that thing anytime soon. bill: well done, jason. nice touch. >> congratulations. see you guys tomorrow. "happening now" will start when we're done with this show and we'll be back here tomorrow. we'll see you then. bye, guys. jenna: around and around we go. hi, everybody we have brand new stories and breaking news. >> there is new evidence al qaeda is adapting and expanding operations in someplace you probably suspect but others you might not know about. where the terror network's recruitment may come is a surprise. the search is on for a teenager last seen leaving her home 10 days ago. meanwhile her suspected kidnapper heads to court. busting out of the joint. a jail break caught on tape. the latest on the effort to round up all the inmates who got away

it is all "happening now." a new snag with obamacare to tell you about. the administration is delaying yet again one of the provisions ever the president's signature health care law. maybe the. jenna: the headline is you're back. jon: only six working days away. i'm glad you missed me. glad to be back. >> , everybody, i'm jenna lee. this time the hang upis over the cost for individual patients. specifically the part of the law that limits out-of-pocket insurance expenses for us. that will be pushed back to 2015. details about the post popement have been on the government website since earlier this year, since february but they were outlined in regulatory and legal language. essentially what happened, there was a question asked and all of this is surfacing now. steve moore is senior economics writer for "the wall street journal" we're lucky enough to have him today. in a practical sense, steve what does this mean for us? >> well you know obamacare is sort of like the example of

buying a used car and you buy the used car and the first day the car won't start. the next day you have a problem with the transmission. the next day you get a flat tire and on and on the real story of obamacare in the last month or so is almost every day you've got a new story of what is going wrong with this health care plan. the latest one, jenna, is that it turns out that the cost to individual patients and individual families for coverage is going to be perhaps, a lot more expensive than president obama promised. in fact according to "the new york times" story today, those costs, when you include the out-of-pocket costs for health insurance, plus drug cost, jenna, could cost a family over $13,000 of out-of-pocket costs. more middle income family, they can't afford that, jenna. jenna: the limitations supposed to be in place, if you were an individual would not pay more out-of-pocket than $6300. >> right. jenna: if you were a family not more than 12, $700. that will be moved back another year.

>> exactly. jenna: could that be unlimited, if we buy into insurance plan and decide to get insurance that we didn't have it, could we spend an unknown amount of money on health care? >> we don't know the answer to that, yet, jenna. those rules are still to be determined. what we know the out-of-pocket costs were supposed to be cap as you just mentioned, they could for many, many millions of families be a lot higher than the $6300 for a individual and something like 12,000 for a family. by the way when you're talking about a family living on 35, $40,000 of income, jenna, that is real pierce in their wallet. this is a big problem. by the way, one out of every three deadlines in the obamacare law, jenna, one out of every three of those deadlines has already been missed by the obama administration. this is just the latest example of a health care plan that is not ready for prime time. jenna: here's what the "new york times" said, you mention article today. "new york times," said listen, you may pay more than you think,

but with the health care law you will have insurance. if you had a chronic condition, yes could be more expensive, yes you will pay more out-of-pocket but you have insurance where before you may have been denied coverage. what about that, steve? is that a benefit when deadlines are missed at least more people will have health insurance? >> it will be benefit for people who don't have insurance today, no question about that, jenna. but let's not forget, 90% of the americans already have health insurance. one. impacts of this health care law will be to make their current health insurance plan more expensive. the other problem is, jenna, you're going to find a lot of businesses that are going to opt out of the health care plan, the their individual employer plan and they're going to dump their employees into what's called the health care exchange under obamacare. so you're going to have at love people who already have insurance who like the plan they have right now, that are going to face higher costs and that's the bigger problem i think, jenna. jenna: there are certainly a lot

of hypotheticals that we don't know as you point out, steve, how the implementation will work and what are going to be the consequences of it. >> yeah. jenna: real quick, you touched on something very important in the "wall street journal" yesterday. you had a column out and it all ties in together because we're not only talking about the cost to us as individuals but potentially the cost of the program as taxpayers and what it means for the federal government as well and you took the position yesterday in your "wall street journal" piece that ski questionster has been actually good for everybody and you think republicans, for the most part when they come back and are in session in a few weeks should just let it keep on going. tell us and viewers a little bit what your opinion is on that, steve? >> not just my opinion, by the way, jenna. it i was looking at hard facts what is happening with the budget. if you care about the financial future of country and care about the trillion dollar deficits we're running every year you have to like the sequester. this is the first time i've been

in this town in 25 years this is one of the first times i've seen federal government falling. the reason you're seeing decline in federal government spending precisely because of spending caps and that sequester. a lot of liberal groups in this town don't like the sequester. they want the government to spend and spend and borrow and borrow. my point this is the first time in over 50 years, jenna, that we have seen a decline in government spending two years in a row. the reason that is happening because of the sequester. so i made the point, sequester is working. jenna: you don't think that the gop should fight for more or democrats for that matter fight for more control where the cuts will be made? that was the big complaint about isuester from a lot of across-the-board cuts. some people would like more control which programs get cut more than others. >> sure. by the way one of the reasons that the sequester its working as well as it is, jenna, is that congress and white house have gotten together and they have provided some flexibility so the agencies can cut the waste, in

travel, in conferences, and excessive bureaucratic costs and not things we really care about. you covered that story, jenna, you know, a couple of months ago. remember when they were going to shut doesn't air traffic control system. jenna: right. >> flyers would be stranded at airports. they're not doing that anymore. they're cutting waste out of the budget. that is by the way, jenna, what every private business does when it has to control costs. for the first time we're seeing con know mizeing in washington. the deficit this he year, jenna, this year, the deficit could be half of what it was the year before. that is substantial progress. jenna: interesting. a lot of bluster about the plan. interesting to your your perspective on it and the reality of it and maybe there is a lesson somehow with other programs. i still can't go for a tour the by the way. white house said no tours until a later date. i don't know. >> you asked me the question is this the best way to cut the budget? no, jenna, it is not the best way to cut the budget but it may be the only way to cut the federal budget.

jenna: that is of value. we'll continue to talk about it. it will be a big story in the fall as you know, steve. we look forward to have you on to talk about it as always. >> thanks, generics you can still stand on pennsylvania avenue and look through the bars. jenna: can you but you can't schedule a tour. jon: not yet the maybe some day. just in a disturbing new report that a rebranded version of al qaeda's offshoot in iraq has expanded its influence. the terror group reportedly taking advantage of all the chaos in neighboring syria to gain a strong hold there. that development is raising serious concerns here at home. national security correspondent jennifer griffin is live at the pentagon with that. jennifer, the chairman of the joint chiefs, martin dempsey is in the middle east. he talked about syria today. what does he have to say? >> reporter: that's right, jon. he told reporters traveling with him that the u.s. is better able to differentiate and separate out the anti-assad factions and moderate groups from the al qaeda linked groups. what he didn't say an estimated

