having a good time on your vacation. >> we will see you back here tomorrow. >> writes now brand-new stories and breaking news. >> the 911 calls out for the moments just after the flight crashed in san francisco, the passengers begging for help. plus, unmanned drone now able to land itself at sea. is it the beginning of a new era in warfare? in a breakthrough in the boston strangler case. we'll tell you about it "happening now." good morning to you on this thursday. jenna: asterisk any details about the moments before the deadly asiana plane crash in san francisco. the panic and chaos that unfolded in the aftermath. authorities releasing dramatic 911 calls from passengers and

witnesses t detailing the horro. >> yes, in a plane crash and a bunch of people who still need help and there are not enough medics to help. there is a woman on the street on the runway who is pretty much burned very severely on the head and we don't know what to do. jenna: how calm the caller is describing that situation. live in san francisco with more. reporter: clearly a lot of frustration and panic after the crash. now we're learning effort to get everybody off the plane did not begin immediately. we're told the pilot told everyone to stay in their seat while he contacted the control tower. >> the lead for the cabin manager made an announcement

over the pa for people to stay in their seats and to not evacuate. reporter: only when one of the flight attendants saw a fire outside that everybody starts to evacuate about 90 seconds after the crash. 2351st responders on the scene within minutes. they had to keep their distance out of an abundance of caution. there was a lot of concern the plane could explode. jenna: what a scary situation as we continue to learn more. ntsb is focusing on several factors, walk us through some of those factors. >> you are right. some of the things they are taking a close look at are the automated equipment the pilots are using in the cockpit, the automated throttle that was being used to maintain the target airspeed for landing, investigators wants to know if it malfunctioned or if it was not being properly monitored by the pilot seconds before the

aircraft the seawall killing two passengers as it bounced about 100 feet. and then there was this account of the mysterious light in the sky. the pilot says he was temporarily blinded 34 seconds before the crash. it is still unclear what that was or if it played a role. the wreckage is now being cleared away but a lot of repair work that needs to be done. it could be several more days at least before the planes are able to utilize that runway. jenna: thank you. jon: right now the george zimmerman murder trial entering its final chapter. the prosecution and defense giving closing arguments and closing hours. it will be up to the jury to decide if zimmerman acted in self-defense when he shot and killed 17-year-old trayvon martin last year.

lives in sanford, florida. already some developments in court this morning. reporter: this morning multiple explosive outbursts from george zimmerman defense attorney don west in the courtroom. they all met here at 9:00 a.m. to go over the jury instructions. and we got to the lesser offenses the state wanted included on the jury instructions for the six women when they go into the deliberation room tomorrow to consider. so here's what we have so far. george zimmerman charged with second-degree murder, that is a conviction option for the jury. also, manslaughter, a lesser event that will also be a consideration for conviction by the jury. the state still wants a judge to allow in the lesser charge of third-degree felony murder, and they are still arguing over that, and here is why the

defense attorney got so upset because the state must qualify for third-degree felony murder, a specific committee of another crime according to the state child abuse because trayvon martin was under 18 at the time, 17 years old when george zimmerman admittedly shot and killed him 40 claims was self-defense. >> just when i thought this case could not get any more bizarre, the state is seeking third-degree murder based on child abuse? is the court going to give us any serious contention? because if so, we have a lot of talking to do. we can start with he dumped all of this on us sometime around 7:30 this morning. with an e-mail oh, by the way, we changed our lesser included request from x-rated assault to

third-degree murder based on child abuse. obviously he has spent hours if not days if not in fact may be more than a year plotting for this moment when he can spring it on us. speak of the jury instruction is critical for tomorrow afternoon. the prosecution will give the two hours or so closing argument and the jury will go back to the secret hotel room friday morning mark o'meara will give his three hours closing argument presentation followed by a short rebuttal, another hour by the state and the jury will get the instructions and going to that deliberations room to come up with a verdict if george zimmerman committed murder or acted in self-defense. jon: all kinds of developments

and fireworks as you pointed out. jenna: we will be talking to our legal panel. this just in, new calls for action today gets a controversial late-term abortion doctor in maryland. pro-life leaders claim another patient was rushed to the hospital after visiting his clinic, their point of the to suspend the medical license before any more women end up in the hospital or the morgue, that is their argument. you may remember the doctor convicted in may of murdering three babies born alive and then killed in his clinic. live in washington with more on this story. covering the story extensively over the last few weeks, but who is he and what is a controversy here around him? >> lot are wondering why he has a license to practice medicine

because of the first time this has happened that a patient has been carted off to the hospital from the abortion clinic. he still has a license because the state board of medicine is investigating the case that have not reached a decision on the first case. it was back on february 2. a woman died after an abortion procedure. demonstrators were back at his office in maryland this morning and have in their possession another videotape which they say shows another woman seeking an abortion wheeled out of the clinic on a stretcher into an awaiting ambulance. using his practice what they believe is his incompetence to draw attention to the lack of regulation in the abortion industry. >> maryland, do your job to protect the women in your state and immediately suspend his license and let us move forward to make sure there is quality

professional, save health care for the women of this state and across the nation. >> protesters believe there may be other women who have been hospitalized due to what they believe is incompetence. jenna: interesting the debate in maryland because the story happening in texas as well and we're seeing this topic really energized a lot of different states across the country. >> debate energized with the conviction of the abortion doctor terminating the lives of living infants by snipping the spinal cord and at the heart of the texas abortion fight over late-term abortions. pro-life supporters say better equipped clinics would save lives, pro-choice advocates say it would increase cost to send a abortion patients. >> the wealthy who can afford it and can travel anywhere in the

united states, and for the poor, you happen to be up a creek without a paddle, you can go to the back alleys with a coat hanger is used. >> "new york times" reports the cdc finds 10 women died of abortion related causes in the year 2010, the last year the records are available. jenna: thank you. jon: there is an arrest to tell you about in the disappearance of an 11-year-old boy with autism. the discovery made her his home and the family member now charged with murder. also a first for the u.s. navy, an unmanned drone lands itself at the. with a little help from a joystick and computers, i would suppose. we will talk about what it accomplishes means for our military and its capabilities.

jon: right now some crime stories we're keeping our eye on. police with search dogs looking for a girl who disappeared from an suv parked outside of a supermarket. local reports so the girls left with an elderly yesterday. witnesses say a woman took the toddler. also in california, the 16-year-old half-brother of a missing autistic boy is now facing murder charges. 11-year-old terry smith disappeared from his home over the weekend. they found the body of a boy who fits the description in a shallow grave not far from his home. in boston judge rejects the request from monster whitey bulger attorney to suspend the hearing to have more time to

prepare. 83-year-old charged with 19 murders in the 70s and '80s. the prosecution said he had 16 years to relax as a fugitive. jenna: the u.s. navy making history in this video is showing it. wedding all by itself on an aircraft carrier at sea. happening aboard the uss george hw bush off the coast of virginia. retired u.s. marine and fosters military analyst and graduate of the naval academy, don't ever tell him the navy separates us as a world power. >> absolutely. our navy is all about protecting u.s. power overseas in a short and timely fashion so the ability to put drones anywhere in the world quickly is a great

new addition to the weapons system, our arsenal and the navy deserves a lot of credit. jenna: let let's talk about this program specifically. what does this mean in general for warfare, surveillance and our impact worldwide? >> most people tend to think of drones for the weapons capability because of the drone strikes in afghanistan, pakistan and iraq but really they are used more for surveillance getting over potential targets, known enemy targets, this system will not be fully deployed for a number of years but a big drone that will probably have a lot more than just weapons and surveillance, probably electronic capabilities and having the ability to drop supplies and troops behind enemy lines.

