>> because i always get on late with the winners. >> because you bet against them? >> no. i thought they would make the final four. i thought georgetown would do it and they didn't. >> the bachelor is coming on pretty strong. keep in touch with that. >> and watch the five welcome to a brand-new hour inside america's news headquarters. i'm rick folbaum. >> i'm arthel neville. good to see you this saturday afternoon. topping the news, the massive manhunt for this man wanted for questioning in connection with the murder of colorado prison chief. the fugitive's mother speaking out. we'll hear what she has to say. >> the president is set to release his budget on wednesday. key details already leaking out. we'll tell i couldn't republicans are complaining. >> and it's cherry blossom time in our nation's capitol. the annual rite of spring. as they enjoy the great weather,

folks in the middle of the country are bracing for some dangerous storms. we begin with new hour with a fox news alert out of north korea as the nuclear armed nation continues on its suspected war path against its neighbors and the u.s. in the last 24 hours, organizing massive rallies like this one of its citizens in, quote, combat ready positions and releasing this video on state television reportedly showing the dictator, kim jong-un, firing a gun as he inspects their military exercises around the country. david piper is streaming live from seoul, south korea. david, what is north korea telling its people about this ongoing crisis? >> hi, rick. propaganda being pumped out on north korean tv. mostly centering around the young leader, kim jong-un. one report showed him handling a pistol. and also explaining to a soldier how to use a weapon.

this man has no military experience himself. also today, as you said, there was some mass rallies in some of the cities in north korea. and there was a lot of posters up, most of them anti-american, rick. >> david, where it's sunday morning now where you are, what is the latest on the missile movements by the north? >> well, south korean government has announced that they understand that two intermediate missiles have been moved to the east coast of north korea. there were reports that these were much more long-range missiles, able to reach the american mainland. but they say that isn't true. we do understand from the south korean government that they think they may be about to conduct another missile test and the obama administration said they wouldn't be surprised if there is a missile test in the near future, rick. >> real quickly, david, the

response from the south? >> it's been a very strong response so far. back in 2010, there wasn't a strong response when there was an artillery shelling of that island. this time they say they aren't going to be intimidated by the north. back to you. >> david piper from seoul, south korea, thank you very much. so in the year and a half since kim jong-un was declared supreme leader of north korea, he hasn't wasted any time making a name for himself. on december 11, 2012, he caught the u.s. offguard by successfully firing a long-range rocket. the regime claimed it put a weather satellite into orbit. but the u.s. believes it was a cover for testing ballistic missile technology. on february 12 of this year, north korea conducted its third and most powerful nuclear test. a month later, north korea canceled the 1953 armistice that

ended the korean war. now we have these two medium range missiles sitting on northd just reported, capable of reaching u.s. troops stationed in guam. where does the situation stand now? author gordon chang will join us a little later. >> new tension over iran's nuclear program as the head of the e.u.'s foreign policy says the latest round of nuclear talks between iran and the six world powers has failed. world leaders are trying to get iran to cut back on its production of high grade uranium, fearing the chemical would eventually be used for the production of a nuclear war head. they insist its research is for peaceful purposes only. we have a fox news alert. the nato-led security mission in afghanistan confirming to fox news that six americans have

died and inn a pair of attacks in afghanistan. these are brand-new pictures just coming in. a car poll targeting a convoy killed three u.s. service members and three u.s. civilians, along with an afghan doctor. there are reports that another american civilian died in an insurgent attack in eastern afghanistan. all of this comes as chairman of the joint chiefs of staff, general martin dempsey, arrives in afghanistan. he is there to assess the level of training american troops should provide afghan security forces after the 2014 withdrawal. a lot going on in this country as well. to east texas, investigators arrested a second person for threatening a district attorney. this is the same county where two prosecutors were recently murdered. police are holding robert allen miller on a million dollars bail. he's charged with making a terroristic threat for a comment he posted on-line. kaufman county is on edge after

the murders of mike mclelland and his wife, cynthia, and the assistant district attorney. police do not believe that either of the threats are related to those deaths. we will have the latest on that investigation in a live report from kaufman county coming up later this hour. colorado, a desperate manhunt underway for a member of a white supremacist gang. he's wanted in connection with the murder of the state prison chief. police want to question thomas guolee. they warn the public he may be armed and dangerous. guolee's mother is urging him to turn himself in. >> i just know that he needs to hundred himself in. i do not want to go visit a grave. don't stay on the run. the more things can happen even if you're not involved in them and your name can come up. so turn yourself in and get it over with. >> yesterday, police arrested james lohr, a fellow member of the same white supremacist gang. he has the words hard, and luck,

