80s or the '90s or 2001.com bust. so the lowest labor participation rate and unemployment despite all the stimulus, unemployment not too far off. >> gregg: exactly. if this is typical recovery you can do it by averages. 4.2 million americans would be employed right now. instead the labor participation rate dropped to the lowest level now since the jimmy carter years. never a good comparison. doesn't that create a huge drag on economic activity and growth?

>> it creates a tremendous drag. the question is, what is so frustrating, many people have given up looking for work. in a good economy there are unlimited amount of jobs and wealth that can be created. what has made the downturn, is that government is really at the center through economic intervention through taxes and regulation they have made it difficult for job creators to put the money that is sitting on the books to work and create wealth and create jobs. we have done a good job of disinseven visa go and years after the refuses ended so many people are looking for work. >> gregg: you can't blame on sequester cuts. so is it perhaps the new and higher taxes that are choking off businesses and individuals from spending? >> i mean take for an example

where we saw a tremendous amount of job cuts were retail. that is a sector of the economy that is most acutely dealing with the impending obamacare and down the horizon the potential rise in the minimum wage. so you can't blame it on sequester. this is direct result of government intervention. it's so sad because it doesn't need to be that way. we could be growing at a much quicker pace if government would get out of way. >> gregg: during the reagan recovery it was 5.2% economic growth. we're out of time. good to see you. thanks so much. that is going to do it for us. >> heather: we'll be talking more about -- using supercomputing and mobile technology over our secure network, verizon innovators are building a world of medical treatment data in the cloud. so doctors can make a more informed diagnosis

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