for -- up for a shot at the $425 million jackpot. biggest jackpot ever, $656 million. i read that very fast because we were out of time. heather: we're done. nice being here. bill: see you tomorrow? five a.m.? heather: no. bill: oh! heather: but "happening now" starts now. bill: bye-bye. jenna: right now brand new stories and breaking news. greg greg as the search for justice intensifies for four americans murdered in an ambush in benghazi. for the first time, the u.s. government filing criminal charges in the terror attacks last september 11th. ambassador john bolton weighs in on the breaking developments. prosecutors cannot charge her with murder after a former boss gunned down her husband, but they do think she played a role in all of that, and they say they just caught her in a big lie. the latest twist in the andrea snyderman trial. and big news out of

hollywood, oscar winner dustin hoffman takes action after a health scare. it's all "happening now." ♪ ♪ gregg: and "happening now," criminal charges filed in the benghazi terror attacks. hello, everyone, i'm gregg jarrett in for jon scott. jenna: hi, even, i'm jenna lee, and this move marks the first tangible step in network's effort -- america's effort to bring to justice those responsible for the attack which happened last september 11th. ambassador christopher stevens and three other americans were murdered that day. the charges are sealed at this time, but we know several suspects are included, and we're told one of them is the founder of libya's islamist militia,al sharia. right now no one has been arrested. steve centanni's live in washington on this top story. the charges are sealed, but what do we know about them? >> reporter: very little is known at this point.

the indictment has been issues, we don't know exactly what the charges are, we also don't know exactly who is being named, though we have some idea. but this is the first criminal indictment in the aftermath of the attack on the u.s. consulate in benghazi, an attack, as you mentioned, that left four americans dead. a u.s. official confirmed the indictment while the justice department, on the record, is only saying that the investigation is ongoing and remains a top priority. now, some say it hadn't been a top priority, and the indictments don't go far enough. >> the real question is, is the government committed, is president obama committed to capture and kill these people? at this point almost 11 months afterwards, it doesn't appear so. >> reporter: now, we don't know if the three suspects originally identified by the fbi are, indeed, among the ones indicted. in an interview conducted with fox last year, one of them said he was at the scene of the attack that night, but he denies being a ringleader of the attack

on the consulate as others have claimed. jenna: his name has come up repeatedly as you mentioned, steve. this news is not even 24 hours old. within the last 24 hours, the president appeared on jay leno. did he have anything specifically to say about benghazi? >> reporter: yeah, he did. he was asked whether his response to the latest terrorist threat was an overreaction because of the tragic events in benghazi. >> one thing i've tried to do as president is not overreact. you know, but make sure that as much as possible the american people understand that there are genuine risks out there. >> reporter: now, the indictment comes just days after members of congress put new pressure on the incoming fbi director, james comey, to accelerate the benghazi investigation. jenna? jenna: timing is a factor here, we're not quite sure how, but we'll continue to keep reporting on it, steve. thank you very much. gregg: breaking now, a major airport closed for hours, and a

section of its arrivals area destroyed after a massive fire. take a look at the scene in nairobi. kenya's capital city is home to one of east africa's important transportation hubs. we're told the fire began in the morning, the time of day, of course, when many flights from europe were scheduled to arrive. there is no word of any serious injuries. late today -- their time, of course -- the airport's reopened to domestic and cargo flights. now, this fire comes 15 years to the day after al-qaeda terrorists bombed our embassies in kenya and neighboring tanzania. that coordinated set of attacks killed more than 200 people in 1998. twelve of them americans. kenya's anti-terror chief reportedly said that further investigation is needed now before any conclusions can be made about whether terrorism played a role in today's fire, but our own david lee miller was

in kenya to cover the devastation in the immediate aftermath of that terror attack in nairobi, and he joins us now. you know, hearing about all of this, i suppose, especially all of the embassy closings brings back some memories? >> indeed, it does. you know, it seems like so much has changed, yet so much is still the same. youngsjuxtapose benghazi with wt happened 15 years ago in africa. an investigation by congress concluded, gregg, that it was a massive intelligence failure, an intelligence failure on so many levels. there were clues dating as far back as 1997 that something was up. the information was not specific, nothing was acted upon. so when i got there shortly after the attacks took place, the devastation was nothing less than horrific. take a look at this brief clip, this is from 15 years ago outside what was left of the embassy in kenya. here we go. it is impossible to imagine what life might be like for someone

trapped under tons of rubble now for more than 48 hours. but if there is a chance no matter how remote someone might still be alive, rescuers say they will not give up. as for the investigation, it is still not clear what group might be responsible for the attack. that was 48 hours, gregg, 48 hours after the attack. no clue. this was before usama bin laden was a household name. the investigation concluded the u.s. simply wasn't equipped to investigate someone described as a transnational like usama bin laden. and lastly, i should say that the u.s. ambassador at that embassy wrote washington to say that it was extremely vulnerable, her request essentially ignored. washington said the threat level was describe canned as -- gregg: just like the warnings christopher stevens gave to washington in advance of the benghazi attack which invites the question, i mean, what lessons have been learned after 15 years? >> well, if you go back 15 years

ago, the budget for embassy defenses, about $200 million. today the state department is requesting about $1.6 billion. and, yes, there were lessons learned, there were changes made. some dramatic improvements in the perimeters, they installed blast walls, they also added more staff, different types of checkpoints. but at the end of the day, it still seems that u.s. properties, our embassies, consulates and missions overseas, are still vulnerable because of the very fact, gregg, that a number of them simply had to be shut down. what does that tell you? gregg: indeed. david lee miller, david, thanks very much. jenna? jenna: right now we're going to turn to another big story today. day two in the court-martial of major nidal hasan just now getting underway. he's the army psychiatrist accused of killing 13 people in a shooting rampage at fort hood. casey steegal's live with the latest on this, so let's talk about what's happening today. who's on the witness stand?

>> reporter: well, jenna, we were hoping we would have a witness on the stand by the time we got on the air with you, but things got started about 45 minutes late today, and when i was in the overflow courtroom, we learned that was from the judge. she came out and said that she had a motion to modify hasan's role of stand-by counsel. she said it was forced upon the court late last night and this morning u so she had to consider it, and that was one of the reasons why they got started late. remember, hasan essentially decided he wanted to act as his own lawyer, but the court wanted to make sure that he had the stand-by counsel, the stand-by defense team at his side since he is not a trained lawyer to help him through procedural matters and the like. hasan feels as though he's getting a little too much help, and he's asking they play more of a stand-by role as defined by the court. so once they get this matter cleared up, they're going to have witnesses taking the stand, no doubt another day of most

likely emotional testimony as we heard from a witness yesterday who was shot seven times and also a woman who made a dramatic 911 caid and cowered under her desk as this rampage happened at the medical facility not far from where i am on post, jenna. jenna: emotional, indeed. and we knew, casey, that it was going to get comply candidated with hasan wanting to -- complicated with hasan wanting to represent himself. in the meantime, fox news is receiving correspondence from hasan, casey. can you tell us about that? >> reporter: exclusive information thanks to my intrepid colleagues, my producer and my correspondent catherine herridge from deese, basically hasan himself has been requesting through a different lawyer, one that is sort of handling sort of the civil stuff, civil matters for him, he's requested that that lawyer e-mail fox news channel exclusively some documents. these are documents from a 49-page report that was done back in december of 2010 by a

