wager on world series, are you cool with that? martha: little pushed into. i'm on board and root for the red sox. bill: i don't want to push you. you have clam chowder on the line. martha: i can't lose. have a good weekend. "happening now" starts right now. >> right now, brand new stories and breaking news. >> with critics of obamacare website calling for her head, a defiant kathleen sebelius says she doesn't take orders from anyone except the president. explosive new documents released in the jonbenet ramsey murder investigation. why prosecutors decided against charging the little girl's parents jon: dna tests confirming the

identity of a baby girl in greece. it is haul happening now. health and human services secretary kathleen andersen dress addressing calls for her work on the health care website fiasco. i'm gregg jarrett in for jon scott. >> i'm patti ann browne in for jenna lee. she is in texas to promote the health care overhaul. yesterday she blew off demands to step down. >> majority of people who are calling me to resign are people who i don't work for and do not want this program to work in the first place. i have had frequent conversations with the president and i committed to him my role is to get the program up and running and we will do just that. >> well that hasn't stopped the drumbeat of complaints or questions about why the system failed so miserably. >> the administration told us they were ready. when october first launch tate they would be ready.

told us that summer, a number of times in terms of formal testimony with the committee in letters and everything else. today we learn this was so compartmentalized, they didn't test the whole system only two weeks before october 1st. so they didn't really have any clue it was going to work or not. >> at yesterday's hearing on capitol hill, lawmakers took aim at the individual mandate, asking how the administration could consider imposing fines when the system itself down work right. >> two weeks before enrollment began hhs's insurance czar told us that consumers could go online, shop and enroll on october 1st. not true. we were promised a website where people could easily compare plans and costs. $500 million later we find the american public have been dumped with the ultimate "cash for clunkers," except they had to pay the cash and still got the

clunker. >> everyone has a responsibility to get health insurance. we expect people to observe that responsibility but i can not see that anyone's going to be penalized under the law if they have not been able to buy health insurance during this time where they have not had access to the exchanges. >> well, a collision of en10 democratic senators is now calling on secretary sebelius to extend the deadline for open enrollment. many of those senators facing re-election next year. meanwhile west virginia senator joe manchin says that is not even enough. he wants to delay the individual mandate for anker tire year. chief political correspondent carl cameron is live in washington now. hi, carl. a couple weeks ago republicans were back on their heels because of the shutdown, now democrats under fire? >> reporter: oh, sure. hi, patti ann. the affordable care act blown rollout has democrats an the white house on defense and pushed the government shutdownls

and it was hurting republicans but gop was divided over tactics couple weeks ago because of shutdown and they're united around the failures of healthcare.gov. as you say a handful of senate democrats facing tough reelections who oppose delays, even negotiating a couple weeks ago already blinked. jeanne shaheen of new hampshire urged the president to delay the deadline. mark begich of alaska, kay hagan of north carolina, mark pryor of arkansas all signed on. they're some of the most vulnerable democrats in the country. here is some heat they face at home. >> mark pryor supports obamacare. even lately he is more extreme. he voted against any delays. when he had to stop the special deal for members congress he voted no. with mark pryor, it is obamacare or everyone else but not for him. >> reporter: there are several other democrats up for re-election including mr. udall of colorado who went along.

two democrats not up for re-election. liberal connecticut senator richard blumenthal and moderate senator, joe manchin want new legislation. sponsored with john any isakson of georgia to delay the individual mandate a year. >> you look at the 11 days of the shutdown, and compare that to how many days we're going to be watching these critical obamacare rollout stories. something tells me the critical stories about obamacare rollout will last a lot longer than 17 days. >> reporter: in fact we've already been told by computer experts this thing could go on for months as they try to rejigger the actual sign-up and enrollment. sabato hurt republicans and helped democrats politically. gop needs to pick up six seats in the senate, in a second year presidency that is historically get progressively worse of party in power in the white house and obama white house is seeing a

preview what will happen next year. patti ann? jenna: carl, thanks. jon: monica crowley, good to see you. it was a bludgeoning on capitol hill on the first congressional hearing for obamacare. conspicuously absent, kathleen sebelius. by the way, members of congress and congressional committees have been trying to get her to come down to the capitol building and testify about obamacare since august. she has refused or declined. and she was a no-show yesterday as well. what do you make of that? >> yeah, i noticed that, gregg, when i was watching hearingings yesterday at fox. nobody from hhs, including kathleen sebelius was on the seen to make herself available to answer questions. that tells me nobody really knows what to say at hhs there are no, there are no explanations here to be had of. >> and contractors pointing the finger of blame at hhs. >> exactly. it was an epic buck-passing session yesterday.

look they don't want to be in the position of actually blaming the client. the client here is the obama administration. it is hhs. it is the federal government. so they were diplomatic. look they will not take the heat for this. they were given an impossible task, number one and not given any guidance, no direction from the folks at hhs or in the obama administration about how to actually carry this out. jon: yeah. i want to turn to a couple fox news polls. look at first one. it is directly about obamacare. came out a couple days ago. 60% think obamacare is a joke. majority used disparaging terms to describe it. monica, if the federal exchange takes weeks or months to fix, if it can be fixed at you will, i mean those bad numbers on obamacare will continue to grow? >> yeah, absolutely, gregg. obamacare had one chance to make her first impression and team obama has blown it. they know they have blown it. what you're looking at here are peak numbers for obamacare.

it has never been popular. when you same, open a movie for example the opening weekend is critical in terms of box office receipts? it is the same thing here. we've seen last couple weeks an implosion of the entire program. the website is obamacare. what you will see in an increase the number of people who think the program is unpopular and should be repealed. that it is damaging their health care. and their own personal situations an the costs to them, so look, i think it is about as popular now as it is ever going to be and that is not saying much. >> let me broaden the picture out a bit. these are new foxes into polls. these on the screen came out just last night. almost 3/4 of the voters are dissatisfied with the way things are going in the country and whomever holds the white house usually gets a large share of the blame. but even more striking is in this next one. look at this. democrats, satisfaction with the

direction of the country is down a whopping 36 points in the last year alone, october to october. what does that tell you how much of that do you think is obamacare? maybe the rest of it is sort of, you know the economy is not booed? >> yeah, i think gregg, important number direction of the economy and direction of the country overall i think there are a lot of factors coming in here. the state of the economy. the fact a lot of people see establishment on both side of the aisle really failing us. obama especially number of democrats dissatisfied with the way country is going. socialized medicine what you're seeing with obamacare is dream for the left for decades. they were finally able to get it under president obama and the whole thing is imploding. i think there is lot of frustration among the left and democrats, look we waited so long to get this done and now you will reside over something collapse and damage leftism and

liberalism and statism for decades to come? come on, guys, get it together. jon: i'm almost out of time here i want to you react to carl cameron's report that a whole bunch of democrats going the other direction and we need delays on the enrollment and deadlines and penalties. what do you make of that? >> very ironic given the fact, ted cruz, mike lee, republicans in the senate and house of representatives tried to work diligently to get this done. tried to first defund obamacare and tried to delay it. now you have democrats taking a look at implosion on the website situation. taking a look at acute pain being hurt, being felt by their constituents, hearing about it from their constituents and looking at poll numbers, gregg, they're saying you know what, maybe a delay is not such a bad idea. >> run in the other direction. monica crowley thanks. >> thanks to you too.