tattooed on his face. police believe both men were in contact with evan ebel in the days before clements' murder. he is the prime suspect and was killed in a shootout with police. the budget battle that's brewing in washington. president obama today calling his 2014 spending blueprint, quote, a compromise. but the plan, which is said to officially be released this coming week, is already drawing criticism from both republicans and even from some democrats. molly henneberg has more now from washington. >> republicans say the president is moving in the, quote, wrong direction in his plan for a new budget. but today in his weekly radio and internet address, president obama says while it might not be ideal, it is, quote, a fiscally responsible blueprint. the president will unveil the details on wednesday, but it's expected that the budget will include more tax hikes on the wealthy and some middle class families. and as an olive branch to republicans concerned about government spending on entitlement programs, a cut in

the future cost of living increases for social security and other benefit programs. >> it's a compromise i'm willing to accept in order to move beyond a cycle of short-term crisis driven decision making. so that we can focus on growing our economy and our middle class for the long run. it includes many ideas republicans have said they could accept as well. it's a way we can make progress together. >> republican house speaker john boehner, seen here with the president last november, says the president's budget appears to have only, quote, modest entitlement savings, and won't make social security and other programs more fiscally solvent. he also says the gop has already given in to what the president wanted at the end of last year, saying, quote, the president got his tax hikes on the wealthy with no corresponding spending cuts. at some point we need to solve our spending problem and what the president has offered would leave with us a budget that never balances and at least one senator on the democratic side has voiced some concerns about the cuts to social security. after the president unveiled his

budget details on wednesday, he'll host about 12 republican senators at the white house for dinner that night. he's been doing these meals on and off to try to win over gop support for his policies. rick? >> molly henneberg in washington for us. thanks. well, after colder than normal temperatures for the past month, washington, d.c.'s famous cherry trees are finally in bloom. the blossoms are expected to be at their best any time now, which is a sure sign of spring. meantime, we're learning about a new round of storms that could be the worse we've seen in a year. we're going to bring in janet dean with more. >> i love seeing those cherry blossoms. that's the good side of spring. the bad side is that we could see severe weather. let's start with the good news. look at some of these temperatures. 77 in kansas city. 74 in dallas. 80 across south texas. 82 in el paso. look where the cold air is

across the northern plains and the great lakes region. that's where we're seeing some snow. close to six inches in some cases and more snow is on the way with that same system that could bring us severe weather. it's bringing some snow across u.p. of michigan as well as the arrowhead of minnesota. and then we're watching this next storm system. this one is a biggy that's going to move into the central u.s., bringing very cold air across the west, one of our main ingredients for severe weather. lot of moisture working from the gulf of mexico. and those warm temperatures are going to help fuel those storms. it's going to be a monday, tuesday, wednesday event where we can see multiple tornadoes across this region. tuesday from dallas through oklahoma city and then joplin, missouri, which was devastated by the 2011 tornado and ef-5, taking a look at wednesday, moving across the mid mississippi river valley. so this is an area we'll certainly watch over the next several days as we could have some really rough storms move

through. just want to look at the temperatures as we go through the next couple of days. 15 degrees plus on average. the cold air will sink southward and bring us the cold air we need for the clash of the two air masses for the severe threat. again, warmer days ahead for dc, for those beautiful cherry blossoms. 80 by tuesday. beautiful! look at new york. 74. very good news. then boston, 72 by tuesday. that's the good side. the bad side, of course, is the storms. now, watching severe weather heading into this workweek, but last week we were talking about hurricanes because the national weather service is announcing changes to hurricane watches and warnings program. of course, you can remember in the wake of sandy, they have basically said that because there were no hurricane watches or warnings posted along the northeast coast line as the storm is making landfall, that caused people to sort of not take the storm as seriously perhaps as they should have.