three-person panel to basically decide whether or not he was even competent or not to stand trial. and the latest page of that document that has been vetted again by fox news channel and my colleagues is that apparently he initially considered driving to the deployment center at fort benning which is in georgia and carrying out a shooting there. prior to his deployment leave to virginia and shooting soldiers, he decided against that idea because apparently he did not want to get caught in unknown territory with weapons and ammunition in his car. the report goes on to say that he ultimately settled on the facility here at fort hood because he was familiar with it. he had been here before. so very interesting information as fox news channel is getting this exclusive information from the accused himself through his attorney, jenna. jenna: some great team reporting there, casey, back to you as news develops throughout the day. thank you very much. gregg: and right now, of course, congress on break amid growing

unrest over the soon-to-be-implemented health care law. it is now four years since thousands raucous town hall meetings across america. when lawmakers went home to talk about the health care reform plan. now, back then emotions were really boiling over. fast forward now with enrollment in the health insurance exchanges set to begin october 1st, lawmakers once again heading home, town hall meetings and finding some renewed sense of outrage there, and the reason is simple to explain. there it is, the latest fox poll number finding 53% of registered voters think the law should be repealed, 40% say keep it. joe trippi managed howard dean's presidential campaign, he is a fox news contributor, he's with us today. good to see you. every poll, it's not just ours, but every poll shows it's unpopular, and it probably will only gain more unpopularity as the implementation moves forward because there's so many problems associated with it.

will democrats pay a serious political cost for that in the midterm elections upcoming? >> it's still unclear. be currently, yes, they would be. but the other thing that's showing up in the polls, in fact, american crossroads just ran a poll that showed that 64% of the american people do not want the budget to be held up -- gregg: right. so republicans have to be careful not to hold the budget hostage. >> they don't want to hold the budget hostage which is what they're getting -- i mean, a lot of people in these town hall meetings are saying hold the budget hostage, because that's where the stronger ire is. there's going to be a play here in november of 2014 clearly. but right now i'd say, yeah, a problem on both sides. gregg: here's why people are getting so upset, and we'll put it up on the screen. here is a policy cancellation set by aetna. i spoke to the gentleman who received it. it makes clear that it's because

of obamacare, and he is absolutely outraged. he paid his policy premiums for 25 years, never made a claim by the way, now it's canceled, now he's got to go get something else, and he actually is a doctor, and he said i've looked at it, it's horrible. and he is angry at obama and democrats. >> but that is, that's the cost that democrats will pay for in 2014 if that continues. in other words, look, everybody in the country knows that republicans hate obamacare. they've tried to repeal it 40 times, they've made their point. so if these are the bad outs comes -- outcomes -- gregg: the president promised you could keep your coverage. >> right. if that continues and the republicans lay, just let it happen -- again, if the republican charges are correct and they continue and they let it happen, then it's going to hurt democrats in 2014. if republicans try to continue to repeal it and, worse, hold

the budget hostage, then i wonder about 2014. are we sort of back to where newt gingrich and the republicans were before? gregg: the other promise in addition to you can keep your coverage and, again, policy cancellation 60,000 so far, is that, you know, this is going to hold down costs and, n., your premiums are going to go down. maybe in new york and california, aberrations, but the officials in florida, up 35%. ohio premiums will go up 41%, indiana, 72%. i've got a long list here all the way to nevada, 101% increase. again, sort of another broken promise that your premiums are going to go down. >> again, it's called obamacare. the republicans did a very good job of sticking that name on it, and obama embraced it. and so if these -- i'm with you. if these increases go up like this, everybody's going to know in 2014, then the democrats really do pay a price. gregg: and republicans could win the senate. >> potentially, yes. again, unless there's a budget

debacle that looks like it's the republicans -- gregg: so it's in their hands. >> again, the same thing. gregg: joe trippi, great to see you. thank you so much. and we'll be right back, don't who go away. [ male announcer ] in your lifetime,

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gregg: right now new information on some crime stories we're watching. new testimony getting underway in the trial of a texas mother accused of trying to kill her former fiance. prosecutors claim vicki renee miller enlisted her son and his friend to try to strangle the man after he broke up with her. the house where ariel castro held three young women captive over the course of a decade torn down today. castro was forced to hand over the deed to the home. and more than 65 years after she vanished, investigators think they may have located the body of 8-year-old georgia jean weckler. they are digging up an empty lot in wisconsin after getting a tip

that her remains may be buried there. jenna: well, now to growing concerns in the global war on terror after this news today, the white house is saying it has no plans to go back on its decision to hand over dozens of guantanamo bay detainees to authorities in yemen. this despite the elevated terror alert in the region right now. our national security correspondent jennifer griffin is live from the pentagon with the latest. what else are you hearing from the white house on this topic? >> reporter: well, jenna, yesterday the state department was asked about whether the president would be reconsidering that announcement that he made in may at the national defense university in the speech that he gave there in which he talked about reversing what had been a moratorium on the release of yemeni prisoners from gitmo back to yemen, prisoners that had been cleared. and what we understand is that the white house and the president still plan to lift that moratorium and how those

detainees from get mow to go back to yemen -- gitmo to go back to yemen despite what's going on right now. >> today i once again call on congress to lift the restrictions on detainee transfers from gitmo. i am lifting the moratorium on detainee transfers to yemen so we can review them on a case by case basis. >> i think it reflects changes in yemen. >> reporter: that was jay carney after the president met with the yemeni president on august 1st, jenna. jenna: what about the detainees already released, what have we seen them do after their release? >> reporter: well, what's interesting, jenna, is the genesis for this aqap that we've heard so much about in recent days really goes back to a prison break in yemen in february of 2006. that's when bin laden's secretary and whose recent communications with zawahiri

spurred the closure of 19 embassies, he and 23 suspects tunneled their way out of a maximum security president in sana'a. they then popped up in a mosque and teamed up in 2009 with two very high profile gitmo detainees who had been released to saudi arabia from guantanamo bay. here's expert gregory johnson. >> a handful of former detainees, primarily saudi citizens, made their way into yemen, and they joined al-qaeda in yemen. and it was that merger between people, former guantanamo bay detainees from saudi arabia and the al-qaeda escapees in yemen, that really formed al-qaeda in the arabian peninsula, the group that came to, that announced itself in january of 2009. and that's the group that we know today as al-qaeda in the arabian peninsula. >> reporter: that's what makes this decision by the white house so interesting in terms of lifting the moratorium to return

gitmo detainees to yemen in the coming months. jenna: jennifer griffin, thank you. gregg: new reaction to the charges filed in the benghazi terror attack. ambassador john bolton will join us next. ♪ ♪ so... [ gasps ]