>> fox news alert a short "time" ago a colorado judge released the findings of the 1999 grand jury investigation into the murder of jonbenet ramsey. the little girl you may recall was found budge johned to death in her family's home in colorado the day after christmas back in 1996. well these documents which we now have confirm that the grand jury did vote to indict both parents on felony counts for jonbenet's death. the district attorney never did charge them, citeing a lack of evidence. this report has been locked up for years. it was only released after a lawsuit from a colorado reporter. and again, we're going to break down this indictment in detail just a short time from now with our legal panel. that's coming up. another fox news alert now. pirates kidnapping two americans. the two men were taken after their oil supply ship was stormed off the coast of nigeria. and now, one pentagon official says the pirates may have been looking specifically for

american hostages. national security correspondent jennifer griffin is following the latest on this investigation from the pentagon. hello, jennifer. >> reporter: hi, patti ann. well the nigerian navy reportedly has ordered a rescue operation of the two american hostages. the captain and the chief engineer of the u.s. flagged vessel, the sea retriever. the private supply vessel that was hijacked by pirates on wednesday the two american hostages are now thought to have been taken ashore by the pirates. the 222--foot ship which is owned by a louisiana-based company was operating in the gulf of guinea off the coast of nigeria, part of the booming oil industry there. in the last year alone, 32 pirate incidents have taken place in these waters off west africa, a shift away from the east coast of somalia. >> our principal concern now is the safe return of two american citizens. >> reporter: bruce paulsen has been involved in more than 40 hostage negotiations with pirates and led a 2009 ransom

negotiation with somali pirates that freed 28 kidnapped crewmembers of theil tanker in exchange for one million dollars in ransesome money. at its height off the coast of somalia four years ago, pirates were bringing in $300 million a year. >> at this point off nigeria armed guards are not permitted. may be with the somalia situation those laws change. when ship owners started shooting back in somalia, piracy virtually ended. >> reporter: that was turning point after high-profile cases such as captain phillips and the ship alabama, they allowed crews to arm themselves. they are monitoring latest kidnapping of two u.s. citizens. they say they are in contact with the kidnappers, patti ann. >> jennifer griffin thanks so much live from washington. we have more coming up with peter brookes. we'll look at it in depth.

>> a day of family fun goes terribly wrong as five people are injured on a state ride at the state fair. what investigators now say went terribly wrong. more dramatic testimony of in the trial of a utah doctor accused of murdering his wife. martin macneil's mistress set to take the witness stand. the latest from provo, utah. prilosec otc gives me zero heartburn. and zero heartburn is awesome. just like zero cutle. and you can't beat zero. [ male announcer ] prilosec otc is the number one doctor recommended frequent heartburn medicine for 8 straight years. one pill each morning. 24 hours. zero heartburn.

gregg: right now a live look inside a utah courtroom where a doctor on trial for the murder of his wife. martin macneil is accused of killing michelle mcneil while recovering from cosmetic surgery. prosecutors say he gave husband wife a dangerous cocktail of prescription drugs and helped her into a bathtub where she died. well the trial resumes today with much anticipated testimony from mcneil's mistress, gypsy willis is her name. prosecutors hope to prove that

mcneil plotted his wife's death to carry on the affair with her. this after very damaging testimony mcneil's daughters who believe he is guilty. rachel mcneil testified that his father made jokes about being single on the day of their mother's funeral. we'll bring you the very latest. patti ann: flue information on an accident at the north carolina state fair. five people up injured, two of them seriously when a ride malfunctioned as they were getting off. investigators wrapping up a news conference moments ago and jonathan serrie live from our atlanta bureau with the latest. hi, jonathan. >> reporter: hi, patti ann. what we learned from the news conference the cause of the accident remains under investigation however witnesses say what happened on this particular ride, a ride called the vortex at the north carolina state fair. the ride suddenly restarted while passengers were in the process of off-loading. today investigators are looking

at ride to determine whether there were any mechanical issues involved. this morning north carol line labor commissioner cherie berry addressed the safety of the other rides at the fair. listen. >> we have a 100% in north carolina which means that notice that ride is 100% in compliance with the manufacturer's specifications to operate, we won't let it open in north carolina. i have full faith and confidence in the rides operating today. this is one incident. i hope it will not dampen the spirit of this fair or the public spirit for coming out to enjoy it. >> reporter: so, the fair and the rest of the rides remain open under normal operating hours however this one particular ride, the vortex, is still shutdown as it undergo as thorough inspection. the last fatal accident at the north carol line state fair occurred 11 years ago. it involved a ride called the

pendulum. the operator slipped in front of the ride and was struck by the legs of one of the passengers, knocking him off the podium. that investigation ruled that it was an accident but the investigation into this latest situation is still ongoing. patti ann? patti ann: jonathan serrie, live in our atlanta bureau. thank you. >> reporter: certainly. gregg: we are now learning just how close jonbenet ramsey's parents may have come to being charged in her death. we're going to break down the results of a grand jury investigation kept secret for years until now. plus, police discovering what could be the beginning of a disturbing trend among criminals, gun parts made of plastic from 3-d printers. [ woman ] when you own your own business,

it's a challenge to balance work and family. ♪ that's why i love adt. i can see what's happening at my business from anywhere. ♪ [ male announcer ] now manage and help protect your small business remotely with adt. arm and disarm your alarm, watch secure video in real time, and even adjust your lights and thermostat wherever you are. with adt, you get 24/7 protection through our exclusive fast response monitoring. you can be confident that adt is always there for you. hey, lisa. is that the delivery we've been waiting for? [ male announcer ] and now you can get adt monthly service for your business starting at less than $2 a day. [ woman ] i love the convenience of adt. i can finally be in two places at once. [ male announcer ] call today to get adt for less tha$2 a day. helping protect your business, is our business. adt. always there.

gregg: some international stories we're following for you right now. what began as peaceful protests over education reform in spain ending with, look at this, protesters clashing clashing wie in the streets of madrid. some throwing rocks even flaming garbage cans. police in riot gear eventually disperse the crowds. british police now say they have seized what appears to be gun parts made from a home 3-d printer. this coming after a raid against suspected gang members. forensic specialists are investigating right now but some experts say the parts may be from the printer itself. and a giant rubber ducky, don't you know, the guest of honor at a palace in china. it is the product of a european artist famous for working with

the bath toy. the rubber ducky is currently in the middle of a world tour. patti ann: fox news alert. a judge has released the results of a 1999 grand jury investigation into the murder of jonbenet ramsey and it shows that jurors voted to indict both parents, john and patsy ramsey on felony counts, fatal child abuse and accessory to a crime. you may recall the parents were under a cloud of suspicion for a long time but were never charged in the murder of their daughter. let's look back at the investigation. jonbenet was found dead in the family's colorado home the day after christmas in 1996. a strange ransom note was also found. portions of the autopsy report later showed she suffered serious head gin you areries and sexually assaulted. shortly after the investigation began the police turned investigation to the parents. both john and patricia ramsey denied killing their daughter

but they were not cooperative with the police at beginning. both refused to submit to polygraph tests. after months of pressure they were sit down and separately questioned by the police for the first time. in september of 1998 a grand jury officially launched its investigation. it lasted 18 months and those findings are what were released this hour. however, the district attorney back then refused to charge the parents citeing a lack of evidence and then fashion forward to 2006. jonbenet's mother, patsy ramsey passed away after a long battle with ovarian cancer. in 2009 the boulder colorado, district attorney, different one, wrote an apology letter to john ramsey officially exonerating both parents in jonbenet's death. joining us ashley merchant a criminal defense attorney, dan schorr a former prosecutor. thank you both for joining us. let's get right to what the grand jury had to safety they recommend ad charge of child abuse leading to death.