most importantly this thing will be able to be deployed anywhere in the world on relatively short order. three to take into consideration what we have heard about sequestered. men and women train to fly, unable to fly because of money issues. is this the right area, or are you concerned about the human beings trained to go into battle and to land on the same aircraft carriers. >> this is a long-range program. i did not see any details about that or what it is going to cost but over time the intent of most of the services to back some degree to replace pilots with unmanned vehicles to do all the things a pilots can do, it is

happening slowly and i would say 20, 30, 40 years from now very few out there and technology, so five or 10 years from now with the impact will be, how the money will impact on the training. let's only hope sequestered budget cuts and things become a thing of the past and the future. jenna: on another story we're looking at today it seems the pentagon is entertaining the idea of cutting some hazard pay to folks in the military, folks deployed in different areas of the world for the pentagon has determined there is a risk for them. it ties in with a story we're talking about. how much impact with this have on the bottom line, what are your thoughts on it? >> $225 per month, 56,000

people, my son is in the army, have to throw that out there. he is about to be deployed back to afghanistan. i am sensitive to what our young men and women are being paid. it will become a morale issue for many of them who get it, some of them looking to go overseas and may be getting it. the pentagon is throwing that out as a balloon to see what responses will be. our big aerospace defense systems that cost billions of dollars have all kinds of lobbyists in town to defend them to make sure it gets there. our men and women don't have lobbyist in town supporting them. we have to look to members of congress to defend and support them. we may end up seeing some cuts over there.

we had to pay our men and women more for the things they do for our country. jenna: gives us something to think about. as always, thank you for the ti look forward to your conversation. thank you. jon: i know your husband did what, for tours in iraq? nicole: three tours in iraq and several deployments. a couple dollars extra per day. it does matter. we will see what happens. sometimes they are floated out to see what the public reaction is like. jon: a new study out on the nation's obesity crisis. while americans waistlines are expanding despite them getting more exercise. plus at the white house announced it will delay the

health care law employer mandate for business, senate republicans have sent a letter to president obama urging him to delay the entire law for all americans. we will speak with one of the authors of the letter about this new push coming up. tony used priceline to book this 4 star hotel. tell 'em why. free breakfast with express deals, you can save big and find a hotel with free breakfast without bidding. don't you just love those little cereal boxes? priceline savings without the bidding.

jenna: a new study finding while americans are exercising more it hasn't done much to slim our waistline. what about that? >> this is from an online journal, it is called population health metrics. even though we are more physically active, we are exercising more, obesity is still a major problem.

over the last decade men and women are doing a good job of getting the right amount of exercise. 59.2% of women, 51.2% of men. as a whole we are eating more. the extra time we are spending at the gym is not enough to offset the extra calories that we are consuming which is my war the more than one third of adults and 17% of kids in this country are obese. public health experts are looking at the bright side, thee state is good more people are exercising and couple that with more and better efforts to promote healthy eating, we could finally soon start to see the obesity numbers come down a little bit. jenna: we will see. >> a potential new setback as delay imitation of the employer mandate. the key component of the law that requires small companies

provide health care for employees. urging the president in a letter to permanently delay implementation of obamacare for all americans. one of the lead authors of that letter joins us live from capitol hill. it is unusual to get everyone on board for anything, but everybody signed on to this letter. what are you asking the president to do? >> all of us in the senate that were here when obamacare was voted on voted against it. our new members all agree the best thing that we can do is delay permanently the legislation and go about doing this right. we wrote a letter to the president announcing they would delay the employer mandate, great for businesses and said what about everybody else, the 6 million americans hit with individual mandate tax and the americans who will lose the coverage they have or see their premiums go up, what will you do

about those folks? our message is we understand, it was hurting a lot of employers forcing people into part-time jobs instead of full-time walls two jobs. >> the president said individual mandate is not a tax increase. your letter says it is going to increase the taxes on an average american by $1200. >> that is right. that will be the impact from a lot of people in this country who are going to be hit by this in addition to the other taxes included in the bill being passed on by the premium. this is a disaster for americans, not just employers affected by the employer mandate but middle-class americans affected by the individual mandate, middle-class americans affected by the higher taxes and the higher premiums in this bill.

you know what, let's delay this and let's start over and go about doing this the right way. there are issues and problems today, those can be fixed, a massive 20,000 pages of regulations to implement. jon: it is the law of the land, the president says there are parts that he doesn't want to begin enforcing it. >> i have issues with that because it is the law, we will nullify part of the law, and yet democrats on capitol hill are still giving an endorsement to this. i think that is problematic and most people see that. we will not apply the penalty, businesses will still be required to offer government

approved plans but we will not fingive them a fine front doing that. this is a train wreck as has been described by some of the democrats on capitol hill when it comes to implementation. we think it is not working out as advertised and they want to take a step back on employer mandate. jon: please come back and share with us any response you get from the white house. thank you. jenna: major developments in the murder case that rocked the nation back in the 1960s. this woman and 10 others found strangled to death in massachusetts. what authorities are revealing now about the infamous boston strangler case. that is next. hey, the new guy is loaded with protein!

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jenna: a fox news alert for you now. new developments in the case of the boston strangler. you may remember albert desalvo, he confessed to killing 11 women back in the '60s. authorities are revealing new details. rick is live in our newsroom watching these developments that kind of caught us all by surprise, rick. what are we learning? >> reporter: we're learning that police are calling this a major development, jenna. the press conference still going on. albert desalvo, as you mentioned, confessed to being the boston strangler, but he was never convicted ott killings. he was sentenced to life in

prison on other charges for other crimes, and he wound up getting stabbed to death back in 1973 while still in jail. ever since there have been people who doubted whether, in fact, desalvo was the boston strangler, and now the suffolk county, massachusetts, prosecutor says scientific advances have allowed them to confirm he was at least responsible for the killing of the woman on the screen right there. she was 19 years old at the time of her killing. her name was mary sullivan. >> advances in the sensitivity of dna testing have allowed us to make a familial match between biological evidence recovered from the crime scene and the suspect in mary sullivan's murder. that suspect is albert desalvo. finish finish. >> reporter: sullivan's rape and murder were the last of the killings attributed, it was the last of the killings attributed to the boston strangler who terrorized the city back in the 1960s. prosecutors say that these

advances only tie desalvo to the sullivan murder and questions, of course, will they be able to link him to any of the other people who were killed by the so-called boston strangler. and we've just learned from the press conference, jenna, that they do not believe, prosecutors do not believe any dna evidence exists from those other ten victims. and so it might be hard to make that connection, but at least a development today that ties desalvo to the final killing of the boston strangler. back to you. jenna: what a development. rick, thank you. jon: a crime update more than 50 years in the making. house republicans are making it clear they are in no rush when it comes to immigration reform. last month the senate passed a massive, complicated billboarder security triggers and a path to citizenship for those already here. republican leaders in the house, though, say they will not vote on the senate bill. they plan to work on a series of smaller bills and take a step-by-step approach to fixing a broken system.

