pallbearers, the players had not arrived from training camp, but the team sent a jersey to the family. gregg: let me down one more time. ouch. okay. martha: we'll leave it at that, shall we? "happening now" gets started right now. gregg, thanks for being here. be back here tomorrow, everybody. jon: and right now, brand new stories and breaking news. jenna: three women allegedly held captaintive for years in ohio now speaking publicly for the very first time. their message of gratitude as ariel castro prepared to go on trial. all in a today's work for this store clerk. his bravery caught on video as he fights an armed robber. more on his story and this amazing video that you're seeing on your screen now. and an international center for commerce rocked to its core by severe weather. flooding and storms bringing this city to a halt. we'll tell you where, it's all "happening now." ♪ ♪

jenna: breaking their silence suddenly really, surprising us all. the three women held captive in a cleveland home for a decade now speaking out for the very first time since making their escape. we're glad you're with us, i'm jenna lee. jon: and they sure do look great. i'm sure there are some scars, but they look great. amanda berry, gina de jesus and michele knight all breaking their silence in a youtube video posted late last night. the women revealing themselves to the public for the first time since they escaped from this so-called house of horrors back on may 6th. all three were made to endure unspeakable billion and emotional abuse at the hands of their captor, former school bus driver ariel castro, police say. now all three women are coming forward for the first time to share their story and thank the public for their continued support. here's just part of what each had to say. >> i want to thank everyone who has helped me and my family through this entire ordeal. everyone who has been supportive. >> where i just want everyone to

know i'm doing just fine. i may have been through hell and back, but i am strong enough to walk through hell with a smile on my face and with my head held high and my feet firmly on the ground. jon: mike tobin joins us now live from chicago. any indication, mike, why they decided to release this video now? >> reporter: well, you know, a representative, jon, says a big reason this video was released now is that people around cleveland have been recognizing these women and offering their support. so the three women decided to put voices and faces behind what they say is their heartfelt message. you have michele knight, the first who was kidnapped in 2002. she told police she of impregnated by ariel castro and miscarried five times. amanda berry who was kidnapped in 2003 just before she turned 17, she gave birth to a daughter from castro.

and gina dejesus kidnapped in 2004. they all recorded this video on july the 2nd, released it last night at midnight, and among other things it gives us an impression, anyway, of how they're doing. >> i'm getting stronger each day, and is i'm -- having my privacy has helped immensely. i ask everyone continue to respect our privacy and give us time to have a normal life. thank you for support. >> i will not let the situation define who i am. i will define the situation. >> we know that michele knight was beaten during her captivity and treated for injuries after she got out, but she says she is determined not to be consumed by hatred, jon. jon: so ariel castro, he has a court date coming up, doesn't he? >> reporter: with no delays, jury selection should quinn on august the 5 -- should begin on august the 5th. he has made one surprising request to the judge, that he see the 6-year-old daughter that

he fathered with amanda berry. that request was denied, jon. jon: all right. mike tobin joining us live from chicago. thanks for that update, mike. coming up later this hour, we'll take a look at how the release of this video might impact in this case and whether it could force ariel castro's defense team to reevaluate its decision to take this to trial. jenna: an interesting angle. also, some brand new information on the pilots in the deadly plane crash in san francisco. the pilot in control of the plane who had just over 40 hours training on the 777 was being guided by a pilot on his very first day on the job as a trainer. adam houseley's live at the airport with the latest on this investigation. so, adam, there's still no word from the ntsb on what may have caused the crash landing? >> reporter: yeah. and that's part of the investigation, jenna. they talked to two of the four pilots that were in the cockpit yesterday, the other two will be spoken with today. and you mentioned that development about how the person overseeing the pilot landing here for the first time in a 777

was doing his first time in charge. well, now the country of korea is looking at that and actually going to take a closer look and potentially pass some few measures to -- some new measures to actually have standards in place for when there's someone watching over another pilot, how much time they have actually in that position. so very interesting development as we learn more in the ntsb investigation. speaking of that investigation, while it appears this may have been pilot error because they came in low, and they came in slow, 40 miles an hour slower than they should have been and at least 50 feet lower than they should have been, ntsb won't jump to that conclusion. they want the entire investigation to go forward before they make any determination. take a listen. >> really, we're looking at everything now. all of the issues are still on the table. we're just about two full days into our investigation, and so when we identify issues in an accident, it's usually not just one thing that causes a crash. and so we need to make sure that we are considering everything and we connect the dots.

>> reporter: once again, that development this morning we learned is that the pilot overseeing the pilot who was landing here was, again, his first time doing that. so you had two people really in control of this plane that were very green in their positions, jenna. jenna: it'll with interesting to hear what they say when their interviews do take place, adam. what about some of the new photoes that we're seeing from the scene of the accident? what are those photos telling us about what happened? >> reporter: it gives us a good idea of the whole, of what happened here after the crash and how everything was set up and how first responders came in and people coming off the plane. thirty photos from are a man named ben levy who took a lot of these photos, and his wife took photos of him in the hospital afterwards. but what's interesting, i think, with these photos different from the video the ntsb gave us is, of course, the photos come from the actual accident, you're seeing first responders, some first responders carrying passengerrers on their back. it give uses -- gives you an

idea in how this all played out and how first responders did such a great job and so did flight attendants, did such a great job getting people off that plane. unfortunately, as we know, we lost two, but it could have been so much worse, jenna. jenna: well put, adam. thank you. jon: for more on this, let's talk with peter goelz, former managing director of the national transportation safety board, a man who has a lot of experience investigating aviation accidents like this one. we now know that this plane was landing at an air speed of 106 knots, the flight crew themselves had apparently set a target air speed of 137 knots, sost coming in much slower and, therefore, sinking much faster than it should have. shouldn't they have known, peter? >> they absolutely should have known. i mean, with four trained pilots in the cockpit, how do can you miss an essential speed indicator that says, you know, you don't want to go less than

137 knots? i mean, that's -- it's just inexplicable. jon: also the fact that, you know, as we're seeing in this animation, the plane was coming in over the water. that presents some problems in and of itself, especially for someone who habit flown into san francisco -- hasn't flown into san francisco in this type of aircraft before. >> right. if you're coming in over a flat, featureless area like water, you know, you can have a tough time on depth perception. but the cockpit of this aircraft has all sorts of avionics that tell you how fast you're going, how high you are, what your sink rate is. there really is no suitable explanation on how they missed this. and this is going to be a textbook case of cockpit resource management. how do trained pilots communicate effectively to keep out of trouble.

jon: deborah hersman, the head of the ntsb, talked about the fact that they have not yet spoken to the pilots. that might surprise some people. here is what she had to say, and then i want to get your take. >> we have, are are about halfway through the interview process, but we have not yet interviewed the flying pilot, so we really do want to wait until we release information until we have the chance to talk to him. of we don't want to bias any of the interviews that might take place today. we're not having any problems with respect to access to the crew. everything is going very well. our counterparts from korea came in, and we began the interviews yesterday. and so really that was the first opportunity that we had to begin that process. we conduct group interviews, and they have been very cooperative. i don't expect that to change. jon: one would think, peter, that the first thing you would do when you have a situation like this with a pilot who survives the tragedy, the first thing you would do was run out and speak to him. why have they waited until now to conduct that interview?

>> well, i think there's a couple of reasons. first, they have the voice recorder which records all of the sound and all of the discussions taking place inside the cockpit. so they know what each and every crew member said and did during the approach. secondly, we have no idea yet what the condition of the flying pilots was. he could have been injured, he could be in deep shock. the interview is important, but what's really essential is the voice recorder, and that will tell the tale. jon: we know that the stick shaker, the thing that alerts pilots that they are just about to have a stall, an air stall, a wing stall, that went off about four seconds before this plane hit the tarmac. one of the interesting questions to me is what did they do in response? did they push the yoke forward, or did they maybe pull it back?