17,000 foreign fighters many sympathetic to al qaeda have flooded into syria. those who fought for al qaeda in iraq announced the formation of the islamic republic of iraq and the levant essentially taking over the northeast part of syria. those are the same fighters who the u.s. spent years fighting in iraq. they have reconstituted themselves. there is even more concern in the wake of that prison break at the end of july in iraq which about 500 hardened iraqis were busted out of abu ghraib prison reportedly by al qaeda. a top al qaeda in iraq figure is based we're told in syria, a very worrying trend, jon. jon: meantime there have been more of those drone strikes in yemen. unprecedented number in recent days. who did they get? >> reporter: well there haven't been any household names hit in the last 10 days we're told by u.s. officials. there were reports overnight that ibrahim alsari, the

notorious al qaeda bomb-maker who figured out to surgically implant bombs into people was injured or killed by a u.s. drone strike. u.s. officials say there is no indication at this time that is true. there have been a steady clip of drone strikes in yemen the last few weeks. on the target list we're told, there have been 79 drone strikes in yemen. 99% of them carried out by the obama administration. jon? jon: wow, 79. that's a big number for a relatively small country. jennifer griffin, thank you. jenna: right now some new details in that horrific bus beating out of florida that really has captured national attention because of the video we've shown you on it. here is another look at it. three teenagers brutally beat a 13-year-old on the bus appeared in juvenile court. the video tells most of the story. the police say the victim tried to crawl under the seat to get away from the guys and wasn't able to. phil keating live in clearwater

florida with more. phil, what happened in court. >> reporter: all three 15-year-olds stood up in front of the judge and heard the gravity of and seriousness of their situation, if they had been older an charged with adults and convicted with the school bus beating video evidence they would be likely headed to state prison. all three suspects were in court casually dressed although lloyd was dressed up nicer than other two. julian mcknight and joshua redden on hand with one parent and public defender. all three will return to the pinellas courthouse three weeks from day, prosecutors want to play for the judge that vicious school bus beating videotape before he imposes his sentences. prosecutors also want as punishment, nine months court supervised probation, no contact with the victim, and random drug tests for the three suspects. before court began, outside, i did speak with mcknight's father. >> he had his consequences

already, you know. this is a, we talked about the victim but, this is way it is. you know. my son ain't never been no bad person. he hasn't, got mixed with bad people. so that's it. he's sorry. >> julien, do you want to say anything? >> reporter: for all three of these 15-year-old suspects who were going to be in 10th great next year, they have all been expelled by the principal at the middle school last month. we'll see what happens with their school records. but for all three of them, this was the very first offense with the criminal justice system and so the judge will also take that into account. jenna? jenna: the victim, phil, the 13-year-old victim, what is ahead for him? >> reporter: he may actually have an opportunity, in two weeks to, testify in front of his three alleged attackers. at least prosecutors want to at least gift victim and his parents that opportunity to come here. the victim we're told is recovering pretty well.

he was hit, punched, kicked, stomped on 50 times by my count, in about 60 section on that school bus last month. as far as remorse from these suspects not one indicated to me personally that they are sorry. they all just clammed up. but, for their parents they all seemed pretty embarrassed by the situation they are now in, all caused allegedly by their 15-year-old sons. jenna. jenna: more on the story as we get it, phil. thank you. jon: some new details to tell you about in the search for a mission teen from virginia. have you seen 17-year-old alexis murphy? a 48-year-old suspect now charged in the case but the desperate search for the teen continues. also breaking news from the travel industry and a deal to create the world's largest airline hits a major roadblock. the new government effort to block the proposed merger between two big airlines.

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jenna: right now some headlines we're following today. a court appearance for a man charged with abducting a 17-year-old girl from virginia. randy allen taylor was taken into custody on sunday. authorities continue to search for alexis murphy. she was last seen leaving her home august third. federal agents linked to 11 killing to admitted serial killer, keys. they're looking for possible ties to killings in other countries. keyes killed himself in december. he admitted to seven other slayings from vermont to washington state. we'll keep you posted on that. a former hospital technician met guilty to causing a hepatitis outbreak in a new hampshire hospital. the technician admitted to stealing syringes filled with powerful pain medications while he was infected with the disease and leaving the dirty needles

behind for hospital workers to use on patients. jon: well, developing today, the u.s. justice department is suing now to block the merger between american airlines and us airways. the federal government says the merger would hurt consumers by leading to higher fares and fees. several state governments are joining the suit, including those of arizona, and texas. joining us now, the director of the consumer travel alliance. you don't like the prospect of this merger. what do you think about what the government is doing? >> i am elated. this has been like david against goliath operation since the day that the merger was announced. i was against it from the very, very beginning. i got to write one of the very first editorials against it and only as late as the very end of june i was testifying before the aviation subcommittee of the senate commerce committee against the merger, side by side with the us airways people.

jon: specifically, what don't you like about it? >> first of all there is no benefits whatsoever in this merger for consumers. it's a great merger if you're an airline but it is no good for consumers. we don't get any benefits from it. next we get a big negative. the big negative we'll lose competition. we're going from four network, international carriers here in the united states, down to only three. and that allows the airlines to set their prices much more easily, to control capacity, and to make the in general, anticompetitive without ever really comparing anything when there are only three people there or three big organizations creating the rules. so, this is really a big, big win for consumers and it keeps our competition level, at least at the level that it is right now today, it is not going to deteriorate anymore. jon: you say there are no benefits for consumers but american airlines, for instance, says that because of economies of scale, they would be able to afford to do things that they

can't do now. i am nate unfrostable -- eliminate unprofitable routes, keep planes up to snuff and buy new planes and make everything better. >> that all sounds good. i don't know if you remember a big merger between united and continental. that happened two years ago. only this years the $1.7 billion in synergies they talked about didn't happen. the coo, chief operating officer of united came out this year and said they actually had dissynergies. whatever the airlines promise you, take it with a big grain of salt. jon: what is to happen now? american and us airways go back to their corners? do they fight this justice department merger. >> i'm sure united, i'm sure american and us airways will fight the department of justice. however they can go back to their corners. they're knot going to suffer. american airlines this last quarter made their highest quarterly profit own record i

think. and us airways had their highest, most profitable year on record. so these are airlines which are making a lot of money. and past mergers were always taking place in situations where the airlines were losing hundreds of millions of dollars. and now, they're trying to do the same thing but the airlines are making plenty of money. so the only people that were going to be happy were the airlines and not the consumers. jon: making money and still losing our bags. charlie leocha from the consumer travel alliance. thank you. >> take care. jenna: destruction in the wake of a powerful typhoon. landslides are just one hazard. the search is on for dozens of people missing in the storm. a update on that. a fatal fall at this ballpark. what we're learning about a fan that did not survive after falling more than six stories.

jon: right now a look at some international headlines. at least two people are dead and dozens are missing after a typhoon battered the philippines. heavy rains triggered flooding and a landslide. sustained winds of more than 100 miles per hour toppled power lines. hundreds of homes are damaged. china is next in this storm's path. video shows a jailbreak as it unfolds in brazil. reports say 54 inmates escaped from a youth detention facility after a riot broke out. authorities reportedly have captured at least 17 of them so far. we're told for a time, prisoners took some of the staff hostage. south korea's asiana airlines is offering $10,000 to each of the 288 surviving passengers from last month's crash landing at san francisco's airport. the airline says the money is not a settlement. it does not prevent those who accept it from suing the company. three people died in the

accident. jenna: we now know the identity of a baseball fan who died after falling more than six stories. it happened in the upper deck of turner field, the home stadium of the atlanta braves. now investigators are trying to piece together what exactly went wrong here. jonathan serrie is live in atlanta with more on this. jonathan, we recently found out the name of the victim. tell us about him. >> reporter: that's right, jenna. just this morning the medical examiner released his identity. ronald homer, jr., is the name of the victim. he lived in conyers, which is a suburb just east of atlanta. his mother tells the associated press, that the 30-year-old did landscape work and was a lifelong braves fan. she spoke with her son by cell phone the night of the game, the a the time the rain that had been delaying the game was beginning to let up. he was planning on going back inside the stadium. her son ended that phone call the way he always did when he spoke with her, telling his mother, he loved her.

