martha: that made my day. >> that was fun. martha: visit from oedipal cotton his -- ed palkot. see you tomorrow everybody. jon: which begin with sentencing in a case that rocked the country three years ago. killing of rusty schneiderman, who was shot outside of a day-care center in atlanta as he was going to pick up his child. andrea, schneiderman, his widow has just been sentenced in connection with that case. however, she was never charged with murder. her former boss was convicted of murder. schneiderman is guilty of nine of 13 counts. himmering apprehension of a criminal and concealing material facts. she will serve five years in prison in connection with the

murder of her husband. one ever those years already served. andrea schneiderman will be apparently out of prison in four years. right now, brand new stories and breaking news. >> will the family of a couple brutally killed get justice? the capital murder trial for the fugitive accused in their murders is now underway. now why the defense team thinks the prosecution doesn't have a case. two disturbing new studies concerning children's health. the everyday items in your home linked to childhood diabetes and obesity. our medical a-teamer is in the house. scary moments for legendary actor dick van dyke. the dramatic details of his rescue from a burning car. it is all "happening now." >> brand new outrage over benghazi as four state department officials who were put on leave are cleared to return to work. hello, everyone, i'm patti ann browne in for jenna lee.

jon: i'm jon scott. they were singled out and former secretary of state hillary clinton told them to clean out their desks. they kept getting a paycheck and they're allowed back on duty. it is nearly a year since four americans were killed in the deadly terrorist attack but secretary of state john kerry has decided there was no breach of duty and nobody should be fired. chief washington correspondent james rosen is live in d.c. for us with that, james? >> reporter: jon and jenna good morning, aids to secretary of state john kerry say he is with these actions trying to quote, shift the paradigm inside the state department. in the wake of terrorist the axe on u.s. con sue lated and benghazi left four americans dead on zest 11th including u.s. ambassador to libya, four state department officials were on administrative leave. that left hem unable to work but still receiving salaries. one of four, secretary of state, eric boswell in charge of

diplomatic security, seen on your screen resigned his posts. the other three have returned to work. maxwell complained to the "daily beast" complained of being a scapegoat. the director in the center of your screen testified in a deposition in february he didn't know why he had been placed on leave after the attacks. that is believed to be the only court testimony about benghazi yet given. the four were sanctioned after admiral mike mullen and ambassador thomas pickerring, cochairs of the accountability review board the state department convened cited in final report mid-management level failures after pleas for more security at the consulate were routinely rebuffed at foggy bottom. kerry upon becoming february immediately commenced review of arb findings thought sought to match them against his own on the job findings. quote, as part of this process, kerry asked his senior team to

complete a thorough review of the independent benghazi accountability review board's findings. after consideration reaffirmed its finding that no employee breached their duty or should be fired but rather that some should be reassigned. kerry, the aides said, studied their careers and studied facts. congressman darrell issa, the republican whose committee probed benghazi in a statement we got a few minutes ago calling actions charade a game of musical chairs where no one miss as single day on the state department payroll. jon. jon: basically other than the fellow that resigned no one is being held accountable it seems? >> reporter: that would be correct. jon: james rosen, thank you. >> reporter: thank you. >> critics are refuting many claims the obama administration made by the nsa data collection program. that is leaving many worried about the security of their personal information and wondering whether or not the agency is playing by the rules. chief intelligence correspondent catherine herridge has more now from washington. hi, catherine. have we reach ad tipping.

>> reporter: patti ann, according to aclu at least 20 pieces of legislation are being considered to modify the nsa program adding the white house continues to disappoint its base on the issue. >> i think the white house has lost credibility and i think the government generally has been operating with a deficit of trust in the area of surveillance for the past few years. they have been saying one thing publicly to congress and to the courts and turns out that quite another thing has been taking place behind closed doors. >> reporter: in the end the aclu alleges that the nsa plays word games under the set of rules known as the united states intelligence directive 18, collecting data only applies when the data is analyzed and not stored. this seems to be the definition that the nation's intelligence chief james clapper and nsa director keith alexander relied upon when they denied publicly the nsa is collecting data on american citizens. nsa says thousanding of

violations reported in another leaked document are a fraction of the overall data and they were reported in an effort, patti ann, to correct them. >> catherine, what are we learning about reported threats against "the guardian" newspaper >> reporter: britain's "guardian" newspaper, suggesting that david miranda, partner of journalist, glen greenwald, acted as courier carrying leaked nsa documents or passing them in person because communications in glen greenwald can not rely on security of electronic media. in a scathing piece this morning the guardian's editor said, that the two months ago, within the last two months he was contacted by british government officials over the nsa leaks where the destruction or return of remaining document was demanded, quote, the mood toughened just over a month ago when i received a phone call from the center of government telling me, you've had your fun, now we want the stuff back. this morning the british government is standing by its decision to detain greenwald's partner miranda for nine hours under a terrorism statute.

>> the metropolitan police were acting as they do under the law that the law is there to protect us from anything that will increase the danger of terrorism. >> reporter: the investigation into the british government's actions against miranda are ongoing, patti ann. >> catherine herridge live in washington, thank you. >> reporter: you're welcome. jon: the in. sa surveillance program, and the benghazi aftermath, just two of the scandals the obama administration is facing at the moment. and some argue that scandals like those are shaking americans trust in our country's bedrock principles. jonah goldberg, editor-at-large for nationalreview.online and fox news contributor. glen reynolds wrote a piece for "usa today." he is a law professor at the university of tennessee. he says that is the net effect on these things. when the administration blames an obscure youtube movie as

causing the@tack on our benghazi diplomatic facilities and turns out not to be the case, it dilutes america's recall moral authority and dilutes americans trust in government. what do you think? >> i think glen makes very good points in his piece. you may know him as inst-pundit. he is a big blogger. the larger point glen is getting at when you have a government that operates as if everything it does is simply self-justifying. that as richard nixon once said, if the president does it, it can't be illegal. barack obama says he can rewrite a congressionally-passed law on a whim or unilaterally without consulting congress because that's what he needs to do to make these changes, he is essentially, basically saying that the government is, is in effect a rogue operator and that whatever the government does is legal and whatever they can get away with is fine. you see that running the course

throughout a lot, sometimes scandals, sometimes simply policy moves that this administration makes. there is deep irony here. this is the guy going around for five years, you know, insisting that government is us. and that we shouldn't be afraid of the government and yet what he has overseen is this approach to government which basically says, whatever the president wants to do is fine because he's the president. jon: well, one of the arguments that reynolds makes in his column, he said we should try to elect people with strong moral compasses who are going to follow the law, follow the constitution. you know what politicians say. politicians of both stripes will say anything to get elected. how are voters supposed to figure that out? >> i think that is absolutely true. i think we have a problem, i wrote a whole book about this, we have a problem in this country where we seem to treat people who are quote, unquote, ideological, if they're the scary extreme people and the people who are pragmatic or problem-solvers as if they're the reasonable people.

well, invariably what it means when you say you're pragmatic and a problem-solver, what it really means is, you will do whatever you need to do to get things done. you will cut corners and you will cut deals and you will sacrifice your principles. meanwhile being idealogical you have convictions and principles. on the right being idealogical means the constitution matters all the time. i'm a big fan of gk chestertown. he says that, basically you have to have dogma. you have to believe in certain things even when they're inconvenient. what makes america special we believe in certain things. if you start saying the constitution only applies when it is convenient, you're basically saying you don't have a constitution at all anymore. that is essentially the argument we've gotten out of obama we've got init out of republicans too. george bush signed campaign finance legislation even though admitting part of it at signing ceremony is on constitutional.