>> well, the data recorder will solve that challenge. it'll tell us what happened. but you're right, the stick shaker is the last thing a pilot wants to hear because it indicates that they are seconds away from a very tough situation with the plane stalling. and the problem with this flight is they were so close to the ground that the correct response, which is putting power to the maximum and lowering your nose slightly to gain speed, there probably was not enough room. it looked to me from the tapes that the guy did pull the nose up to try in a last minute effort to do a go around and avoid the seawall and that that may have activated the stick shaker. jon: right. and pulling the nose up in that situation is only going to make the plane sink faster because the engines haven't had time to power up -- >> exactly. jon: -- and provide any thrust. >> that's exactly right. and you pull that nose up, the

tail drop, the aircraft drops, and they clipped the seawall. jon: wow. peter goelz from the national -- formerly with the national transportation safety board, always good to talk to you, peter, thank you. >> thank you, jon. jenna: well, we're talking a lot about planes today, and we'll continue to do so out of san san francisco, but do you own a car? what every car owner needs to know about the most popular vehicles for thieves, the people that you don't want around your car. plus, caught on tape, a store clerk fighting off a robber who says he has a gun. we'll tell you about that story. and the latest problem for obama care, why one group of patients may be getting an unexpected break, and why their younger counterparts could end up paying even more. that's next.

jenna: right now some new information on a few crime stories we're keeping an eye on here on "happening now."

a store clerk fighting to survive when a crook announces he's up to no good and says he has a gun. the clerk fights back all the way out the door hoping to escape with his life. police don't recommend fighting back against someone who says he's armed when you're not, but they give this guy credit for putting up a tough battle, and we do too. way to go there. the trial of the captain in the costa concordia cruise liner got under way in tuscany. 32 victims' relatives want to see justice. but the hearing was quickly postponed. why? well, there's nationwide strikes in italy today by lawyers, so they couldn't hold the trial. glool big pickup trucks are topping the list for buyers and thieves apparently. late model full-sized trucks are being targeted more than any other group of vehicles. their favorite, the favorite of the thieves? the ford f-250 super duty crew cab with four-wheel drive. that's not bad, right? jon: that's a nice ride.

jenna: if they're not stolen outright, apparently thieves are ripping off parts for resale on the black market. so if you've got that type of truck, beware. jon: well, another day, another brand new setback for president obama's health care law. today we are finding out penalties required for tobacco use may be limited because of a computer glitch. it's just the latest fiasco causing confusion as we get closer to the law's official start date, and with each new problem the president appears to be picking and choosing which parts of the health care law he plans to enforce like last week's decision to suspend the employer mandate until 2015. let's talk about it with a.b. stoddard, an associate editor and columnist for "the hill." to this so-called tobacco glitch, first of all, a.m. b., young smokers and old smokers who are to be insured under this health care law are to pay a penalty but for the be older -- but for the older smokers, that

penalty is very prohibitive and, what, the computers couldn't handle it? >> yeah. the way that it's been reported, this is truly staggering, the glitch has been rejected by the computer, and the system cannot bear the new rule. so what we're being told is it's going to turn out one of two ways. either that older smokers could get a break, or that they could all -- both young and old -- pay more which, of course, impacts their rate of young and healthy, i guess, a few smokers included patients joining the exchanges. and that all has a net effect on how the system works because it's the young and healthy who are joining the exchanges who are going to keep costs under control, and without them the system is not going to be able to work and sutt -- and cut costs. jon: it's my understanding that the projections for a 64-year-old person who doesn't smoke, obamacare if they have the so-called silver policy, it's going to cost them about 9,000 a year. for a smoker, though, that jumps

to $13,600 a year. and they're not able to write that off, use the tax credits to write off that expense. >> right. well, obamacare promises that everyone with pre-existing conditions, excuse me, are taken into the system, that the system insures the sick. that's new. that's why without young and healthy consumers, the system is going to collapse. it doesn't mean you're not going to pay more if you come in as a smoker and there's no provision for you to attend a wellness class and give it up or reduce your fees, that's going to be part of the system. the problem is, as i said, if they can't find a way to bring the young and healthy patients in to balance out the cost of the sick and those with pre-existing conditions, this is not a system that's going to work. and it was promised that it was going to be a system that cut costs. but we all pay more if we don't have those healthy applicants in the exchanges. jon: we are finding out that the administration has known for

months that parts of this just aren't ready and that it was going to have to make changes, and there are critics out there saying, you know, the president's decision to suspend the requirement that small companies have insurance in place by this year, that's not necessarily constitutional, again according to these critics. the president can't decide just arbitrarily which laws he's going to enforce. what do you think about that argument? >> well, that's right. congress returns from the july 4th recess during which they've learned that the employer mandate was going to be suspended for a year and also that there are more glitches that prevent the government from checking people's eligibility and verifying whether or not they should be covered by this exchange and subsidized by the government in the insurance they purchase in that exchange. they can verify your income through last year's tax records, but they just have this glitch that they can't definitely verify your eligibility. between taking those two things alone and now adding these new

delays on smokers issues that are popping up, it's very likely you'll see a debate in congress about the fact that that is the body that makes the laws and it's the duty of the administration to carry them out, not just to cherry pick which ones it wants to agree with. we know what the administration's doing. it is afraid it's not going to be up and running with the exchanges in all the states by october 1, so it's trying to put off what's too naughty and difficult and just get the core functions of the program going, but that's going to be hard politically, and it's also, as i said, not fixing the underlying problem which is that they're not going to bring enough people into this to balance out accepting the sick. jon: we have government computers that apparently can gather all our e-mails and phone call records, but they can't handle a smoker and insurance. jenna: is that weird to anybody else? jon: a.b. stoddard, we've got to say good-bye. thank you. [laughter] jenna: we know exactly who you're calling, we're not listening on the content, but if you smoke, we're not quite sure. i don't know. it's -- jon: let's have the nsa run the

health care system. jenna: that's a segment for another day. is peace and stability possible in egypt anytime soon? it's a question we're asking today. we'll be right back with more coverage here on "happening now."

jon: right now a michigan woman has a little explaining to do. she's pleaded guilty for setting up a murder-for-hire plot to kill her husband. she apparently wanted to collect his life insurance money. rick folbaum following this story. >> well, jon, julia thought it would be easier to have her husband murdered than to divorce him, easier and more lucrative since she was the beneficiary of that $400,000 life insurance policy. the 21-year-old michigan woman telling a coworker of her plan. he then called the cops, and that led to a sting operation where he met with a police

officer she thought was actually a hitman. and all of it was captured on video. she offers to pay him $50,000 for the hit. and you've got to hear some of this for yourself. take a listen. >> where where do you want me to shoot him? do you want an open casket, a closed casket? >> i don't want an open casket. the painlessly you could possibly do it, i don't care about anything else, just make it painless. >> i'm going to take it head on, and i'm going to shoot him right in face. >> okay. >> okay? i'm going to put a couple rounds right in his nothing begin so there's no accident, no way he's going to live. i mean, he's going to die. do you understand that? i'd rather do it that way, it's more -- >> reporter: she said it makes me sad, but not too sad because she never calls off the plan. remember, that was an undercover police officer she was talking to, and as you said, she's pleaded guilty, but get this, her husband actually asked the judge, jon, to let her off the hook entirely.