angela mcglowan is a fox news political analyst. you're already hearing democrats, especially from the senate side but also in the house, saying, oh, republicans are just trying to kill immigration reform. is that what they're doing? >> well, they're not trying to kill immigration reform, but one thing that all republicans can agree on in the house, that they don't like the senate pill. bill. but i hope that republicans take the george w. bush stance. i'm from that mindset. when we do have debates about immigration, we should have benevolent spirits. because democrats have already started demonizing the party saying that we're the party of no, we're obstructionists, and we don't want to have any type of immigration reform which is just not true. jon: the senate bill got, what, 68 votes. it had a fair amount of republican support, pretty rare anything gets 68 votes in the senate these days, so why shouldn't the house side go along? >> because the house put it plainly that the senate does not run the house, and they want the

opportunity, jon, to do their bill piece by piece. but the bottom line is do they have the time? they take recess next month, and they are going to have other spending bills that come up. and if you take a bill piece by piece, it has to go through different committees to be voted on and then put together to go to the house floor. then once it passes the house, if it does, then you have to go to a conference. so i don't believe we're going to see immigration reform this year. even though darrell issa stated that we might have a bill late this summer, i don't see it happening. jon: well, which of the pieces is providing the most, the biggest rub in the house? >> the biggest rub is especially with conservatives. as representative king said from iowa, he stated that any type of legalization is citizenship. so a lot of members of congress from the right, they can't agree on what to do with 11 million people. some people want to deport part of them, especially the ones that have a criminal past.

others, they want to actually secure the border before we create any type of legislation. then you have some tea partiers that are like why not enforce the laws that are already on the books. so we have a lot of diverse people making our laws, and that's the beauty of the system, jon. but is it going to work for the midterm elections? because democrats now are already campaigning against republicans. jon: all right. we'll see where this thing ends up. thanks very much for helping us break it down. >> thank you, jon. jenna: new information on the economy. unemployment, in fact, 360,000 americans filed for unemployment in the latest week. that's up slightly from the week before that, but analysts say the economy in general is improving when we start to see those numbers. now with small business, we've taken a look at a lot of small businesses that have been struggling in light of the economy, and today's small business spotlight we're taking a look at a successful children's consignment company built on the back of volunteers

and a very innovative ceo who is now facing a battle with uncle sam. she's founder and president, and she joins us now. so, rhea, we mentioned consignment shop, and that might give the wrong impression. just tell us a little bit about how you as a mom who wanted to contribute to her family and also stay present with her kids, how you came up with this idea and what exactly you do. >> i was just a young mom 16 years ago with three small children, and i loved cute kids' clothes and couldn't afford it. our budget was tight. so i would shop at consignment sales and garage sales really looking for a bargain and was just a little bit frustrated with that secondhand shopping experience. i just decided to have an event in my living room, and then we just had that event, and it grew. other moms loved what we do. jenna: so now you've grown to, what, 18 states? how many states do you have your

consignment shop in? >> yes. i operate three large events in central arkansas. our largest one has 1200 families and 100,000 items, and then we franchised about five years ago, and we have 66 locations in 22 states. jenna: and so these are like pop-up stores as we might call them, right? you decide to rent out an area, folks come with their goods. they are allowed if they want to price some of their items and sell them, they split the profit with you. but you've run into a little bit of an issue here with not the state governments necessarily, but with the federal government because of the volunteers that you have. how do people volunteer in your business? >> with well, our consignors choose whether they want to volunteer or not. they use their personal time for their benefit and, yes, two years ago the arkansas department of labor audited us, and we received a favorable ruling. and then the u.s. department of labor audited us this year and several weeks ago they told us that our cooperative effort with our moms who are volunteers,

they're also our consignors and our customers, that our cooperative effort with them is out of compliance with the fair labor standards act. we disagree, jenna. we feel that we are in compliance, and the law is on our side. jenna: it's interesting. we reached out to the labor d. because we were hoping to learn more about the law. the argument is that if you wanted to volunteer for a nonprofit, that would be one thing, but for a for-profit company, you have to get a wage. you can't go in and volunteer and get a discount or get first dibs on the items, and that was the issue they were having with you. we haven't received a response back, so we're waiting for that. in the meantime, how are you going to navigate the years going forward, and what is the impact on your company with that message from the labor department? >> well, i would just say that we use the term "volunteer," but they're actually incentivized workers, and the supreme court just said that when we apply the fair labor standards act, that we look at the economic reality of the whole situation. we don't check our common sense at the door. and so we look at the whole work activity.

and the economic reality of our business, it's moms who come together and work for themselves for their own benefit. and they're really coventuring with us. and so we are just planning to right now we're continuing to hold events across the country. we're excited about serving moms, and we're going to be using every opportunity and every avenue that we have to get our story out. jenna: well, it's certainly an innovative company. we saw your article in "usa today," your editorial, and we'll keep up on your story. a great resource for folks that want to learn more. thank you so much for the time today. >> thank you so much for having me, jenna. jon: a horrible accident in a parking lot to show you. a van backing up just as a woman pushes her son in a stroller behind it. how it ended and why police are now searching for the guy behind the wheel. plus, new protests in egypt as the military-led government this broadens its crackdown on the muslim brotherhood. the new questions about whether the u.s. should cut off all aid

to egypt. we'll talk about it with author and fox news contributor marvin kalb. i want to make things more secure. [ whirring ] [ dog barks ] i want to treat mo dogs. ♪ our business needs more cases. [ male announcer ] where do you want to take your business? i need help selling art. [ male announcer ] from broadband to web hosting to mobile apps, small business solutions from at&t have the security you need to get you there. call us. we can show you how at&t solutions can help you do what you do... even better. ♪ mhandle more than 165 billionl letters and packages a year. can help you do what you do... even better. that's about 34 million pounds of mail every day. ever wonder what this costs you as a taxpayer?