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gregg: this just in, an airport in thad temporarily shut down after authorities say a boeing 737 skidded off the runway getting stuck in muddy soil. nobody was injured in this. this as we're getting new information on a spate of plane mishaps lately. investigators say the pilots of a southwest airplane that slammed down nose first at laguardia's airport switched commands just before the crash. the ntsb investigators say they haven't found any evidence of mechanical failure on flight 345 during last month's accident.

nine people suffered minor injuries. asiana airlines confirming it will change the number of its flights between seoul and san francisco in the wake of last month's deadly crash. three people were killed, more than 180 injured when flight 214 clipped a seawall and slammed into the runway. the new number now will be 212. and a south korean passenger jet overran the landing strip while arriving at an airport in japan. the boeing 737 coming to a halt on a grassy area just beyond the runway. nobody was injured. jenna: well, back to one of our top stories, some new information on the benghazi terror attacks. the justice department filing sealed charges against several suspects. the move marking the first american tangible response to the attack nearly a year after it happened. it was last september 11th when four americans were murdered, including ambassador christopher stevens. we're told one of those now charged in the attack is the

founder of libya's islamist militia. his name, ahmed ab beautiful caal la. he was seen at the compound that night but he is reportedly denying any involvement. despite the charges, still no arrests have been made. ambassador john bolton is a former u.s. ambassador to the u.n. and a fox news contributor. ambassador, let's start wit las. why, despite these charges, have no arrests been made? >> well, i think it goes to the heart of the question why this criminal law approach to the attack on benghazi so inadequate. i'm glad the charges are filed, but that fact alone doesn't do a thing really to demonstrate american resolve. i don't think anybody doubted we could indict somebody as the saying goes, you know, if you take something to a grand jury, you can indict ham sandwich. the real issue is what you're going to do to the people who carried out the attack. and i'm sure that the terrorists who did this are no more worried

about this indictment than they were about statements from the white house about bringing them to justice. i think it reflects the inadequacy of treating attacks by terrorists as criminal events rather than acts of war. jenna: let's talk a little bit about the policy response that you mentioned. we have some facts to present to our viewers. benghazi, september 11th. we have four americans murdered. we know it's a terror attack, we know this name has come up before, he was the one drinking a strawberry frappe with "the new york times" journalist just weeks after the event. that's what we know. now we have charges filed, supposedly against him. in yemen, though, this is interesting because we're talking a lot about yemen these days. we mow that there's alleged terrorists on the ground in yemen. so far they haven't murdered anybody on the ground there. yet we're hearing repeatedly about drone strikes that are taking these terrorists out. so why the different response? >> well, i think it's very plain

especially given the similarity of the threat information or at least the u.s. response to it to be worried about embassies and consulates in the broader middle east coming under attack. and, you know, the inconsistency, i think, is, should give us cause for concern because it once again sends the signal that the united states' capabilities to protect itself are so weak. i don't think anybody can seriously argue given the threat we saw in yemen that there was anything to do prudently other than close down. but the real question is why? why is the al-qaeda terrorist threat still so robust that we see this menace? why don't we have more steps undertaken to prevent the threat from spreading? and those are the real policy questions that ought to be addressed both in light of benghazi and with what's happening in yemen today. the administration's antiterror policy is failing. jenna: but here's what members of the administration might say if they were part of this conversation.

they'd say, listen, we have great support in yemen from the government there. we have for a long time. libya, we don't have the same support. this is post-gadhafi, the government's a little bit of a mess and, quite frankly, we're not sure about our partnerships there. what about that? >> well, i think if we had such great support from the government of yemen, we wouldn't have had to evacuate our people. it is the responsibility of the host government in the first instance to provide security. and i think its concerning, frankly, that government security forces are infiltrated by al-qaeda that leads us not to be so sure that we could keep our people there safe. so i think that attempt at distinct fails. jenna: real quick, ambassador, i only have about 30 seconds, what are you watching for next when it comes to the benghazi affair? >> well, i wish it would be retaliation against the people who carried out the attack, but i honestly don't see it coming. i don't think the administration thinks we should treat it as an act of war or that we're in a

war against terrorism. after all, they think the war on terrorism is essentially over. jenna: the repercussions of our actions in libya, in benghazi is something we're going to be talking about with brett stephens next hour from the wall street journal. ambassador, always great to have you. >> thank you, jenna. gregg: even our own greg talcott has interviewed alaska med. journalists have him on speed dial, and yet the government can't seem the nab him. jenna: we don't know if the charges are filed against him. that's what sources are tells us. we also don't know what the charges are, so we would assume, you know, it's the murder of americans, but we actually don't know that. gregg: under seal, yeah, yeah. all right. who can forget the devastation unfolding on television here in the united states? twin natural disasters striking japan back in 2011. devastating nuclear power plants. and now we're learning just how much contaminated water those plants are still leaking into the pacific ocean every day. and his fate now squarely in the hands of a jury.

any moment now a verdict coming down in the whitey bulger trial. our legal experts weigh in on the possible outcomes and the question that jurors sent to the judge. ♪ ♪ uh-oh! guess what day it is?? guess what day it is! huh...anybody? julie! hey...guess what day it is?? ah come on, i know you can hear me. mike mike mike mike mike... what day is it mike? ha ha ha ha ha ha! leslie, guess what today is? it's hump day. whoot whoot! ronny, how happy are folks who save hundreds of dollars switching to geico? i'd say happier than a camel on wednesday. hump day!!! yay!! get happy. get geico. fifteen minutes could save you fifteen percent or more.

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gang rer. the jury is deliberating in whitey bulger trial. he's accused of 19 murders and faces dozens of charges. bulger's story inspired the hit movie "the departed" and now after a 36-day trial, jurors are weighing the options of guilty, not guilty or deadlock. good to see you both. >> thank you. gregg: so jurors sent out a note saying, your honor, does the statute of limitations apply to any of that? that's a question of law for the judge, not a question of fact for the jurors so the judge is going to tell them what? >> the judge is going to say what we charged you is what the charge is. the judge will reread the charges that they were read yesterday, prior to their deliberations. and they'll say, worry about the facts as it applies to the law as we determine. nothing that was beyond the statute of limitations would have been included in the trial. so yeah, i think the jury --

gregg: in fact, i think it's stipulated by both sides the statute of limitations had not run so -- now, 19 murders, dozens of other charges. i wrote them down, extortion, drugs, money laundering, racketeering so the list goes on and on. >> cases are complicated cases. you have to -- the charges, the jury instruction was two hours in and of itself. you're looking at all of these charges and they want only have to five the five elements of rico but look at the underlying acts as well. gregg: you have to have two predicate charges to have the racketeering charges. >> right. so it will take time to sort through them one by one. gregg: what's interesting, rebecca, is that the defense, not only did they admit that bulger was the head of this huge criminal organization, they admitted at least two of the underlying acts that are necessary, drug dealing and extortion to rico, dead bang