the judge not doing that. her sentencing is later this month, and she faces a maximum of only six years in prison. back to you. jon: can you look in the wedding vow, did she have that til death do us part part? >> reporter: good question. let me look into that. [laughter] jon: unbelievable, and a very forgiving husband. rick folbaum, thanks. jenna: we're going to turn to the war in afghanistan and new word that president obama is reportedly considering a complete withdrawal of all of our forces by 2014. it's the so-called zero option that would leave no american troops in afghanistan after next year. there had been plans to leave a small resimilar wall force. the question about how many we would leave behind has been up for debate. we've talked about that before with kt mcfarlane, fox news national security analyst. let's talk about this zero option. why is it coming up now? >> because the problem with afghanistan is whether we leave today or whether we leave a year

from now or three years from now, i think it's pretty much a lost cause. karzai has failed to do what we need him to do. he remains corrupt and incompetent, and he's now really sticking it to obama thinking he's going to improve his negotiating position. i think the surge made sense but not with a deadline to it. when president obama said we're going to go in, but we're going to get out, everybody knew it was just a matter of time. jenna: so there's a lot of politics at play, but let's talk about our national security. what is the risk of a zero option in afghanistan? does that pose any additional security risk to us here at home at all? >> i'm not so sure about that. i think what it does do, though, is it means the united states is going to have maybe even to shoot our way out of afghanistan. if we're leaving, if we know that karzai's not going to hold the country together after we leave, and i think we can conclude that, if we know that al-qaeda and the taliban are still active in pakistan, we can conclude that's the case as well, then whether we leave now or later i don't think makes a big difference. karzai's looked at -- he's reading the tea leaves, and in a

time-honored afghan position, he's trying to switch sides and negotiate. jenna: some have suggested we could use the south korean model, we would leave behind a huge force, and that was going on over the last few months about what it would actually look like when we withdraw, would we leave tens of thousands of troops behind because of the situation across the border in pakistan. is that, i mean, let's say the zero option doesn't happen. >> right. jenna: then what is the alternative to that? is the south korea model an option? >> not -- i think the american public just is tired of that war, and it's probably not an option in that case. the other thing is that the south korean option, why did that work? because it was a stable and secure south korean government and a thriving south korean economy. it was also a north korea that was supported by the chinese that wasn't about to try to take over all of the koreas once it was pretty clear that militarily we were going to stand with the south. i think it's a very different set of circumstances in

afghanistan. jenna: it's interesting to mention, though, that the problem still exists in pakistan, so whether or not we're debating these numbers, it still exists there. so we're going of to have to talk about pakistan at a later date because that will remain. >> that remains, and that's worse. jenna: let's talk about egypt now. >> yeah. jenna: historically, one of our great allies here in the arab world. you say we have to watch two things; sabia and the suez canal -- saudi arabia and the suez canal. >> it's all about the money. the egyptian economy in the last year has cratered. it is, there's no growth, there's negative growth. half of the egyptian population is only eating because it's getting subsidized bread from the egyptian government. they're running out of money, they don't have money to buy the imported wheat they need. will they get a bailout? our assistance to them is not the kind of money they need. they need rich, arab oil money coming from saudi arabia, and the saudis with not -- knot knot

not to the muslim brotherhood. >> they also didn't like that morsi's first official trip wasn't to them, it was to iran. jenna: that adds stability potentially to the situation. quickly here, we only have about 0 seconds, the suez canal, what's going on there? >> al-qaeda has set up shop in the sinai peninsula. will the angry muslim brotherhood, are the groups that are more violent, will they hook up with the al-qaeda groups in the signee peninsula and use that as a -- sinai peninsula and use that as a training ground? 120 miles long, vulnerable. jenna: and a big oil -- >> huge oil, and also all the goods that are going from europe, manufactured goods from europe through the suez canal to south asia, indian countries, places like that. if the suez canal is taken out, they've got to go all around africa. jenna: kt, great to see you, as always. jon: what a mess. the three cleveland women held captive in the house of horrors for more than a decade are breaking their silence for the

first time in a video they posted on youtube. coming up, could this impact the case against their accused captor?

i'm only in my 60's... i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80%

of your part b medical expenses. the rest is up to you. call now and find out about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans, it helps pick up some of what medicare doesn't pay. and could save you thousands in out-of-pocket costs. to me, relationships matter. i've been with my doctor for 12 years. now i know i'll be able to stick with him. [ male announcer ] with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients. plus, there are no networks, and you never need a referral to see a specialist. so don't wait. call now and request this free decision guide to help you better understand medicare... and which aarp medicare supplement plan might be best for you. there's a wide range to choose from. we love to travel -- and there's so much more to see. so we found a plan that can travel with us.

anywhere in the country. [ male announcer ] join the millions of people who have already enrolled in the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. remember, all medicare supplement insurance plans help cover what medicare doesn't pay. and could save you thousands a year in out-of-pocket costs. call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now -- and down the road. i have a lifetime of experience. so i know how important that is. jenna: welcome back, everyone. a fox news extreme weather alert on a tropical storm gaining strength over the thank today. chantal packing winds of up to 50 miles an hour, and that storm is expected to get even stronger.

maria molina's life with more on chantal. maria? >> reporter: hi, jenna, good to see you. our storm system a little bit of an unusual name, chantal, that's the name of the storm system, and it has intensified. now it has maximum sustained winds of 60 miles per hour, and further strengthening expected. there's a couple of things that are unusual, the forward speed is moving very, very quickly for a storm system out here across parts of the caribbean. currently moving at a speed of about 29 miles per hour, typically a storm system out here would be 10-15 miles per hour, so very, very quick mover, and it is headed westward into parts of the caribbean. typically we don't see storms originating off of africa, this storm system did this as well, so it's been tracking for several days across the atlantic, now impacting parts of the lesser antilles. we do have a number of watches and warnings, and a brand new hurricane watch that was issued

for dominican republic because we do expect it to continue to spencefy. it does look -- intensify. it does look disorganized here, just a blob of showers and thunderstorms, but it is intensifying and moving very quickly. as we head into wednesday, we are expecting the storm to have maximum sustained winds of about 70 miles per hour with stronger gusts moving over parts of the anyone can republic and also a haiti. there's some very dry air, and we do hope that will help the storm system weak season and also as it sewer acts with -- interacts with land, that should help weaken. thursday into friday it does begin to slow down as it approaches the southeastern coast of the u.s. we do have concern of the storm maybe intensifying again, we'll continue to monitor this situation, jenna because, again, take a look at sunday, early morning hours, right off the coast of the state of florida possibly even georgia. jenna: your home state of florida. >> reporter: yes. i'm sure my parents are watching already. jenna: maria, thank you.

>> reporter: thank you. >> first and foremost, i want everyone to know how happy i am to be home with my family, my friends. >> i was saved, thank you for the support. >> thank you, everyone, for your love, support and donations which help me build a brand new life. jon: that was just part of an emotional and sometimes uprifting youtube -- uplifting youtube video featuring the three ohio women who'd been held captive inside a cleveland home for more than a decade. their first public message since escaping in may. their alleged captor, ariel castro, has pleaded not fundamental to 329 counts of rape and kidnapping. now there are new questions over what impact the release of this video could have on the case. lis wiehl is a fox news legal analyst, doug burn withs a former prosecutor and criminal defense attorney. we've kind of entered a new world if communications now with outlets like youtube where people can put anything on,

anybody can broadcast yourself. >> right. but good for them to do this because the public was, you know, we want to know how are they feeling, how are they reacting -- jon: and what they sound like. >> and good for them to come out in this controlled atmosphere. they're not going to be pepperee public and say, hey, we're moving ahead with our lives. it really should have no impact on the trial itself. jon: doug? >> i don't have a strong opinion one way or the other. i think it's a horrific crime, it's going to be an overwhelmingly strong prosecution. virtually indefensible, unwinnable on the defense side. not to prejudge a case. and the only legal issue would be does this impact the potential jurors, and it'll be cured by saying can you put out of your mind everything you've seen and heard -- >> which is what happens in every high profile case. whether the victims testify on youtube or not. this is something that every high profile case, that's why you go through these jury pool selections, that's why you have so many jurors in a potential pool to say even if you've heard