jenna. jenna: jonathan, what do woe know about the circumstances around the fall? >> reporter: well the investigation continues. an autopsy is planned for today. authorities say mr. homer fell from an upper level platform on the stadium into a secured parking lot about 65 feet below. based on their preliminary investigation police say there is no evidence of foul play. it appears to have been a terrible accident. jenna? jenna: wow. hopefully something we find out a little bit more but so sad for that family. jonathan, thank you. >> reporter: certainly. jon: well, two friends of the surviving boston bombing suspect indicted. what they are accused of hiding. we'll take you live to the court house for that. despite washington sticking to its claim that al qaeda is on the run, there is new studies, a new study showing the terror group actually growing and fast. we'll reexamine where al qaeda is today and what it means for

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jon: some brand new information on the boston marathon bombing. two college friends of the suspected bomber are facing arraignment today on federal conspiracy charges. allegedly, the pair threw away fireworks and other items which they retrieved from the suspect's dorm room. molly line is outside federal court in boston. so what do we know about these

two guys in court today, molly? >> reporter: well, the two men facing the judge today are close college friends of the surviving boston bombing suspect, both 19 years old from kazakh zahn, and they've been originally facing these charges of obstruction. a grand jury recently returned an arguably more serious two-count indictment against the men who now face more than 20 years in prison on conspiracy to obstruct justice and obstruction of justice. prosecutors allege that these men and a co-conspirator went to dzhokhar tsarnaev's dorm room, took a laptop computer, a backpack filled with fireworks and put that backpack into a dumpster, and it was ultimately recovered a few days later at a local landfill. jon: originally, there was a third guy who was charged in this case. whatever happened to him? >> reporter: absolutely. that young man is 19 years old,

originally from came bridge, and he -- cambridge and had been named with the other two men starting back in may. in those court documents, it's alleged that all three add admitted that they had on the evening of april 18th removed this backpack. now, this most recent indictment handed down, essentially removes the man's name from the paperwork, and there are numerous references to a co-conspirator made. so that's the changes that we know about as far as he is concerned. jon? jon: it's just starting to look like he may be off the hook. not absolutely. >> reporter: right. we -- yeah, we're still waiting to see how this case develops, but for now today the two most serious charges coming down on the other two. jon: okay. molly line or the reporting, thank you. jenna: as we're talking about terrorism on our soil there in the boston marathon bombings, there's also some new questions about al-qaeda's threat to the united states overall following a series of reports that the

terror group's capabilities are expanding. according to some new analysis by the rand corporation, the presence of al-qaeda affiliates in iraq and syria and yemen and west africa has spiked dramatically in the past few years, and there's been a lot of questions about what because that mean for -- what does that mean for us here at home and our safety? this is, again, from the rand corporation. you see in red there that's al-qaeda central, that's pakistan. but then you see the orange that represents where al-qaeda affiliates are. an example of that is in yemen right here, we've talked a lot about al-qaeda in the arabian we be anyones la, that -- peninsula, that would be considered an affiliate, and then we have what the rand corporation is calling allies of al-qaeda in yellow. so that's an example in libya right there. we've talked a little bit about ansar al-sharia, that's an example of an affiliate. we decided to take this map and show you what does the footprint of al-qaeda look like in general regardless of whether

you're talking about affiliates or allies or what is al-qaeda central. and here's what the map would look like if you just separated out where is al-qaeda today, where is it functioning. this is what it would look like in the middle east and north africa. seth jones is with us, he's the researcher at the rand corporation responsible in part for this report. it's always great to have you, seth, for some analysis on this. in general, before we get to the affiliates and allies and all of that, what is the state of al-qaeda today? >> well, i would say a couple things. one is i'd say al-qaeda, its affiliates and allies, their footprint has grown in scale and scope over the past decade. but second, i would say it's a much more decentralized and diffuse organization than it was, say, ten years ago. and third, i would also note that not all of these affiliates and allies threaten the united states directly, they're not necessarily plotting homeland attacks. the most significant and the most dangerous appears to be al-qaeda in yemen right now, what's called al-qaeda in the arabian peninsula. so more diffuse --

jenna: let's look at those words because you've used them, diffused, decentralized, a little separate, a little independent. but sometimes the words can be misleading, seth, and i'm just curious, does that mean we should not fear those terror groups even if they are decentralized or diffused from central al-qaeda? >> no. in ways we should actually be more concerned. it means, to say that it's decentralized means that -- at one point let's say in 2001 usama bin laden ran al-qaeda from somewhat of a hierarchical structure. it's a lot more diffuse thousand in the sense -- now in the sense that the central element in pakistan does not control all tactical elements of what's happening in north africa and the middle east. it makes it, in ways, a more dangerous and difficult movement to counter. jenna: and interesting one of the things this your report to

lawmakers that you gave on capitol hill is that there is communication where sometimes we're told core al-qaeda is no longer strong, but there is communication either by the swearing of allegiance or advice or guidance given to different, quote-unquote, allies after al-qaeda. what is that all about? >> well, jenna, that's right. probably the best example to illustrate your point here is in syria where the al-qaeda affiliate in syria earlier this summer and then into the spring broke away from al-qaeda in iraq, swore allegiance directly to pakistan, to aymanal al-zawahiri and pledged allegiance what that means is they are taking their legitimacy directly from the core leadership in pakistan. the pakistan contingent may provide strategic guidance and inspiration, but what's certainly true is they don't run all the plots that are going on overseas. jenna: it's interesting that you

say that. we just did a report that mike morell, he has now left the cia, second in command there, said his biggest concern for our national security is syria because here believes -- he believes it's turning into what could be the next pakistan, even geographically being closer to the united states it's a point of interest for us. seth, one of the other areas that i haven't heard a hot about that you talked about in your report is support coming from europe to some of these groups. what is happening in europe that is lending some support, money, financial support to some of these groups? >> well, the most concerning development over the last couple of months, jenna, is europeans that have radicalized from countries like belgium and france, even spain and germany and have traveled to syria as foreign fighters to participate in the fight there against the assad government. the concern is at some point they may return back to europe, and as we all know with the

european passport, you have visa waiver access to the united states. so the question is with radicalized europeans, will that pose a more serious threat to the u.s. homeland? and that's definitely something that a we need to keep a very close eye on in the united states. jenna: so then the question becomes what do we do about it, not only in that matter, but seeing a more nuanced al-qaeda as you map out in your report. one of the things you suggested, seth, was really interesting, and i haven't heard a lot about the information agency. just for viewers, this agency fell underneath the executive branch after world war ii. it became absorbed by the state department in 1999. but its job, its sole job as they put it in their words were to tell america's story to the world. some might say that's propaganda, that has a bad intonation, but some might say that's public diplomacy as well. and you say we need to bring something like that back, that's

sole focus is about promoting america and countering the narrative. what was the response to that suggestion? and what do you think that will look like now compared to maybe what it looked like in the 1950s and '60s? >> well, one of the things that several u.s. presidents like ronald reagan did so effectively existence the soviet union during the -- against the soviet union during the cold war was to undermine the ideology of the soviets, undermine marxism, leninism. part of the struggle with al-qaeda and all its allies and affiliates is a war of ideas. so one of the things i suggested to take a look more seriously at how the u.s. is supporting efforts to undermine al-qaeda's ideology. we had a structure in place to do that. we had organizations like radio-free europe, radio liberty which did that across eastern europe behind the iron curtain during the cold war. so many agencies that aren't well coordinated try to do that today, but we don't have