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jenna: now to egypt. right now the country is still very much divided a week after its military threw out mohamed morsi as president, and we have some new protests also today. the military-led government is now accusing morsi and his allies in the muslim brotherhood of a campaign to incite violence the days before and after his ouster. the remarks coming as the military crackdown broadens, including new arrest warrants issued for the brotherhood's spiritual leader and others. our government gives cairo $1.5 billion a year mainly to the military, but you've heard the

lawmakers, they're questioning this. here to talk a little bit more about all of this and his new book is the author of "the road to war: presidential commitments honored and betrayed," it's written by marvin kalb, a fox news contributor and, obviously, a published author as well. congratulations, marvin, how apropos the title is when we talk about the road to war. some have been asking that question about what's happening in egypt right now, and if war is the next step. before we get to some of the domestic policies for us, what do you think about what is next there? >> what is next there nobody really knows, because right now the military has the upper hand. the muslim brotherhood is clearly on the defensive. but with an enormous amount of clout. and so it could frustrate what the military wants to do. the way the military can impose itself is with military might. that leads to violence, that leads to killing, and that leads to the possibility of a new civil war in egypt.

jenna: the united states has been aligned for many decades with the egypt military, and so there's been a lot of both criticism and applause for this president, the president that we have, president obama, about his actions in egypt. the point that your book makes is that regardless of who is president, democrat or republican, we've seen a rise in presidential power when it comes to intervening or getting ourselves into conflicts. what do you -- how do you think that fits here when we're looking at the middle east today? >> well, the way it fits in is, i think, quite directly. because we are on the edge of a major military commitment of some kind, unidentified at the moment, to syria. we don't know exactly what we're going to do we egypt, but we are -- with egypt, but we are on the record. there is a presidential commitment as i point out in the book time and time again to stopping iran from having nuclear weapons. well, supposing iran within six months reaches that -- and that, by the way, is the intelligence

estimate. supposing within six months iran reaches that point where it's going to build nuclear weapons. does the united states then go to war with iran because the president has made a commitment to stop them? the logical answer is, yes. and, therefore, words lead immediately to policy, and policy could lead to action. jenna: and so where do we fit in with that? we've, obviously, elected representatives to go to washington to -- >> right. jenna: -- be part of the checks and balances of government. and if the president's commitment -- and, you know, president bush also talked about iran not getting nuclear weapons, it's not just president obama in this. >> exactly. jenna: what about that check on power about whether or not there is the people and our representatives to check whether or not that commitment is the right one? >> thank you, jenna, for that question. one of the central reasons why the president now has such enormous power to go to war, to stop a war, to enhance a war is

because the congress, which is supposed to be the check on presidential authority, the congress on the issue of war and peace has gone on vacation. and it's been on vacation now for decades. and increasingly as the congress becomes irrelevant in the making of foreign policy, the president picks up the power that congress has left on the streets. and so it isn't that a president whether democratic or republican seizes more authority, it was simply there, and the president moves to accumulate more and more of this power. the danger here is that in the world in which we live where television is so important, where imagery is so important, when the president says something, the very words out of his mouth become a national commitment. and it would be very embarrassing to the u.s. if we didn't follow through.

jenna: well, the reason for that transition, the why in all of that, is all the more reason to read your book, marvin. thank you for that today. look forward to having you back, as always, sir. appreciate it. >> thank you, jenna.

jon: country music singer randy travn critical condition at a dallas area hospital admitted on sunday with congestive heart failure. his condition worsening when he suffered a stroke last night. julie banderas is here with the fox 411. what's the latest on his condition? >> reporter: right now still in critical. randy travis taking a turn for the who worse, jon -- the worse, jon. the 54-year-old country music star went into surgery to release pressure on his brain after suffering a stroke. a complication brought on by congestive heart failure. this morning, while he is out of

surgery, he does remain in critical. the grammy award-winning singer had been admitted to a texas hospital on sunday after contracting a viral upper respiratory infection which led to a weakened heart muscle and worsened into heart failure. his publicist says, quote: his family and friends are here with him at the hospital and request your prayers and support. those family members and friends include his brother, his fiancee and pastor. heart disease, reportedly by the way, runs in travis' family. his brother suffered a heart attack last year, and his mother passed away at an early age due to heart complications. jon: what caused the stroke? >> reporter: doctors haven't said what kind of stroke he suffered. the most common occurs when a blood clot travels to the brain, another type could be when a blood vessel in the heart bursts or leaks. the sooner patients are treated with blood thinner to desolve that blood clot, the better. now, for travis the fact that he was already in the hospital at the time meant he got that medical attention right away. that's a good thing.

when travis was originally taken to the emergency room on sunday, doctors had to insert a pump through a catheter to help increase blood flow. that's meant to prevent blood clots from happening. hours before his stroke yesterday, doctors had said he was showing signs of improvement and he had, quote, stabilized. three weeks before being hospitalized, family and friends said travis was in good health, but it quickly deteriorated over the weekend. jon: he's had a rough road, we wish him well. thanks, julie. jenna: we're awaiting a very contentious confirmation hearing for victoria knew lin. she's expec face a lot of questions on the benghazi attack last september. she was state department spokeswoman at the time of the attack. we'll bring you the latest out of d.c. and brand new stories next hour here on "happening now."

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stories coming your way including fireworks in the george zimmerman courtroom as one of zimmerman's lawyers spars with the judge. does -- did that lawyer have a point, though, is the judge biased against george zimmerman? we'll take a look at that. also, take a look at these forest fires here, a brand new report on climate change and the effects on the weather bound to stir up some controversy. we'll talk about that. and we'll talk with a member of our medical a-team about whether or not a simple supplement could actually help protect men against prostate cancer. all of that and breaking news as it happenings. the second hour of "happening now" starts right now. jenna: we've talked a whole lot about health care this week and revving up the big pr machine for the rollout of it all. is, well, is the administration down in d.c. glad you're with us, everybody, i'm jenna lee. jon: they are out to sell obamacare. welcome to the second hour of "happening now," i'm jon scott. just 82 days to go until the

insurance marketplace is supposed to open for business, and the controversy over the delay for the employer mandate is heating up. so the race is on now to try to educate folks across america about how the so-called affordable care act actually works. supporters pulling out all the stops and shelling out millions and millions of dollars for major ad blitzes. those include everything from flying airplanes towing banners across beaches to branding coffee cups all in an effort to reel in young and healthy americans, the group that won't weigh down the system with high medical bills. but opponents of the health care overhaul bill also making their voices heard, pouring big bucks into television attack ads. joining us now to try to help make sense of all of this, jamie weinstein, the senior editor at "the daily caller." so if the president has said this is going to to make things better for all americans, people should be just jumping up to embrace obamacare, why is that not apparently happening? why do they need the ad push?