violating an oath of office have violating constitution. jon: you have attorney general john ashcroft refused to sign off on things because they were illegal. >> john ashcroft was introduced as a medusa's head and they would declare holy war on john ashcroft because he was idea log. when he asked the by the white house to do something, his own justice department lawyers, and from his own hospital bed and white house chief of staff and white house kunz sell say we're not going to do this. eric holder seems his job description to solely be the president's fixer and problem solver and constitutional bender, there is no way you can imagine eric holder doing something to stand up the

white house. even janet reno stood up to the white house. we have white house and government bureaucracy who simply things whatever advances cause of liberalism or barack obama which is interchangeable is self-justifying. that is dangerous to politics. liberals will regret it when republicans get into office when the republican has same attitude towards conservatively. jon: we'll see if we have reach ad tippingpoint where that can not be undone. jonah goldberg, from nationalreview.online. thanks for being here. >> thanks, man. jon: stay up with the political developments on with fox news, sign up for the fox news first daily politics newsletter. foxnews.com/fox news first. heather: tearful plea from a georgia mother. andrea schneiderman asking to show mercy from the judge for lying to police regarding her husband's murder. why a key ally may not stand strong with the obama administration as it determined the fate of more than a billion

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jon: right now some crime headlines we're keeping an eye on. the trial opens for a man accused of murdererring a good samaritan who was driving him and his baby to the hospital. his attorneys don't deny he stabbed her when she made a wrong turn but they argue he did not plan to kill the woman. right now a desperate search for a 12-year-old in missouri. adrian that horton was last seen getting into a car yesterday. the driver has been found but they're still looking for the girl. if you have any information call the badder ton county sheriff's department. plus we mentioned it at the top of the hour, andrea sneiderman sentenced to several five-year sentences for lying to police during the investigation

into her husband's death. those sentences to be served concurrently, meaning a total of five years. she will be credited for time already served. we will listen to some of her tearful testimony from today's sentencing hearing and our legal panel will learn how it may have affected her sentence coming up. patti ann: key allies breaking with the american government over the handling of the crisis in egypt. some gulf nations led by saudi arabia insist they will fill the financial void if the u.s. and european union decide to cut more than a billion dollars in aid to egypt. this latest diplomatic wrangling comes after clashes that began last wednesday which left hundreds or perhaps a thousand people dead. this complicates u.s. leverage with egypt's military-led government. earlier today in cairo, security forces arrested the muslim brotherhood spiritual leader. the latest sign it will keep pressure on the group it

considers a terror threat. ed henry is live at the white house. hi, ed. where are we on possible cuts to aid? >> reporter: good morning, patti ann. what is knew this hour, moments ago the pentagon spokesman told reporters that is completely untrue reported by "the daily beast" reported yesterday that the u.s. already secretly cut off some u.s. aid to egypt in terms of military support. that was reported by "the daily beast," quoting the office of democratic senator patrick leahy, influential member of the senate defense committee how olding the purse strings. senator leahy's understanding is that aid to the egyptian military has been halted as required by law. there was obviously a military coup, u.s. federal law suggests even though the white house won't call it a coup, that u.s. aid has to be cut off to egypt. that is a big break from what we heard from the white house just yesterday when white house spokesman josh ernest repeatedly

told reporters, no decision cuttings off aid had been given. take a listen. >> that review is on going and that review is being made in light of actions that are taken by the interim egyptian government. >> reporter: and just moments ago i noted, george little the spokesman at the pentagon saying no changes have been made. u.s. aid to egypt is still under review but has not been secretly cut off contrary to what "the daily beast" has been reporting, patti ann. patti ann: saudi arabia and other gulf states are pouring billions of dollars into egypt. how much influence does the u.s. have? >> reporter: that is a big question as to whether or not the u.s. is being overshadowed by the saudis and others because saudi arabia announced yesterday basically any dollar that is cut off in terms of aid to egypt by the u.s. and or europe, the saudis will meet that dollar for dollar. look in just the last month how much saudi arabia and other gulf states poured in. the saudis, $5 billion.

united air rub emirates, $3 billion. kuwait, $4 billion. chuck hagel suggested yesterday that the u.s. mass very little leverage here. take a listen. >> our ability to influence the outcome in is limited. it is up to the egyptian people and they are a large, great, sovereign nation and it will be their responsibility to sort, to sort this out. >> reporter: now what secretary hagel is referring to is reality on the ground in middle east, in egypt specifically which is that the u.s. has little impact it appears on the events on the ground but there is also a political reality they have got republican senators like john mccain saying president looks weak if the u.s. will not use the little leverage it has to cut off u.s. aid to egypt. patti ann? patti ann: ed henry, live at the white house. thank you. jon: a murder trial underway for a fugitive accused of killing an

oklahoma couple. why the defense is now questioning the credibility of some witnesses. our legal panel weighs in on that next. plus, take a look, the royal family portrait, the first official photos of little prince george are out and we have them for you. what makes your family smile?

backflips and cartwheels. love, warmth. here, try this. backflips and camm, ok!s. 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: just in, new information on some international headlines. a pakistani court indicts former president pervez musharraf if the killing of opposition leader butto. she was the first female prime minister was killed while campaigning in 2007.

south africa's paraolympic sprint star oscar pistorius looks to negotiate an out of court deal with the family of reva steenkamp who he is accused of killing. lawyers want this settled before the trial starts in march. the first photos of little prince george leaked hours before the official release. re prince william and duchess of cambridge choosing family snapshots instead of professional photographers. patti ann: right now, new testimony underway in the murder trial of a prison escapee. john mccluskey is accused of killing a retired couple in new mexico. he faces 20 counts in the 2010 carjacking and murder of gary and linda haas from oklahoma. he is the last of three defendants to be tried in the case. the other two pleaded guilty and will likely testify during the trial. joining us now, lis wiehl, fox news legal analyst and doug burns, former prosecutor and criminal defense attorney. thank you for joining us. >> sure. patti ann: just the background here, these three guys escaped from arizona prison.

one was quickly recaptured, mccluskey and tracy province with the help of his fiance kathleen welch. they came across the couple at a rest stop. gary and linda haas. prosecutors say they carjacked the haass, shot them, left them in the trailer and burned the trailer. mccluskey is on trial. his two pals took deals to avoid the death penalty, they're witnesses against them. doug, the defense says they have no credibility, they're liars criminals and doing this so save their own hides. >> to which the prosecutor would be possible to call in nuns and choir boys and first grade school teachers to talk about this murder. the point is, patti ann, jurors love to hear from the accomplices involved in the crime but there has to be some minimal amount of corroboration and story hanging together. when one of the defendants is wearing the victim's hat on his head that tends to do the trick. patti ann: he was caught with the victim's hat on his head.