anything nearly as effective as what we had during the cold war. jenna: why do you think that is? you've worked in afghanistan with some of our top guys there, and here we've been at war so long, why do you think that's been overlooked especially since there's been so much conversation about countering the narrative with al-qaeda and doing our best to do that? why isn't there more coordination or more focus? >> i mean, part of it may be the lack of a decision at the top level of the u.s. government to identify one single source of countering the ideology like the information agency to, because of so poorly-coordinated across u.s. agencies. really, that's an executive-level decision. jenna: very interesting. especially if there's a single source and there's single accountability as well. so something to keep an eye on. we're going to do a little bit more on that agency and see if we can dig a little deeper. seth, great to have you as always. appreciate the report and being able to work through it with you. thank you. >> great. thanks, jenna. jon: he had spent a life of

crime, violence and even murder, now it's a life behind bars. boston gang boss whitey bulger found guilty of 11 murders. the verdict a bittersweet victory for the victims' families. straight ahead, a reporter who has covered bulger since the 1980s. >> after 31 years, um, after a lot of fbi cover-ups, deceits and lies, we finally have somebody guilty in the murder of my father. and, yes, it is, it's a good feeling, definitely without a doubt. [ female announcer ] since 2001 caroline penry's used olay total effects. and after 1 wedding, 2 kids, 43 bottles of total effects, and many birthdays, still looks amazing. now add a boost with new olay moisturizer plus serum.

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jenna: well, brand new next hour a fuel pipeline explosion sending flames 300 feet into the sky, forcing evacuations a mile away. the towering flames visible for miles, as we mentioned. we'll tell you where that's happening. plus in colorado where police have called off the search for a missing girl. we'll tell you the latest on that. plus, your chance for a one-way ticket to mars.

you may say who would do that, but more than 100,000 people have signed up for a one-way mission. jon, should you join them? that's the big question. jon: i like it here on earth. well, boston mobster whitey bulger is likely to spend the rest of his life in jail. a jury finding him guilty yesterday on 31 of the 32 counts against him including a eers of gangland burden murders. our next guest is the co-author of whitey bulger, america's most wanted gangster and the manhunt that brought him to justice. joining us now, boston globe columnist, kevin kolb. did you think you'd ever see this day? >> i always hoped i would, jon. did see it yesterday. it's a long time coming, especially for whitey bulger's victims who i think have been forgotten in this debacle over the years. the justice department did a good job from its perspective in limiting the damage. only one fbi agent has ever been

held accountable for the protection of whitey bulger, the enabling of whitey bulger that the fbi did. but the justice department fought the victims of this criminal tooth andal, -- tooth and nail, and many of them did not receive justice, ask some of those families did not yesterday either. jon: right. because some of the -- well, the jury couldn't reach verdicts on some of the charges, so some off these murders are still officially unsolved, right? >> correct. of the 19 murders he was charged with 11 he was found guilty or proven, eight were found -- i'm sorry, seven were found not proven, and in the case of deborah davis, one of the two women he was charged with killing, the jury actually issued no finding. i understand talking to other jurors that it was about 7-5, seven believed that he should have been found guilty of her murder, five of them just basically said they couldn't take the word alone of steve fleming, who's as big a

degeneral mate as whitey bulger. jon: there was also, apparently, a lot of friction in the jury deliberation room. >> jury room. jon: right. one of the jurors described doors slamming, said some of the jurors were afraid of a venn debt that if they found this guy guilty. >> i'm surprised to hear that because whitey bulger is a spent force. the only people that support him are his family. there are no other criminals -- the only criminals out there would actually want to kill him. they certainly wouldn't ahim in anything. it's not like whitey bulger could point a finger at you, and you would die or disappear. that power's long gone from him. he turns 84 next month and as you said, jon, he's going to die in prison. jon: did you sense a big part of what he wanted to do is go to prison, knowing that he would go to prison, enter there with his reputation not being besmirched as a rat?

>> yeah, it's interesting. i would say his lawyers spent three-quarters of their time rebutting and refuting something he was not even charged with. it's not a crime to be an fbi informant. and, in fact, the jury process -- they made no finding on that one way or the other. the evidence that he was an informant was overwhelming. now, whether he was a good informant, i've written for years that the fbi never should have used him as an informant because he couldn't give them anybody that was bigger or worse than him. so the idea that the fbi used him as an informant from 1975 until 1990, i think, is preposterous. they can kept him on two years after my colleagues and i here at "the boston globe" in 1988 exposed him as an fbi agent, as an fbi informant. now, the idea that they kept him on for two more years speaks to the utter arrogance of the fbi. jon: there's a british newspaper report that he's got millions squirreled away somewhere hidden. any truth to that? >> there's a presumption.

i don't go to the bank on british newspapers on stuff like this. [laughter] but i think there's a presumption. whitey made millions off the drug trade. they caught him, when they got him in santa monica, he had $822,000 stuffed in the walls. now, he made more than that in one drug shipment. he would get two to three million dollars on some of these freighters that came into boston with marijuana, and we know during the trial billy shea was delivering $10,000 a week to whitey for the cocaine they were selling. the so-called streets he kept the drugs off. so we know he has millions. i think there's a presumption that he has squirreled money in different locations and perhaps different countries. he had safety deposit boxes in different countries too. so i think, yeah, how do you find that? if anybody knows, it might be one of his brothers. who knows? jon: kevin cullen doing great work there at "the boston globe," thank you. >> thank you, jon. jenna: nice to hear from kevin

after so many years covering that story. jon: finally a wrap-up to all of this. jenna: maybe, especially for the victims' families. only one of these men was supposed to have won the million dollar grand prize, so why are both of them holding the check? the answeron straight ahead. t c, i just think it's better to work with someone. someone you feel you can really partner with. unfortunately, i've found that some brokerage firms don't always encourage that kind of relationship. that's why i stopped working at the old brokerage, and started working for charles schwab. avo: what kind of financial consultant are you looking for? talk to us today. backflips and cartwheels.mile?

love, warmth. here, try this. backflips and camm, ok!s.mile? ching! i like the fact that there's lots of different tastes going on. mmmm! breakfast i'm very impressed. this is a great cereal! honey bunches of oats. i hear you crunching.

jon: well, they share the same name and hometown, but luckily for them, they do not have to share the grand prize. in front of cameras and a crowd at the horseshoe casino in cincinnati an announcer booms our next millionaire is kevin lewis. so this kevin lewis thought he was named the second of three winner obviously the probe motional giveaway, but the casino was actually looking for a different kevin lewis, and he actually was not there. well, the casino explains the mixup came because both the men who entered the giveaway not

only had the same name, but also lived in cincinnati. >> there are a lot of similarities between these two kevin lewises with age and things like that, so it was one of those mistakes that you probably couldn't have scripted if you wanted to. jon: well, in the end, the casino ended up giving both men the million bucks because the customer's never wrong, right? jenna: if someone with the name of jennifer lee, i appreciate that when people mix up their name -- jon: you mean there's another jennifer lee in the world? jenna: that's why i go by jenna on the air. true story. well, preparing for a nuclear attack on u.s. soil, thousands of military and civilian first responders around the country are gathering for two weeks of very intense training, and we're live in indiana with more on this. garrett? >> reporter: yeah, jenna, let me set the scene for you. three days ago terrorists detonated a nuclear bomb on one of america's cities, more than 50,000 people are dead, hundreds

of thousands of people are wounded. and now response teams are coming into the scene to help. as fires burn, bodies of life-like dummies lie beneath the rubble and victims walk about in a daze looking for help. >> please, help me! >> reporter: this scenario is a chance for more than 5,000 military and civilian workers to gain real life experience responding to a nuclear terrorist attack on one of america's cities. >> the nuclear threat -- [inaudible] >> reporter: and this training exercise includes national guard units from 27 states, the air force as well as the army reserve and active military personnel. jenna? jenna: nice to know that they're a doing some training on it, garrett. wish we had more time for the report, you've done some great work. we'll keep an eye on garrett throughout the day, have more for us here on fox news.

jon: there is more heavy rain today where flash floods and mudslides have already killed at least one person. we'll give you an update on where people are trying to stay afloat. also the accused fort hood shooter, an update on that case coming up. when you vote for flo, we'll have discounts. ice-cream discounts. multi-cookie discounts. pizza loyalty discounts! [ kids chanting "flo!" ] i also have some great ideas on car insurance. [ silence ] finding you discounts since back in the day. call or click today. i like her.