>> well, there's two types of ads here. one type of ad is trying to promote obamacare generally and say how great it is because the poll numbers for obamacare remain very, very low. the second type of ad is trying to get these young people that you mentioned to enroll in the individual exchanges that open up in october. and now this is a very, very tough sell because most of the young people that they want to enroll don't really have any idea what obamacare really entails. they thought they were probably going to get free health care. but just the opposite's the case. they're going to have to spend a lot of money in order to subsidize the premiums for the old and the sick. so these ads are going to try to convince these young people from which they're probably paying nothing if they don't have health insurance right now to spend a thousand, 2,000, maybe 3,000 dollars a year in order to pay for something that they don't probably really need to the extent that obamacare's making them get it so that they can subsidize the premiums for the sick and the elderly. that's going to be a pretty tough sell, i think. jon: so you've got to go to somebody who's over age 26, i

guess, because if they are up to 26, they can stay on their parents' policies assuming their parents have them. you're going to have to try to convince those people to start paying for something that they think or that they might not think they need. >> right. and by the way, because of obamacare the premiums that say they got several years ago would have been much lower several years ago. because of obamacare, those premiums have doubled, in some cases tripled. so they're going to have to pay a lot more than they would have had several years ago to get coverage they may not need to the extent obamacare's forcing them to get it so that they can subsidize other people that are coming in the system. that's a pretty tough sell, especially in a demographic that more than likely when they thought about obamacare, they thought they were going to get free health care. they probably didn't look into the details of it. and by the way, obama said, you know, everyone's going to pay less than they were paying before. so they were kind of sold a bill of goods, and they're not going to get what they thought they were going to get.

jon: yeah. there is no free lunch, i did learn that once upon a time maybe when i was young. so what happens if these young people that are sort of a pillar of the effectiveness of the law, what happens if they don't jump onboard? >> that's going to be a huge blow, i think, to the whole program. there is a penalty if they don't get the insurance, don't buy insurance, but it's much smaller than what they would have to pay if they got insurance. so a lot of of them just might say, you know what? we'll pay the 1% of my salary in penalty and avoid paying the thousand, $2,000 a year for insurance i don't think i need. so if they don't get it, i think the law is in deep trouble because it depends on young people buying in, at least these individual mandates do, at least the exchanges do so they can subsidize older and sicker people. and i would think the law's in very serious trouble if they don't get convinced to buy into this. jon: jamie, you're in that young person category. have you signed up for obamacare? >> well, i'm part of a company, thank god, that provides health

insurance. so these exchanges are for the 20% of the health care population that isn't covered by a company. so i wouldn't be part of that group, in essence. it's for, mainly, the young people who are not covered by a company that they work for. jon: all right. got that straightened out. jamie weinstein from "the daily caller" where they provide health care for you. >> absolutely. thank you. jenna: well, from washington, d.c. down to florida now, and "happening now" in the george zimmerman trial, closing arguments expected to begin at the top of the hour. the jury could start deliberating around this time tomorrow, some suggest, but between now and then police are not waiting until they see a verdict. it's a highly-charged case as we all know, there's lots of emotion on both sides, and law enforcement down in florida has a plan. rick is here with more. rick? >> reporter: well, jenna, police in florida and a lot of different communities of florida are gearing up just in case there are any problems once the zimmerman verdict is announced. in broward county, for

example -- which includes ft. lauderdale -- the sheriff's department meeting with local clergy keeping the lines of communication open and releasing this public service announcement. it's called raise your voice and not your hands. watch. >> law enforcement has your back. let's back up and not act up. deputies are with us, so no need to act up. >> let it roll off your shoulders. don't lack composure, because in one instance, it could be over. raise your voice, make a choice and not your hands. >> reporter: zimmerman is charged with second-degree murder in the shooting death of an unarmed 17-year-old black trairnlg named trayvon martin. zimmerman claims he acted in self-defense in the case, and the ongoing trial has sparked racial tensions. >> that maybe some type of riot might break out or, you know, things maybe stirred up a little bit, and either way that's the community, i think that's really

why at the broward sheriff's office we feel the need to bring the community together so that these people can really openly talk and be ready either way. >> reporter: the broward sheriff's office says that the department is trained for this, that everybody is ready in the event of any civil unrest. the jury, as you said, jenna, could begin deliberations by this time tomorrow. back to you. jenna: we'll continue to watch this case, rick. thank you. jon: there are some new developments to tell you about in the asiana airlines crash landing in san francisco. some crew members today returning home to south korea. this as we learn passengers did not begin fleeing the aircraft until a minute and a half or so after the fire erupted. the delay occurred as the pilot checked with the tower at the airport. listen to the coroner explain what investigators are now taking a look at. >> there's a lot of people that were involved in rescuing people. there was a lot of vehicles that were, you know, around the aircraft. there was a lot of personnel, so we want to make sure that, you

know, we look at everything. we'll look, like i said, at video evidence that is out there, the news helicopters that were up in the air early on getting some raw footage and taking a look at that. jon: two passengers, as you know, were killed, both of them 16-year-old chinese students. many others injured, some of them critically. jenna: well, speaking of injuries, in the meantime, there's new questions about safety measures aboard that flight as we learn many of the victims who are being treated for injuries are being treated for injuries associated with seat belts. a physician who treated crash patients says while they prevent people from being ejected out of their seats, seat belts cause injuries in the abdomen. restraints for pilots and flight attendants are commonly designed with a chest harness as you know if you've been on a plane before, you know, just one seat belt across your lap, so they're going to take a look at that now. jon: we are now awaiting what could turn into a very contentious confirmation hearing

for victoria nuland. the president tapping her to be assistant secretary of state, a promotion from her position as state department spokeswoman. the post she held during the benghazi terror attack. lawmakers are expected to question her about her role in shaping those now-infamous talking points. chief washington correspondent james rosen is live in our d.c. bureau. what lies ahead for ms. newland, james? >> reporter: jon, rand paul could prove a wildcard, but that aside, a republican staffer on the senate foreign relations committee tells few there will likely not be many, if any, hard punches thrown at today's confirmation hearing. the well-regarded career foreign service officer is a former adviser to vice president cheney and is married to one of washington's preeminent conservative foreign policy intellectuals. nonetheless, we are told nuland will have to the answer for her role in the crafting of the infamous talking points that were used to guide u.n. ambassador susan rice through

her appearance on the sunday shows of september 16 when rice pressed the false narrative that the benghazi attacks were not premeditated acts of terrorism but resulted from a spontaneous protest that went awry. >> what ambassador rice has publicly disclosed, does the united states government regard what happened in benghazi as a, an act of terror? >> again, i'm not going to put labels on this until we have a complete investigation. okay? >> reporter: so you don't regard it as an act of terrorism? >> i don't think we know enough. i don't think we know enough. >> reporter: that was back on september 17, the day after rice spoke on the sunday shows. since then we've had the release of roughly 100 pages of e-mails back in may that showed that nuland was among those who just three days before that exchange with me had been apprised by the cia that the u.s. government knew that islamist terrorists with ties to al-qaeda had participated in the benghazi attack, and nuland was among those who succeeded in having