how did that happen. agree with doug. the sense of jurors, if you're corroborating being with these other accomplices they're not going to be choir boys. they will be horrible people. as long as they got other information and other corroboration and hat is for one and other forensic evidence this is strong case for the prosecution. the fact that they pled, other two pled really doesn't matter. jurors understand that the prosecutor tries to get the main guy, the big guy, the guy that actually pulled the trigger and will give plea deals to the lesser included. patti ann: doug, that is an important point. the defense is focusing on the fact you can't prove he pulled the trigger. this is conspiracy case. does it matter? >> excellent point. i looked at indictment quickly because i wanted to be assured of that. this is conspiracy case where the judge will instruct the jury, they don't have to be ones necessarily pulled the trigger. you have aiding and abetting is worse. you're responsible to the full amount if you assisted. the plea agreement says, this amazing, because defense lawyers

walk into this like a guillotine. they're lying and so forth. if they lied, we rip it up. patti ann: you have to prove their lieing. >> exactly. the government doesn't know if they're lying. >> the government believes in the story being told right now the two were the accomplices and this guy mccluskey was the one that actually pulled trigger. whether or not they can prove it is irrelevant as far as whether he will be convicted of pulling trigger because of conspiracy laws. patti ann: even aiding and abetting same punishment. >> right. patti ann: trial capturing national attention a georgia woman just sentence ad short time ago to five years in prison for lying to authorities about her husband's death. police say andrea sneiderman lied about having an affair with the man who killed her husband. the judge's leniency means she will only spend about five years behind bars. here she is, by the way a short time ago, making one last plea to the judge. >> your honor, i'm here to ask for your leniency for the sake

of my children. at first i thought my boss, mr. newman was a nice guy, taking an interest in me as his new employee. i wanted to do well and i thought being nice to him was the answer. one of my greatest regrets will always be allowing this predator into my life. patti ann: sneiderman's husband was shot in november 2010 outside of a suburban atlanta preschool. her former boss was convicted in the killing last year but was later found mentally ill. she could have gotten, dozens, decades. >> the judge could have run all the counts consecutively meaning one five-year count one after the other. the judge decided not to do that. all the accounts are amalgamated together. she will receive five years. crocodile tears worked in this case, patti ann. patti ann: playing the victim, doug, really? >> i know. a lot of judges probably would have been a little upset with

that. overarching concept if you accept she wasn't involved in the killing homicide and merely covered it up, i'm not expressing opinion, not expressing my opinion. if the system feels she wasn't involved in the killing and merely just lying then the sentence is appropriate. one prosecutor left the office felt she should have been held accountable for the killing. she was lucky -- >> we were talking about accomplice earlier. which she would be on the rap for a murder charge here. >> exactly right. >> mainly perjury. patti ann: doug burns, lis wiehl, thank you both as always. >> of course. patti ann: jon? jon: brand murph details on the boston bombing suspect reveals new details about his injuries including multiple gunshot wounds.

patti ann: new information on the surviving boston marathon bombing suspect. we're learning specific details about the injuries suffered by the alleged killer. after police captured him hiding in a boat parked in a suburban backyard. he's charged with killing three and wounding more than 250 in the mid april attack. molly is live now in boston with the latest information. hi, molly. >> hi, patti ann. this information is coming from recently unsealed court documents. it's essentially a conference between a doctor and a judge on april 22, about three days after dzhokhar tsarnaev was found into

custody. injuries are described by a physician at the medical center before the magistrate judge there. the judge describing his medical state as guarded, though not critical and then goes on to summarize the wounds saying this. he has multiple gunshot wounds, the most severe of which appears to have entered the left side, inside his mouth and exited the left face, lower face. this was a high powered injury that has resulted in skull based fracture with injuries to the middle ear, the skull base, the lateral portion of his c 1 vertebra with a significant soft tissue injury. the doctor goes on to describe multiple gunshot wounds to the extremities, including a left hand injury described as having multiple boney injuries. the doctor lays out things step by step to the judge describing the wounds all over dzhokhar tsarnaev's body. patti ann: did he know what was going on during his treatment? was he communicating?

>> the doctor weighs in on this for the judge as well saying he definitely knows where he is when he was there in the hospital and that he knows he had multiple injuries and the judge actually asked, in your professional opinion, based on your training and experience, is he lucid enough to understand and respond to basic questions, if not vocally using hand signals? and the doctor says he's able to respond vocally. we know that dzhokhar tsarnaev has pled not guilty to any involvement in the april 15 crime. patti ann: molly, thank you. jon: we're learning new details about the death of an australian opportunity in oklahoma who was visiting the u.s. on a baseball scholarship. chris lane was only 22 years old. police say he went out for a jog when three teens saw him, decided to make him a target and shot him in the back. this is the scene where lane was gunned down. the three suspects also from oklahoma ages 15, 16 and 17 years old, one of them allegedly telling the cops the shooting

was, quote, just for fun. friends and family members now remembering the opportunistuden accused teens could face the death penalty in convicted. patti ann: new concerns about a child danger. and we'll tell you why police think a man got stuck in a chimney. >> as you can imagine, he got caught up in the flue system down there. it's never a good idea to try to make access into a home.

jon: we have some police activity right outside our fox news headquarters in midtown manhattan. we wanted to bring it to you. it appears if you look just to the right side of that american flag, you see a cab in an awkward position. it appears to have jumped the

curb. we don't know exactly how it happened or whether there are injuries but there's certainly a large police response right outside the fox news headquarters in midtown manhattan. we hope no one is injured. we'll bring you more information as it becomes available. also new next hour, dozens of wildfires are burning across several states out west. officials have deployed an army of firefighters to try to save homes but the battle is far from won. we have the latest developments. texas senator holds duel citizenship here and another country. now the texas republican says he plans to renounce one of them and get what? it's not the united states. also a new twist in the aaron hernandez murder case. what police found that could mean more trouble for the former nfl player. patti ann: police in los angeles are deciding if they'll bring charges against the teen who got stuck in a chimney. he had to be rescued yesterday.

he may have been trying to rob the house. but he only got about 10 feet down when he got stuck in the flue. once rescuers freed him, he started hamming it up for the cameras. >> i asked him his age and he told me he was old enough. so he's got a bit of an attitude and he's smiling for the cameras. he thinks this is a game. it's not a game. >> i don't know what to think. i truly don't know what to think because we know who it is. he's a family friend. >> he wouldn't have done anything to him because he hangs out here from time to time. patti ann: rescuers took the teen to the hospital. he appears to have gotten away with just cuts and bruises. jon: the doctor is in and he's shaking his head about that last story but there are new concerns about an every day material that could be connected to childhood

obesity. two new studies linking overweight children and chemicals found in plastic like plastic wrap and some plastic containers. all kinds of kids' products use them. pacifiers, baby bottles as well. joining us is a member of the fox news medical a-team and a professor of medicine. >> dehp if people want to look it up, it's something that softens plastic. jon: so things like those disposable containers that you sometimes reheat food in. >> right f. you were reheating food that was really good for you, maybe i wouldn't be as worried so number one on the list is always what you eat, how much sugar is in what you eat but now we're starting to look at the chemicals in the environment involved in this and this was a study down out of new york university where they basically found that it interfered with insulin resistance in children.