they did permit a child to be unreasonably placed in a situation which posed a threat of injury to the child's life or health. the jury think john ramsey and separately patricia rendered assistance to a person with intent to prevent discovery, and permission for commiting a crime, knowing the person being assisted and committed and suspected of crime of murder if the first deand child abuse resulting in death. a lot of legal language there but dan what do you make of the recommendation by the grand jury. >> the grand jury is making the conclusion that the parents killed their daughter and tried to cover it up. the grand jury burden of proof is probable cause. that is much lower than the at trial beyond a reasonable doubt. very rare you receive a prosecutor receive an indictment from a grand jury and decide not to go forward. usually prosecutors go to a grand jury if they themselves believe there is evidence meriting a prosecution. this is certainly an unusual case. patti ann: ashley, dan is saying

the implication here that the grand jurors believe possibly one of them killed her and the other one covered it up but they weren't sure which was which, is that your read on it? >> i think it could have been that, but could have been the son did it. the son was in the home or someone the ramsey's knew and were covering it up. what the indictment said to me the ramseys put their child in a position where she could have abused. this could have happened and helped cover it up which means to me they knew who did it and helped conceal with that and wouldn't come forward with the police. patti ann: you're referring to their son burke who was later exonerated by subsequent d.a. sub sale. ly later. think found her wrapped in a blanket in a basement, duck tape around her mouth, cord around her neck, evidence of sexual assault. no sign of forced entry. a ran some note signed a small foreign faction and asking for

$118,000 a strange amount. what facts do you think compelled the jury to indict, dan. >> the facts are important but we don't know what was released led to the grand jury to indict the parents. john ramsey said through an inattorney, if they release the indictment, release the testimony from the grand jury we can see what led to this conclusion and we can note any weaknesses in what the grand jury considered. they did not obviously consider the dna evidence that came out around 2008 that seemed to exonerate the parents. we don't know what evidence the grand jury used. the judge that released this grand jury indictment said the actual transcripts are protected under secrecy laws, because there is not actual finding they can't be made public. patti ann: ashley, dan making great points that john ramsey's lawyer fought against release of 18 pages say it has to be all or nothing. just the summary would be defamtory against him and as dan said, a lot of information has come out since then, dna tests

bolstering the theory that jonbenet was in fact killed by intruder and later d.a., mary lacy saying the ram sits and their son are no longer suspects but should be treated as victims. >> i think that, i would have liked to have seen the rest of the investigation but i understand why we want to protect the grand jury because those folks are doing a very important job a very vital job and what they consider is considered secret. and they don't want to be attacked later on, even their identities are secret. i would like to see what they are. i do think he had a very good point. i would like to see everything put out in the open but i understand why the judge does not want to do that. patti ann: dan, what about burke in all of this? that grand jury indictment only mentions the two parents there. >> right. so as far as we know they just indicted the two parents. we don't know what evidence was presented to the grand jury. they don't know if they were given charges to consider against burke and rejected them.

if this case had gone on towards trial later on the defense would have received a bill of particulars which would outline the specific what is they were accused of doing and what evidence there was and of course there would have been a public trial. so as far as we know there are no charges regarding him but we don't know what the grand jury considered. patti ann: ashley, the last word here. what you expect to come of this now that this is out? obviously a brand new focus on this very old case. >> well, the grand jury could decide to break their secrecy. some of those folks could come out and talk about what they considered if they wanted to. that would be their choice. they could come out and consider that but i think at this point seems as though the case has gone cold. until they take the dna evidence they did get from that little girl and compare it to other suspects i think the case will remain cold. i would love to see them run that against the database growing every day. patti ann: right. ashley, dan, thanks so much for joining us. >> thank you. >> thank you. gregg: well the mainstream media

apparently changing its tone just a bit on the rollout of obamacare. our media panel is here to weigh in on that shift. an international misery is -- mystery is solved. the police identify the ident mother of this little girl. [ woman #1 ] why do i cook? ♪ because an empty pan is a blank canvas. ♪ [ woman #2 ] to share a moment. ♪ [ man #1 ] to remember my grandmother. [ woman #3 ] to show my love. ♪ [ woman #4 ] because life needs flavor.

♪ [ woman #5 ] to travel the world without leaving home. [ male announcer ] whatever the reason. whatever the dish. make it delicious with swanson. [ woman #1 ] that's why i cook.

patti ann: still to come this hour, how is the mainstream media handling the rocky rollout of the obamacare insurance web site? our media panel will break it down. an international mystery solved.

investigators now say they have identified the mother of the little girl known as maria who was found living with an unrelated gypsy couple in greece. and making food safer for your pets, what the fda is proposing after the death of dogs who ate certain treats. gregg? gregg: with a growing chorus of democrats, more and more we are seeing some of the mainstream media moving that way as well, the daily show's jon stewart, usually a fan of the president, ripping the rollout apart. >> apparently, the healthcare.gov web site has 99 problems, but a glitch is all of them. [laughter] the [bleep] calculator doesn't work? [laughter] the one thing that's been included in computers since 1972? [laughter] you couldn't make that work? the point of web sites is to design them so that it is nearly impossible to not sign up for

people. so how are the democrats going to spin this turd? a surge? your web site so [bleep], we have to use the same strategy we used to salvage the iraq war? [laughter] of. gregg: all right. take a look at this scathing headline from the los angeles times, health care rollout under friendly fire, even supporters say people should be held accountable, and parts of obamacare may need to be delayed. we're also seeing some positive coverage, albeit from some liberal outlets, headlines in the daily beast reading this: around the country news outlets are reporting a for positive story as americans of various ages and from all walks of life look into what the newly-launched program has to offer. from the atlantic: slow and steady leads the race, and that's also what happened in the state of massachusetts when it rolled out its plans in 2007. let's talk about it with judy miller, a pulitzer prize-winning

columnist for "the new york times," kirsten from the daily beast. judy, what do you make of the media coverage? >> at last, at last, the media have woken up. in the beginning, gregg, i was afraid that the rollout had it not been such a disaster was going to fall into the kind of fast and furious and benghazi category. and that is that it would be something that conservative channels or conservative newspapers would look at and say, you know, there's more here, but now this rollout was such a disaster that even the president had to admit that he couldn't, quote, sugar coat this and say there are problems in the rollout. now the issue is will the media dig in and say what about the program itself? gregg: kirsten, what about it? the first 16 days of the rollout, you know, was pretty much obscured by all of the --

>> right. gregg: -- the mass coverage of the government shutdown. how about now? >> well, i feel like as soon as the shutdown was resolved, we started to see the front page coverage of what was going on with obamacare, and it's been pretty critical, i would say. i think that the local news outlets that are doing some of the positive coverage are probably talking about the state exchanges which are different. gregg: right. >> they're actually functioning, most of them are functioning versus the federal exchange which is where they're having the so-called glitches. so i think that the coverage has been pretty accurate in terms of being critical of that federal exchange. gregg: ezra klein was a columnist for "the washington post" and some other news organization, and he's sort of a fan of president obama, i don't think if you can really call him a liberal or not, he's always an interesting breed, he, you know, called the whole rollout a complete failure, and then he was absolutely ripped by a liberal columnist at salon.