guilty on that, right? >> that was part of their strategy. i assume it came from mr. bulger himself. he wanted a certain strategy for his defense. i think he knew he was dead right on some of these charges so they admitted that up front because his concern seems to have been the killing of women, children and this heroin instance. there's a big issue about how he didn't want people to think he introduced heroin to south boston. gregg: it's an interesting defend. the robin hood defense. i didn't kill widows and i did help with drug money but it was not heroin. >> he's concerned about his reputation, maybe because of the fact he knows he's going to prison and he's worried about his reputation in prison. gregg: is there a way he can escape with a stealth juror? >> if you're a skilled attorney, you do your best to try to get rid of those people early on. gregg: and we have to worry

about payoffs, too. it's happened in mob cases. i think it hopped -- happened in a john ghadi case. money exchanged hands, maybe? >> i think you also worry that jurors get on the case to write a book. they want to cash in. they may know a little more than they said they knew. these are concerns you have as a defense attorney and as a prosecutor. gregg: there's a standard jury instruction, don't hold it against the accused that he didn't take the witness stand, bulger didn't. but i think invariably jurors do consciously or sub consciously. they yearn to hear from the lips of the accused, i didn't do it. what do you think? >> i think they're curious but i really do think when that instruction is given in most cases, jurors don't hold it against the defendant and say look at the evidence. they understand the importance of these trials. a lot of people died, numerous counts of murder involved here. i think they actually take that

instruction seriously. you and i probably dis agreagr that. >> we do but thank you so much. you'll be back here the next hour and we'll talk about another important case. jenna: we look forward to that. in the meantime, a shocking announcement. hoffman is now revealing his health and how he's doing today. she's a south carolina wife and mother looking to jump into politics. we'll speak live with senate candidate nancy mays about her challenge to lindsey graham and why she felt compelled to do so next. [ male announcer ] nobody knows where or when

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jenna: a dad makes a desperate plea to free his missing daughter after police find the girl's mother and possibly her brother dead. we'll tell you the latest on that. if you're losing sleep, you may be gaining something else you don't want. an author shows a link between

weight loss and weight gain. you'll want to stay tuned for that. concerns over the security of your medical information. undered new health care law. a live report on this serious threat or is it, to your personal privacy? gregg: and a bomb shell announcement from dustin hoff n hoffman. he was successfully treated for cancer. now, according to his publicist, the disease was detected early and was, quote, surgically cured. it's not clear what kind of cancer it was. hoffman says he feels great and is now in good health. >> in my home town, i'm announcing my candidacy for the united states senate of south carolina. jenna: a republican nancy may is throwing her hat in a heated race for south carolina's senate seat. a position currently occupied by long-term senator lindsey graham but mace is the daughter of a retired army brigadier general

and the first woman to graduate from the citadel and she's joining us now. nancy mace, republican for the nomination of the u.s. senate in south carolina. nice to have you on the program. >> thanks for having me and good morning. jenna: you know better than most, there's lots of ways to serve your community. why do you want to get involved in politics? >> well, i look at what's happening in the country today. i look at a lot of these scandals, whether it's the i.r.s. or the n.s.a. or the department of justice or benghazi, and i'm frustrated e.ke a lot of people in south and i think, you know, washington is out of touch. they think they know better than we do. and i haven't lost hope and i don't think south carolina has, either. we have a rich history of sending conservative leaders like senator de mint to washington and i want to restore that tradition. jenna: lindsey graham has been the senator in your state since

2002. he served in the military as well as your family has and he's been in front of a lot of issues, including benghazi. what don't you like about him? >> i look at this being sort of a big picture. it's not necessarily one man or one senator but i look at these issues and i say to myself, can we trust this government? whether it's with our health care or our taxes or our personal phone and email records. and he's on the other side of that argument. i look at most recently obamacare, for instance. that's just one of many issues. and there's an effort in d.c. today to defund obamacare and i think we should repeal it. but senator graham said that that effort to defund obamacare was a bridge too far and i strongly disagree. jenna: that's just one issue >> that's one of several. there's the n.s.a. and the bailouts. jenna: if i could, you mentioned senator de mint who is the head

of the heritage foundation and mentioned a few other tea party movement members, if you will, rand paul and mike lee in your announcement to run for the senate seat. the criticism is that it adds to the gridlock in washington, d.c. critics of senator graham say, as you had, that maybe he's too quick to reach across the aisle. is there an issue where you see that you could maintain some of the tea party movement roots and some of what you stand for but also reach across the aisle and work with democrats? what would that be? >> well, i don't know that there's any particular issue that you could do that on. if you're going to reach across the aisle, you still have to stay principled on who you are and that's what ronald reagan did. and so i want to go up there and join senators rand paul and mike lee and be part of the caucus. that's the leadership we have that's guiding the conservative movement and that's the

direction of the republican party right now. so too often we start off in the middle or too far to the left to try to negotiate. we need to be very firm in our principles on the issues facing this country that are most important. jenna: it's nice to have you on the program as with you mentioned. it's great to see a new face and we'll continue our conversation over the next several months. 2014 is a ways away but also just around the corner. depends on how you look at it. >> right. jenna: thank you for coming on. >> thank you for having me. jenna: thank you. gregg: testimony is underway right now in the trial of a georgia widow accused of lying under oath about her husband's murder. what her father-in-law said on the witness stand that contradicts andrea snyderman's past testimony.

jenna: testimony is underway in the andrea snyderman trial. she's the georgia widow accused of lying under oath about the death of her husband. he was shot and killed in 2010 by her former boss. yesterday rusty's father testified, telling the court about the day andrea called him with the terrible news about his son. >> her voice was very high pitched and she said that rusty had been shot and she was so, so sorry and she was going to dunwoody prep to find out what happened. jenna: but andrea gave a different account in 2012 of the very same phone call and yesterday, prosecutors played a tape-recording of what she said

on the stand. >> at the time you called don sneiderman, at that time did you know what had happened to rusty? >> no. i didn't know what happened to rusty until i got to the emergency room. >> okay. >> no one told me what happened to rusty. jenna: prosecutors say her remarks offer significance evidence she lied on the stand to the jury about what she knew about her husband's death and. when the former boss that we mentioned was convicted of murder. he was sentenced to life in prison. prosecutors say he was having an affair with andrea at the time. again, her trial continues today. gregg: new information on the japanese nuclear power plant crippled by twin natural disasters more than two years ago. japanese officials say the disabled structure leaks 300 tons of contaminated water into the pacific ocean each day. 300 tons a day. now, that is worse than

previously thought. today the japanese government pledged new action to stem the fallout from that crisis caused by an earthquake in tsunami in 2011. david piper is streaming live from bangkok. >> yes. they're going to try to stop the leak of the fukishima plant. about 300 tons of water is leaking into the pacific ocean every day. a stairy thought. the contaminated water is also seeping into the ground water, water that's been tested in the area shows radioactivity is still hundreds of times above safe drinking levels. the nuclear regulatory agency is describing the issue as an emergency. the government has urged the problem be solved as soon as possible. three reactsors -- reactors