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jon: extreme weather slams ohio pounding that state with a round of violent storms, packing near-hurricane-force winds, heavy rain and hail. many areas already saturated from days of downpours, but all that water is not the only problem be as the 70 mile-an-hour winds knock down power lines, toppling rows of utility poles like dominoes. 100,000 folks left in the dark. trees also came crashing down making a mess of this baseball field, smashing the fence and the bleachers. debris scattered everywhere. so folks had a tough time getting around. >> we had market street, 53, miami street, a lot of the business routes were all shut down. it was kind of hard to get anywhere. we were getting calls from residents saying every route they were taking had limbs down. jon: the folks trying to clean up catching a bit of a break today with clear skies, finally, in the forecast. jenna: well, speaking of really wild weather, a troubling new report showing the vulnerabilities of our nation's

energy system. rick is taking a look at that report, and he's here with more. >> reporter: has to do with climate change, and i guess we should mention off the top if there are those who are skeptical of climate change and feel that a lot of the data this' put out there has been bloated a little bit, but this is a report from the department of energy, and it talks about the weather and the change that it's having and how it's already causing discan resumption to our country's -- disruption to our country's energy supply. the government report from the doe, the department of energy, says that it's likely to get worse as the weather gets more extreme like some of the storms we've been seeing, higher temperatures, more frequent droughts. and apparently the effects are already being felt. remember the massive blackouts and the power disruptions that were caused by superstorm sandy? those are mentioned in this report. in every corner of the country's energy infrastructure is vulnerable according to department of energy. oil wells, hydroelectric dams, even nuclear power plants. the report says that climate-related disasters have already cost the u.s. billions

of dollars, and the study says if something isn't done to update the problem, we could see that price tag go up. back to you. jenna: rick, thank you. jon: well, right now six greenpeace activists scaling london's chard tower. it is the tallest building in western europe. they're protesting drilling in the arctic by oil companies. greenpeace saying they chose the building because it looms over the london offices of royal dutch shell which has drilled in the arctic sea off alaska. we're told london's police are monitoring the situation. jenna: what else are they going to do, right? do you climb up after? jon: no, you just let them come down when they want to come down, i guess. jenna: in the meantime, we're keeping a close eye on the george zimmerman trial today as we wait for closing arguments to begin, and we expect them to begin in about an hour or so. new questions about charges and what's going on with this case and what the jury is going to have to consider. our legal panel weighs in next.

>> just when i thought this case couldn't get any more bizarre, the state is seeking third-degree murder based on child abuse? is the court going to give this any serious contention or consideration? because, if so, we have a lot of talking to do.

jenna: well, back to florida now where we're awaiting closing arguments to begin in the george zimmerman trial. then it's up to the jury to decide if he acted in self-defense when he killed trayvon martin. earlier the judge considered lesser charges, and here's a testy exchange between the judge and an attorney for mr. zimmerman. >> judge, this was a trick. doesn't the court realize this was a trick -- >> my intention right now is to get through the rest of the jury

instructions, because if we have any arguments about the others, i would like to get them resolved. we will come back to this one. >> the state is seeking this instruction as part of a larger scheme, another trick that the state is seeking -- >> okay, i don't want to hear the word trick anymore in regards to these arguments, please. >> all right. jenna: we admittedly will probably use the word trick in our conversation. jonna is with us, former president now defense attorney, and joe, a criminal defense attorney. before we launch into this, what that back and forth was about is this third-degree murder charge, jonna. we don't talk about third-degree murder. what is third-degree murder? >> third-degree felony murder in florida is the unintentional killing during the commission of a separate felony. and the outrageous part about this charge is the separate felony, according to the prosecution, is child abuse because trayvon martin was only 17 years old. not that george zimmerman had a clue how old trayvon martin was, but that's the basis for this

charge. i don't blame don west for being outraged, it's ridiculous. jenna: is it a trick, joe? a trick by the prosecution now at this late hour to introduce that? >> i don't know if it's a trick, but it's clearly a concession from the prosecution that they can't carry the burden with regards to the top charge. and quite frankly, i dare the prosecution to try and make that claim. it will require them to make concessions during their summation and will show weakness to the jury, and it's something that the defense can pounce all over. jenna: you think this is something that they had prepared with the thinking if it doesn't go well, jonna, then we're going to throw this in, or was this part of their plan since the beginning? when this first happened, there was talk about, you know, what are the charges going to be, and this was brought up, child abuse was brought up during that time. >> it is typical for the prosecution to want lesser-included offenses in the jury instructions, i get that: for my money, i think what the prosecution is trying to do is if they get it in, they're going to be able to hammer home to six

women -- five of whom are mothers -- that this was a 17-year-old, a kid, a kid, a kid was killed. they're going to get to do that where they might not otherwise get to exaggerate, if you will, bring to light that trayvon martin was only 17 years old. jenna: what would be the sort of punishment for that type of conviction, third-degree murder, if it was, indeed, that? >> with my understanding is it's a minimum of ten years in jail with a maximum of upwards of 30, i believe. jenna: the judge is going to rule on this. do you think she's going to allow it? >> she has come down on the side of the prosecution 95% of the time, so i'm a little worried that she's going to allow it, and i guess we won't know for a little while yet, because she hasn't made the ruling. jenna: she might come down on the side of the prosecution because the prosecution is right often when the defense is wrong. we've seen the back and forth, let me just play this sound bite. it talks about, again, an appeal to the judge about the defense, and this is her reaction at this point of the trial. >> you continually disagree with

this court every time i make a ruling. i have provided you on three separate occasions with the court's professional conduct in the courtroom and included in that is do not continue to argue with the court after we've ruled. if i have made a mistake in this case, you will appeal. if there is a conviction, it will get appealed to a higher court, and they can review it to determine whether or not i made a mistake. jenna: no holiday cards, they're not going to be celebrating together, but we're seeing that, right? the jury is not privy to all of this. they're privy to some of it. what do you think the effect on the trial overall? >> it's par for the course. if you don't have thick skin -- jenna: do judges talk to you that way too, joe? >> i'll admit to it. [laughter] i try to be a good boy, but, yes, i've been scolded a couple times. jenna: you're saying this is the public reacting a little bit to this but more or less this is the way it happens in court. >> without a doubt.

jenna: jonna, do you agree? maybe this is joe's experience. jonna, your experience? >> this judge seems to be wanting to spit fire at this particular defense attorney throughout this trial, so there's something there, and the jury will be instructed to the the -- not to take any cue from the judge if they happen to see that. jenna: what about the manslaughter charge? there's a lot of talk about it, allowing the manslaughter charge in. joe, if you would just walk us through what makes something manslaughter, and how is it relevant potentially in this case? >> essentially, what the prosecution will argue is that this crime happened by way of negligence which is very, very different than the top charge which requires a depraved mind. so i really, really believe that the prosecution is at a distinct disadvantage if they are going to argue these lesser-included offenses. it opens up the door for the defense who has a full day to prepare and the pick out the inconsistencies in the prosecution's summation to really hammer home the weaknesses in not only what the

prosecution opened on and what they're now arguing in their summation. jenna: jonna, can you include that as an option to the jury but in your closing argument still go for the murder charge? >> great question and, yes, absolutely. that's what i believe the closing argument on behalf of the people will be. this guy committed second-degree murder. but when they go back to deliberate, they are going to have other options, and i'm sure the prosecution will allow -- will speak to them during their closing arguments. but it gives the jury a chance to compromise which is very dangerous for the defense here. jenna: why is that? >> well, was if this were an all or nothing proposition, either convict him or second-degree murder or nothing, the defense would be in a much better position. what the defense should do is say, listen, self-defense is self-defense is self-defense. if you find that my client had a reasonable fear of great bodily injury or death, you don't have to consider second-degree, manslaughter or third-degree felony murder. you can forget those. jenna: would you stay focused on

that in your closing argument? is. >> without a doubt. we've all watched this trial, and we've seen the witnesses that have come forward. none of the prosecution witnesses have advanced any claim, and so as long as the defense sticks to the facts and is able to show that the prosecution has been weak throughout, it shouldn't be an issue. jenna: and stay out of the way of the judge as well. jonna, joe, nice to see you. thank you so much. we'll continue to wamp this. jon? jon: there are some serious and surprising new warnings about a popular dietary supplement, jenna. why it could be linked to an aggressive and sometimes fatal disease. a fox news medical a-teamer on what you need to know. plus, convicted sex b offenders, some of the worst of the worst, suing a former governor and other officials for their extended incarceration. we'll get to the bottom of what this is about. 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!