so there's in-fighting, right? >> well, look, there has to be. it's not easy to go against the man that you've been supporting all of this time, and so many in the media have been supporting the president rather than asking the tough questions about his programs. i think, gregg, the criticism now is in two areas. one, it's the issue of transparency. what do we really know about how this program is run? many and, you know, who's in charge of it, and how did they get the contracts. and, two, accountability. you know, this notion that someone who answers a phone for sean hannity and says, yeah, i haven't heard a lot of positive comment about it should be fired but not kathleen sebelius. there's a cut of basic unfairness here. someone has to be held accountable for in this disaster. gregg: "the new york times" yesterday one of the lead stories, obamacare is failing in its promise to lower premium costs in rural areas, they went on to cite a lot of examples about how it's just the opposite, people's prices are

going up and, kirsten, you found that out yourself? >> yeah. [laughter] yeah, my -- i'm in the individual market, i live in d.c., and i went on the exchange because i got the letter from my insurance company saying that i was going to have to buy something through the exchange, and -- gregg: you got canceled. >> well, yeah. i mean, not immediately, it will be canceled next year. gregg: right. but that's a cancellation notice beginning, what, january 1, right? >> yeah, exactly. so, yeah. and mine went up about $150. it doubled pretty much. so now, i guess the administration would say you're a younger person, you're a healthy person, so you're one of the people that are going to have to pick up the costs for this. but the reality is i'm actually not that concerned about my situation. i'm much more concerned about the fact that the president didn't really sell it that way with and that there are a lot of people out there who are living paycheck to paycheck who are seeing increases, especially i'm one person. if you have a family, you know, multiply that times four, that could be the difference between

buying food and health care. gregg: yeah. do you think he deliberately misled people, or e just didn't know? >> no, i think he read his talking points. i mean, the president is not a health care expert. he read the talking points, he said that basically your premiums aren't going to go up. now in parts of the country they are, but the issue he keeps coming back to, and i think it's a right one, is i wanted to provide coverage for people who don't have it now. that's a part of the story, too, that people have to look at. are those people signing up? gregg: i've got to go, kirsten, judith, good to see you both. >> thank you. >> thank you. patti ann: well, their owners are left grief stricken as hundreds of dogs die after eating tainted jerky treats. the feds are taking action. the proposed new rules that could save your best friend's life. ♪ ♪ it's a growing trend in business:

do more with less with ss energy.hp is help. soon, the world's most intelligent servers, designed by hp, will give ups over twice the performance, using forty percent less energy. multiply that across over a thousand locations, and they'll provide the same benefit to the environment as over 60,000 trees. that's a trend we can all get behind. jim, i adore the pool at your hotel.ver had to make. anna, your hotels have wondrous waffle bars. ryan, your hotels' robes are fabulous. i have twelve of them. twelve? shhhh, i'm worth it& what i'm trying to say is, it's so hard to pick just one of you, so i'm choosing all of you with hotels.com. a loyalty program that requires no loyalty. plus members can win a free night every day

only at hotels.com

gregg: new next hour, a new report suggesting the nsa has been spying on dozens of world leaders. the latest on the surveillance scandal and what it means for u.s. relations with some of our strongest allies. growing concerns over the number of formers flooding into syria to fight alongside the rebels. how it's changing the long and bloody civil war. and why some blame the obama administration. the goodyear blimp is getting an upgrade. a closer look at the larger, faster airships coming up in a live report. patti ann: new developments now in the international search for the real parents of this little girl. we're going to show you, she was found at a gypsy camp in greece with a couple claiming to be her parents, and now investigators have located her biological mother. greg talcott is live in london with that story. hi, greg. >> reporter: hey, patty ann.

yeah, it appears the name of the mystery blond girl appears to be resolved. bulgaria's internal ministry confirming that the gypsy couple who claimed maria was their daughter are, in fact, her biological parents. just a short while ago the dna reports came. >>, they match those of the little girl. maria was found during a police raid at a gypsy camp in greece. suspicions were raised at the time she didn't look anything like the couple who claimed to be her parents, and they had a lot of stories to tell about how she came into their possession. and so they were charged with child abduction. this raised a lot of interest all around the world, including in the united states that perhaps the little girl might have been the victim of a child trafficking ring. in fact, what the greek couple had claimed could be roughly correct, that is that they got the child from a bulgarian woman back in 2009, and she claims she

couldn't afford to keep the child. the question remains, however, how exactly they got the child, whether the child was, in fact, sold by one coup to l to the ore couple. the greek couple has been held in prison, they are looking into whether they're going to press charges against this bulgarian couple, and as for little manufacture ya, i have -- maria, i have am told she was in the hospital being at leasted and tested, now she's in a greek children's charity home in the athens area, and, in fact, we have to say, again, that she's fine, but her future is a little bit uncertain right now. back to you. patti ann: greg talcott live in london, thank you. gregg: the food and drug administration is proposing new rules to make pet food and animal feed safer. the proposed rules would require those who sell pet food and animal feed in the united states including importers to follow certain sanitary practices and to have detailed food safety plans. all of the manufacturers would have to put individual

procedures into place to prevent their food from becoming contaminated. those new rules could be helpful investigating incidents of pets getting sick or even dying from tainted food or treats. patti ann: vets helping other vets cope with those hidden injuries, how a trip to the holy land is helping some of our nation's heroes deal with post-traumatic stress disorder. and the fda wants to crack down on the abuse of prescription painkillers, but some doctors are warning some proposed new rules could hurt patients suffering from. [ woman ] if you have the audacity to believe your financial advisor should focus on your long-term goals, not their short-term agenda. [ woman ] if you have the nerve to believe that cookie cutters should be for cookies, not your investment strategy. if you believe in the sheer brilliance of a simple explanation.

[ male announcer ] join the nearly 7 million investors who think like you do: face time and think time make a difference. join us. [ male announcer ] at edward jones, it's how we make sense of investing. female narrator: it's posturepedic versus beautyrest it's posturepedic versus beautyrest with up to $400 off. serta icomfort and tempur-pedic go head-to-head with three years' interest-free financing. mattress price wars are on now at sleep train. ♪ your ticket to a better night's sleep ♪

patti ann: right now a group of american veterans taking a potentially life-changing trip to israel. the all expense paid adventure

is part of a ptsd management program provided by a charity called heroes to heroes. rick leften that would is here now with more on that. >> reporter: there are hundreds of thousands of combat veterans with deep emotional scars at greater risk for suicide, so the charity heroes to heroes is trying to help by sending ten vets to israel each year on a spiritual journey. one says he still finds himself looking for roadside bombs just like he did in the war zone. >> at night they would dig up potholes, put something in there and pave it over, so, okay, look out for fresh asphalt. and, i mean, new york is riddled with potholes and fresh asphalt, so even that consciously you know that no one's here actively trying to engage you, but you still look at it. >> reporter: well, just a few days into his israeli adventure,

keith has visited military treatment facilities in some of the holiest sites on earth, and he tells us he's sleeping better, he's not as nervous, and he has more confidence. we also met ernest bar net, a vietnam veteran part of a k9 team searching for tunnels and enemy blood trails back in 1970. his commanding officer was killed right in front of him, and he lives with that memory every day. >> team leader hit a land mine. they blew him apart in such a bizarre fashion that it made me say that i don't want to go back out into the field anymore. i just -- that wasn't something i was supposed to see at 19 years old. >> reporter: well, barnett says the trip to the holy land has been absolutely fantastic, eye-opening experiences that he says will last him the rest of his life which is part of the charity's purpose, giving these combat vets something positive to focus on that can help heal

their deep wounds. guys? patti ann: what these guys go through for our cup, it's incredible -- for our country. it's incredible. gregg: well, you've heard the cliches a million times, it ain't over until it's over, or until the fat lady sings. well, last night on the ice in boston the bruins showed us why the old saying rings very true. >> lucic barrels into the attack ing zone. chip into the corner, five seconds to go. lucic back to mcquaid, he's got to hurry, scores! eight-tenths of a second left! the bruins outshot 39-17, and they're a going to win it! literally in the last second! gregg: persistence pays, doesn't it? a goal with just eight-tenths of a second broke up the tie, propelled the bruins to a by and handed the sharks their first regulation loss of the season. never give up, huh?