about it, because we don't want you even if you haven't heard about it -- >> they didn't say anything about the crime. they just said we're doing okay. they never even mentioned that the person did something bad to them, so it has no impact, and it's fine. jon: potentially, it is a death penalty case though because of the ohio law, and he is accused of punching -- >> yes. jon michele knight so many times that she miscarried. >> exactly. forcing miscarriage. those are the death penalty counts. jon: now, you've both been prosecutors. would you give up a death penalty in this case if you could send him away for life? >> i wouldn't, not in this case. it's so horrific, and the evidence so overwhelming. yes, will it cost the state a lot more money, absolutely, but -- jon: but you know, lis, that it also means that those three girls -- women -- >> have to every testify. jon: they have to watch him, they have to hear his story -- well, potentially hear his story. >> that would be the only thing that would make me take death penalty off the table, and i would talk to the victims here

and say can you do it, do you want to do it? it may be cathartic for them to take the stand and look at this monster and say he did this to me. >> i think you would go to the victims and say what do you want. by the way, another point we've discussed in other discussions is some people feel if they really put 'em down 23 hours a day, you know, etc., etc., then that's worse -- >> 20, 30 years? >> no, if he were locked down 23 hours a day, some people argue that's worse than letting him off with death. i know that's controversial. but it's up to the victims. >> i'm not a proponent of the death penalty, but this guy is definitely fodder -- >> by the way, the statute was unlawfully terminating the pregnancy, aggravated murder. jon: all right, let's say it 2-1, let's say two of them say life in prison, one of them says i want the death penalty, i want you to go to court. what do you do then? >> that's a really hard question to answer.

um, okay. if i were to take all of that -- [inaudible conversations] [laughter] if i were to take all of that into consideration and also knowing if i went for life without possibility of parole and save the state a lot of money and there would be no possibility of appeal and i havd a victim that absolutely did not want to testify, i might soften. >> i would give away the death penalty because, as you said earlier, the unbelievable cost, protracted litigation, effect on the victims, and you've got the conviction in hand with no appeal, i would go with that as a prosecutor. jon: the public also wants to know, you know, per interest or whatever, the public wants to know how this happened and what went on in this house. >> except that, jon, that's not the role for a prosecutor in deciding what charges to bring and whether to take the death penalty off the table. jon: so the prosecutor doesn't think about -- >> should not be. >> jon's right in the sense that that might filter through from the victims to the prosecutor though, so he's right. they might say, hey, we want this guy to pay, we want to confront this guy in court --

>> that's find. that's going back to the victims as opposed to what we all are talking about. >> no, i understand. but i think jon was saying the victim would tell the prosecutor they want every ounce of justice. jon: well, it's a 329-count criminal indictment against this guy. >> it is. jon: it's good he's locked up at any rate. >> yes. jon: we'll see what happens. lis wiehl, doug burns, thank you. jenna? jenna: interesting, jon, that michele knight also in the video made the case herself that the final judge and jury of this will not take place here on earth. she really put it up to her faith as to how ariel castro -- jon: very strong, those three. jenna: yes. very interesting message. one of north america's largest cities swamped with inches of flooding rains. the city's subway system in chaos, hundreds of thousands without power at all. where this is happening and how people are coping. take a look at that water. plus, scary moments caught on tape when a car plows through a gas station sparking a huge fire. you see this car, top of your screen.

we'll show you the rest of this video, up next. every day we're working to be an even better company -

and to keep our commitments. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five years - making bp america's largest energy investor. our commitment has never been stronger.

jenna: scary sight caught on surveillance video at a gas station in tennessee. watch as a white car plows head on into that gas pump. man walking to his car narrowly misses being run over. however, he couldn't escape the flames from the fire, he suffered serious burns over 40% of his body and was hospitalized. two cars also destroyed, and police are investigating why exactly this happened this happened. jon: there is a massive clean-up effort underway in canada's largest city following a round of heavy storms that caused some serious chaos during yesterday's evening rush. rick folbaum is in the newsroom with that. >> reporter: three and a half inches of rain may not sound like a lot, but in a couple of hours it can make for major problems. participants of canada's largest city completely flooded. power knocked out to thousands

of people, roads shut, mass transit shut, and all of it happening, as you said, at the start of the evening rush, about 4 p.m. is when the rain started to fall. commuter trains were stranded forcing the toronto police marine unit to use small boats to get to the trains, allowing those workers there to pull people through the train windows and get them to safety. as for the power outages, about 300,000 people lost power across the greater toronto area, and officials said they don't know exactly when they'll be able to get power restored for everybody. there is more rain in the forecast for today and also for tomorrow, jon. and then a nice dry stretch where, hopefully, things will be able to dry out ask and get back the normal. back to you. jon: get those pumps working in the subway, that's for sure. rick, thank you. jenna: well, singer randy travis now in critical condition after being diagnosed with a heart infection known as acquired viral cardiomyopathy. how common is this disease? what about the symptoms potentially that you should be watching for?

our very own doc, dr. marc siegel, joins us live to talk about all of this and more next.

jenna: well, the doc is this on this story about grammy award-winning singer randy travis now in critical condition at a dallas hospital after being diagnosed with a condition knowned as acquired viral cardiomy crop think. we've actually covered it in the past. you may remember the story of anna king, a little girl living in texas who's suffering from the same condition. here she is singing on youtube. she caught our attention last year when she decided to post videos singing about her condition. this one she sings to one of adele's top songs, she's got quite a personality, we

encourage you to check out her web site. for more on this disease, though, and who it affects, how it affects them, dr. marc siegel is here. totally different cases but same condition. it affects all ages? no one knows exactly how it begins in the body. tell us a little bit more about cardio my crop think. >> we mean damage to the heart muscle. but let me make it a little easier for people. in this case and in the case of that young girl, if we're talking about virus, we're talking about the heart being ballooned out. the heart weakening and losing its strength as a muscle. jenna: why does that happen? >> well, it happens for different reason. virus can damage the heart muscle, an inflammation can do it, other infectious diseases like lyme disease can do it, having heart damage to the coronary arteries like a heart

attack, alcohol can do it. randy travis' agents are saying this is viral, but alcohol can cause the same effect where you get a balloon where you used to have a pump. how do we treat that? we use after-load reducers where we take the pressure off of the heart, we use diureticses, water pills to get the water out of the system because you build up fluid -- jenna: in that specific case, though, are you saying you would do that in that specific case for someone getting this condition because of something like alcohol versus someone that's getting this condition for an unknown reason or is that just a statement in general? >> no, you made a great point. sometimes it's an unknown reason. sometimes it's a virus, sometimes it's alcohol, sometimes it's unknown. but in all cases we want pressure off the heart if it's like a balloon, no longer a pump, and we use water pills to get the water out. jenna: again, very different cases, randy travis and anna king, but pote of them talk about feeling -- both of them talk about feeling, randy travis' sources talking the different web sites said there

was a concern he had a cold, felt like maybe there was pneumonia. anna king, also, the reason why they discovered her condition is because they were doing an x-ray thinking she had pneumonia. so what would someone be feeling before they realized they had this? >> you describing it like it would be viral where beforehand you get sick. sniffles, maybe a fever. i don't want people to think every time they get a cold this is going to happen, but it's very, very rare. the number one symptom would be shortness of breath. as that fluid starts to build up in the heart and in the lungs, because when the heart fails, fluid goes back into the lungs. another thing we do in patients like this is put in pacemakers and something called a defibrillator because they have a high risk of rhythm abnormalities, and the defibrillators have prevented a lot of death in patients like this. if it's viral, you would want to do a heart transplant. if it's alcohol, you might think every other organ has been pickled by alcohol, we're not

going to give this person a heart. jenna: as far as anna king, humor heals the heart.org. she is a 12-year-old, and she's waiting for a heart transplant. >> what a beautiful expression, humor heals the heart. love heals the heart. jenna: people need to check out anna's web site. check out another good singer, anna king, all right? jon? jon: she is great. we love her. egypt on edge, new warnings from one top official that our ally is on the brink of all-out civil war. the latest from the ground in cairo still ahead. plus, nearly four years after the fort hood shootings, the military trial of army psychiatrist nidal hasan finally about to begin. a pair of legal experts joins us to break down this case, coming up.