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jon: brand new information now and breaking news this hour with a new setback for obamacare. the latest delay for the's health care overhaul, how it will affect your out-of-pocket costs. and attention shoppers, all that buying you're doing could have a big downside, and we're not just talking about the damage it does to your wallet, but also to your mental health. an explanation ahead. plus, a study on drinking alcohol, the surprising findings about what it really does to your waistline. hmm. ♪ ♪ jenna: well, we start off with the latest on the new health care law. great to you with -- great to he

you with us, i'm jenna lee. jon: and i'm jon scott. a new delay for the president's signature piece of domestic legislation. it involves an important consumer protection portion in the health care overhaul law. the one that limits your out-of-pocket expenses, at least for some patients. but the feds just granted a year grace period some insurers, all this as members of congress and their staffs just learned their health care tab will not go up because they will be exempt from some of the rules that other americans will have to abide by. we have team fox coverage. jim angle live in washington, but we start with wendell goler live at martha's vineyard where the president is vacationing. why is the limit on out-of-pocket expenses being delayed, wendell? >> reporter: well, jon, it turns out some insurers and employers use separate companies to administer medical coverage and drug benefit, and their compute pers don't necessarily talk to each other.

since different companies have different limits on out of pocket costs, they need more time to figure out a way to keep track of all the out of pocket costs people are incurring. the result is that some people with complex chronic medical conditions like multiple sclerosis will pay more than they would have if the cap was in place. this delay on imposing the limit on out of pocket costs was approved in february but buried in bureaucratic language on the labor department's web site, and no one noticed it until now, jon. jon: so what are republicans saying about all this? >> reporter: well some republicans say this is proof the affordable care act is too complicated. they point to democratic senator max baucus' warning that it's going to be a train wreck to implement. but republican senator rand paul accuses the president of political favoritism in granting waivers to obama care. >> the president doesn't get to write legislation, and it's illegal and unconstitutional for him to try to change legislation

by himself. so if he says to you, oh, you're a political contributor of mine, and i know obamacare's going to be hard on you, i'm going to give you an exemption, that's illegal. >> reporter: of course, rand paul wants to defund obamacare in which case there would still be no limits on out of pocket expenses and none of the other benefits of the affordable care act. jon: wendell goler on martha's vineyard, thank you. jenna: and here's the next one, rand paul talking about his concerns, other republicans saying there's a real scandal over obamacare, and it's not getting a lot of coverage. the same white house staffers and federal workers that are pushing other americans to sign up for the new health care law, they get to stay on their current and generous government-provided health care plans. our chief national correspondent, jim angle, is live from washington with this part of the story. so, jim, who in the federal government is and is not covered by obamacare? how does that work out? >> >> reporter: well, jenna,

that's an interesting question, and the fight over which members are covered by obamacare is just beginning. as you remember, a republican amendment made it apply to all members of congress and their personal staff. one with republican says not making congress live under the law would bely dib louse. listen -- would be ridiculous. listen. >> it would be saying this is a fine dining restaurant, with but the chef doesn't want to eat the food he prepared for you. >> reporter: many agree it's only right that congress have to live with the health care that it passed, but how about members of the obama administration, especially those pushing other americans to sign up for obamacare? they stay on federal insurance, the federal insurance program and will be insulated from any problems in it. jenna? jenna: all right, so let's maybe use a real life example, if you will, jim. so rand paul, who was just on "america's newsroom," he will have to go onto the exchanges, and his aides or staff will have to, but the folks that are actually setting up the federal health insurance, they will not

have to go into the exchanges? >> reporter: exactly right. now, last week the office of personnel management, as you remember, ruled that federal employee health care benefits, the health benefits plan will continue offering the same amount of subsidy they now offer to those in congress which covers about 75% of the cost, but one republican lawmaker, shelley moore cap toe from west virginia, just announced she'll introduce legislation to deny any special subsidies to lawmakers, that they should be subject to the full force of obamacare like other americans. but that's only congress. a lot of republicans say what about the obama administration? why should the people pushing other americans to sign up for obamacare not have to be part of it themselves? republican representative dave camp has legislation that would do just that, force all federal employees to be part of obamacare. and some ask if not all federal employees, why not at least those at hhs, the irs and others directly involved in the implementation of the law.

in other words, be forced to eat their own cooking. jenna? jenna: and here i was going to say we'll see how the cookie crumbles. [laughter] that would have followed up, jim. we'll continue to watch this. here we go. this is the implementation of it all, it is really where it's at. jim, thank you. appreciate it. well, an investigation is now underway in illinois following a huge gas pipeline explosion in a cornfield off i-88 in the city of erie. the blast sending flames some 900 feet into the air -- 300 feet into the air. as of this morning, some of the families who were forced to evacuate were still being kept away as a precaution. luckily just this note, so far there are no known injuries. jon: to some deadly flooding now afflicting one colorado town. rising water filling the streets in the beautiful town of manatu

springs. one survivor describes how she managed to cling to a tree and pull herself to safety. listen. >> so i'm sitting there, and all of a sudden water starts pouring into my living room window. and quickly, real quickly i had no time to gather anything, not my pets or anything. so i went out the front door, and i was going to cross the street to high ground, and as i was doing that, i got washed away and underwater and flailing, and i ended up on the other side of the street. so i finally get up, you know, i finally am able to breathe, and i'm approaching this tree, and the tree's probably maybe this big. and so i thought aisle going to grab -- i'm going to grab that tree, and i'm going to pull myself out, and that's exactly what i did. i flung myself onto the ridge, on the embankment and then

proceeded to just crawl up to higher ground, and then i noticed that my, i'm walking on a broken leg and a broken foot. be. jon: meteorologist janice dean is live in the fox news extreme weather center. >> reporter: unbelievable. and can this area has been prone to needing because of the burn areas from the wildfires that burned this time last year in and around the waldo canyon fire. so this is typically called the monsoon season for the southwest, a seasonal shift in winds where they get a lot of moisture in a short period of time. we're not talking about several inch, we're talking about an inch, maybe an inch and a half of rain. but because the ground can't absorb the moisture, it just acts as runoff and, unfortunately, we're going to still see the potential for showers and thunderstorms and heavy downpours in this region over the next several days. so taking a look at the forecast, certainly through today and tomorrow and thursday, by the end of the week, skies

should clear up, but in these areas you are very vulnerable for flooding, so just be very, very careful. so flash flooding is possible downstream around the manitou springs area. because this is mount now, the moisture gets squeezed, and that brings even more potential moisture for this region. so just a heads up for the next several days, you could see the potential for flooding. speaking of flooding, we're seeing it across the central u.s., the midwest where they have seen inches and inches of rain, and here in the northeast we have seen flash flooding in and around pennsylvania, the philadelphia area. flash flood warnings in effect right now. just saw some pictures in and around philadelphia of incredible amounts of rain in a short period of time. so we'll keep an eye on this. the potential for severe weather today across the mid atlantic up towards new england where we could see damaging winds, hail, even isolate ared tornadoes and heavy downpours. so, again, don't travel across water you cannot see the bottom

of. it is extremely dangerous. quick look at your temperatures, we have warm conditions across the south, but the rest of the country cooler than average as we're seeing the potential for rain across the great lakes and the northeast, just 69 right now in new york city. raining cats, dogs and other small farm an animals. bring your umbrella. jon scott, back to you. jon: i did, because i listened to your fox cast. >> reporter: good deal. good endorsement. jenna: in this didn't take long, just hours after a voter id law is signed into law, it becomes the target of a new lawsuit. plus, accused fort hood shoot ernie call the hasan is back in the courtroom today. the most chilling testimony yet from the very same soldiers hasan admits to trying to kill. ♪ ♪ right now, 7 years of music is being streamed.