patti ann: play the game. gregg: that's why it's so, so exciting. of. patti ann: it is. live sports, nothing like it. exciting. well, on a much more serious note, a bombshell in the jonbenet ramsey investigation. newly-released court documents show a grand jury indicted john and patsy ram i for child abuse -- ramsey for child abuse resulting in death and being accessory to a crime including murder. gregg jarrett, our lawyer here, he'll be able to interpret that for us along with a panel coming up.

patti ann: a fox news alert, new details coming to light in the murder of john nay ramsey. -- jonbenet ramsey, welcome to the second hour of "happening now." gregg: and i'm gregg jarrett in for jon scott. the murder of jonbenet ramsey fix sating the nation when it happened -- fixating the nation when it happened and for years

afterwards. the results of a grand jury investigation from way back in 1999 into the 6-year-old beauty queen's death three years earlier. alicia acuna is live from denver with more on this. >> reporter: hi, gregg. this is the indictment against jonbenet ramsey's parents that the grand jury back many 1999 -- in 1999 returned to then-district attorney alex hunter. of but the da at the time decided not to take this case to trial. it's four pages, two for john, two for patsy. the most serious charge is child abuse resulting in death. the second charges them both with helping each other. it reads: john bennett ramsey did lawfully and feloniously render assistance to a person with spent to hinder, delay, prevent the discovery, apprehension, conviction, and punishment of such person for the commission of a crime. knowingly, the person being assisted has committed and was suspected of the crime of murder

in the first degree and child abuse resulting in death. it reads the same for mrs. ramsey. the grand jury was in secrecy for 18 months before happening down an indictment. when the grand jurors were done, alex hunter announced no charges would be filed against the parents, but boulder daily camera reporter charlie brennan discovered later that hunter had put that signed indictment in a safe, and it remained a secret until brennan reported its existence in january of this year. >> the charges laid out in this indictment carried a statute of limitations running three years and that we are well past the expiration of that statute of limitations, and so there is no way anybody is going to be arrested and taken to trial on these charges despite this indictment coming to light at this time. >> reporter: jonbenet was 6 years old on december 26, 2006, when she was found strangled to death in the basement of her parents' home. autopsy reports she had also

been sexually assaulted. the ramseys maintained their innocence and said the killer was an intruder. patsy ramsey died of vain cancer back in 2006, and john ramsey remarried after his wife died and lives in las vegas now. gregg: alicia, thanks very much. i'm going to be talking with craig silverman in a moment about this case. patti ann: the white house, meanwhile, facing a new wave of criticism over the troubled obamacare rollout after contractors defended their work to lawmakers on capitol hill and pointed their fingers right back at the obama administration. meanwhile, health and human services secretary kathleen sebelius is resisting growing calls for her resignation. chief white house correspondent ed henry is live at the white house right now with all of this for us. ed, hi, how is the administration handling what is now bipartisan criticismsome. >> reporter: well, patti ann, that's really the key, pardon me, you have jeanne shaheen of new hampshire now saying that

she has nine of her colleagues along with herself making ten senate democrats who want to make changes to the president's health care law, specifically they want to extend the enrollment deadline past march 31st of 2014, that's raising questions about whether they may also go a step further and delay the actual with individual mandate, those fines that would kick in you haven't gotten insurance. so that puts more pressure on the president because meanwhile, republicans like dale issa saying they may subpoena documents at healthcare.gov to see who at the white house knew what was going on, and then you have republicans like joe barton, he says he's looking forward to kathleen sebelius coming in next wednesday, because he has a lot of questions when she testifies. take a listen. >> obamacare's going to be hugely expensive. it's not going to save money, it's going to cost money. and then i'll ask her to support either making it voluntary or delaying it until we get it right. and if we can't get it right, let's repeal it.

>> reporter: and when he says repeal it, that's why the white house has been pushing back on this suggestion from republicans that they delay implementation of the law because they believe the real intention of these republicans is not just delay it in the short term, but repeal it in the medium, long term, but that's a harder case for the white house to make when you've got democrats wanting to see changes as well, patti ann. patti ann: speaking of barton, meanwhile, the secretary -- sebelius -- is in texas right now picking her case? >> reporter: that's right, his home state. she's in texas doing some events, last night in arizona. republicans think it's curious that she was not thing at this hearing that they'd wanted her to testify at yesterday, sec secretary sebelius, on capitol hill. the white house believes it's better to get her talking directly to the american people, she went to a call center trying to show they're trying to improve the situation, and she also made clear last night in arizona she has no plans to step down. take a listen. >> the majority of people

calling for me to resign i would say are people who i don't work for and who do not want this program to work in the first place. i have had frequent conversations with the president, and i have have committed to him that my role is to get the program up and running, and we will do just that. >> reporter: a lot of questions, though, about how long it will take to get this program up and running. there have been some i.t. experts suggesting it could be six months or even a year. that would suggest it's going to take a long time for the administration to turn back the tide of criticism, patti ann. patti ann: for sure. all right, ed henry, live at the white house, thanks. >> or good to see you. gregg: amid all the finger pointing, calls for somebody to be held accountable, those are growing louder. let's bring in andrea tantaros who is host of "the five." what about these calls for sebelius to be fired? you know, mostly republicans, but from a practical standpoint if she resigns or is fired, how do you get her replacement through confirmation with such

acrimony? it's not -- doesn't make practical sense, does it? >> i don't think that she should be fired, gregg. why would we give her a vacation? i really think republicans are missing the mark on this one. i mean, being fired in this administration, first of all, is really tough to do. they rarely fire anybody. but we see what happens to people who fail to perform their job accurately or fail to perform their job with integrity like lois lerner, they get let go, and then they get a severance. so why would we do that? i think she should -- gregg: some of them get bonuses too. >> that's true. and they still get access to the irs database. t i think she should stay, and she should fix this. i think the longer that she's there, the better it is politically for republicans. but her arrogance, gregg, her hubris to say i don't work for you, who do you think pays her salary? so, again, i think she should stay there, i think she should fix it. this pr tour that she's doing is only helping -- hurting, i don't think it's helping. gregg: ed henry was saying there

are a bunch of democrats calling for deadline of the penalties, a lot, if not all of them, are democrats up for re-election, so your reaction to that. >> it's a smart move for them to do. i mean, this is the most toxic program i think democrats have put their name behind in decades. and, look, gregg, just from a policy perspective it's not workable for the administration to continue as is. they're going to have to delay something, and i think the most sensible thing for them to delay would be the tax because there's no way you can have in a couple months people trying to sign up for a web site that i doubt they can fix it's so riddled with problems and then penalize them with a tax for not being able to sign up for something they can't get. so the most sensible thing to do. the question is, will they do it? they're pretty defiant at not doing anything. gregg: you know, there's a legal challenge that is still in existence in washington, d.c.