melted down in 2011. it caused the world's worst nuclear disaster since the soviet union in 1989. the owner of the nuclear plant has built an underground barrier to prevent the contaminated ground water from reaching the sea but a spokesman said it's a difficult problem to solve because excess water can get around or bump the barrier and the company is still pumping hundreds of tons of water into the plant every day to cool the crippled reactor. most of that is recycled. the major problem is they can't face the wall to stop the ground water leakage because the building remains uninhabitable. now, according to scientists, two possible controversial solutions, either to dump the water into the ocean or try to evaporate it. it's been estimated that the cleanup could take 40 years and

cost roughly $11 billion. the area around the plant is largely a no go area for people who once lived there. we visited the area on the second year anniversary of the disaster and it was a waste land of destroyed buildings and also communities untouched by tsunami but left as ghost towns. many people have never returned. now, there is a lot of public anger about the nuclear issue in japan but the new government is saying it intends to relaunch all the nuclear reactors next year. gregg: all right. david piper streaming live from bangkok, thailand. thank you very much. we apologize for the dicey audio. jenna: we got it, right? a desperate search for a teenager feared kidnapped after her mother's dead body is found in a burned home. brand new details on the amber alert for 16-year-old hanna anderson and where the suspected kidnapper may be heading. plus the white house cabs he

wills a high level meeting in moscow because of edward snowden. we'll take a look at why and the potential ripple effects next hour.

gregg: brand new details on what sparked the latest worldwide terror alert. jenna: welcome to the second hour of "happening now." i'm jenna lee. days after the u.s. government shut down embassies in more than 20 countries, we're learning what led to the dramatic move. turns out, it wasn't just an intercepted message between sth man who replaced osama bin laden and the yemen leader. there's a leader of al qaeda in the arabian peninsula and what we had heard before is that there was a call between the two. but now we're hearing something different. in fact, it's an exclusive report that we're getting today

that perhaps more than 20 al qaeda operatives from around the world were on some sort of conference call and we were able to listen in on that. one of the reporters who broke that story is joining us now. john is the senior correspondent for national security and politics for "newsweek" and the daily beat. i don't want to ruin your story but tell our viewers what they need to know about this supposed conference call. >> right. so we know that u.s. intelligence has been monitoring multiple threat streams and multiple communication streams between al qaeda's core leadership in pakistan and their associates in yemen but what we're able to report new today with that, the call that actually led the worldwide terror alert and the closing of 22 embassies around the world was actually a conference call with 20 or some representatives of al qaeda affiliates from all over the world, nigeria, the

sinai, east africa, you name it. and this was a call that wasn't just about the terror attack. it was like a meeting that they were holding to go over a bunch of new business. this call represented a method by which al qaeda's leadership can maintain operational and situational control over the affiliates. so it's the way they can share information and just shows how in touch they really can be despite the fact that they're all hiding in various parts of the world. jenna: if we know where those calls are coming from, do we know where all of these individuals are? >> well, i think if the u.s. intelligence community had information, they would act on the information so we can surmise we don't have the exact locations of the calls but it does show that the u.s. intelligence community is adapting as al qaeda's leadership is adapting and as they find new ways to communicate and run the operation and evade u.s. techniques, our government is finding new ways to intercept those. it's a game of cat and mouse. at this one, we happened to

catch, it led to the warning that we have all been following all week, the warning about the terror threat wasn't exactly perfectly clear as to location of the target or anything like that but i think the significance of this is it shows that despite what we may have heard that al qaeda's core is diminished. as it turns out, they're very much alive and well and very much in control and in touch with the affiliates. much more cohesive than we originally realized. jenna: you're reporting about the conference call but also the reporting the last several weeks, we've had a huge explosion of information about the surveillance programs because of edward snowden so the world knows we have a massive surveillance program on going and yet, these operatives felt comfortable enough to have some sort of conference call.r sourc of that, josh? >> right. so we should distinguish that the programs that were identified in the snowden disclosures were not actually the ones that were used to catch

this interception specifically but it speaks to the broader issue we're trying to get inside their decision making process and get inside their think to go find out how they do things and operate and talk to each other and every bit of information that comes out about how we do that allow them to adjust and make that a little more difficult. jenna: i'm a huge fan of your work as you know. you always have such great reporting specifically about some of these huge stories that we have but how concerned are you as a journalist that some of your reporting might be giving away some secrets to the enemy? now these guys know we listened in on the conference call. >> we take this issue very seriously. i would say a couple of things. first of all, the fact that they communicated and that this call took place was reported all by the "new york times" and other outlets earlier in the week so we assume that that disclosure had been made. we withheld details about the call because we do feel a responsibility as jushlists to

balance the needs of the public to know about what's going on and the needs of journalists to help protect national security. jenna: just real quick, a final question here because we're also looking at benghazi and the charges that have been sealed as well. what do you think is the bigger picture here about the state of al qaeda? and what are enemies surmising by our actions, specifically benghazi or lack thereof and how they're freely communicating and planning and what they're looking at next? how do you think these two stories in some ways are related or are not related? >> sure. so the working assumption had been that al qaeda was operating what you might call franchises, independent operations that had little connection to the headquarters back in pakistan and they were basically doing what they wanted when they wanted with some top level approval. what we're seeing now is an evolution of al qaeda into a new phase where it's actually much more integrated than it previously had been. there's a lot of top down management, a lot of coordination. a part of this is the rise of

the yemen branch and the promotion of the leader of the branch as sort of a general manager who can operate and direct attacks all over the world so what we're seeing is that al qaeda is not really on its heels at all. it's actually reconstituted itself. it's replenished itself. despite how many terrorists we kill with drone strikes, they seem to find somebody else to promote up the ranks. jenna: fascinating. thank you very much. we always look forward to having you on. thank you for your time today. >> thank you. sure. gregg: as yemen remains on high alert because of the threats of a terrorist attack inside the country, reports today of another deadly u.s. drone strike there. once again targeting al qaeda suspects. this is the fifth one in less than two weeks and word out of yemen, seven terror suspects were killed in today's strike. jenna: yemen making head way into the terror fight, or so we're told by a government spokesman saying the country busted up a major plot by al qaeda militants. terrorists were reportedly going

to dress up in yemeni army uniforms and take control of two cities before taking control of ports and attacking gas facilities. the spokesman says the country deployed extra troops and banned anyone from entering them. gregg: now to major developments in the benghazi terror attack investigation and nearly a year after the deadly assault on the u.s. diplomatic compound there which killed four americans, including our ambassador. the feds just filing the first charges in connection with that attack. the complaint, though, is sealed so we can't really read it but there is word that it names at least three people, including the head of libyan initiative. he sat down for an interview and greg joins us live from london. greg, tell us about it. >> yeah.