>> we're here if the "happening now" control room and a brand new hour coming your way with brand new stories.

look at that explosion. that is the result of an empty train with no one at the controls that rolls into a town and blows up. more than a dozen are dead. now in the investigation there are questions whether someone may have tampered with locomotive. we'll have an update. egypt spirals out of control. latest on the protest as the u.s. tries to have a say in the future of all important country. the. the george zimmerman murder trial. the defense is winding down its case. how the attorneys are working to get george zimmerman off the hook. all that breaking news as the second hour of "happening now" starts right now. jenna: brand new legal developments today in the fort hood massacre case. we're glad you're with us, everybody, i'm jenna lee. jon: i'm jon scott. welcome to the second hour. we're awaiting jury selection in the long-awaited murder trial of

major general nadal hasan in the worst mass firing on a military installation. the shooting rampage left 13 dead and nearly three dozen others wounded the hasan's court-martial begins. he acting as his own defense attorney. that sets the stage for a very uncomfortable legal twist with hasan being able to question some of the reported victims if they take the stand. casey stiegel is live at fort hood with more. casey. >> reporter: the courtroom is hyped me. this is the beginning of the military court-martial process. the military selection or panel as it is called starts the 2:30 local time, 3:30 eastern. hasan just arrived here. there is a. it will take a month or so for the 12-person panel to be

selected. this will be military personnel from all over the country. no electronic devices are allowed inside the courtroom. 4-year-old armey major, nadal hassan faces the death penalty if he is convicted. he is accused of having links to terrorist organizations which he planned on using at his own defense that he carried out the shooting rampage to protect taliban leaders in afghanistan from the soldiers being deployed here from fort hood but the judge would not allow that to be used in his defense. meantime as you can imagine this has been a long time coming for the victims and their family members who had to sit through the 3 1/2 years of delays even though that fateful november afternoon feels like it was just yesterday in some respects. >> the staff sergeant sitting across from me. he was crawling on the ground. his left shoulder was limp. i reached down toward the ground to grab him. when i was kneeling pulling him

toward the door i look up and turn around to look behind me and there is mr. hassan. >> reporter: because hassan is representing himself the victims who will be called to testify could wind up being cross-examined by the very man accused of shooting them. one sergeant who was shot five times, tells fox news channel that he is a bit nervous but he quote, will not show fear in the face of the enemy. pretty bold statement, jon. jon: good for him. so many awful things to come in this case seems like. casey stiegel, keep an eye for us thanks. jenna: we'll stay in the state of texas. the texas house is set to vote on new restrictions on abortion in that state that garnered national attention. thousands of demonstrators on both sides of this very heated issue are descending on capital. doug mckelway is here with story. >> reporter: this debate on the

abortion bill began 11:30 this morning. we expect a vote in the texas house as late as 7:00 or 8:00 p.m. eastern time. it moves to the senate side where we expect a similar debate. so far packed galleries remained orderly. interest is unprecedented. texas citizens began forming lines outside the legislature early yesterday morning. 475 people registered to speak last night, enough for 16 hours of testimony, if you factor in two minutes for each speaker. while opponents call the bill the most restrictive in the country, lieutenant governor due hours just told our martha maccallam a while back the limit of 20 weeks for banning an abortion in texas is reasonable. >> the first parts, we made a decision that with 34 states, martha, having an earlier deadline than we have in texas for abortion, and virtually all the countries in western europe including france. >> reporter: the bill is broken into two parts. the second of which would require abortions be performed

in ambulatory surgical centers and doctors performing them have privileges at a hospital within 30 miles of where the abortion is performed. opponents of bill say that will increases costs and have the ultimate effect of limiting availability of abortions. >> this goal of the eliminating access to abortion is based on religion, not on science and reason. it is a woman's constitutional right to have an abortion. >> reporter: the bill grants exceptions to the 20-week limit to abortions in cases where the mother's life is at risk. the debate is continuing. got underway at 11:30. we do not expect a vote until late this evening. we'll be watching, jenna. jenna: we'll keep an eye on it, doug. thank you. jon: government surveillance takes center stage right now on capitol hill, james comey, president obama's nominee to be the next fbi director, faces tough questions from the senate judiciary committee. chief congressional correspondent mike emanuel is live on capitol hill. how did mr. comey handle questions about the nsa's

activities, mike? >> reporter: jon, james comey said fbi surveillance programs which he would obviously oversee once confirmed face strict oversight. on the nsa programs, the programs that have gotten so much attention in recent weeks, comey said he was not entirely familiar noting that he is currently in the private sector. >> i'm not familiar with details of the current programs. obviously i haven't been cleared for anything like that and i've been out of government for eight years. i do know as a general matter that the collection of metadata and analysis of metadata is valuable tool in counter terrorism. >> reporter: on fisa courts which are obviously critical to a lot of this intelligence activity comey called this, an independent group of federal judges and anything but a rubberstamp. jon? jon: mike emanuel, reporting from the capitol for us. mike, thank you. jenna: remembering the deadliest day for firefighters since 9/11 as we now await a memorial

service honoring 19 elite firefighters killed battling a wildfire in arizona last year. i'm sorry, last month. firefighters from across the country are taking part. vice president joe biden will also be in attendance. we have been covering story live from prescott valley arizona. will? >> reporter: jenna, we're expecting 10 of thousands of people out here today. we're expecting so many people they have set up large monitors right here in this parking lot for all of the people who have come to honor, to remember these firefighters. people coming from as far as australia. this has been as you can imagine a very draining week 1/2 for the people from 24 area. they set up a huge memorial outside of the pros cot fire department. they tell us today they're here to celebrate the lives of 19 firefighters who died trying to protect their community. >> this is to honor these brave souls and just show gratitude and just support for all they

did for us and just to give some comfort to not only myself but the families, knowing that, you know, we all will not forget them. >> reporter: one of those firefighters is kevin wojak. he was 21 years old. he had firefighting in his blood. several family members who were firefighters. friend tell us he had a big smile, a big laugh, and a passion for fishing. >> he would come back with a 11, 12-pound lobsters. nobody could figure out where they could get the lobsters. he had the whole driveway covered in lobsters. he could catch the biggest trout out of a smallest stream. >> reporter: several speakers at the service will be the vice president, governor of arizona. most notable speaker will be the sole survivor of the crew. he will read the hotshots prayer. we certainly expect that to be one of the emotional parts of this service. back to you. jenna: our hearts are with that community. will, thank you.

jon: there is another change coming to obamacare. this after the white house delayed the employer mandate. why this latest adjustment could provide republicans with a political opportunity. we'll go in depth on that. new questions about why that runaway chain broke loose and sparked a massive explosion that pretty much wiped out a small town. developments are i can breaking in that investigation. we're live with story. hey linda! what are you guys doing? having some fiber! with new phillips' fiber good gummies. they're fruity delicious! just two gummies have 4 grams of fiber! to help support gularity! i want some... [ woman ] hop on over! [ marge ] fiber the fun way, from phillips'.