and virginia in federal, in front of federal judges. basically, when you read the affordable care act, it says that you qualify for subsidies on the state exchanges. it says nothing about the principal exchanges which covers 36 states. so the lawsuit alleges there's no, that this does not cover subsidies which would put a big hole in the ship of obamacare, wouldn't it? >> gregg, it's a huge story, and i know you've covered it here on "happening now." but the media has largely missed in this story. michael carvin argued the last obamacare case, he's fighting this case, and this week a judge allowed it to go forward which is bad news for the white house. you're absolutely right, as the bill is written it clearly states only people in state-run exchanges can get the subsidies. so what about people in those federal exchanges? if michael carvin wins this case, people would not be able to draw subsidies in those federally-run exchange states, and no fines could be issued

because, remember, employers can't get find until one employee draws a subsidy. and that would kill this entire bill. it is a huge problem, what happened this week, for the president. gregg: all right. quick question on this, just days before the launch, you know, the president went out on the stump, and he's bragging, oh, it's going to be so easy, you know? you can get on the web site and browse. well, now we know that they killed the browser weeks before the launch. was there a political reason behind that? >> i don't think so, gregg. i think it's, i think it's pure incompetence. i mean, look, maybe they finally realized that the premiums would go up because you have a bunch of sick people signing up for the system, there's to way they can moderate those premiums, so maybe there's something nefarious here, they didn't want people to -- gregg: you think somebody would have raised their hand in the oval office and said, mr. president, before you make your big speeches here, they killed the browser. that's all wrong. you can't say that.

>> you know, gregg, i think there's a sense in this white house to not bring this president bad news. either no one wants to be the bad messenger, or he doesn't want to hear it on the irs, on the nsa, on james rosen, he doesn't know anything, he's never known anything, and this obama ca carrollout is no different. gregg: andrea, good to see you. >> thanks. patti ann: two americans kidnapped by pirates and held for ransom, and there are some differences between this latest attack and others. we'll tell you what it says about safety on the high seas. plus, a new clampdown on painkillers at your pharmacy. and a chill in foreign relations after dramatic revelations that the nsa has been spying on some of our closest allies. ♪ ♪ [ male announcer ] this is pam.

her busy saturday begins with back pain, when... hey pam, you should take advil. why? you can take four advil for all day relief. so i should give up my two aleve for more pills with advil? you're joking right? for my back pain, i want my aleve.

gregg: right now growing tension betwee obama administration and some of our closest allies as we learn that senior intelligence officials from germany will head to the united states for talks with the white house and the nsa in the wake of allegations that chancellor angela merkel, her cell phone was monitored. and a new report from "the guardian" newspaper that the nsa spied on 35 world leaders. chief washington correspondent james rosen has the latest on this story. hi, james. >> reporter: good afternoon. gauging the damage this has done is intrinsically tricky, excuse me, as it may be the case that only the nsa knows the true extent of its overseas operations and what further disclosures of varying severity may yet emerge about them. among the 35 world leaders believed to have been spied on are german chancellor angela

merkel and brazil's president who has canceled a $4 billion purchase of fighter planes from boeing. but ben rhodes speaking at the reuters washington summit suggested that for all the furor over these disclosures, the impliations to date for the president and his conduct on the world stage have proved fairly limited. i don't think you can say there's been some across-the-board impact on american foreign policy rhodes was with quoted as saying, adding, i think it's been unique to some circumstances. brazil is at the more significant end of that spectrum. we will have to do work, frankly, to put the u.s./brazil relationship on a stronger footing on the other end of this. however, the european parliament announced it is sending a delegation to explore, quote, potential legal remedies for e.u. citizens caught in the surveillance dragnet. that could result in the e.u. demanding reparations from the

u.s. treasury. why the europeans should interpret the nsa's activities more broadly. >> we, like other nations, gather foreign intelligence because it is in our national security interests to do so. there are real threats out there against the american people and against our allies including germany, including allies around europe and around the world. we also need to balance those security needs against the understandable privacy concerns that we all share. >> reporter: former vice president dick cheney, however, appearing on the hugh hewitt radio show yesterday called the obama administration, quote, incompetent on foreign policy. gregg? gregg: james rosen, thanks very much. >> reporter: thank you. patti ann: right now new concerns about safety on the high seas after a pirates kidnapped two american mariners. the attack happened off the coast of nigeria in west africa. u.s. defense officials telling us that armed pirates stormed a

private oil ship, separated the crew by nationality and took the americans for ransom. peter brooks is a former cia officer, a senior fellow for national security affairs at the heritage foundation and former deputy assistant secretary of defense. thank you for joining us. >> good to be here. patti ann: most of these cases are regarded as criminal enterprises, a ransom dropped from a plane to where the pirates are in the water, they divide it up, release the captives, it's business. in this case there are allegations that al-qaeda-related groups may be benefiting from these criminal networks? >> well, that's the concern here. obviously, when you look at the gulf of begin any, it's different off of the gulf of aden where they were taking people hostage. here there's oil involved, there's an international network where they steal the oil being exported from nigeria. 30% of our oil is imported from nigeria, by the way.

and there's this other aspect with the hostages. bun of the concerns is that there's an established international criminal network, and there are al-qaeda affiliates in the area. there's a group in northern nigeria which is an al qaeda affiliate, also al-qaeda in the islamic maghreb which comes close to nigeria, so the concern is that terrorists, may be benefiting from this international criminal network that these pirates seem to be part of. patti ann: and in this case the americans were apparently targeted. the ship was a u.s.-flagged ship owned by a louisiana company. it supplies cargo to oil platforms 220 feet long. the pirates allegedly specifically took the two americans and freed the others. and also instead of staying offshore, they are believed to have taken their captives to land. what do you make of those differences from the usual mo? >> well, it's certainly not good news. we're all trying to sort through this, you know, they did target

these americans, and that's why we're wondering what the next shoe is to drop here, patti ann. because in this case they looked at passports and things and took certain individuals. they have a better chance of perhaps rescuing them if they were still at sea, but once they go onto land, it becomes a bit more difficult. so i think people are assessing right now what this means maybe because they thought they could get more money for the americans in this case. there were certainly senior officers on this ship. i think the captain and the chief engineer, so that may have something to do with it, and it was a u.s.-flagged ship. so they were the more senior representatives of that ship. hopefully, it's not because of their nationality other than from a piracy business sort of perspective. patti ann: right. very often in these cases the ransom is paid, but in this case the nigerian navy is ordering a rescue. how do you believe this should be handled? >> well, you know, there's a moral hazard in paying a ransom, obviously, because it just encourages others to do the same

thing. and this was the problem in the gulf of aden. what i think we need here is we need ships to be using best practices, you know, better sensors, having armed guards. we also, it wouldn't hurt if we had an international naval presence there, and that's one of the things that really deterred the somali pirates which is way down. i mean, nigeria -- this gulf of gwynee is the most piracy-afflicted region of the world today. i think we need to take the appropriate steps, use the best practices to try to deter in this problem that they're having off the coast of nigeria and in that area in general. patti ann: yeah. and as you mentioned, the ivory coast, actually, is actually requesting that the international community deploy international naval forces as they've done in somalia's gulf of aden. they're saying that has helped to drastically reduce the acts of piracy there. but apparently there are complications in deploying these international forces. what about that as?