now, what insulin resistance is, is the pancreas is a pump that makes insulin. it's supposed to get the sugar into your cell but if you have resistance, it's not doing that. and this particular chemical was interfering with the work of insulin. that's very bad and it leads to obesity and kids being overweight. jon: one of the investigators looking into this says parents, if they're concerned, should take a look at the little recycling numbers on the bottom of the plastic containers. if it has a three, six or a seven, it's likely to contain that chemical. >> that's right and a lot of them will put the ingredients in them so you can look for the numbers and look for the product. it's something we have to really crack down on and we need more studies on this. jon: one of the suggestions is that you don't put those kinds of containers in the microwave because i guess that may free up the bonds, the electrons and so forth and release some of that stuff into your food. >> you should not microwave plastic period. now, the f.d.a. is cracking down

on another one of these chemicals we've talked about a lot. jon: that's been in the news before. >> it's taking them out of infants products, out of pacifiers and sippy bottles so that's very good but there's a study out of michigan that over 3,000 kids that shows b.p.a. literally leaked to expanded waistlines in kids and more obesity in kids so we're having a problem with chemical additives and weight gain in infants and children which is a huge epidemic right now. jon: you touched on there may be no way to know whether it's the chemicals, you know, that are coming from the plastics or whether it's the food that is being stored in these containers. if it's fatty and sugar laden and basically bad for you, that may have something to do with it, too. >> and there's no way to know exactly how much of this chemical is -- the bottom line where you can't go above it. i like both approaches. let's get the chemicals out of products that kids are exposed to and change their diets.

jon: obviously it's said a lot but a lot of fresh food, more fruits and vegetables, that kind of thing. >> and you know something interesting, if you went more in the fruit and vegetable direction, you would use less plastic. plastic tends to be associated more with the fast foods. that whole way of living is not healthy for us. jon: i am guilty as charged. i tend to put plastic in the microwave. i'll try to think of you next time >> see if i can reform you, get you to have an extra banana today, more berries, more fruits, mediterranean diet, nutsz, fish, you can have a glass of wine tonight. jon: i like that and i'll think of you next time i open up the microwave. i want to talk about something else. there are new concerns for adults as well, doctor. researchers are finding there may be a link between alzheimer's disease and copper found in our food and water. cop ser -- copper is fairly common in water because most of us have copper pipes in our

house and there's a little dissolving of the metal right into the water that runs into our house. what's the connection between alzheimer's and copper? >> copper is also found in meat, also found in shellfish, in nutrients we may take. jon: and we need it in our bodies. >> it's good for the nerves and the bones and the muscles. it helps our nervous system. but these researchers studied in the brain of mice and they -- so we're still at the mice stage but they found that copper is the protein that's most associated with alzheimer's. and they found that copper increased the amount of it that was made and decreased the amount of betta ammaloid that mice could get rid of. this is very early research over a few months and i don't want to end up with the same scare we had with mercury. copper is now bad for you. you just pointed out it's quite good for you but it's beginning to look like copper may be

associated with the association of protein and the inability for the body to get rid of them which is alzheimer's. jon: what do you recommend? should people put filters on to get rid of the copper in the water? >> if you have the wells with all of those impurities, watch out. you should be using cleaner apparatus and plumbing for your water. that's number one. what about the nutritional supplements we're always talking about? don't necessarily add copper to your diet. jon: some of those subpoena lems say with copper added. >> you don't need those. i look for how many supplements i'm looking for my patients to take. most things are not needed. vitamin d, yes. i promote that. b 12 in some patients. copper i would not tell patients to take one with a lot of copper in it. jon: thank you. patti ann: a shocking discovery at the home of a hollywood star.

a team of police swarming around the home of olivia newton-john after a man's body was found inside. also a final report on that deadly limousine fire that killed five women on their way to a wedding party. we'll have details ahead. i'm beth... and i'm michelle. and we own the paper cottage. it's a stationery and gifts store. anything we purchase for the paper cottage goes on our ink card. so you can manage your business expenses and access them online instantly with the game changing app from ink. we didn't get into business to spend time managing receipts, that's why we have ink. we like being in business because we like being creative, we like interacting with people. so you have time to focus on the things you love. infrom chase. so you can.

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jon: brand new information on a limousine fire that killed five nurses on their way to a wedding party, including the bride. the driver and one passenger managed to escape. the california highway patrol has now ruled it was an accident. the district attorney says there was no crime committed, no charges will be filed. >> the failure of the suspension system, including the axle

drive, the axle travel stops for the rear differential allowed the drive shaft to contact the floor board. the heat and possible spark generated from the friction between the rotating drive shaft and the underside of the floor pan beneath the leading edge of the rear seat ignited the materials covering the floor board. the smoke and fire blocked access to the rear doors of the limo, leaving the passengers with one possible exit through the small pass-through opening into the driver's compartment. tragically, not all passengers were able to exit in time but what you all know is that some tragedies are crimes and some are not. this one is not. jon: officials also say the limo's most recent inspections showed nothing out of the ordinary. patti ann: actor dick van dike cheating death. the 87-year-old entertainer was rescued from his burning car on

a los angeles freeway. jewelry has the 411. how close of a call was this? >> yeah. apparently the 84-year-old actor is okay. that's the good news. had he not been pulled from his vehicle in time, we would be telling a much different story today. van dyke says he pulled over on the l.a. freeway after he heard what he said sounded like a flat tire. a good samaritan pulled him out of the jaguar before it became engulfed in flames and then exploded. hero who rescued him, his name is jason pennington. he tells tmz he was driving along the 101 when he saw a car full of smoke on the side of the road. inside he saw an elderly man he believed to be hunched over at the wheel but van dyke says he was about to exit the vehicle himself. moments after the engine caught fire and the car exploded. his wife took him home without a scratch on him. van dyke says someone from above was watching over him that day.

patti ann: another celebrity involved in a very dramatic incident also? >> yeah. a grim discovery in the home of olivia newton-john. in fact, a man was found inside the home shot dead after an apparent suicide, cops tell us. olivia and her husband were out of town at the time. the 42-year-old contractor had been reportedly been employed by the actress to work on her jupiter, florida home currently under construction. another contractor was seen crying yesterday afternoon after discovering the body. investigators tell us the death appears to be a suicide but say the investigation is on going and they'll know more once they have the results of an autopsy performed this morning. south florida reportedly earlier this month the home was up for sale and rosie o'donnell was under contract to buy it later this month after it passed inspection. no word whether that transaction will take place. patti ann: interesting. thanks. jon: former disney star lee thompson young found dead of an

apparent suicide. the actor known for his starring role on the famous "jett jackson" and most recently a detective, his body found in his los angeles apartment after he failed to show up for work. thompson just 29 years old. patti ann: we are awaiting new testimony in the court-martial of accused fort hood shooter major hasat. we're live with today's developments. dry heat fuelling wildfires in 10 states. thousands forced from their homes. new details on the effort to control the flames. love, warmth. here, try this. mm, ok! 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.