it was transitioning from a hurricane to a post tropical storm and that was their reasoning why they didn't put their hurricane watches and warnings. many critics and forecasters arguing not issuing those watches and warnings may have down played the risk and more people didn't leave their homes. so now the national hurricane center is saying they will allow those tropical storm and hurricane warnings to remain posted and be in effect even if the storm is transitioning. so that's good news. we all learn from our mistakes and when we know better, we do better. just want to make a reminder that hurricane season starts june 1. arthel? >> good stuff. thank you very much. >> of course. investigators in florida saying that what first appeared to be yet another sinkhole is actually a collapsed septic tank. the large hole opening up in the backyard of a home just ten feet or so from the house forcing the family to temporarily relocate. this all happened about 25 miles down the road from the area where a deadly sinkhole opened

up in february. police revealed the first images of the pit that opened underneath the home, swallowing a man as he slept. we have a sad story to report involving one of the most beloved members of the religious world. evangelical pastor rick warren and his wife, kay, are asking for prayers because their 27-year-old son, matthew, has taken his own life. paster warren sending a letter to members of his southern california church saying in part, quote, only those closest knew that he struggled from birth with mental illness, dark holes of depression, and even suicidal thoughts. in spite of america's best doctors, meds, counselors, and prayers for healing, the torture of mental illness never subsided, end quote. pastor warren giving his gratitude to his supporters saying, thank you for your love and prayers. we love you back. >> mental illness touches so many families in this country. we send our condolences to the warren family during what must

be just a very, very difficult time. when we come back a female hiker stranded all alone in a remote canyon. coming up, we've got the incredible video of the daring effort to save her life. >> also amid all this tough economic news this week, including some dismal job numbers, could there really be a silver lining for your retirement plan? >> north korea on the war path. how should the u.s. respond? a closer look next. when you have diabetes... your doctor will say get smart about your weight. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes.

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>> rick: back to our top story, increasing threat out of north korea. secretary of state john kerry who is preparing for a visit to south korea next week, calling their actions, quote, unacceptable as the white house continues to walk a fine line with the erratic regime. elizabeth prann live in washington with more. elizabeth? >> the white house has reiterated it is watching the unpredictable and inexperienced regime under kim jong-un. the administration is focusing on strategy and patience. foreign relation experts say the u.s. cannot appeal to north

korea in terms that we think would be rational. >> we cannot appeal to them in terms that we think rational. in your report going in, people said, well, if they continue on this course that we'll simply continue their isolation and it won't result in a better standard of living for their people. >> i think the president and secretary hagel, secretary kerry, they are monitoring this carefully. they're watching it carefully, but i don't want us to be in a position where we have to wait until we're attacked before we could take action. >> that being said, if there is action, there are signs south korean government would retaliate. the country has already positioned warships on either coast. meanwhile, the u.s. has bolstered a defense system in guam and the pentagon launch add navy missile defense ship from japan. since wednesday, north korea continues to block employee supply trucks and food into the industrial complex. that's where hundreds of south korean and thousands of north

koreans go to work every day. for years it's been a shared source of economic development for the two countries, as well as a sign of attempted peace. rick, back to you. >> rick: elizabeth prann in washington. thanks. >> arthel: so where does the situation between the united states and north korea stand right now? for a closer look, let's bring in gordon chang, the author of the book "nuclear showdown, north korea takes on the world." good to see you. thanks for being here. >> thank you. >> arthel: so is kim jong-un saber rattling so loud at this point that he's backed himself into a corner to where he has to make a move? >> that's really the worry right now because we have heard over the course of a month these increasingly dire threats. in the past, in the beginning of the south korea-u.s. military exercise, north korea always throws a tantrum, but then it goes quiet. this year they just continued on and the threats have become increasingly dire. i think actually kim jong-un has painted himself into a corner because in the north korean regime, the legitimacy is

killing foreigners and he needs to bolster his legitimacy right now. >> arthel: if he were to make a move, would it be like suicide by military, because of course, yeah, he's got 1.2 million troops to south korea's 640,000 troops, not to mention, though, south korea's military is much more nimble and the u.s. has some 28,000 troops planted this on the peninsula in the demille tarrized zone. if he made a move, it would be suicide by military. if so, what are the other ram -- the ramifications in the event of a move on his part? >> kim jong-un probably thinks he can go out and kill a few south koreans or americans and pay no price because his dad and his granddad, the first two leaders of north korea were able to do that and we never really retaliated. the south koreans in 2010 did not retaliate for those two horrific incidents. this time, though, the south korean military is really sick and fed up of accepts blow after