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jon: right now a look at some stories making headlines internationally. the death toll in a fiery rail crash in a quebec town now up to 50 as authorities say everyone missing is presumed dead. the head of the rail company saying an employee failed to properly set the brakes of that oil tanker train that derailed and exploded. at least 19 people are dead in western china in rampaging floods. they swept away bridges, roadways and homes. the flooding in china the worst in 50 years for some areas. more than 100,000 people forced to escape to higher ground.

and efforts to arm syria's rebels appear stalled in congress. senate intelligence of both the committees worry that some of these arms could fall into the wrong hands. the obama administration has authorized military aid to syria's rebel opposition. ♪ ♪ jenna: well, now a story out of new york state. convicted sex offenders are suing former new york state officials. their lawyers say their constitutional rights were violated, but authorities say they were just trying to protect the public. so those are the two sides. senior correspondent eric shawn is here with more on this. what is this all about? >> reporter: hey, jenna. wewell, they are some of the mot violent sexual predators accused of sexually abusing 5-year-olds. now they want $10 million. they're suing former new york governor george pataki over a 2005 government program that they say was designed to keep them off the streets but buzz

disbanded in 2006. well, the six served their prison time but say the program, the sexually violent predator initiative, violated their constitutional rights by confining them to psychiatric hospitals without a court hearing just before they were scheduled to get out of prison. the lawyers of pataki and the other defendants say the sex offenders were treated properly under the state's health law, and they were given the treatment they needed for their crimes. for example, lead plaintiff kenneth bailey, convicted of sodomizing a 9-year-old girl, and court papers say he admitted molesting 23 other young girl cans and sexually abusing even his own daughter. charles brooks, convicted of sexually abusing a 5-year-old girl. prosecutors say he used a knife and choked her. louis massey and robert warren convicted of sexual by abusing an 8-year-old girl. well, their lawyers say the men were illegally deprived of their freedom and that the officials acted maliciously by inflit b --

inflicting, quote, humiliation, pain and suffering, but the defendants' lawyers deny that. it is in federal court in manhattan. jenna: hard to feel sympathy, but the constitution is important as we know, eric, so what do the former government officials say about all of this? >> reporter: well, jenna, we did ask both sides for interviews, but the judge has asked them to not to comment at this time. fox news legal analyst peter johnson jr. says he thinks this case could set a dangerous precedent because it could hold public officials personally responsible for implementing public policy. >> this decision has the potential to chill terribly the state's ability to regulate how defendants are released, to regulate violent sexual predators and to regulate criminal justice matters in their own states. >> reporter: and, by the way, in just the last two months three of the plaintiffs have been charged with new crimes, two for burglary and one for

allegedly stabbing a man in a fight. jenna? jenna: we'll continue to watch this story for development, eric, thank you. jon: some serious warnings to men who use a popular dietary supplement. a new study finds that men with high levels of compounds found in fish oil seem to be at a greater risk for aggressive prostate cancer. joining us on the phone from new york city, one of the experts on prostate cancer, dr. david saw madty, he is a medical a-teamer and chair of urology at lennox hill hospital. doctor, what they found is that men who take a high level of fish oil, a lot of fish oil, tend to be more prone to prostate cancer. can you explain why? >> yes, jon. this was a big news that just came out and, of course, you know, the number of e-mails that are coming from all the patients and concerned the clientele is the uprising. so i think what's important for

people to know is that as we've said on sunday house call that the more is not merrier, and taking too much vitamin can change some of the physiology in the body. we don't exactly know what the mechanism is or how this vitamin really can cause cancer, whether it's interfering with the immune system or whether it's exchanging inflammatory cells. but the bottom line is and i've always said if you have a balanced diet and you are getting a natural -- [inaudible] from your food, you don't need to really take so many vitamins. what we're finding out from this study even though it doesn't show a real cause and effect, it's only showing an association, and i don't want people to panic. we need to look at this seriously. further studies are necessary to find out the effect of these omega 3 fatty acids in prostate cancer, but there's a dose -- [inaudible] and anything more than that it may have some side effects, and that's what people need to know. not to really take these without

doctor advice. vitamins should be considered also as a drug, you should have blood test thes to see if you're getting enough, and more than that is not healthy. jon: obviously, people take it if maybe they don't eat a lot of fish, but what about people who do eat a lot of fish? are they at the same risk, do you know? >> interesting question because if you're taking more than 3-4 portions of salmon and other fish during the week, you're just getting enough, and you don't need any more. certainly, one or two is more than enough. but if on top of it you're taking even more vitamins, that's when you can get into trouble. obviously, this is a small study, it's short term. we need more research about this to really tell us exactly what the effect of this is. my advice to people is get your one or two portions of salmon a week, and that's enough. if you have to take more because of the risk of stroke or heart disease, talk to your doctor. let them get the blood test and

don't take these on your own. this is becoming the vitamins world is becoming a hollywood fashion. everybody's taking it, so your neighbors are taking it, and i'm going to do it. that's dangerous. we don't want people to do that. having said that, i still think that omega 3 fatty acids has a lot of benefits when it comes to preventing stroke, heart disease and everything we've said over the years still stands. in this particular case, just like vitamin e that came out a few months ago that it can increase the risk of prostate cancer, you have to be careful. if you have a family history of prostate cancer, if you have elevated psa, for the time being i would not take any more of these until you speak to your doctor. jon: all right. speaking to the doctor always important. really an interesting study. doctor, good to have your expertise. that pennsylvania a lot to consider there. jon: yeah. i take fish oil once in a while. i heard it was a good thing. jenna: that's what the doctor said, fish oil's the best thing ever.

jon: but they say it can lead to higher incidents of prostate cancer. jenna: maybe just in general traching too much of a -- taking too much of a good thing. in the meantime, one of the big stories is this plane crash still in san francisco. the two people who died in that crash were sitting near the back of the plane. but next we're going to explain why despite this experts still say the rear of a jet remains the safest place to be when a plane crashes. plus, you may not trust your college kids to take out the garbage -- look at jon -- or clean their rooms. jon: no. jenna: either of those things? you might want to trust your college student with the lives of hundreds of people. jon: really? jenna: a study took a look at college students and our intelligence agents and found a very interesting result. a fascinating study, the doc that did it next. ♪ ♪ hey, the new guy is loaded with protein!