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jon: fox news alert. we have a bit more information now about that story we brought you moments ago. a yellow cab perched precariously on top of a curb outside of our fox news headquarters in midtown manhattan. turns out the cab first, hit a woman on a bicycle. we are told that the woman riding riding that bicycle was fairly

badly mangled. we don't know specifically her medical condition right now. the cab then went on to jump a curb and is perched on top of benches outside the chase bank at 49th and 6th avenue here at rockefeller center where our headquarters are. when we get more information about the status of that cyclist we'll try to bring it to you. patti ann: brand new stories and breaking news this hour. jon: a new controversy surrounding obamacare ahead of the launch of the massive health care overhaul law. why some of the implementation deadlines reportedly have been missed? we're live with that story. also the crackdown in egypt intensifies as security forces arrest a key leader of the muslim brotherhood. what the u.s. is considering now. wildfires raging out of control across the west. the race to stop these fast-moving flames as they get closer to hundreds of homes.

jon: new troubles for obamacare. some deadlines missed that perhaps you haven't heard about yet. good day to you, i'm jon scott. patti ann: welcome to the second hour of "happening now," i'm patti ann browne in for jenna lee. it is the president's signature piece of domestic legislation but one that has sparked controversy from the very beginning and recently a series of delays have plagued key provisions of the massive health care overhaul law including the employer mandate and caps on out-of-pocket expenses. jon: that seems to be just the tip of the iceberg though as a new report finds that half of the law's implementation deadlines have been missed. doug mckelway is live at the white house for us now. doug, the administration and the president in particular have tried to make the case that republican obstruction system largely responsible for program delays. any truth in that? >> reporter: that's rights, jon. the president made that case in the last press conference before going on summer vacation but the

irony here is that it is the blue states, the ones who are most enthusiastic about obamacare who are having the greatest difficulty meeting these deadlines. it quotes the chairman of the connecticut state insurance exchange, quoting here. we're going to have challenging enough time providing quality of service that our residents deserve in connecticut with the deadlines we have. if they keep adding new regulations i'm sorry, we have to suddenly say enough is enough. the white house apparently failed to meet nine of 12 deadlines from the first year of affordable care act. failed to make 22 of 53 deadlines in the next year and missed out on 10 of 17 deadlines in the third year. that is 41 out of 82 deadlines missed. a republican critic should come as surprise to no one. >> think about the fact that the foundation of obamacare in of itself is a delay. we collect revenues for 10 years and so-called benefits are only for six years.

10 years of new revenues and fees. premiums and higher taxes, but the so-called benefits are only for six years and they call that balancing. >> reporter: there are other high-profile delays, jon. you mentioned one, the cap on out-of-pocket insurance costs, also a delay there, jon. jon: the president repealy report -- repeatedly pointed the out there will be a lot of bumps along the way in the early years, huh? >> reporter: the president said that. it suggests that as well but also points out that the law will not be collapsing on itself. it says, quote, for every missed deadline or white house waiver there are nine aspects of obamacare being implemented as we speak. so the law progresses. it moves ahead, hitting a lot of those bumps but it is progressing. the study was done bit non-partisan congressional research service which is a in-house think tank for members of congress. jon? jon: emphasis on non-partisan

there as well. doug mckelway outside the white house. thank you. >> reporter: you bet. patti ann: for more let's bring in a.b. stoddard, editor and columnist at "the hill" newspaper. thanks for being with us. >> thank you. patti ann: this report says the administration missed 41 out of 82 deadlines required by the law. what do you make of this? >> i don't think it is too much of a surprise given the problems we saw months ago with the beginning of implementation of the program. it is obviously an effort they started too late and so far they are having problems meeting an october 1 deadline to get 33 federally operated exchanges up in the states that will not be setting up their own exchanges. even if you didn't have all these delays, and i think americans are only paying attention to the high-profile ones, delay of employer mandate, et cetera, even if this was not happening and they were actually meeting deadlines they are not actually on time to the got whole thing running and have the promise realized of lower

prices. if they don't get enough of these exchanges up and running if there is not enough choice of programs in these exchanges, if they don't bring enough new customers into these exchanges, then we're covering the sick, and we're not covering the healthy and no longer a balanced pool and it will be costly and everyone's health care will cost too much. you can look at this in terms of what he is doing from what the administration is doing as the executive branch, you know, running roughshod over the legislative process and checks and balances, a law passed by congress he signed is not supposed to be undone by one of the branches of government without the other but in terms of the public, even if this wasn't happening, 50% rate of dead lines blown, the program is not ready to deliver on the promise of lower prices because it doesn't have enough customers prepared to sign up. patti ann: yeah. to the point you made about president obama unilaterally making changes to the act, he said in response, we can put that up, in a normal political

environment it would have been easier for me to call up the speaker and say this is a tweak that doesn't go to the essence of the law. we have a full screen. let's make a technical change but we're not in a normal atmosphere when it comes to obamacare. we had the executive authority to do so and we did some in response to that columnist george will asked, where does the constitution confer upon presidents the executive authority to ignore the separation of powers by revising laws? he has a constitutional duty to take care that the laws be faithfully execute and that duty does not laps when the president decides washington's political environment is not normal. do you agree with that? >> george will is right. this encroachment on the separation of powers. congress which is body makes law, pass as law and he signs it, to go back to start cherry-picking which parts he can rip up. what this does, the democrats in tough political decision trying to defend the law in the 2014

midterm cycle, third election cycle in a row. it is unpopular law. i don't know that it will be suddenly popular by next november given bums and starts. what this ultimately does by encroaching on responsibility and constitutional duty of the congress, it builds mow men full for some kind of delay in exchange for a deal on the debt ceiling. right now the republicans are fighting out whether or not to shut down the government over defunding obamacare. that is not realistic as a procedure or a tactic, but, if you get enough democrats worried about there are holes in the program so that the administration admits it can't fill and why they're delaying it and providing waivers there will be bipartisan consensus it is not ready to be up and running and subject to entire delay of a year. that is something you will see republicans pushing for this fall when the congress returns. patti ann: a.b. stoddard, thank you so much for joining us. >> thank you. patti ann: stay up on all the latest political developments with the power of fox news. sign up for our fox news first

daily politics newsletter as foxnews.com/foxnewsfirst. jon: fox news alert on major developments out of the middle east. the u.s. is reportedly considering cutting aid to egypt amid the growing unrest there. as security forces arrest the muslim brotherhood's supreme leader. one day after the a judge ruled the former dictator hosni mubarak would be freed from prison. leland vittert live from the middle east bureau with more on the developments. leland. >> reporter: jon, it appears the army's rounding up the muslim brotherhood leadership is working so far. their latest arrest may be one of the most significant. mohammed badi is one of key leaders in the brotherhood in egypt and one of his deputies was arrested of the muslim brotherhood have not been able to get out crowds and chaos in the past. perhaps they don't have the organizational strength or they don't have the kind of

widespread support they did a year ago when they won the election. clearly for the army this has been a textbook move out of the 1980s or 1990s when they had outlawed the muslim brotherhood,ed much of its leadership and held them without trial for decades. that is something the army says they will continue doing over next couple weeks as they try to round up the brotherhood. the other problems the army is facing from some of the brotherhood's supporters and allies primarily that being the militant and jihaddist groups in the sinai peninsula. we saw first-hand what they can do last night. the 25 coffins of the egyptian policemen executed in an islamic militant ambush attack were brought back to cairo in a military ceremony. certainly something the army fears they will have to deal with over the coming weeks and months as increasing amount of islamic insurgency inside the sinai peninsula. primarily armed, well-armed by weapons that came out of libya