what about that? >> well, of course, you know, you want something like we have off of somalia, there's a joint task force. the chinese are there, sometimes they cooperate with us. but i think that there's, you know, things that need to be done at the international level to try to get a coalition of sip ships -- coalition of ships, europeans, americans and others to try to provide a presence there. a lot of this activity is taking place in the places close to the coast, they're not out at sea which is what we saw off the coast of somalia, so it makes it much more difficult here. there's other challenges too. once again, oil is involved. a lot of times they're taking these ships and selling the oil on the black market. i'm not an expert, patti ann, but i think oil is running at about $100 a barrel, so for people in a poor part of the world, tsa a lucrative business. patti ann: interesting. peter brooks, thank you as always. >> thank you for having me. gregg: one of america's coldest murder cases getting brand new

attention today as a judge unseals secret court documents in the jonbenet ramsey investigation. our next guest is going to weigh in on what we learned. okay ladies, whenever you're ready. thank you. thank you. i got this. no, i'll get it! no, let me get this. seriously. hey, let me get it. ah, uh. i don't want you to pay for this. it's not happening, honey. let her get it. she got her safe driving bonus check from allstate last week. and it's her treat. what about a tip? oh, here's one... get an allstate agent. nice! [ female announcer ] switch today and get two safe driving bonus checks a year for driving safely. only from allstate. call an allstate agent and get a quote now. just another way allstate is changing car insurance for good.

female narrator: the mattress price wars are on the mattress price wars are on at sleep train. we challenged the manufacturers to offer even lower prices. now it's posturepedic versus beautyrest with big savings of up to $400 off. serta icomfort and tempur-pedic go head-to-head with three years' interest-free financing. plus, free same-day delivery, set-up, and removal of your old set. when brands compete, you save. mattress price wars are on now at sleep train. ♪ your ticket to a better night's sleep ♪

gregg: right now brand new developments in the long-unsolved murder of jonbenet ramsey. a colorado judge releasing a secret 1999 indictment just a short time ago revealing that a grand jury voted to charge the 6-year-old beauty queen's parents in this her brutal killing. craig silverman was the chief deputy district attorney in denver during the jonbenet ramsey case. good to see you. so i took a look at this. they're charged each with child abuse resulting in death and is accessory.

that's -- not charged, the grand jury voted that. doesn't really say which one allegedly, according to the grand jury, killed jonbenet, does it? >> no, it's fascinating. they were both charged with child abuse resulting in death, kind of the equivalent of second-degree murder. and it was under two tierlies, that they -- theories, that they permitted it, and they rendered assistance. that raises the possibility was there a third person. we do know from the crime scene experts that this scene appears to have been staged. we also know about the ransom note, was this some sort of staged kidnapping that went terribly wrong? i don't think, but this grand jury conclusion, it's really something. gregg: yeah. >> i mean, boulder citizens deciding to accuse jonbenet's parents for being responsible for her death. gregg: right. so they, the grand jury votes to indict, but that's not

mandatory. it's up to the district attorney who has to have, craig, a good faith belief that he can prove a case beyond a reasonable doubt, and one would assume, would you, that alex hunter, the da at the time, just didn't feel that he had sufficient evidence? >> you have got it exactly right, gregg. i mean, probable cause is all you need to indict. and we don't know because we can't talk to the grand jurors yet. alex hunter had a right to not sign that indictment, he had a right not to prosecute, but what the judge said in his ruling recently, alex hunter had no right to keep this hidden away from the public. and he not only did that, but he actively led us to believe that the grand jury either exonerated the ramseys or were never allowed to take a vote. and you have to ask why let the grand jury vote if you're not going to do anything about it? gregg: yeah. he put it away allegedly in a safe and kept it quiet. now, can he be sanctioned for

doing that sort of thing? can you have your law license suspended or be disbarred for that? >> i doubt any of that, but throughout the history of this case alex hunter's judgment has been questioned. successive governors, a democrat and then a republican kind of took this case away from alex hunter. but in the end, he was the boulder da, and he was the man in charge. gregg: you know, in front of a jury there are very strict rules of evidence on what's admissible. in front of a grand jury, as you know, there are not, for example, hearsay is often admissible. there's no cross-examination. and, you know, all of that sort of has given rise to the old saw you can indict a ham sandwich, you know? indicting's easy. >> sure. gregg: prosecuting a case, that's hard. >> right. if the prosecutor wants you to indict the ham sandwich. but we know this prosecutor was not necessarily leading the grand jury if in this direction -- in this direction. might have had a runaway grand

jury. there's also been tension between the boulder police and the boulder da throughout this case -- gregg: right. >> the boulder police were fixated on the ramseys. gregg: patsy ramsey, of course, died of cancer, but then there was a new da, mary lacy -- >> right. gregg: -- five years ago, she said that new dna evidence suggested an intruder was the killer and that she said, look, i plan from now on to treat the ramseys as victims of a crime. she essentially exonerated and apologized. did she get it wrong? >> right. well, she's not the da anymore. i know the new boulder da, stan garnet, he worked with me in the denver da's office, and he's not bound by that exoneration of mary lacy. mary lace by was another bizarre boulder prosecutor. remember that whole john mark carr fiasco? that was mary lacy. gregg: you know, i'm getting the very clear sense, craig, that

you think maybe the grand jury got it right back in 1999. is that what you're saying? >> well, i have no way of knowing. i -- but i do know this, jonbenet ramsey was the victim of first-degree murder. somebody struck a terrible blow to her head, but the way she died was a rope was pulled around her neck and slowly twisted. that's first-degree murder. there is no statute of limitations, and if the authorities could ever prove who did that or who helped do that, there's still a possibility of being held responsible. gregg: no statute of limitations in colorado on murder, but there is a here three-year statute of bringing charges after an indictment has -- >> well, three years because they indicted on a class ii felony. three-year statute of limitations. gregg: ah, i see. you're right. craig silverman, good to see you. patti ann: secretary of state john kerry facing tough new

questions from capitol hill on the benghazi terror attack that left four brave americans dead. we have a live report next. also immigration reform and the fails obamacare web site. is there a connection? that's what the mainstream media was trying to furring out when the president gave a speech interrupting a key hearing on the obamacareout. when you have diabetes like i do, getting the right nutrition isn't always easy. first, i want a way to help minimize my blood sugar spikes. then, a way to support heart health. ♪ and let's not forget immune support. ♪ but now i have new glucerna advance with three benefits in one. including carbsteady ultra to help minimize blood sugar spikes. it's the best from glucerna. [ male announcer ] new glucerna advance. from the brand doctors recommend most. advancing nutrition for diabetes. that's a good thing,

but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, they pick up some of what medicare doesn't pay and could save you in out-of-pocket medical costs. call today to request a free decision guide to help you better understand what medicare is all about and which aarp medicare supplement plan works best for you. with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients... plus, there are no networks, and virtually no referrals needed. there's a range of plans to choose from, too, and they all travel with you anywhere in the country. join the millions who have already enrolled in the only medicare supplement insurance plans endorsed by aarp...