blow from the north koreans and not responding. so i think they will respond this time. of course, we have that agreement with the south koreans that we will help them retaliate. we've really lowered the threshold for our participation in this. >> arthel: not to mention south korea has a new president. she's going to want to make sure that people understand that she's not weak ase know, we jusd elizabeth prann report, as well as david piper earlier, how north korea's positioned these two intermediate range missiles along their east coast. across the water, you've got 625 miles of away, japan sitting there. south korea is on the same peninsula. and then there is the u.s. territory of guam. meanwhile, and bear with me here, kim jong-un saying, if he fires this, it would be a, quote, test or a drill. what if he does do it? >> what he'll do is he will fire that off. probably he'll arc it over japan and he might even do that when secretary kerry is in tokyo. that would be the 14th.

that's just the day before the 101st anniversary of the birth of kim jung-il, the founder of north korea. i think a lot of these event from dennis rodman up to today have really been staged managed because kim jong-un does need that legitimacy. the problem is you got a new south korean leader. she can't back down. the chinese aren't going to back down either. they've got a troubled transition. and kim jong-un, his position in the regime is fragile. so the last thing he can do is show weakness. that's the real problem. you got a lot of leaders who don't have very much flexibility. >> arthel: that's exactly my point. so if secretary of state kerry is there in south korea to try to ease tensions and you're saying the likelihood or a possibility if kim jong-un will make a move, he'll do it while secretary kerry is there to prove a point. it's very dangerous and i want to ask you then, it's beyond now, i think, beyond a game of chicken. it's now moved to a game of chess because the u.s. has

deployed a thad by guam, to shoot down intermediate ballistic missiles which is what he has there, posted. so again, it's no longer just chicken. how much should the united states do? i mean, we don't want to start a war. at the same time, we can't let this guy keep doing crazy stuff basically. >> yeah. in the pentagon, in the white house, they're concerned that we have overreacted and amped up with our overflights of the b 2's and the b-52's. i don't think it's about us, though. it's really about the north koreans. what we did was really important because the south koreans are losing their confidence in our ability to defend it and those overflights were important to say to them, we have their back. if we want them to exercise restraint, we certainly do, we want them to be confident. so i think we lowered the temperature with those overflights. not amped it up as some people claim.

again, this is because of the hostility of the north korean regime. all we're trying to do is contain it. so it's not our fault. a lot of people say. >> arthel: okay. what's the likelihood? if it's war is not kim kim jongs end game, what's he want? what's the likelihood of a conflict happening, considering the tensions are high and there is a lot of posturing, political and otherwise, military involved here? >> i think the likelihood of another deadly provocation on the part of north korea is actually quite high. maybe not at this time because they never strike when our readiness is high. our readiness is high right now because we have these joint south korea-u.s. military exercises. when they conclude at the end of this month and when our readiness falls back to normal and when we're not looking, that's when the north koreans typically strike. so maybe sometime this summer. maybe sometime this fall. i think the north koreans will do that because as you said, kim jong-un has painted himself into a corner. he's got an increasingly fragile

regime. no north korean leader has had a smaller base of support than he has had since 1949. that's one year after the founding of the north korea. so this is a dangerous situation. that's why the united states needs to show some strength so to make sure that both china and -- >> arthel: we're showing strength. that doesn't mean make a move, though, right? >> yeah. >> arthel: we're showing strength. >> and we're not going to make a move first. i know that peter king talked about preemption. but we're not going to do that. there are so many things we can try to keep this in the box before we on think about something like that. >> arthel: right. gordon, i appreciate your time. thanks for breaking it down for us. got to run. thank you very much. >> thank you. >> arthel: rick? >> rick: along awaited tribute for a military chaplain who died more than 60 years ago. reverend emil kapayan served for a year on the korean war. he died on may 23, 1951, a

captive in a chinese prison camp. next week he'll be posthumously awarded the medal of honor at the white house and the ceremony that his family will attend, as well as two attendants who stood by him during his final moments. >> arthel: growing concerns about a deadly new strain of bird flu as the disease sickens more people today. we're going to tell you about the frantic effort to keep the virus from spreading. >> rick: also a hiker stranded in a remote desert canyon, the daring attempt to save her. >> arthel: new developments in the investigation of the shooting deaths of a texas d.a. and his wife, just one day after the victims are laid to rest. >> her hugs, i love mike and cynthia mm. some laxatives like dulcolax can cause cramps.