during the civil war. a lot of those went to extremists inside the sinai peninsula. whether the army will be influenced next couple weeks or months by what kind of decisions the united states makes in terms of aid yet to be seen. at the same time, jon, united states is talking about cutting aid, saudi arabia and a number of the gulf countries are talking about giving them even more aid. the u.s. gives 1.3 or so billion dollars to egypt. saudis and emirates and qatar is talking about giving up to 12 billion. back to you. jon: leland vittert thank you. let's talk about aid and some other. the crisis in egypt is seth up tough policy choices for president obama and it appears the u.s. administration is going in a different direction from some of our middle east allies. many of them don't appear to be on the same page that we are when it comes to dealing with the violence. bret stevens, foreign affairs columnist at "the wall street

journal" writes in an op-ed today, quote, politics in egypt today is a zero-sum game. either the military wins or the brotherhood does. if the u.s. wants influence it needs to hold its nose and take a side. bret stevens joins us now. the side we should join, you say, is with the generals, military, who have taken power there? >> absolutely. and we shouldn't just be, sort of closing our eyes what we're doing. we want them to succeed. we do not want a theocrat i can muslim brotherhood coming to power and being able to complete the dictatorship they were trying to install in egypt before they were deposed. that would be a disaster for our interests and a disaster for our interests if we alienate the egyptian military, they turn to the russians and say, let's buy your jets instead. >> you hear the people moaning, oh, they squashed democracy there. the military has taken power in a coup. >> i wish one of the options on

the menu here were egypt become as swiss-style parliamentary democracy where everyone gets along in civilized way. that is not an option in egypt. we can have attitudes towards egypt and absolutely by ail means condemn the violence. let's understand that these are two parties that realize they're in a death match with one another. who do we want to see win? it is either going to be the brotherhood or it is going to be the military. you can't put a mongoose and cobra together and think, they will cooperate. they won't. jon: in your column you suggest there's a difference between an attitude and a policy and the administration seems not to know the difference? >> right. it is easy to make pronouncements or say we don't want to get our hand dirty by taking a side in egypt. you can keep your hand clean but the result of that the united states will have zero influence in the country that is the largest arab country in the world. that has huge influence. that is connected to the peace

and security of israel and rest of the neighborhood. syria's bad enough. do we want a second civil war or another theocracy establishing itself in egypt? i would say that is an insane american policy. jon: when it comes to our allies, israel, the saudis seem to be going another direction. they seem to be tacitly supporting or out right supporting the military. >> each for its own interests. of the israel has an interest maintaining large neighbor that is not theocrat i cannily not committed to its destruction. whose leader does not call jews the descendants of apes and pigs. saudi does not want a iran growing up on its other border. those are sensible positions. what we seem to do is pursuing not really policy but attitude about our own moral self-regard, not our interests in the region. jon: bret stephens, "wall street journal" check out his piece and online and in the hard copy version.

bret stephens, thank you. patti ann. patti ann: as cost of higher education has risen astronomically so has the amounts students take out in in student loans. we'll talk about the sobering numbers and how it may be impacting college students. yankees slugger alex rodriguez is back in the news. why he is about to sue a member of his own yankee organization coming up. [ female announcer ] research suggests cell health

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jon: here's a strange story. a gun found during a traffic accident has been linked to double murder that police are already investigating in connection with former new england patriot aaron hernandez. police found the gun in the wreckage of one of the vehicles in springfield, massachusetts. they say ballistics testing links it to a 2012 double murder outside of a boston bar. so far hernandez has not been

charged in connection with that investigation. he is however, as you know, facing murder charges for allegedly shooting and killing his friend odin lloyd back in june. he has pleaded not guilty in that case much. patti ann: yankees slugger alex rodriguez is reportedly now trying to take a legal swing at his team's doctor. espn reporting that a-rod's legal team is preparing a medical malpractice suit claiming the doctor misdiagnose ad hip injury during last season's playoffs. rodriguez eventually had surgery on the hip and only recently began playing baseball again a few weeks ago. this comes as he appeals a 200 plus game suspension from major league baseball for alleged doping. jon: brand new numbers on the cost of college. a new study finds prices are on the rise sparking a big jump in the number of students getting financial aid. kelly wright is live in washington. so, what are the obama administration and congress doing to address the rising cost of college, kelly?

>> reporter: well, jon, congress is obviously looking at it but the president recently signed a law that restores lower interest rates for college students who need to get a loan to pay for college. 18 million students will benefit now from that law that offers $106 billion in loan money. a new study from the national center for education statistics shows that 71% of all undergraduates received some type of financial aid. 59% received grants. 42% took out student loans. 6% received aid through work study jobs. 4% received veterans benefits and 5% have parents who took out federal direct plus loans. but this law, as we know is only temporary. it is linked to the financial markets. so as the economy improves it is likely that interest rates could rise which raises the cost for students. education secretary arne duncan is concerned about colleges choosing to keep raising their tuition costs. duncan states, all of us share responsibility for insuring that

college is affordable. we need state policymakers and individual colleges and universities to do their part in taking action against rising college tuition. jon? jon: what other proposals or plans does the president have? >> reporter: haven't received any specifics from the president now. we know he is going on a two-day road trip to talk about the skyrocketing costs. education secretary arne duncan added everyone shares responsibility in making college affordable. because of that a lot of families out there are looking for ways to make ends meet to get their kids to college. the white house says the president is planning to propose some ideas that republicans and democrat lawmakers can agree on in making sure that college is affordable and accessible to middle class families throughout the country. >> so we need to make sure that the, that more middle class families can get access to college education and frankly families trying to get to the middle class also have a chance

to afford a college education. >> reporter: so, jon, the bottom line the president will start the two-day road trip on thursday to talk about making college more affordable. we'll probably hear specifics unveiled a little before that or because he unveils that plan. jon: i have one in college right now. i can attest. >> reporter: i've got one, two. jon: i've got one yet to count. kelly wright, thank you. patti ann: thousands of acres in the western united states are exploding in flames as wildfires break out across several states. we'll tell you about the massive firefighting effort going on right now. on the other side of the country crews work through the night to put out a huge fire at a recycling plant on the east coast. we'll tell you what happened there coming up. ne. there, i said it. see, i knew testosterone could affect sex drive, but not energy or even my mood. that's when i talked with my doctor. he gave me some blood tests... showed it was low t. that's it. it was a number. [ male announcer ] today, men with low t

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patti ann: fox news alert now. a massive wildfire threat for vast areas of several western states. this map shows just how widespread the problem really is. major fires now burning in nine states all the way up the west coast. the largest remaining in idaho. the beaver creek fire which is threatening several small resort towns is only 8% contained. thousand of national guard and firefighters are doing everything they can to save people's homes. >> that's why i joined the national guard, to be able to help people in times of need. this just gives me that opportunity. >> love it. gives you a feeling of purpose, drive. you have wing men that you want to, you want to help out and then you have your country you want to help out and then you have your state you want to help out. patti ann: adam housley is live right now in our west coast newsroom with the latest. hi, adam. >> reporter: hey, patti ann. it already has been quite a busy fire season out west. there are still several months to go.