[ woman ] hop on over! (announcer) scottrade knows our and invest their own way. with scottrade's smart text, i can quickly understand my charts, and spend more time trading. their quick trade bar lets my account follow me online so i can react in real-time. plus, my local scottrade office is there to help. because they know i don't trade like everybody. i trade like me. i'm with scottrade. (announcer) scottrade.

voted "best investment services company." ♪ [ female announcer ] when your swapportunity comes, take it. ♪ what? what? what? [ female announcer ] yoplait. it is so good.

jenna: here's a look at headlines out of courts around the country today including this big case. oil giant bp is trying to challenge the number of claims the company was forced to pay after the massive oil spill in 2010. the company says a number of businesses secured payments for inflated or fake losses. >> >> the national football league in the meantime, thousands of former football players suing

the league for allegedly hiding the dangers of brain injury are now ordered to try to resolve their differences in mediation. players claim the league unfairly profited from the sport's violence without warning them. we'll see what happens during the mediation. graham my winning singer lauryn hill beginning a three-month stay in prison for failing to pay a million dollars in taxes over the next decade. jon: well the obama administration provides a big opening for republicans after the white house announcement last week that it will delay fraud prevention measures in the new health care law until after the 2014 midterm elections. house law makings are gearing up for a hearing to push back the mandate for providing health coverage for employers. rich lowery, fox news contributor, and a big fan of the president's health care law. no, i made that last part up.

we find out that this employer mandate is not going to be enforced, the white house says for another year. valerie jarrett says it is all fine. everything is still going according to plan. >> seems to matter just black letter law, in this law that you had to set up the, had to get employer mandate underway now. and this is just another case, jon, where they seem to be rewriting law on the fly and it relates to the latest change which there's not, they're not going to verify the people who get on the exchanges whether they're really eligible for them which seems to fail the most basic test of good government. so all this just means that they have conceded the law's not going well and that it is up in the air in a way they have been loathe to say it is. the line all along it is inevitable and resistance is futile. now we know that is not true. jon: congress passed a law, sort of, and the administration is supposed to enforce it, according to my high school civics class. they have decided this one they're just not going to

enforce? >> they have taken, when it comes to everything highly discretionary view of the law, whether it is immigration law, whether it is this. whether recess appointments. this really cast as pal of suspicion over everything you do. coming back at immigration, a lot of conservatives are wondering why bother to pass a law with enforcement mechanisms if you know they ignore it the same way they ignore provisions the same way they change them on the health care law. jon: do you see opportunity here for the republicans to change or toss out the health care law all together? >> i do. the law was not popular prior to this point. i think obvioushaos and in the inplim mentation will not make it anymore popular. republicans should do everything they can to delay or repeal specific parts of it. i think there's a big opening now where i think you could pressure democrats especially in the senate to repeal this employer mandate entirely because the reaction on the left

among a lost liberal pundits, this employer mandate was a bad idea all along. it was incidental to the law. if it is true, let's get rid of it entirely. jon: interesting it gets pushed back until the next round of elections. >> of course. they were having trouble implementing the reporting requirements from the employers which are hideously complicated but a big worry clearly, this is this mandate is a suppressant on the hiring of full-time workers. they want to delay that effect as much as possible and past, beyond the 2014 elections. jon: you touched on the immigration reform. it's out of the senate. it's in the house's hands now. what is going to happen next? >> well the house is not going to vote on the gang of eight senate bill. it will vote on discrete measures it thinks makes sense and are more incremental. the big question whether there will ever be a conference with the senate. folks like me who are skeptical of the gang of eight bill things it would be a mistake to have a

conference committee because there is so much opportunity for mischief and, it would be better for the house to kill this thing and to start over after 2014 when republicans actually may control the senate and the correlation of forces will be different and they will have much more leverage to do common sense measures. jon: yeah, but would they have a bill that the president would be willing to sign? >> then you could pass a bill and incumbent on him to veto immigration measure where the politics i think it would be a little different. jon: you argue forgoing slowly? >> go slowly. do things that make sense. i think loot of republicans in the senate voted for this out of a sense of political panic and idea they could vote for this, i think misbegotten law and put immigration issue entirely behind them. i think that is a fantasy. there are various measures in this law even if passed democrats would come back, why is the path to citizenship so long? why are you barring immigrants

receiving various government subsidies that other people get. the immigration issue is no putting it behind you in that definitive sense. jon: what about the argument, you see it. v commercials behind it, that the system we have now is defacto amnesty for the 11 or so million illegals already here? >> what you want to do is come up with a system where you don't have this problem again. according to cbo, the current bill, the "gang of eight" bill would reduce illegal immigrationly as little as a third. you could have seven, eight, million illegal immigrants 10 years from now. we don't want to be in the situation where every 10 or 15 years we have to pass another amnesty is as we show your book cover, i want to ask you, what would lincoln do? "lincoln unbound" is rich lowery's new book. it is fascinating. what would he do on immigration? >> he had a generous attitude for illegal immigrants. that is clear. he worshiped lawfulness. where he would come down on this

specific law, i don't know. jon: okay. >> that's a pass, jon. jon: we'll talk about lincoln and health care next time. jenna: sound like a good foundation for your next book, rich. we'll look at those questions. we're getting new details in the fiery oil train in canada that nearly wiped out one small town. investigators look why the brakes may have failed in one of the cars and causes and looking into whether or not there was another fire. there are a lot of unanswered questions. we'll bring you the latest on that. plus, defense testimony in the george zimmerman murder trial. the very latest from the courthouse next. let's play:

[ all ] who's new in the fridge! i help support bones... [ ding! ] ...the immune system... [ ding! ] ...heart health... [ ding! ] ...and muscles. [ ding! ] that can only be ensure complete! [ female announcer ] the four-in-one nutrition of ensure complete. a simple choice to help u eat right. [ major nutrition ] nutrition in charge.

jenna: fires around a train crash near the border of maine and canada have finally been

contained but there are missing of 40. maybe we have a hint of what happened here. rick, what do we know now? >> this is terrible story. the same weekend of the plane crash investigators are trying to get information from those so-called black boxes. data recorders just as in airplanes they collect information about the train's brakes, throttle position, the speed the train was traveling at the time of the accident. you can see the fireball here. this train was apparently parked unattended when it suddenly started rolling towards the downtown area. the owner of the company, montreal maine and atlantic railway which is based in chicago by the way says he has evidence that the train was tampered with though nothing specific on what that evidence may be. then sunday the company came out and said, that actually it is not yet been able to conduct its own investigation. canadian authorities are on the scene. according to "the wall street journal," jenna, m m&a, is the train company is called, has 23

accidents, injuries or reported mishaps, between the years 2010 and 2012. it includes this past weekend's derailment and explosion. the company has been criticized by some only employing one engineer per train and using so-called radio-controlled trains. no word if either of those things played a role in the accident this past weekend. you take a look at the scene there. we'll have more as we get it. back to you. jenna: just a horrible story as you said, rick. we'll continue to find out what they learn. my goodness, rick, thank you. >> sure. jon: we're also continuing right now to follow developments in the george zimmerman murder trial in florida with word the defense could wrap up any day now. today, action best jury even before, i'm sorry, action before the jury enenterred the courtroom with the judge hearing arguments whether to allow an animated depiction of the fatal strig gel between zimmerman and teenager trayvon martin. then testimony got underway.

phil keating live in sanford, florida, with the latest. phil? >> reporter: jon, after a bit of a taste of the judge's temper we got underway about 100 minutes ago the defense brought up a defense strategist. that is dr. vincent di maio, holding up a photo of zimmerman's bloody nose. the defense is trying to suggest based on those photos the forensic pathologist can convince the jury zimmerman was taking a beating of blunt force trauma before pulling the trigger. the defense is really hammering the position trayvon martin was on top straddling zimmerman when zimmerman pulled the trigger. for the third time in the trial, trayvon martin's hoodie with a bullet hole in the chest was brought out for the jury to see. powder tattoo marks and gunshot residue suggest zimmerman shot from the ground up.