it's amazing. among the first individuals who have been identified as being charged in that attack in been dozy. it happened last october when we were in benghazi and when we first reported on that interview, involved that militia figure. he agreed to give us his version of things just not on camera. he admitted to being at the consulate the night of the attack and he showed absolutely no remorse to us about the death of u.s. ambassador to libya, chris stevens, and other americans. but crucially he denied being a ring leader which it is alleged, even denied being a member of the militant group said to be responsible. instead of directing the attack as it's claimed, he said he was simple ji directing traffic outside of the consulate. while he admitted being in the compound, he said he was helping other militia members who were defending americans and who were injured in the attack. as for contacts with american

officials, we spoke with him six weeks after the attack, after an f.b.i. team had spent time on the ground in benghazi. he told us no one reached out to him and he said he would be willing to talk to them if they did. he did not show any love for america. he refused to condemn the attack, explained the u.s. brought it on itself. while he denied being a member of the al qaeda linked group, he did say he knew militia members. he said he was in can't with them and he agreed in their principles and their aims. finally, his general mood was relaxed and defiant. at one point during the interview, which we conducted at a terrorist restaurant of the hotel at benghazi, we heard a u.s. surveillance aircraft buzzing overhead. i pointed up to it and he just shrugged. needless to say, our efforts to get in contact with him today have been so far unsuccessful.

back to you. gregg: that may speak volumes of terrorist regard tore the united states. thanks very much. jenna: right now a massive manhunt is underway in southern california for a man accused of murdering the mother of two children and kidnapping at least one of them after setting his own home on fire. 16-year-old hanna anderson and her 8-year-old brother ethan have been missing since sunday night. now their father is making an emotional plea to the suspect, a former family friend. >> the damage is done. i'm begging you to let my daughter go. you've taken everything else. hanna, we all love you very much. if you have a chance, you take it. you run. you'll be found. thank you. jenna: will carr joins us live from los angeles with the latest. >> as you can imagine, friends and family members say this has been a gut wrenching couple of days and everyone wants you to

take a hard look at 40-year-old james lee dimaggio. police believe on sunday he killed christina anderson, burned the house down with anderson inside and took off with the daughter. the cell phone started blowing up with text messages as a new controversial amber alert systems across the state. the alerts let them know that ethan and hanna anderson had been missing, both potentially believed to be with dimaggio although it's possible that ethan's body was the child's body found in the house. they're waiting on d.n.a. results. last night there was a vigil held near san diego. family and friends came together and the kids' father says everybody at this point is trying to stay positive. >> hanna will come back.

and ethan and tina, i love you both. we all love you. and i know everybody is here for support of all three of them. >> we know that dimaggio was close to the family. friends say the kids considered him as an uncle. what we don't know is if he had a romantic relationship with the mother or potentially what his motive was for all of this. at this point, though, police do say he should be considered armed and dangerous. jenna: all right. a story we'll continue to watch. thank you. gregg: the big chill between the white house and the kremlin growing even colder now. what president obama is doing after russia's move to give n.s.a. leader ed snowden asylum. serious new concerns about your privacy as the government rushes to meet that october 1 deadline for their new health care law, important info in a live report just ahead. with the spark miles card from capital one,

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here's your wake up call. [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose double miles or 2% cash back on every purchase every day. what's in your wallet? [ crows ] now where's the snooze button? >> a rare public review, the president is officially cancelling a planned face to face meeting with russian president vladmir putin, throwing cold water on what you can see is already a frosty relationship. the white house citing russia's controversial move granting temporary asylum to edward snowden as well as missile defense and human rights and the on going civil war in syria as factors in their decision. the two men do plan on attending this upcoming g 20 summit in st. petersburg, russia in early september but no face to face meeting in moscow. gregg: serious new concerns

about your privacy and we're getting new reports that the feds are months behind schedule on data security concerning the new health care exchanges. it's just the latest in a long list of set backs ahead of the rollous of the president's signature legislation. rich edson has the latest. >> a newly released report says the government is behind in testing its computer systems to ensure the obamacare exchange is secure. in less than two months, health care exchanges go live. these are the on line marketplaces are uninsured americans will get health coverage. and inspector general report released this month says if there are additional delays in completing the security operation package, the c.m.s., c.i.o. may not have a full assessment of the risks and security controls needed for the security authorization decision by the initial open enrollment period expected to begin on obtain 1, 2013.

the centers for medicare and medicaid services is designing this system. a spokesman says the inspector general's report uses information from three months ago. he said the government has made significant progress since then and in a statement, the spokesperson says that they've looked at the audit reports and is confident the hub will be operationally secure and it will have an authority to operate prior to october 1, 2013. one analyst says establishing this health care computer network is complicated. >> there's a lot of wild cards in this. one is the fact that states are involved heavily in implementing these exchanges. a lot of states have been really gung who gung ho to establish their systems. the federal government is stepping in to help them out and push them over the finish line

and get things ready. >> as he put it, the government has some of the best computer geeks in washington working on this. they've got less than two months to figure it out. back to you. gregg: rich in washington. thanks very much. jenna: new twists in the court-martial of major hasan. what his stand-by legal counsel is saying about the case. plus lack of sleep. it's a big problem for a lot of us, gregg. you look well rested. gregg: i hardly sleep. really. jenna: why lack of sleep may lead to weight gain and it's not just because you're awake more hours to eat, people. some surprising answers just ahead. right now, 7 years of music is being streamed.

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gregg: new twist in the court-martial and major hasan. court is in recess until tomorrow after hasan standby attorney told the military judge he objected to representing the army major because he appears intent on receiving a death sentence. this follows a blunt declaration during the opening statement yesterday acknowledging, i am the shooter. in the 2009 rampage as well as this shocking statement. quote, we are the mujahedin. our im perfect muslims trying to establish the perfect religion in the land of the supreme god, end quote. the army psychiatrist is accused

of killing 13, wounding more than 30 others in the worst non combat attack on a u.s. military base in history. if convicted he faces the death penalty. let's bring in our legal panel, trial attorney and former prosecutor. no surprise here that the standby lawyers, they've been kicking and screaming ever since the day hanan invoked his right to represent himself. nothing is going to change here, is it? >> no. it's not going to change but as a defense attorney, you realize what your obligations are to your client, to represent them and zealously advocate for them. this attorney saying i'm having a hard time doing that because my client has waved a white flag. he knows he's going to get the death penalty. this is his last chance to have his moment in the spotlight. am i supposed to witness it and not do anything to help represent him? gregg: hasan did want to plead guilty but military law says if

it's a death penalty case, you can't do it. i'm wondering if that's just a bad law. >> military law is a little different. military tribunal is different than american courts. you have your constitution right. clearly he has a sixth amendment right to invoke and defend himself but yes, in a tribunal they want to go through the whole trial. it seems like almost a waste because this man does want the death penalty. gregg: and the outrage over the whole thing is that he has the opportunity to represent himself, to cross-examine the people he shot who survived and he is essentially retraumatizing them. >> it's absolutely horrible. and i've seen this. i saw this in a rape case where a defendant represented himself and cross-examined the victim of a rape. it is absolutely horrible to put victims through that but the way the law is set up with individuals having the right to represent themselves, this is

unfortunately one of the unfortunate things that happen. gregg: military justice is to justice as military music is to music which is no offense to john phillip but it's different. and one of the quirks here is just this, that, you know, he wants -- he's admitted that he did it and in any other court, it would be game over. >> game over. don't waste taxpayer money and let's handle this the way it should be handled. this man has committed atrocities in the name of the jihad. and also, there are other things that are happening in this case. this has been deemed workplace violence rather than a terrorist act. and that, for the people, the victims, they're so hurt and they're insulted and not getting the benefits that they would get had it been a terrorist act. gregg: he yelled right before he pulled the trigger and all of the witnesses say that so clearly, an act of terrorism and yet, i spoke to one of the

surviving victims shot seven times. he's outraged that eric holder and president obama refuse to call this what it is and as a consequence, he has denied not only a purple heart but combat benefits. it's outrageous. >> i think that's unfortunate because these victims, whenever you have someone who suffered like they have, you don't want them to feel like the system or justice is not being served in their cases but you have to understand here, the reason behind that and why we're having this trial and everyone has that right because, i mean, this is an unfortunate incident, a terrible incident of violence but in all cases going forward, they don't want to set a precedent and treat this one different than the others. gregg: and the warning signs by the government, and many of them, were missed which also infuriates the victims. we have to go. good to see you both. >> thank you. jenna: the president told us that al qaeda is on the path to defeat. the headlines suggest otherwise