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jenna: right now the court is in sessit the fort hood massacre trial, and military prosecutors are set to call more witnesses to the stand after several days of pain testimony -- painful testimony. survivors recalling the carnage, the confusion as they say hasan fired bullet after bullet in this processing center filled with soldiers, many on their way to afghanistan. casey steegal's live with the latest for us today. casey? >> reporter: yeah, jenna, up until now we've primarily heard from the eyewitnesses that you just referred to, those who were inside the srp or soldier readiness processing unit, when this shooting happened. we've also heard from a number of people who were physically shot on that day. we saw a person who went on the stand, and they could not even raise their right arm to be sworn in because they had been shot in the neck and suffered if paralysis -- from paralysis. well, things are shifting today. the remainder of the prosecution's witnesses are

going to be doctors, medical examiners, first responders and the police officers who eventually took the gunman out and ended the whole attack. this is when we're going to see autopsy photos, crime scene photos. a few minutes ago a seven-minute video tour of the crime scene was played but only on the small screens inside the courtroom. the small screens visible to the panel or the jury. they were not up on the large screens because they say that they don't want to expose the victims' families to that that are sitting in the courtroom. so some pretty heavy stuff. about 19 more witnesses are going to be called by the prosecution, we are told, and then hasan will reportedly call two, though the military isn't releasing who that will be. then finally, closing arguments which analysts say could very well happen by the end of this week if they remain ahead of schedule. court did get underway about two hours late today because the prosecution entered about 200 new pieces of evidence.

the judge admonished the prosecution more that because court got stalled by about two hours, and she said that they know better than that. so they had to have the two different clerks going through all of this new evidence that was being submitted today. but, again, as i said, some pretty heavy stuff, stuff that isn't even going to be visible to the media because they are not presenting it on the big screen to protect the emotions, obviously, of the victims' family members sitting inside that courtroom, jenna. jenna: casey steegal with the latest from fort hood. thank you. jon: well, he rose to fame in the lost boys, but now author jason patrick is inspiring new legislation sparked after his own child custody case. it could be precedent-setting and affect all kinds of couples. we'll tell you about that. plus, attention shoppers, you might be buying your way to the blues -- jenna: come on. jon: yeah, it's true. not just because of how much green you're spending. jenna, what you need to know before you hit the malls, next.

[laughter]

jon: take a live look at the dow. it's essentially going nowhere as we get some new economic numbers. the government reports retail sales went up in july, that's the fourth straight month. economists say it's a sign that stronger consumer spending could boost economic growth in this country. jenn good to be on the topic of shopping, right? always need to transition here. shopping might be good for our economy, as we know, we're a consumer-driven economy. but a new study is suggesting that shopping is not always good for your mental health. researchers who followed the buying habits of some 2500 people over a span of six years found that shopping may actually make you more lonely and more prone to shop even more which

then makes you more lonely, and it's just not a good cycle. brian russell's a clinical psychologist, and he's joining us with his take on this study that's going to be coming out in december, appropriately for the holidays, doctor, in the journal of consumer research. explain this for us. how could shopping actually make us feel lonely? >> so, jenna, i have to walk a fine line here today because i know that some of our colleagues and probably some of our viewers are wanting me to confirm that there's nothing wrong with them and their shopping habits while others are probably wanting me to confirm that there is something wrong with their spouses and their shopping habits of. [laughter] jenna: all right, let's see. >> it's hard to imagine at first glance how shopping could make somebody lonely because we think of lots of other shoppers and sales people always trying to help you, but a lot of shopping today happenings online where there's nobody around but the shopper, and even in the stores you can shop and not have much interaction with other shoppers

and even with the sales people. those interactions are not the same kind of quality social interaction as you have with friends and family. so the bottom line it's not rocket science, it's just that any behavior you're doing that's out of balance with other priorities in your life is likely to end up isolating you, even if it began with some social benefit and context. jenna: so the researchers in this study decided to break the shoppers down to different areas, and they didn't really talk too much about interaction. what they talked about is the different type of style of shoppers, if you will. they say there's the shoppers that get -- they become exhilarated by shopping, they like a deal, they feel good when they buy something. there's the other shoppers that are doing it for material status, they want to attain some sort of status in the community, and then there's the shoppers that are trying to fill the emotional void that they have in their lives. and one of the researchers pointed out, you know, the first one isn't that bad. if you get a rush from shopping, it actually could be a good

thing for your mental health. do you buy that, doctor? >> well, i think if you're buying things that you can afford that are things that truly do have value, i think that that's fine. i think it's, the problem happens when you're shopping for some other reason like to suit some kind of emotional need or fill some kind of emotional void, you're spending more money than you can afford, buying things other than don't have just momentary, fleeting value. that's a problem. jenna: all right, doctor, i think you did it. do you think you did it okay? walked the fine line? >> i did my best. jenna: we needed an expert opinion on it. as our viewers and jon knows, cannot be trusted on this topic. jon: really? full disclose your, that's a good thing. jenna: a lot of you on twitter had interesting thoughts, but i kind of find browsing relaxing, even grocery shopping. anybody else? liz, what do you think? she's shrugging. maybe i need to see doctor for a

few more minutes than the three minutes that we had. jon: i like to stay out of the malls as much as possible. [laughter] to a special primary election getting underway in new jersey. newark mayor cory booker, a democrat, goes into today with a huge lead in the primary poles to fill the state's empty senate seat, but it's booker's friendship with another state politician that has come under fire from his opponents. eric shawn live from new york city with more on that. >> polls do show that newark mayor cory booker, considered one of the rising stars of the democratic party, will very well likely win the primary for u.s. senate in new jersey today, but that one campaign issue his opponents have tried to use against him is his unexpected friendship with a republican, the state's popular governor chris christie. booker, known for his tweeting and charismatic personality, not to mention daring actions such as saving a woman from a burning house, has been criticized for his warm relationship with the gop governor who himself is

touted as a possible republican presidential candidate. the pair even made a tongue in cheek youtube video poking fun at their friendship. >> hey, gov, sit tight. i got this. governor, stand back! >> i've got this, i've got this. booker, we're all set here. >> but they say their bond is not in keeping with their respective political bases. >> there's no question that i can work along party -- across party lines even with the governor. but the criticism that i have is that i don't see that mayor booker's relationship with the governor has accomplished anything. >> reporter: but booker says his closeness with christie does help constituents. >> what they need to understand, the job of a united states senator is not simply to yell and scream and disagree with people on the other side of the

aisle. it's actually to reach out, find common ground and get things done for real people. that's what we've done in newark, and that's what i'll do as united states senator. >> reporter: well, christie has praised booker, but despite being chums, that will not extend to the voting booth. the governor will support booker's republican opponent in the general election. jon, back to you. jon: politics always makes strange bed fellows doesn't it, eric? all right, thank you. jenna: well, the hollywood star best known for his role in the move i have lost boys now talking about his own son and how his failed custody bid is sparking a new battle over parental rights. our legal panel weighs in, what does it mean for the american family moving forward. also more on the debate on gay marriage centering on what happens when the couple splits up. is it different than the regular marriages that we've had in the past? is there any sort of difference? we're live with that story coming up. ( bell rings ) they remind me so much of my grandkids.