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>> now here is go to really think about today. who would you trust with the lives of hundreds of people? federal intelligence agents or college students? our next guest put both sides to the test. her name is valerie and she's a psychologist at cornell university doing research there and the good professor joins us now with a lesson today for all of us. so professor, just tell us a little bit why you choose to take a look at this and what essentially were you trying to see? >> well, i think obviously intelligence agents have our lives in their hands. i was also interested in basic questions about human

rationality. when do people take risks? do they do so in a way that makes sense? >> so what did your study -- what kind of questions did your study ask? >> the study involves a series of choices between sure or safe options versus gamble and what it showed was that college students would be risk avoiding when you frame the same outcomes in terms of gains or like lives saved but then you frame them in terms of lives lost. that's the same situation. but just changing the wording superficially caused people to shift. they were even more irrational in the sense that they shifted even more in terms of risk avoiding for gains and risk

seeking for losses. >> it's surprising. when you think about, you know, irrationality and the types of effects it could have in college and why do you think, first of all, both sides were a little irrational and that the federal agents seemed more irrational than the college students? >> well, even though this effect is surprising based on conventional wisdom, experts would say they would be better, more experienced in terms of risk taking. so i think most theorys and conventional wisdom would predict the opposite results but we have a theory called fuzzy trace theory. it's a theory of how real people make decisions and that suggests you take meaning and context more into account so you're more biased in certain kinds of context but that's about interpreting the information rather than thinking literally. >> basically we balance as we

grow up or still growing up, obviously, through all of this process that you're seeing with the study, we're taking a look at things analytically but we also have a gut check when it comes to decision making and as we get older, we get more jaded based on life experience and how we're making our decisions. does that sort of sum up what you're finding? >> that sort of does. i would -- instead of jaded, i would call it insightful intuition. >> that's better. >> i think we get better insight and it's interesting because this is the kind of intelligence that intelligence agents should have. they really should be able to interpret the facts, not go beyond the figures and the formulas and interpret the facts. this is -- iron i canally this is a god -- good thing. >> we're fascinating seeing your study but how does this make you feel just in general about, you know, the people in leadership positions that are making some crucial decisions? do you feel like you have less trust of the quote, unquote,

system or how do you -- what's your personal take away from your work? >> well, you know, i see naturally because i study risk making, i see the revelance to very important life and death decisions and what worries me the most, probably, is the absence of scientific research and the very high stakes decisions. when we're talking about issues like national security, are the human side of things, the human intelligence agencies, these are potential vulnerability, obviously. if we really don't think rationally and don't make the best of the information that is so hard to get, you know, that puts us all at risk and i want to do something about combroufing that. >> yeah. like what? what would you do? >> well, i think we need to followup studies like this and to get at the how do you develop insight. you know, it's more than just years of experience, although years of experience does correlate with this particular effect. but what about the experiences? how do you develop these kinds

of meaningful insights and inferences about other cultures, about very complex scenarios involving a lot of uncertainty and danger? we really need to understand that better so that we can train intelligence agents better and we need that to be based on scientific facts, not on speculation and opinion. >> very interesting. decision making is the core. who is making the decisions, how they're making the decisions is the core to so many of our news stories so it's really interesting to take a look at this study, professor, and we appreciate the time, you coming on to talk about it. we look forward to having you back. thank you so much. >> thank you. bye-bye. >> we are minutes away now from closing arguments in the george zimmerman trial in florida. we'll show you how the final outcome of this case may be decided by the fight unfolding in court this morning. and circling around the fire pit has become a symbol of california beach life but the tradition might be coming to an end if some environmental activists have their way.

>> just seems a little silly to want to take away -- just keeping everybody out of trouble, we're just out here having fun, hanging out, not doing anything bad. like there's so many other ways we can protect the environment. this just doesn't seem like a very good one. anyone have occasional constipation, diarrhea, gas, bloating? yes! one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. live the regular life. phillips'. ... ... ... ...

>> just a little context for you. despite all the news about airline crashes, flying is still among the safest ways to travel. sitting in the back of the plane increases your chance of survival. the rear is the safest spot according to data on commercial jet crashes. according to statistics your chance of dying in a plain crash in your lifetime are 11 million to one. jon knows i'm a scaredy cat when it comes to flying and sitting in the back of the plane is where you get the most turbulence. just something to consider. >> more stability over the

wings. >> when you're picking krur seat. >> yeah. decades long tradition. tradition of fire pits, beach fire pits specifically, could be a thing of the past. california board is set to vote on whether to ban them up and down the coast. william? >> jon, i just lost them. what is affordable fun for thousands in southern california is filthy to air quality officials who say that burning wood, whether it's a fireplace in fargo or a beach in los angeles, it's unhealthy and contributes to global warming. >> i would feel really bad not to be able to come to the beach and have a bonfire anymore. >> that's what air police propose, banning beach fires because burning wood pollutes the air. >> one fire pit for burning one

night a few hours, a couple of bundles a wood, emits as much as one average diesel truck on the road today driving over 500 miles. >> bonfire pits allow thousands from san diego to los angeles to enjoy marshmallows, roaring fire and crashing waves but air monitors tell a hidden story. >> this is the type of instrument we have at the beach area measuring particulate matter. >> closing the doors and windows doesn't really make a difference. the microscopic particles that are coming in from burning the bio mass are doing damage to me, my family, my children. >> i'm not like polluting the earth. i don't leave trash all over the place and stuff. >> it may not be the greatest thing for this guy but what happens when we put out all the fires at the beach? what next? >> bonfire supporters say the fire pits cause a fraction of the pollution of, say, leaf blowers that california refused to ban. still officials say the region's

air needs all the help it can get. >> any reduction, any amount of wood burned or the proximity to people breathing the wood smoke is going to have a health benefit. >> so obviously from a global perspective, this is a drop in the bucket, a drop in the ocean and compared to, say, wood fires in india or coal fire plants in china, this is a luxury, they say, not a necessity. nevertheless, jon, a compromise was reached that pits will be banned, 700 feet nearest residents and secondly, no fire burning days when the air is already unhealthful. that should come tomorrow. back to you. >> but your fire is legal there, the one you've got lit up right now in front of you. >> for the time being, we're good. >> good to know. bring us some marshmallows. william, thanks. >> closing arguments are set to begin in the george zimmerman trial after the judge says she will allow jurors to consider

lesser charges than the second degree murder. the outcome this could have in the highly charged case next.

>> growing up in san francisco dubuild bon fours on the beach. >> i don't think we were allowed to. apparently we can't anymore. >> thanks for joining us, everybody. >> america lives starts right now. >> fox news alert for you out of florida. we are expecting closing argument in the george zimmerman murder trial to begin shortly. but first getting you up to speed on major events that occurred that could determine the final outcome of the case. good morning, everybody. i am allison came rot in for megyn kelliy. prosecutors asked the judge to le