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>> today the core of al qaeda in afghanistan and pakistan is on the path to defeat.

their remaining operatives spend more time thinking about their own safety than plotting against us. they did not direct the attacks in benghazi or boston and that means we'll face more localized threats like what we saw in benghazi or the b.p. oil facility in nigeria in which local operatives, perhaps in loose affiliation with networks, made periodic attacks against diplomats, companies and other soft targets or resort to kidnapping and other criminal activities to fund their enterprises. that's the current threat. lethal, yet less capable al qaeda affiliates, threats to diplomatic facilities and businesses abroad, homegrown extremists. this is the future of terrorism. jenna: that was the president in may saying the core of al qaeda was crumbling and less than two months later, unprecedented closing of our embassies across

the world because of a dangerous security threat. lawmakers say it's reminiscent of what we saw and heard before 9/11. it's a direct contradiction to the white house narrative you listened to and raising new questions about how safe we really are. brett is the foreign affairs columnist. and also a pulitzer prize winning journalist. the president is lethal but less capable but then we have this unprecedented closing. what do you make of it? >> right. what you just heard with the clip you just replayed from the speech in may is a little bit like the george w. bush mission accomplished speech. what he was saying was we killed osama bin laden, we got the core of al qaeda and so therefore, we don't really have to worry about these groups like al qaeda on the arabian peninsula. they'll do the kind of small scale terrorism you saw at the b.p. oil facility. i think the president fundamentally understanding what

al qaeda is about. he's thinking of it as an original like general motors with a headquarters. it's like burger king. it's a franchise and these are identical in their ambitions and increasingly in their capabilities. jenna: where do you think that misunderstanding comes from? >> look. i don't know. i think there's a real problem in this administration in getting to grips with what al qaeda is fundamentally about. you know, the president kept insisting that by killing osama bin laden, he had somehow -- it was like getting hitler. it had somehow taken the heart out of the organization and you saw years of resistance. remember in 2006, 2007 when the bush administration was warning about al qaeda in iraq, a lot of people said that's not the real al qaeda. al qaeda is simply an idea. al qaeda is a model and that model is being copied around the region and these groups in the yemen, in northern africa, increasingly in iraq, are proving to be just as deadly and just as capable as the original

was. jenna: in your column this week, you said if there's a silver lining is that the administration can put an end to the end on the war on terror without much fear of embarrassment. >> look. i hope that the president reels back, if not openly, in his actions, this idea that basically we've kind of beaten al qaeda and that we can put the war on terror behind us. he even had words to the effect we shouldn't be talking about a global war on terror. the worst thing we can do is return to a pre-9/11 mentality that treated terrorism as a nuisance threat and not a strategic threat with potentially deadly ramifications in our homeland. jenna: some are suggesting we're making too big of a deal of this recent terror threat with an overreaction with the closing of the embassies. in the "wall street journal" today there's a column by ted koppol, the title of which america's chronic overreaction to terrorism and he writes this. we've created an economy of fear, an industry of fear, narnl

psychology of fear. al qaeda could never have achieved it on their own. oef the coming years many more americans will die in car crashes, gunshot wounds and by falling off ladders than any attack by al qaeda. and his point, as he sums up others that suggest the same is that by making a bigger deal about it, we're empowering our enemies. in that case, some could argue the president is doing the right thing, saying the war on terror is over, not giving them too much credit. >> i respect mr. koppel and we're happy to have his pages. i take a different view. that was the view in the 1990's when we believed that responding to the u.s.s. cole or attack on embassies in kenya and tanzania should be dealt with in a proportionate way. the result is it encouraged al qaeda to strike homeland and 9/11 was a big deal, if you were in lower manhattan or if you

were by the pentagon. that was a huge deal t. cost our economy tens of billions of dollars and that was a foretaste of what a terrorist might do if they had a nuclear weapon so to say we should not over react, i think we have to take this seriously. jenna: in your column, you say after 11 years of taking off our shoes before getting on planes, in some cases there's a forgetfulness what it was like before 9/11 and immediately after. how do we make sure that doesn't happen so we remain vigilant? >> this is really the challenge of state craft. it's more people like president obama to say, no. the threat of terrorism is very serious. it's not a receding threat. naturally when you go through endless orange alerts and all the rest of it, you get used to it and memories of 9/11 inevitably fade. the interns coming to us this year were children when 9/11 happened. let's hope we don't have to relearn the lessons of 9/11 by experiencing a second 9/11.

jenna: thank you. always great having you on the program. we appreciate it. >> good to be here. gregg: for pleasure or pain? marijuana in washington state is, of course, legal, easy to buy. during the campaign to legalize pot, advocates promised it would bring hundreds of millions of dollars in new tax revenue. the problem is, medical marijuana isn't taxed like the recreational stuff. and some smokers are finding that getting a prescription card isn't all that hard causing some people to call for more regulations. dan springer is live in seattle with a fair and balanced look. hi, dan. >> hey, gregg. the issue is whether medical marijuana and legal recreational pot can coexist. the concern among state lewder $ because it has a huge price advantage, the medical pot will grow and undercut the new legal pot business. it's a big deal to lawmakers because they've been touting that legalizing marijuana will

bring in more than $500 million in new tax revenue but the pot czar is saying as long as medical marijuana is not taxed, many will flock to the cheaper stuff and the tax man will collect about half that. >> thought there were going to be laws surrounding it and medical marijuana is an avenue to side step the laws and regulations and the revenue. >> and yes, there's a pot czar in washington state. senator rivers and others support a 20% tax on medical protest which triggered a big conversation. they promise to bring it next year when the regulated pot industry takes off. people who use pot now as a medicine argue that prescription drugs are not taxed anywhere. some say if the price goes up, they'll be forced to cut way back. yet, while a growing number of lawmakers are calling the whole medical marijuana industry a sham, one of its leaders makes no apologies.

>> either is medicine or it's not medicine. but it can't be medicine and be taxed. and right now, medical patients have a hard enough time affording medication as an average of about a gram. >> and the state's liquor control board is holding hearings this week and it's expected to come out with the final regulations within a month. gregg: dan springer live in seattle. thanks. jenna: lack of sleep and weight gain often go hand in hand but not for the reasons you may think. we'll look at what happens to your brain when you're burning the candle at both ends and then you have to decide what you're going to eat. speaking of that, very manyingies are good for your wallet. details of another study next.