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we'll finish up here. jenna: new fall wrote over -- fallout over north carolina's sweeping changes to election laws the center of the controversy, that voters bring a government issued voter i.d. to the polls. supporters say it is meant to prevent voter fraud. critics say it is truly goal to suppress turnout for minorities and those that are poor. rick leventhal in the new york city newsroom with the latest on this rick?

>> reporter: north carolina's governor says this is common sense. a poll shows supported by majority of other residents joining dozens of other states requiring voter i.d.es to vote. the controversy began after governor mcrory signed bill. announcing wit a 90-second long video on youtube. the new measure set to take effect in 2016. to prevent voter fraud which the governor claimed is rampant and undetected. government issued voter i.d.s at polls. short earns early voting by one week, from 17 days to 10 days. end same day registration, requiring voters to register update address are or make any addresses 25 days ahead of any election. >> photo i.d. has become part of a our everyday life. you need a photo i.d. to board an airplane, to cash a check or even apply for most government benefits. in fact, just recently both democrats and republicans joined

together to require a valid government-issued photo i.d. to buy sudafed at your local corner drugstore. our right to vote deserves similar protection. >> reporter: but critics including the aclu and naacp call the bill a disaster, promising it will turn election day into a mess, filing lawsuits to try to stop the new law suggesting it is designed purely to keep blacks, young, elderly and poor away from the pours, hurtings low income voters who have hourly wage jobs and child care issues and might have a tougher time voting during a normal workday. >> this bill, is not about voter i.d. it is 57-pages of regressive, uncan constitutional acts to rig and manipulate elections through voter suppression. >> reporter: well the governor says, it is about photo i.d. and he says if anyone doesn't have one, they can get one at no

charge at any dmv office in the state, jenna. jenna: rick, thank you. jon: all right. this is my headache for the day. a child custody case involving a hollywood star that is now sparking what could be a precedent-setting new law on the rights of male donors. now, it is kind of hard to follow low after it all started that a judge ruled actor jason patric, might know him from films like the "lost boys quote. only met the legal definition after sperm donor and has no parental rights to the father he child because he conceived his son with his girlfriend using instreet throw fertilization. she was an ex-girlfriend at the time. now he is supporting a new bill that would essentially allow male donors to ask the court for parental rights if she show a certain level of involvement in the child's rights. this case will be going to a california state legislative committee today. joining us now, lis wiehl, fox news legal analyst.

you know her. doug burns, also a familiar face, a federal prosecutor, former federal prosecutors and a criminal defense attorney. so, it's a little hard to follow. >> i will give you some tylenol here. jon: please. these two were together. >> right. jon: they broke up. >> right. jon: they each said we'll have a baby. >> we'll not do it old-fashioned way and instreet throw insemination. apparently he signed document called intended parent document which said even before this baby was born, now three years old, i want to be the father. i want to be part of his life. i want to be in this child's life. hopefully is paying for child support. that is what the case is about. jon: she cut him off. said get out of here. this is my baby. i don't want you in my life anymore. >> she was very lucky, because there was a 2011 statute, jon, if a child is conceived via instreet throw fertilization, and parties are not married

there are no parental rights for husband. >> that is so wrong. >> i agree it was wrong. that is the reason she lost. >> as public policy view don't we want fathers however they get women pregnant, don't we want them to be in the children's life? supportings financial and emotionally to be part of their lives. jon: right. there are organizations like now and lesbian groups and so forth who are saying, if a lesbian couple get as child by instreet throw fertilization. we don't want the father coming in saying we want the baby. >> chilling effect. again going back to the legal issues. it is about documents. then he is not going to sign an intended parent document. he will sign something saying i give up all my rights. this is just insemination and that's it. i will walk away. jon: even the ledgetor who wrote the law saying i never intended this to happen. >> i was going to say, about watching legislation being is like watching sausage.

it is silly. i never quite understood it. putting that to the side, they wrote the law not thinking about the particular contingency. what the new law says, if the husband in this case can show specific facts. >> not a husband. not a husband. >> father. father, my mistake. father can show he wants to be involved, you have to have a specific hearing to the facts case. >> it is too vague what is that level? again we're talk about parents here. maybe it takes the kids out for ice cream or baseball games or whatever it is. i just think that at any level we want fathers to be involved if they're willing. >> there is a backstory here. the backstory which i don't know, a, why did they decide to have a child via that route, after they broke up. jon: right. >> and then, you know, b, why did he sign a document saying he wanted to be involved ostensibly with the girlfriend agreeing to that? and then, c, why did this happen? i don't think you have to be a rocket scientist figure out they had some kind of a subsequent

dispute. >> yeah, i don't think you need to be a rocket scientist to figure that out. jon: as you point out, doesn't seem like anybody here is thinking about the best interest of the child. >> exactly, exactly. here is this boy -- jon: three years old now. >> by all accounts his father has been involved in his life from the very beginning. to what level we don't know. has been involved. now the woman is saying because we broke up, i'm taking a jump, because we broke up. i'm mad. i'm going to courts. i'm trying to strip you any rights of this child. seems wrong. hopefully the legislation will change that. >> yeah. carving in an exception. you made a good point earlier, jon, there is a lot of situations where the male or the female, i don't care who it is waives their rights. >> right. >> what happens when they come running in later changed their mind? that is the problem. >> you have to get an ironclad contract when you get it. there areo draft it, absolutely no way. >> jon doesn't like it. >> tylenol coming your way. jon: the whole thing is so sad and bizarre. >> real victim, the 3-year-old boy. jon: i don't know.

there rather o ways to have children. >> exactly. jon: lis wiehl, doug burns. thank you both. jenna: we have a couple minutes, jon, then we're done with the show. jon: okay. jenna: it will be all right. jon, lis and doug were talking about a subject in uncharted territory you will. that goes for the next story as well. just as fast as gay marriage passed in some states, questions on some laws for gay divorced couples. in some cases separate state laws are making it difficult. kuhn kuhn is live koon koon. >> 2010 states allow, civil union, because of the laws different from state to state nonexistent in others. solving a same section legalized relationship can turn into confusing and expensive legal nightmare especially if someone moves to another state. such is the case of julie. she and her partner married in massachusetts in 2009.

things didn't work out. she moved to colorado and found someone new but couldn't get divorced here. until this state passed a civil union law, in may that offered her protections. now on the flip side, couples who married somewhere else, then moved to colorado, now have to end it the proper way. >> and, they may not know that if they break up, and their relationship unfortunately end they can't just go their separate ways. they actually do have a, an entire body of law that affects them in very meaningful ways. if they were to break up, they couldn't and moved on and met other people, they couldn't enter into new civil unions with new people if they chose to do so. >> colorado state senator ken lundberg who opposes civil unions says lawyers are the only ones who win hire. his biggest complaint goes even further. >> the thing that troubles me about the civil union law is not

the legal structure it sets up for two adults in colorado. it's the replacement of the concept of marriage which we've understood very clearly as being one man, one woman and, the people of colorado put that in our constitution as well, it is replacing that concept with a very different paradigm of what marriage is. >> reporter: so far seven cases have worked their way through the colorado courts but, jenna, this is really new territory for judges and attorneys. jenna? jenna: alicia, thank you. jon: a court date for three florida teenagers accused in a brutal beating of a 13-year-old boy. what do these defendants have to say for themselves? we're live outside the courthouse next. plus we take a look at several studies how drinking affects your weight. they don't all say the same thing. we'll try to sort it out for you next. i'm checking out the jetta. 34 hwy mpg. check.