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>> arthel: the bottom of the hour. time for the top of the news. car bombing killing three u.s. service members and two other americans in southern afghanistan and another american citizen killed in a separate attack in the country's east. china report to go more cases of a deadly new bird flu virus. the h 7 n 9 virus has killed at least six people and sickened about a dozen others in the country. former south african president nelson mandela discharged from a hospital after being treated for pneumonia. the government there saying the 94-year-old will now receive care at his home. >> rick: glad he's home. police in texas arresting a man for threatening an assistant district attorney in the same county where three people were recently murdered. it all comes a day after friends and family laid two of them to rest. kaufman district attorney mike mclelland and his wife.

dominic is live in l.a. with more. >> we have developments breaking in the past few minutes. the f.b.i. having now taken charge of the investigations into the assassinations of mike and cynthia mclelland and the assistant d.a., mark hasse. a spokesman for the family told me a few moments ago that the kaufman county was overwhelmed by the scale of the probes underway while having to protect other elected officials. the family appealed directly to the feds to take the case on. the man who coordinated the funeral for the family yesterday said that mike mclelland had originally wanted the f.b.i. to take charge when mark hasse was killed. >> having the f.b.i. here, to them, there is a sense of frustration that is taken this much time to happen. in some cases, one of the frustrations, these people are furious that we talk about

safety and security, we spent time and resources and the hackettes spent time and resources to protect dignitaries. >> so in order for the local authorities to deal with day-to-day law enforcement and continue to protect those elected officials, the family decided to contact the feds and in the past couple of hours, the federal agents have done that and stepped in to lead. he added there that personally believed that the case should be dealt with as terrorism and the f.b.i. should have led the investigation from the very start. they're in charge now. back to you. >> rick: dominic with the latest details on that story. thank you very much. >> arthel: talk money now. many people are finding that there is a silver lining after some lousy jobs reports numbers that left economists questioning the recovery. fidelity finding investors are feeling more and more confident about the future. with half saying they're no longer fearful about their

assets and have made positive changes to their retirement accounts. elle kaplan is founding partner of the company here to talk about it. i like this part of the story where people are feeling better prepared for their retirement. why is that? >> a couple things have happened. after the last major market dislocation, people came up with game plans. so they came up with these long-term plans. that leaves people feeling very empowered. the markets have done incredibly well year to date. the s & p is up over 10%. the combination of those two things are leaving people feeling optimistic. >> arthel: which is good, but not everybody is in the market. there are people who do some of the more standard things like put money in a savings account, you get cd's. then the interest rates there are low. why is that? >> they're very low. the ironic thing about savings accounts is you're actually losing money relative to inflation. when you have money in a savings account. so that's really a poor long-term game plan.

you would be much better off taking money that you earmarked for long-term savings for something like retirement and putting it in the market, into a diversified portfolio of stocks and bonds. >> arthel: but is there a particular age range you would do that? if you're nearing retirement, folks like you normally say don't put your money into the market because you have to be in it for the long haul because of the volatility. it's doing well now, but who knows what happens two months from now. >> nothing should go into the market, unless you have at least three to five years. the time horizon has to be long. for retirees, they probably want a combination. you never want to put all your eggs in one basket. so you want a diversified portfolio of stocks, bonds and commodities. >> arthel: okay. that's good stuff. but are there reasons to be concerned at all? >> there are always reasons that leave us sort of questioning things. and one thing we do know with market history is that it does tend to repeat itself. so one thing retirees who aren't

feeling confident should prepare for is that twice a decade, we do see a major market dislocation. we saw that in this past decade with housing and prior to that and that will occur in the future. the problem with bubbles is they're very obvious after the fact. but they're hard to predict. but they will happen. >> arthel: so it kind of goes back to what we were saying, if you're closer to retirement, like don't put it under the mattress, but really? seriously, it seems like that's kind of safe, i don't know. i'm not the economist or the forecaster here. you are. so with that in mind, give they some good news on the horizon. >> we've seen a lot of very positive earnings from the majority of our companies and because of those positive earnings, stock prices really have gone up and we're seeing a lot of optimism and good news in the markets. so there is a reason to feel that's going to continue for some time to come. >> arthel: that's good. right before you go, give me 20 seconds 'cause i'm telling you, not everybody is fortunate