we have information about the main fire burning in idaho. there are a number about fires burning in idaho and a cross a number western states. beaver vehicle fire is 9% contained. it has burned more than 106,000-acres. so far it has cost more than $11.5 million. some residents, there is good news this morning. some residents have been allowed back in. there are still 2000 homes undermannedtory evacuation. the weather is better. the winds are not gusting as much. temperatures are not as high but there is still a red flag alert across much of the region until late in the day on thursday. there are 1749 firefighters on the scene there battling just this one fire. there are fires across the west. there is a fire in yosemite. there is a fire near yellowstone. there is a fire in beauty county, in northern california, in colorado. the other major fire is burning in oregon authorities are worried b it burned 6400-acres

along the columbia river george. it is only 10% contained. only evacuation of 50 or 60 homes. not nearly as large around the order in idaho. still a big fire and one they're worried about. there are a couple in that region of oregon continue to burn as well. this fire started in montana as well as in arizona in yarnell. as you can see, patti ann, very, very dry conditions across the west of the much of the west is dealing with drought. now you have red flag conditions in, it is very long fire season so far and we still have several months to go, patti ann. patti ann: adam housley live on the west coast, thank you. jon: incredible video out of new jersey. a massive fire at a recycling plant in jersey city, sending flames shooting into the sky. the fire broke out monday at sims metal managing company plant. it raged all night long. fire officials say no one was hurt thankfully. the cause is now under investigation. patti ann: the fort hood

massacre court-martial resuming today. the prosecution is getting set to rest its case against major nidal hasan accused of killing 13 people. we have the latest inside the courtroom coming up. very disturbing news out the japanese nuke plant damaged in the massive earthquake and tsunami more than two years ago.

patti ann: we have new information now on this new york city cab that hit a curb, basically right outside our

building here in midtown manhattan. it was a very serious accident as it turns out. according to the fire department three people were injured. one of them is critical at bellview. apparently this taxi first hit a male cyclist and then the cab accelerated, jumped curb and hit a woman. we're hearing tv personality dr. oz was on the scene an helped treat the injured. we have three injuries that we're following for you. we'll give you more information as we have that. jon? jon: the fort hood shooting court-martial resuming today. the prosecutors set to call their last witness to the stand before they rest their case. then major nidal hasan who is acting as his own attorney will start presenting his defense. he has admitted to killing 13 people and wounding dozens of others at the texas army base in 2009. casey stiegel is live in fort hood. he has more for us.

casey. >> reporter: jon, how elaborate of a defense major hasan plans to amount is unclear but today the judge reminded him he is not allowed to make any statements at all if he chooses to testify. instead he has to ask himself questions and then he has to answer those questions. so, if he chooses to take the stand, that could be interesting/bizarre to see since it has to remain in that q&a format. now there's also a bit of confusion i got to tell you surrounding the witnesses major hasan has planned to call. originally and all along we have been told he had two on his list but yesterday we learned that he has taken one off. then, the circus continues. this morning the 42-year-old army psychiatrist, acting as his own lawyer told the court he had taken the second off. so it appears, at least, he is no longer planning to call his own witnesses to the stand though the judge has ordered them to still appear in case he

changes his mind yet again. also this morning we heard that there were exterior photos taken of the attack in progress. there was a graduation that afternoon at a nearby theater and the photographer that was hired started snapping photos when he heard the gunshots. stephen bennett testified he saw the gunman casing the building and even saw the weapon. he told the court how the suspect told him, it was a paint ball gun and that he didn't need to worry about it. he was involved in a training exercise. bennett's photos were showed to the jury which showed a man holding a gun. a few minutes later he captured images of hasan laying on the ground just after he had been shot by police officers who responded to scene. jon, this was the first time we heard of these photos even existing. so new information coming out all the time as this week 3 of court-martial continues. jon: so difficult for the families and the survivors.

casey stiegel, thanks. >> reporter: it is. patti ann: for more on this right now let's bring back our legal panel, lis wiehl, fox news legal analyst and doug burns, former prosecutor and criminal defense attorney. and we want to mention a pretty big ruling that came down yesterday. the judge saying the prosecution can not present a lost evidence they were planning to present showing hasan's motive was jihad terrorism. the judge, colonel osborne saying the evidence would cause unfair prejudice above its value proving murder. >> the prosecution doesn't need motive evidence in. from a 2003 horrible rampage. we're talking 10 years ago, a long time and distance. and it would be an appellate issue. he will be predicted i predict. he will look at a death sentence. the last thing prosecution really needs, i think judge did them a favor, this issue on appeal. keep it off the appeal. they don't need to show motive. patti ann: lead prosecutor, colonel steve hendrix promised in the opening statement he

would prove that hasan believed he had to murder soldiers with his jihad duty and he would present evidence that he related to this 2003 case of a muslim soldier who was convicted murder. >> they don't need is. >> to put what lis is saying in slightly different way, she is so right, the judge make as calculated decision as to something like that. here it will not be needed. he will be convicted regardless so why create an issue on appeal. that is exactly right the other thing the judge engages in a balancing test. if it is probative that's fine but is it outweighed by undue prejudice? it gives the judge a chance to say under that standard i'm keeping it out. >> i'm keeping it out and keeping it clean, i will keep the record clean for the prosecution. patti ann: right. this case is judged by a jury of military officers as we heard from casey stiegel. he will be interrogating himself possibly. >> it will be bizarre, patti ann. when he gets -- he is not bringing any witnesses. apparently he will bring two witnesses to tell a fuller

story. they will say i was shooter but tell a fuller story. right, let's assume that is not going to happen. then he will take the stand of the well, the reason that has to be q&a, hear's why. it gives the defense then an opportunity to object to the question. if he is just allowed to take the stand and ramble on and soliloquy after soliloquy they have no, prosecution doesn't have time to object. >> since the defendant who take as witness stand can't just engage in a narrative, right? >> right. >> they have to do it in such a fashion that takes way it should be. he by the way has the trial advisors? normally if he wouldn't have hostile again today advisor would do questioning. you follow me? basically a situation where they use the third person. what did mr. hasan do at that point? then hasan himself says, i did this and i did that. i tried three cases believe it or not as federal prosecutor against defendants representing themselves. they were tax cases. but in those cases advisors did

questioning. >> at least these advisors, they're appointed -- patti ann: they say this guy wants the death penalty. he wants to be a martyr. is justice served if he gets what he wants? >> well, i wonder if he is just crazier than we all think because if he is saying i want -- >> reverse psychology. >> i want the death penalty, we all know when a defendant asks for something not necessarily what they're going to get. just because you say you want the death penalty doesn't mean you will get it. >> remember jody arias after conviction? she goes, i want to be put to death. she goes a day later, whoop? it was reverse psychology gambit. if that is what i want they won't give it to me. patti ann: i don't think it was reverse psychology or just plain out crazy. doug burns, lis wiehl, thank you both as always. >> of course. patti ann: jon? jon: engineers in japan are trying to figure out what to do about a leak of highly contaminated water from a

damaged nuclear plant. it is coming from a storage tank at the fukushima nuclear plant which you might recall was heavily damaged in the march 2011 tsunami. david piper is streaming live from bangkok, thailand with more. david? >> reporter: hi, jon. there have been radioactive leaks at the fukushima plant before but this seems to be much worse. japanese officials are describing it as a level one incident. this is lowest level on rank of scale of radioactive incidents but this is the first time japan declared such an event since the 2011 earthquake and tsunami. calling systems at three of the four rye actors at the plant were knocked out by a massive tsunami in 2011. since the then the plant's owners, tokyo electric power have constantly pumping water over reactors to keep them cool. according to tokyo electric an employee discovered a leak on monday morning. the power company says this is the worse so far in terms of

volume. 300 tons of contaminated water have been discovered. and it is also highly radioactive. with levels in the water about eight million times above safe drinking levels in japan. general manager at the plant says that they found radiation levels strong enough to give someone a five-year dose of radiation within one hour of. now just four tons of this water has been recovered so far. workers at the plant are now trying to stop the leak as it is feared the rest of the contaminated water could leech into the sea which is only about 100-yard away. the official told a news conference, that the water leaked from a tank after escaping a concrete barrier. contaminated water is held in hundreds of tanks around the plant. now tepco reports no major changes in radiation level outside of the plant so far. this incident comes days after they admitted that as much as