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♪ jenna: now to a new study about the effects of alcohol on your waistline, showing moderate drinkers are more likely to gain weight because they tend to reach for more fatty foods while drinking. this comes on the heels of another study showing the exact opposite. someone who is a moderate drinker may gain less weight overtime or someone who drinkses heavily or doesn't drink at all. we'll get two perspectives. she is the one that started this big study that talked about decisions we make while drinking. doctor, is it the alcohol itself that is causing us to gain weight or is it something else? >> well, first off, our study did not look at weight gain. what we, what we looked at, we did a study about how alcohol

may affect your dietary intake. so, we knew that 70% of the u.s. population drinks and that all of us eat but we didn't know very much about what people eat on the days that they drank. jenna: so what is different, they made different decisions on the days they drank than days they did not? >> right. jenna: what does it look like? >> looks like men, in particular on the days that they didn't drink, ate about 2400 calories. but on their drinking day, they ate about 400 calories, more, about 2800 calories. and, about 61% of that excess came from alcohol. and the rest of it came from, from food. and from non-alcohol parts of alcoholic beverage. and their food choices changed which is really important. they ate more meat. they ate more white potatoes.

they let's fruit. they let's milk. so their diets tended to be less healthy on the days that they drank. jenna: what about women, did women dot same thing? >> women also consumedded excess calories on the days that they drank so that they consumed about 300 more calories on their non-drinking day, they ate about 1700 and on their drinking day it went up to about 2,000. and for them, 69% of the excess was from alcohol and they didn't, they consumed a little more food but statistically it wasn't significant. jenna: interesting. that is interesting to see the discrepancy between genders. doctor, thank you, appreciate your perspective. thank you for the correction early on calories consumed versus weight gain. dr. marc siegel is with us fox news medical a-team. we will gain weight from the calories and we're drinking and

maybe consuming more on that day as the doctor pointed out but, "wall street journal" did some analysis of all these different studies and one analysis was based on a harvard nutrition professor who said, when you look at people that drink moderately, they actually don't gain weight as fast as those that who drink heavily or those who don't drink at all and we were curious to talk more about why that would be. >> i want to get that in a minute. i first want to commend dr. breast low's study and i read through and well-done. the point here is the dietary choices you make when you drink a lot are far different. if you're sitting at a bar. jenna: different for men. >> men are the worst. jenna: let's be honest, right, doc? >> at a bar you will get the cheeseburger. previous studies women have less of a sweet tooth when they ate, when they drink. that may have something to do with it. here is what you're talking about now, when you drink a moderate amount of alcohol over time it may that be after you

drink the alcohol, you get an increased metabolic rate. in other words your heart rate goes up, your metabolism moves more quickly and you could conceivably burn more calories. i don't want to go there, i have to tell you i like this study. i think we make bad food choices when we drink. she is right about that. alcohol is a poison. it leads to bleeding. it is terrible for the liver, terrible for the heart. no drinker out there today should say, hey, i will drink more because i won't eat as much and i will lose weight. never been shown and it is very bad medicine. jenna: that is what the harvard professor said as well. don't make this part of your weight loss plan and have more moderate drinking and burn more calories because the heart rate goes up. not the right plan as you point out. >> you bet. exercise and eat right. jenna: sound like good advice. dr. siegel. thank you. jon? jon: hillary clinton is back in the political news, firing the

first shots on voting rights. here what she had to say. could would you give up your life on good ol' planet earth for a mission to mars? one company will select a few on a trip to the red planet. we'll talk to the man planning the trip to find out how you can get your chance to colonize your very own martian crater. ♪ hey kevin...still eating chalk for heartburn? yeah... try new alka seltzer fruit chews. they work fast on heartburn and taste awesome. these are good. told ya! i'm feeling better already. [ male announcer ] new alka seltzer fruits chews. enjoy the relief! grrrrreat outdoors,er ] and a great deal.r fruits chews. ahhh let's leave the deals to hotels.com. perfect! yep, and no angry bears. up to 30% off. only at hotels.com.

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jon: would you like a trip to mars? well get in line. mars one, a dutch, non-profit space company, is getting more than 100,000 applications to take a trip to the red planet. now only four people actually will make this trip, which is

supposed to launch in 2022. their mission is to build the first human settlement on martian soil. the biggest hitch? once they blast off from earth, there is no turning back. we have the cofounder and ceo of mars one. he joins us now on the telephone. so the idea is these four earth links launch to marchs but they don't come back, is that right? >> that's right. you have all the technology here on earth to send humans to mars, to land them safely, to support their life there. to keep them alive, but there is simply not the technology to let humans take off from mars and get them back to earth. the technical ability is not there. jon: they land an mars. they spend the rest of their life in the space colony. it sounds pretty frightening frankly. >> actually we keep sending more people every two years. there will be a growing

community of humans there. it's a new, it's a new settlement. don't forget that a lot of people who lived in the u.s. are there because people, their ancestors sometime decided they would take a one-way trip across the ocean. jon: sure. but you know, staying on this planet is a little different from going to another one where the, environment is a little bit hostile. >> well it isn't really, because when your ancestors, i don't know how long ago your ancestors left their home world but when they left, and maybe the u.s. also wasn't such a nice place to go to. still they had the explorational spirit. they wanted to take up the challenge and to go there and to start a new life in a new world. jon: yeah. >> it was really a new world back then. of course mars is more difficult to survive than the u.s. but we have a lot more technology now than in the 1600s, 1700s

when people migrating to the u.s. technology will keep them alive. jon: at least you could cross the atlantic and know you can breathe when you got to the other side. you can't necessarily do that on mars. >> we knee technology to survive on mars, that is absolutely correct. this technology is available. don't forget that you also need technology to places like, the poles and north of the u.s. or here in holland, you need technology as compared to where we're originally from which is kenya, in africa. we can only explore the entire world because of technology that developed. jon: have you signed up to go? >> well, i started this because i wanted to go but we really be looking for the best of the best people. qualities that you need as an entrepreneur to start this kind of organization are very different from the, from the skills that you need to be one of the best people to settle the red planet.

jon: all right. >> so i will here. jon: keep us updated, from mars one. thank you, bus. >> thank you. jenna: he is entrepreneur. not necessarily ad venturer. what do you think, jon? jon: i like it here on earth. there is a lot of this planet i haven't explored yet. jenna: that's a good point. we have a lot of work to do here and maybe we'll go to the red planet. he may have wild success. you never know. jon: we'll see. he lost all the ill-gotten spoils from the years of crime. the one thing we only hear that convicted mobster "whitey" bulger wants the feds to give back. we'll tell you about that next. [ male announcer ] america's favorite endless shrimp is back!

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ring. there is no guarantee he would get it back. he had a connection to the player and likes hockey, i guess. >> i don't think they let you have rings in priceon. >> thank you for joining us. america live starts right now. >> starting with the fox news alert. a big opening blast on what is described as the potential coming war over who gets to vote. welcome everybody to america live and so there are debates breaking out over how our elections should be held and what rules will be in place when it comes to voting. the issue erupted after the supreme court went down and that gave a bit more power to set their own rules on these things and that ruling sparked protest