>> the barrel of the gun was against the clothing, the muzzle of the gun was against the clothing but the clothing itself had to be two to four inches away from the body. at the time mr. martin was shot. >> reporter: early this morning, earlier this morning without the jury present a defense expert used his laptop to show the judge how his high-tech forensic computer animation works. the defense wants the jury to see their animation depicting the last few minutes of martin's life, the struggle with zimmerman and the shooting with you prosecutors wholly object saying it is based mostly on zimmerman's version of events, a 911 call, and one partial eyewitness account. but an hour 1/2 into the hearing the very annoyed judge had enough. >> 45 minutes, no.

we'll do this after, afterwards. i'm not having a jury sit back here for another 45 minutes doing nothing. >> reporter: and with that, they, the jury was then walked in the courtroom to begin listening to witness number one of the day, the doctor in there. last night the judge and attorneys were here until about 6:45:00 p.m. dealing with issue of the animation. it is very clear that the defense really wants this shown to the jury as might be a nice, what they believe would be a deal-sealer as they, lead up to resting their case. that is expected to happen perhaps as early as tomorrow. jon? jon: phil keating, keep an eye for us in sanford, florida. jenna: the hits keep coming for the irs. the latest black eye, exposing private information of thousands of americans, what you need to know. is your information out there? nearly four years after the

fort hood shooting the military trial of the army psychologist is about to begin. a former jag officer breaks down the case next. >> the staff sergeant sitting across from me, he was crawling on the ground. his left shoulder was limp. i reached down toward the ground to grab him. as i was kneeling and pulling him toward the door, i look up and i turn around to look behind me and there's mr. hasan. the

jon: well, "happening now," another black eye for the good ol' irs. the group, public resource.org, reports that the tax agency, battling scandal or should we say scandals, posted thousands of social security numbers on a government website apparently by mistake. steve centanni has that. he is live in washington. steve? >> reporter: hi, jon. an embarrassing and illegal breach of privacy for an agency already under heavy fire. it all happened because the irs requires nonprofit political groups to make financial disclosures which are posted for the public to see. the problem is some social security numbers were not redacted or removed from those forms before they went up on the irs website. the watchdog group, public resource.org discovered the mistake and alerted the irs. the social security numbers were on view for less than 20 four hours but the damage was done. in a statement public resource said in part, while the posting of this database serve as vital public purpose and the database

must be restored as quickly as possible, the failure to remove individual social security numbers is extraordinarily reckless act. 10 of thousands of numbers were posted and public resource estimates the number could be as high as 100,000. in response the irs says these nonprofit groups are warned not to include personal information on the forms they submit because the information will be made public. they say the mistake was quickly corrected. in a statement the irs said when we were alerted last week, that a substantial number of social security numbers were posted on irs. gov, the irs decided out of an abundance of caution to temporary remove public web access to the records. the irs is assessing the situation and exploring available options. of course this comes close on the heels of revelations that the irs improperly political groups when applying for tax-exempt status, jon.

jon: this is the organization that will have all of our medical records one of these days if obamacare is implemented. all right, steve centanni. thank you. >> reporter: you bet. jenna: after numerous delays and legal snags we're now awaiting jury selection in the court-martial of major nidal hasan. this comes four years after the army psych activity admitted to murdering 13 people and wounding dozens of others at fort hood. this is the worst mass shooting ever at a u.s. military installation. hasan, who will represent himself, claims he went on the rampage to protect taliban leaders. the judge used this defensive strategy can not be used at trial. the jurors will not hear this. let's talk about it with tom can any of, a jag officer with the army national guard and a defense attorney. great to have you here. let's start piece by piece. now that we're finally at the trial stage, how is a jury selected in a military trial,

versus what happens in a military court? >> the process can often look similar. obviously the customs are different and the trial is different but what happens is the post commander, general court-martial convening authority will send out notice to prospective jurors. in this case they sent out a prospective juror questionnaire months ago. the prospective juror will turn in notices and panel of them will be called into a military courtroom where they begin jury selection process where they are selected by the judge, prosecution and defense. in this case major hasan prose. jenna: major nidal hasan will question. we talked about him questioning witnesses and those he admitted to shooting in the case. >> sure. jenna: he will have the opportunity to question whoever is a potential juror? >> absolutely. a defendant in a military courtroom as the same presumption of innocence in a civilian courtroom.

he has the right to participate in jury selection if he has made the, albeit, probably ill-advised decision to serve as his own attorney, he is going to be the one questioning the prospective jury panel. jenna: as a jag, also a criminal defense attorney, someone that represented criminals before what is his strategy? we told our viewers a little bit about this defense of others strategy that will not be part of the court case saying he decided to shoot people to protect others overseas. that is not going to be a strategy. so what is going to be his potential strategy here? >> it looks like his potential strategy will be really to get up on stage, get up on a soapbox and turn this thing into a speckel. there is no rational strategy that can be discerned from what he has done so far. if anything, a defense attorney worth him or his salt would use a psychological defense. the idea he was severely mentally ill which is obvious to most at this point. thus he doesn't formulate the

intent to commit premeditated murder and save him from the death penalty. jenna: the question when we get to the death penalty is whether or not he is victimizing people all over again. you said he gets on a soapbox. the judge knowing that our legal system does permit things to happen such as someone like nidal hasan representing himself. how do you keep order? how do you get justice here? >> it's difficult. he has a constitutional right to present a defense under the sixth amendment but that right is not limitless. you bring up the idea that the judge wisely ruled against the idea he could put forth this imminent defense of others defense. that is a type of defense you walk out on to 42nd street and see someone holding a knife or gun to someone's head and you take out the that person. that is what hasan wants to imply. by killing innocent victims at fort hood he was protecting the taliban. the judge said you have a right

to present a defense but you can't go out and -- jenna: does that sound like propaganda? if is that is the reason he did it why isn't the judge allowing that? >> supreme court said you have the right to present a defense but the defense has to be grounded in sound legal theory, sound legal fact. it has to have a rationale basis. you can't get up there to do anything you want. jenna: that is why that ruling was made a former jag, now teaching military law. this is probably the most significant military trial in the last 30 to 40 years and one of the reasons for that is because the death penalty is on the table. we haven't seen the death penalty in a military trial like this in a very long time. in your opinion as a jag, someone familiar with system, how do you see the significance of what happens here in this trial? >> i mean, i think justice will be served. i don't think anybody has any doubt that hasan will be convicted on 13 counts of premeditated murder and spend the rest of his life in prison. the military has had several death penalty prosecutions since

1961. they have gotten several convictions. the issue with appellate process and so forth there has not been an execution since 1961. whether the jury votes the death penalty i think they ultimately will, whether hasan ever receives the ultimate punishment i think is really in question here. jenna: what do you think is the significance of that to the system? >> well, i think the significance, i think, a jury verdict verdict ordering death in this case would obviously send a very strong message. the problem is, people like nidal hasan probably will not be deterred by any possible verdict in this case no matter how severe. jenna: really interesting to read what is happening in the surrounding area of fort hood right now. all the things this community has to go through. now they have a heightened security threat. they're very concerned about people for the wrong reasons coming down to see this trial or at least make some sort of statement. >> like we're living the nightmare all over again. if you have been to a military base, i know you have, it's a community. one of the generals remarked

when the case came out, why didn't anybody have a gun to take him out? this is our home. we don't carry weapons in the home. the home is impacted not only by this tragedy and the trial about to ensue. jenna: just so viewers know, three months thinking timeline for this one? including jury selection? >> given who, who the lawyer has for a client, meaning hasan, yeah, i think this will stretch out a while. it will be very difficult to find panel members. it will be a long process. jenna: hopefully like you said, justice will be served. tom, great to have you. thank you so much. jon? jon: unbelievable it has taken almost four years to get to this point. as egypt teeters on all-out civil war, questions about president obama's handling of the unfolding crisis involving one of america's closest allies in the middle east. >> i think the situation in egypt is a tenuous one, one of the most respected institutions in the country is their military. and i think their military on

behalf of the citizens did what they had to do in terms of replacing the elected president.