300 tons of contaminated water have been pouring into the pacific every day, coming through the hill and through the plant. now the japanese government has said they will stop the leaks. one of the proposals, jon, is to freeze the land around the plant to stop that water getting out. back to you. jon: david piper live from bangkok. what a mess. thank you, david. patti ann: a multimillion-dollar b 1 bomber crashes in a remote section of montana. we'll have the latest as the air force tries to figure out what caused the plane to go down. texas senator ted cruz now admitting he may have dual, u.s.-canadian citizenship. what he plans to do about that amid rumors he is considering a white house run. good job!

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jon: new developments to bring you in the b-1 bomber crash in montana. an air colors commander is thankful the four crewmembers were safely able to eject. the plane crashed in a remote area southeast of billings. two pilots and weapons officers were taken to a hospital but their injuries don't appear to be life-threatening. the air force will conduct a thorough investigation. b one bombers cost more than $280 million apiece. the one that crashed was based in south dakota. patti ann: texas senator ted cruz says he will renounce his canadian citizenship. the tea party favorite acknowledging he may have had dual citizenship since birth because he was born in albert can, canada because he was born to an american mother. he may be considering a white house run in 2016. carl cameron joins us live from washington with the late e. hi, carl. >> reporter: freshman u.s. senator from texas was born in

calgary in 1970. because of the canadian citizen ship act of 1947 they consider him a citizen who can vote up there and run for political office if he wants to. give inch all the controversy surrounding president obama's birth certificate and cruz has spent a ton of time on the 2013 gop presidential campaign this controversy if it is such a thing might have been get been inevitable. he is getting rave reviews in the senate. he will visit new hampshire this friday. his aides provide ad copy of the birth certificate. his father was born in cuba, he was an engineer and his mom was born in delaware where cruz grew up. cruz said, because my mother was a u.s. citizen born in delaware i was a u.s. citizen by it b i never have taken affirmative steps to claim canadian citizenship. i may technically have dual citizenship. assuming that is true, sure i will renounce any canadian citizenship. nothing against canada.

i'm an american by birth and u.s. senator i believe should be only an american. cruz and most lawyers cite among other things the 1940 u.s. nationality act to say as the child of a u.s. citizen cruz is too. he has been in the senate for eight months. it's a feisty brand of tea party conservatism. that got him a ton of tanks. some might think he might be peak peeking too soon and making too much noise too early in his senate career. the truth of the matter this is attention. cruz has shown himself very skilled at getting it as a conservative tea party favorite in the senate. it will bring more and he thinks he has a ironclad case for his he will to be -- eligibility to president so it may not be bad at all, patti ann. patti ann: carl cameron in washington thanks. jon: the soldier who admitted killing citizens in afghanistan is before a military jury facing survivors of his massacre as well as his victims families. what he will learn about his sentence today. we are live with that story.

amazing pictures of jewelry made from ancient art at this fact the from egypt. they are 5000 years old and you won't belief where the beads came from. details are coming up. ahhh let's leave the deals to hotels.com. perfect! yep, and no angry bears. up to 30% off. only at hotels.com.

jon: just into the fox newsroom, an update on the aftermath of that cab accident outside our studios. a policeman on the scene tells our rick leventhal that it could have been much worse the yellow cab that you see there apparently struck a bicyclist. then for unknown reason took off at a high rate of speed. it is now perched on a vehicle barrier really on the sidewalk there. that is designed to keep vehicles away from one of the big bank buildings in our neighborhood here in midtown manhattan. but, after hitting that cyclist the cab also apparently hit a bomb who was pretty badly

injured. a third person refused medical attention. the woman we understand was taken to bellevue hospital and is being evaluated for some very serious injuries but we don't know exactly what her condition is. we'll learn more throughout the day and bring it to you as events develop. patti ann: new court action right now for staff sergeant robert bails, the american soldier who pleaded guilty to murdering 16 villagers in afghanistan during a nighttime attack last year. he already receive ad life sentence in a plea deal that avoided the death penalty. that outraged survivors of the massacre and relatives of the victims. some are expected to face bales at today's hearing where a military hearing will decide if he gets possibility of parole. dan springer is live from joint base lewis-mcchord in tacoma, washington. hi, there, dan. >> reporter: hi, patti ann. we've learned that nine afghan

villagers made the trip to joint base lewis- telling jurors how robert bales murder rampage affected their lives. bales escaped the death penalty by pleading guilty june of last year to 16 counts of premeditated murder. the only decision for the jury is whether he should be eligible for parole in 20 years or not. even before the jury was empanelled today, bales suffered a set back when the military judge ruled the government could play a tape of a phone conversation between bales and his wife in which he apparently laughed about the charges. bales's defense attorney will argue he was suffering from posttraumatic post-traumatic stress disorder and a brain injury after four deployments. bales also had been dripping that night and had been using steroids. many of the victims were women and children. the survivors were outraged when the death penalty was taken off the table. we're told the sentencing could last all week and the government only has to get 3/4 of the jury

to agree with its position that bales should never be free again. pat aye ann? patti ann: dan springer, live in washington state. thank you. jon: the first family welcome as new member of the family. a new puppy now roaming the grounds of the white house coming up. [ bottle ] okay, listen up!

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that bo, the original white house dog has a partner to play with. they named her sunny because she is cheerful. >> i have a boxer named winstop. >> and the egyptian artifacts date back 5,000 years and the beads on this is out of this world. they were not made from iron but remnants of meterites. they used gamma ra ys and predated the discovery of iron- ore 200 years. >> they were an impressive civilization for sure. >> you, gen has been out with

hip surge row. maybe to which exercise. we wish her the best. america live starts right now. we begin with a fox news alert out of washington where we are awaiting a decision to give a pass to the people who were held in any way to the benghazi terror attack. i am shannon in for megyn kelliy. they are holding briefings and questions are on secretary of state kerry's decision to left four state department employees to return to work. they were on leave by secretary of state clinton. none of those staffers breached their duty or should be foured. it raises serious questions over the investigation and if any one

anywhere will be held responsible for the deaths of the ambassador and three americans. joining us radio talk she host guy benson. guy, welcome. your reaction for the news? the secretary of state kerry said the four are ready to return. >> it is an eyebrow raiser to say the least in regard to the benghazi saga investigation. the only four people held responsible in any shape or form by the u.s. government for what happened that night, they have all been cleared and given reprieves and as of today reinstated on the job. you will remember that secretary clinton used the a rb, the administrative review board internal report from the administration to come down with the disc