enough or rich enough o have money in the market. what do you say to those people? keeping saving. >> it's important to really develop a disciplined plan. if you don't have money already in the market, to try to save. so the first thing you want to do is really create the emergency savings plan. so you have at least six months of cash on hand if you do have an emergency. you want to be able to face that crisis and not worry about finances, too. >> yes. all right. elle, always good to see you. lexion capital management, partner. thank you. >> thank you. >> arthel: did you pay attention? >> rick: i was listening. it's tax time. everybody out there knows that. still have some time to file those returns. the irs may be digging deeper this year to try and catch the cheaters out there. the agency will now be looking at your facebook and twitter accounts to gather information about you. the government claims it will only access your page if there is a red flag on your tax forms.

so beware. >> arthel: beware indeed. coming up, a legal battle over freedom of the press involving the colorado theater massacre. now a fox news reporter faces jail time for doing her job. perhaps too well. we're going to discuss the first amendment issue involved. >> rick: also a visit to the dentist ends in death. how a common procedure turned deadly and what you need to know to stay safe. >> most cases with a young healthy patient is very safe procedure. very rare, but very sad instance. ♪

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>> arthel: rescue in arizona, search crews near flagstaff taking a 50-year-old canadian doctor by helicopter after they found her stranded on a narrow ledge 700 feet above the floor of this canyon. rescuers say she was way off the hiking trail. the search began after she failed to check out of her

hotel. she has since been treated and released from a local hospital. >> rick: a fox news reporter is facing jail time for doing her job covering a heart wrenching story. last summer's mass shooting at the aurora colorado theater. soon after fox news reporter jana winter broke an exclusive story. she found prior to the shooting the suspected gunman, james holmes, sent a notebook to a university of colorado psychiatrist that may have foreshadowed the attack. her story cited unnamed law enforcement sources and the defense team for holmes wants those sources revealed. janna is refusing. but unless she names them in court this week, she could be going to jail. joining us to talk about the first amendment issues involved, susan estridge, fox news contributor, a professor of law, and political science at usc. this might be a fun first amendment law segment were it not that one of our colleagues

were facing jail time, susan. let's explain to folks why sometimes reporters want to protect the anonimity of their sources. >> there is no question, as you know, rick, that if a reporter can't protect their sources, people aren't going to tell them things. and in a government where we really believe that the check on power is the free press, you don't want to stifle the ability of reporters such as janna and others to get to the bottom of important stories and provide us with true and accurate information. the issue here is that because we've got a defendant on trial and on trial for his life, and you've got a gag order, meaning that none of the parties or prosecutors, police, defense attorneys were supposed to be talking to the press, the defense is claiming that their ability to get a fair trial for their client is being impaired

because she won't get on the stand and reveal her source. if you ask me, that claim doesn't hold up. >> rick: it's a leak, isn't it? >> well, it's big leap because, first of all, the first amendment protects the free press. but second of all, certain states, including colorado, have gone a step further and recognized some of the rationales we were talking about, they've said, we want to provide even greater protection for newspapers and news organizations. so here the notion that somehow this man's ability to get a fair trial is being destroyed by the fact that he doesn't know the name of the law enforcement person who told janna about a notebook that's currently in his possession seems to me very much of a stretch. >> rick: another one of our colleague, judy miller, who was work for the "new york times" at the time that she experienced

her ordeal, she actually went to prison for refusing to reveal the source of the story involving the valerie flame fiasco during the bush administration. is it really up to the judge to decide whether or not the reporter has to reveal the source, whether or not the reporter has to actually go to jail if she refuses to do that? >> well, there is some law in this actually. obviously judges get discretion. but in judy's case, the issue was that it was believed her source had may or had violated a very fundamental criminal law that prohibits revelation of the identities of c.i.a. officials or agents and you can imagine and understand why that's such a potentially serious violation. here by contrast, this is not about whether he's guilty or innocent. this is about who may have on law enforcement violated a gag order and had there not been a