... ... ... ...

jenna: "happening now" in egypt the country's interim president now naming a prominent economist as prime minister and he is appointing pro-democracy leader mohammed elbaradei as vice president as the country appears on the brink. the head of the country's top islamic authority is warning that egypt is heading towards civil war after government troops opened fire on supporters of ousted president mohammed morsi killing dozens of protesters. the military says the protesters were getting a aggressive. that is why they opened fire. is it tough knowing what is happening on the ground there in egypt? we're lucky to have a research fellow at the new america foundation. we talked to him all over the

middle east. he is in egypt now. barak, i'm curious about your observations on the ground there. what are you seeing, what are you hearing? >> tensions have peaked between the protesters especially shows that wanted mohammed morsi to resign and supporters of the muslim brotherhood. violence yesterday where 51 people were killed. people are angry and a lot of conspiracy theories and it will be tough to shore up the society moving forward. jenna: one of the things you've done in your professional life and we have live pictures from tahrir square, you travel in a bunch of different areas and deresearch and analysis and go back and one of your jobs is to brief lawmakers when you go up on capitol hill to testify and you recently did that on syria. if lawmakers were calling you back to talk a little little bit egypt what would be your suggestion what the united states should do here? >> the united states provides egypt with $1.5 billion in aid. most of that goes to the

military. we only give $25 million for governance and civil society programs. that is where democratic institutions will be built to provide stability for society. we need to increase that. we need to shift our aid from capital, from technical projects to providing immediate budgetary relief. egypt is the largest wheat i am porter of the world. -- importer of world. and provides a lot of food subsidies. what the united states need to do to work with its partners is provide egypt the wheat so it can reduce constraints on the government which uses that money for, expend its foreign currency reserves to provide the wheat. jenna: it is interesting you're talking about social issues because a lost folks pointed to the muslim brotherhood and the reason why muslim brotherhood representatives got elected in this past government because they were so good on the social issues side. and i'm just curious because there's been a lot of question who emerges from the opposition

and what the next government of egypt looks like. do you have any indication about what the next government of egypt will look, feel, sound like? >> well, it is starting to look like the next government will look like a lot like the government that was overthrown in 2011 under president hosni mubarak. whether they call the remnants of his government have come to the fore again, police services are back on the street. they're emboldened. demonization of the brotherhood is in force in the media. a lot of people that were removed and stepped aside after the 2011 revolution and come back and take new positions of authority. jenna: you think you see another dictatorship, is that what you're saying? >> i don't think we'll see a dictatorship because the military is very keen to avoided what happened when they took power in 2011. they are allowing the technocrats come on stage. appointment of a president who was the head of the supreme court. naming of a new prime minister who is prominent academic with a

great impeccable academic pedigree. they will put the technocrats in the for. we will see -- marginalize to the extent they will not be allowed to participate in the election. jenna: that would be interesting. that's what some of them did to other groups. we're watching again how does a new government form here. barak, on the screen, i know you can't see it, we have images of folk holding up signs and there is lot of anger begins our ambassador in egypt and a lot of anger on the streets of egypt against the united states. we know egypt is so significant to the arab world with its news media and entertainment resources, it really tells a big story to the rest of the arab world. what do you think is the significance what is happening to egypt especially when it relates to how egyptians feel about the united states? >> a respected scholar once said egypt is the arab world in

focus. what happens in egypt ripples out everywhere. the whole arab world is looking at egypt and its failed democratic experiment saying democracy does not work. who is benefiting from this? al-zawahiri and al qaeda. they have demonized the muslim brotherhood participating in the elections. they said wests would never allow islamists to rule. elements on the extreme, election, participate in democracy. no one will let us win. only violence will work. we may see a new generation of people like al qaeda coming to the fore now. that is something that should worry washington and we need to work together with any future government to ease the society's frustrations that we don't see millions of people pour into the streets every six months. jenna: wow, that is an interesting observation, barak. great to have you back on the program. safe travels. weeing look forward to talk to you again. >> always a pleasure, jenna. jon, genetic testing doctors say

that is one of the best tools for the early detection of cancer but the cost kept that out of reach of many people. how a new supreme court decision is changing all that. a live report is yes! next

jon: right now a new supreme court decision on genetic testing already having major impact on the insurance industry bringing down costs in a major way making tests more affordable for the average person. laura engel live in the new york city newsroom with that. laura? >> reporter: one of the tests is is the one that actress angelina jolie had for the braca gene for breast and ovarian cancer. men and women found it very difficult to afford the test which costs up to $4,000. due to the patent held on the

testing by myriad genetics the company that invented the test. that is why it was so expensive. a supreme court ruling banned genetic patents which dramatically cut tosses. testing requires blood work to test the patient's gene which gives doctors and patients a heads up about a possible health crisis down the road. getting approval from insurance companies has been tricky but carriers are recognizing the test something actually cost effective. >> even if an insurance company has to pay for a proif i electric reconstruction, say it is $50,000 is the benchmark, that is much less expensive paying for that same patient to have a ma'am gram and breast mri every single year as well as exams by a breast specialist. >> reporter: most insurance companies cover testing if there is known mutation in family member or first or second degree relative developed breast or ovarian cancer. what is once a uphill battle now

is something obtainable and potentially life saving. we talked with a connecticut resident, gabby a 24-year-old with a hit of breast cancer in her family. >> getting tested and being diagnosed with the gene was almost a huge relief for me because now i know that, you know, there is so much i can do to fight it and prevent it and take care of myself. >> reporter: she elected to move forward with a double mastectomy in the next few months, a procedure her insurance will cover. we'll bring you more on the influx of the testing. jon? jon: laura engel, in the newsroom. thank you. jenna: getting to the bottom of what went wrong with asiana flight 214. what investigators are learning as they interview the copilots who were at the controls.

>> as you know, they didn't win the white house but the

romney/rya n campaign has fans in kenya. they couldous some shirts and the project has a clinic and orphanage and shirts and more. the shirts are slated to be distributed in the next now days in surrounding areas. they are still good t- shirts and they are collector items at this point. >> i imagine so. don't be surprised if you visit kenya. >> you can see championship teams and both sides print up t- shirts and both sides print them up and only one issoused. they go to good causes around the world. >> america live starts right now. >> and thanks, guys, we start with a fox alert. years of legal snags and endless delays, the victims of the worst shooting ram pag begins a move

step closer to justice. welcome to america live. and so it has been nearly four years since army skoik tryst majorna dal hassan opened four in fort hood, texas. he killed 13 and injured more. jury selection gets underway in two hours from now. the victim's long wait started in 2009 when a single gunman opened four. seven days later the initial charges were foiled in this case. the trial was delayed nine times. by last summer, the victims thought it would get underway only to see it delayed again when major naszan combru