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gregg: welcome back. you know the fruits and veggies are good for you. did you also know they can save lives and money? there's a new scientific report finding that eating just one additional serving of fruit or vegetables a day can save more than 30,000 lives every year from heart disease, not to mention $5 billion in health care costs. and if americans actually ate the full recommended servings every day, which is two cups of fruit, 2 1/2 cups of veggies, the savings could be three times that amount. so listen to your mom. jenna: are you tired? you probably heard that not getting enough sleep can really make you gain weight. but do you know exactly why? it turns out it's not just because you're awake more hours and using more energy and eating more and not packing on pounds. a study looks at a different angle, what happens to our

brains when we're sleep deprived and have make food choices. author of the study is also an associate professor of psychology and neuro science at the university of california berkeley. he assures us he's well rested so he can do the interview so doc, what happens to the brain when we're sleep deprived and have to eat? >> yeah. two interesting things seem to happen. first, the deep sensors in the brain, the more primal sensors that control motivations and desire, those regions are ramped up and increased in the reactivity in response to food items when you're sleep deprived. if that wasn't bad enough, what we also found was that higher parts of the brain, particularly regions in the frontal lobe, like the c.e.o. of the brain to control executive decisions and logical, rational choices, those parts of the brain actually were purged by way of sleep deprivation so you have a switch

over in the balance of brain activity and as a consequence, people choose more unhealthy foods. they were choosing higher calorie foods, ice cream, pizza, fries, those types of things so it's nothing to find a brain mechanism that may explain the large populated cities that you mentioned, finding a lack of sleep and activity. jenna: when you were looking at the study and you were putting people through this test where you had them not sleep all night and take a look at different food and ask them what they wanted, did you find that men and women were affected differently? >> we actually didn't have sufficient numbers the study to make shows separations so that is certainly one of the next interesting things. i think what is also interesting is to look at people who have a variety of different current weights as well. we were looking at people who were somewhat healthy, with moderate body mass index values. i think it's going to be important for us to find out whether people are even more

vulnerable to the impact of sleep deprivation across a range of different weights as well as different gender effects, too. jenna: so can we blame our brains, doctor, if we gain more weight and were sleep deprived? >> well, i certainly think what we know from this study is that the brain is one of the places where these impair manies and these failures seem to start to occur leading to inappropriate food choices. we also know the changes in the body, different hormones that control your appetite and your desire to eat, they starting to hay wire with sleep deprivation so it seems that the lack of sleep affect the brain and the body and together it's the confluence of factors that lead to the weight gain we know is associated with a lack of sleep. jenna: i only have 30 seconds. how do you apply this in your own life? you look at the watch and say it's 9:00. i've got to go. i need a full night of rest because you know the effects and

what can happen to you. >> yeah. hokie as it sounds, i do watch my rest and i get 7 1/2 to eight hours of sleep. without that i can observe the impairment. jenna: i'll bet we all can. we look forward to having you back and talking more about it. thank you for your time today z. thank you. gregg: a fascinating new look at early american life. you may be surprised to learn about slavery, the puritans and the new england colonies. detainees at gtmo will to be on the move with some heading back to a country that's a hot bed of terror activity. we're live with that story. ♪ when i'm halfway into your heart ♪ ♪ you have to let me know [ female announcer ] when sweet and salty come together, the taste is irresistible. sweet and salty nut bars by nature valley. nature at its most delicious.

gregg: new information on colonial times that flies in the face of what we thought we knew about puritans. you know, like john winthrop and early american life. there's a new book based on the diaries of a connecticut farmer in the early to mid 1700s, finds that slavery flourished in colonial new england and that is not the only shocking insight. joining us is the author who is the assistant dean at yale university. thanks for being with us. i just -- here's your book for adam's sake. and i just got it this morning. i was thumbing through it. it seems very, very interesting. let's talk about it. you're reading through this diary, 47-year diary of an obscure by the guy named john who keeps writing about adam, adam. how did you find out who adam is? who is he? >> well, i was very excited to find this diary, a 700 page diary, 47 years, a lot of it is weather, farming, et cetera.

i wanted to write about joshua h h hemstead and his family life and i did keep coming across adam. you would think adam was maybe a son or worker or brother but he was joshua's slave for more than three decades and they lived in a very small house for three decades together. gregg: we think of it in the south but new england? >> in fact, there was quite a bit of slavery. never, ever on the escape in terms of quantity as it was in the south, of course, but particularly along the coastline and in places like newport or connecticut or boston, in the port communities, it would have been very common. gregg: and adam's entire family is so fascinating. you go through this. in fact, his father fought for the freedom of his family, right? >> well, i was incredibly

blessed to be able to find out not just about adam's entire life but his parents and his grandmother and his father, john jackson, who came to the american colonies in 1686 as a teenage slave, secures his freedom, fights for his family and ends up having nine children and he fights in court, including winning the freedom of his wife and one of his children in a massachusetts court. this is in 1717 so very early. gregg: there are all of these other twists and turns but look. you sort of reveal that puritans back then weren't so pure, right? >> they were not so pure and i think that is pretty commonly recognized among historians but not necessarily among the general public where we tend to think of puritans as being very upright and straight laced and perfect. gregg: what kind of stuff were they doing? >> in my book, and i sort of look at the lives of five families and we see these

families filled with all kind of adultery, petty behavior. gregg: there's good stuff in there. >> even beastiality and there was a lot of heavy drinking. gregg: puritans drinking? >> water was not clean and it was not considered safe and it was unsafe. gregg: you know, so far what i've read has been truly amazing and thank you for sharing it with us and being here today. we appreciate it. the name of the book is "for adam's sake." thanks very much. >> thank you so much. gregg: thank you. jenna: what do you think of that excuse next time you want a beer? gregg: the water is no good. jenna: i like it. and it was probably legitimate at that time. well, it's a battle of the mammal minds. elephants used to be considered the brainy ones and turns out another creature may be the memory master. what scientists say next.

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>> an elephant never forgets >> oh, yeah. >> but dolphins have the better mind. the dolphins long- term memory is the best in the animal kingdom. the whistle they make acts like a test. and scientistoused two dolphins. and played the sound and after 20 years apart the dolphin recognized and reacted to the sound to the former flipper friend. better than most humans. you know you walk up and you know that face but not sure. >> at a reunion everybody had the name tags. >> you looked the same. >> my hair was long at the time back 40 years. >> not a day over 18 gregg.

>> keep it coming. >> thanks for joining us everybody, america lives starts right now. bye-bye. >> fox news alert. court martial of the a cowed fort hod gunman taking a bizarre turn. the judge pulled the plug on the proceedings because of the unusual request from the defense. i am allison cameota in for megyn kelliy. major nidal hassan opened up the statement. hassan did not ask a single question. but it is what we are hearing today that has experts completely confused about hassan's defense. reporting for fort hood texas, is casy. >> allison, good to