gag order, it wouldn't be an -- who may have violated this gag order to provide her with information that is, i would say at best, peripheral on the outside of the core issues of the case. so whether or not you agree or disagree with what happened with judy miller, this one is a real stretch and i think the reporter here is not being treated fairly if there is any serious threat that she would go to jail. interestingly, they're going to question the police again because one of the provisions, rick, of the shield law is that if you can find the information from any other source, you don't force the reporter to speak. >> rick: the hearing is this coming week. i think on the 10th. right now she's saying she will not disclose who her source was in this case. so we'll be following it very closely. we appreciate you coming on and talking about the legality of first amendment and shield protection laws and the like. always good to get your thoughts. don't forget, you can read

susan's syndicated column in newspapers across the country every wednesday and friday. >> arthel: coming up, a family desperately looking for answers after a routine dental procedure led to the death of their son. how could this happen? important answers coming up next can i get the smith contract, ease? thank you. that's three new paper shredders. [ boris ] put 'em on my spark card. [ garth ] boris' small business earns 2% cash back on every pchase every day. great businesses deserve unlimited rewards. read back the chicken's testimony, please. "buk, buk, bukka!" [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose 2% cash back or double miles on every purchase every day. told you i'd get half. what's in your walle

>> rick: this is a tough story. unexpected tragedy when a young man dies three days after having his wisdom teeth removed. according to medical records, 24-year-old man began coughing during the procedure. >> arthel: so then he was given propothol, which is the same surgical anesthetic that michael jackson was prescribed at the time of his death. joining us now, practicing physician and anesthesiologist, dr. nina radcliffe. nice to see you. >> thank you. >> arthel: is this normal? this guy is getting his wisdom teeth pulled. he comes to, or starts to cough and apparently feeling some pain, so they administer propothol. is this normal? >> the exact details of what happened is still under investigation. what we know is that when he started coughing propothol was given so the procedure could be completed. being given by the oral surgeon who is also performing the procedure. he subsequently underwent a cardiac arrest and then died a few days later at the hospital. >> rick: it's pretty common in a

lot of dentist offices and i'm sure oral surgeons' offices where procedures are done in the office rather than in a hospital operating room type setting. for folks out there who might be going in for one of these types of procedures, we're not talking open heart surgery. we're talking getting teeth pulled out, you know. what do you think people need to really be aware of? >> propothol is safe in the right hands. in this circumstance, the surgeon was an oral surgeon. he received three to six months of training in area managements as well as sedative. this is more than most nurses and doctors receive. anesthesiologists, we have years and years of training to provide anesthesia, as well as airway management. but in propothol can be safe in the right hands. >> arthel: then so what do we need to know? should we start questioning our dentist office to find out who is administering them to make sure they are in the right hands? >> you should. before you jump out of a plane, you would check your parachute. if you are schedule ford a surgical procedure in an office

setting, you need to perform due diligence. ask questions. first i would ask, who is performing this? what kind of training do they have? what type of approval are they allowed to do this? i want to know also are they going to be doing something else? are they actually doing the procedure? will they be distracted? should something happen, would they be able to stop the procedure and be able to perform resus favor measures? are they going to be in bun of the nurses that will be circulating and leaving the room to get things? you want somebody who is dedicated to performing your anesthesia. >> rick: what if you're just getting like nitrous oxide, laughing gas, you're not getting wisdom teeth extracted. it's not complicated and the doctor says, you want some laughing gas, what do you say? >> there is no minor anesthetic. there are minor procedures. but anesthesia carries risk. although it's safe, it carries risks and people need to understand that. this is not expected. the patient was healthy. we see what happened. >> rick: at the same time, though, patients, and i saw in your notes, that you even point

outpatients have a right to be pain free or as comfortable as possible. >> they do. but they need to know who is performing, what type of training they have. they need to be able to feel comfortable there is appropriate emergency equipment and medication should something happen. they need to also know can this be performed with mild sedation. they have the right to ask the question, is there an anesthesiologist available to do this. >> arthel: don't be afraid to ask questions. thank you very much. >> rick: thank you. >> thank you. >> arthel: have a good rest of the day. and that's going to do it for us. harris faulkner is coming up next with the fox report. >> rick: thank you for joining us. enjoy the rest of your weekend. 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.

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