an organization serving the needs of people 50 and over for generations... and provided by unitedhealthcare insurance company, which has over 30 years of experience behind it. ♪ call today. remember, medicare supplement insurance helps cover some of what medicare doesn't pay. expenses that could really add up. these kinds of plans could save you in out-of-pocket medical costs. you'll be able to choose any doctor who accepts medicare patients. and there are virtually no referrals needed. so don't wait. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. this easy-to-understand guide will answer some of your questions and help you find the aarp medicare supplement plan that's right for you.

gregg: the fda is proposing tough control new controls on sf the most commonly used prescription painkillers making it more difficult for tens of millions to get access to drugs containing hydrocodone. i hope i am pronouncing that correctly. >> who got it right. today we're talking about vicodin. most commonly prescribed painkiller in the united states. nearly 15,000 deaths from overdose, more than heroine and cocaine combined. vicodin is listed by the drug enforcement administration as a schedule three drug carrying lower potential for psychological or physical dependence. you can get renewals without seeing a doctor and prescribed by a nurse or a physician's assistant. by the fda is requesting

changing it to a schedule to intended for more dangerous and more easily overused to drugs. after years of the fda being reluctant to reclassify the drug, extensive review of scientific literature from the scientific community have led to a change of course, and they have said in recent years the fda has become increasingly concerned about the abuse and misuse of opioid products which have sadly reached epidemic proportions in certain parts of the united states. some professional groups including the ama which received a statement from them that they worry about legitimate use especially in nursing homes and hospices being cut down from this. they and the american cancer society are concerned that they would limit access for patients who really need them. dr. michael weinberger, the director at the press. say we need a more effective way of allowing access to patients who do need them while at the same time curbing abuse.

>> a tightening accessibility in some way might lead to reductions. we have a public health crisis related to opiate abuse and we need to aware the public. >> gregg, let's look at some other drugs involved. adderall, ritalin, those are scheduled as well. oxycodone is a schedule two. make this a scheduled to put some of them are neighborhood of other drugs we already worry about. gregg. gregg: thank you. more medical news sunday mornings at 10:30 a.m. eastern time right here on the fox news channel. jenna: was president obama trying to steer media coverage away from yesterday's bare knuckles house hearing on the botched obamacare rollout by giving a speech on immigration reform at the white house surrounded by reporters during

those proceedings on capitol hill? here's how it all went down. >> doesn't make sense to have 11 million people who are in this country illegally without any incentives or any way for them to come out of the shadows, get right with the law, meet their responsibilities, and permit their families then to move ahead. it's not smart, it's not fair, it doesn't make sense. we have kicked this particular can down the road for too long. jenna: joining us now, fox news media analyst, and of course the host of "media buzz." you can see in the split screen, we are listening to president obama but we can see the hearing going on but we cannot hear the key testimony from one of the top officials of the computer software company

that is blaming president obama and the administration saying it is not our fault it failed, we did not get our instruction from them until too late. she is drowned out by him. that had to be deliberate. >> and you say the president was stealing media coverage, it sounds like a felony. i will say it was premeditated. nothing happens by accident in politics. the white house to the house hearings on the rollout of obamacare were getting a lot of media attention, live coverage on all three cable news networks and suddenly the president speaks, fox went back to the hearings more quickly than did cnn and cnbc. but he briefly seized the spotlight, it was a bit of a failure. i see zero stories about the president's remarks about immigration and two stories on the problems of obamacare. the "washington post" had a story. the reason is they did not have anything new to say about

immigration reform even though it is a very important issue. >> that was going to be my next question, actually. did he even make any news in the press conference? it was a steering, saying he was steering the conflict of interest. many americans now, younger americans are getting their news from these comedy shows. even jon stewart taking shots at obamacare. what impact does that have on the whole public dialogue? >> a greater impact than you might think. not just because jon stewart is wildly popular among younger viewers who do not necessarily watch sunday shows or read newspapers. the symbolic aspect. jon stewart is no secret and left-leaning anchor. he mocked obamacare talking about glitches. it does suggest a way in which the entire mainstream media, those of us who are not funny for a living have turned much

more the tone has turned much more harsh against the problems that they have mounted day after day. i would not go so far as to say you watch jon stuart, you have watched america, but it was quite a telling moment. >> he is not the only democrat. a lot of democrats, many who are up for reelection now coming out and criticizing the rollout and what's not. has the media coverage of this issue emphasized the bipartisan nature of the criticism. >> i have seen a number of stories tal talking with how soe democrats on the hill who have the run for next year unlike the president of the united states are joining in criticism. many liberal commentators joining in the criticism. they think is a fiasco for program they care about. the regular journalists who are not supposed to be taking partisan sides.

it is very aggressive. the big newspapers are revealing more than just a website problem but "the new york times" yesterday i believe ran a story of how obamacare is not lowering prices in ruralr4f areas. though some people say this should have happened sooner as far as a program that hasn't debuted yet, there has been a lot of aggressive and skeptical reporting on these problems. jenna: airing on sundays at 11:00 a.m. "media buzz." >> thank you be at gregg: a stunning new report claims massive wildfires are doing much more than physical damage. we're joined now with the dangers to your health. we will be right back. [ male announcer ] want healthy joints?°

♪ the joint is jumpin' osteo bi-flex® elps strengthen your joints.° like calcium supplements can help your bones, osteo bi-flex can help your joints.° osteo bi-flex... also in joint & muscle and joint & bone. also in joint & muscle when you do what io, iyou think about risk.. i don't like the ups and downs of the market, but i can't just sit on my cash. i want to be prepared for the long haul. ishares minimum votility etfs. investments designed for a smoother ride. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. >> this is your last cup of coffee for the week. >> who is ultimately responsible for obamacare?

>> also, we will talk to the sole survivor of a plane crash. she will tell us how she made it out alive. >> see you in a couple of minutes. >> cheers. >> cheers. >> new questions concerning the deadly attack in benghazi that leleft for brave americans dead including our ambassador. the suspects are not included on the state department rewards for justice program. now some lawmakers want answers from secretary of state john kerry. chief intelligence corresponde correspondent is live in washington with this story. >> thank you. fox news understands the letter and senior member of political affairs as beings are collated on capitol hill for signatures and should be delivered to secretary john kerry's office no later than the beginning of next week. we have seen a with highly critical language. reading in part we fail to

understand how such an important counterterrorism tool cannot be used by the ministration when you and the president claim bringing them to justice is such a high priority. the state department program awards just as often at the $25 million for the leads the capture of alleged terrorist overseas. state department at suspects after consulting with the fbi justice department, cia and national security council staff. this week fox news identified two key suspects, one believes to be former carrier in pakistan and the other a former bodyguard. this undercuts early claims by the administration that the assailants were isolated extremists with no ties to organized terrorist groups. the reward for justice program has paid out 125 million to 80 individuals since it began in 1984. fox news and the associated press asks if the reasons yesterday why stop at benghazi? >> it isn't the point.

the point is we believe it is a priority. our intelligence community believes it is a priority. people in this building believe it is a priority. whether they are on a website or not doesn't change that. >> the deliberations over which terrorists are included on the list are classified. as if she would explain of the benghazi suspects were considered for the list, told reporters she would get back to us. patti ann: live in washington, thank you. >> you're welcome. ♪ gregg: there is a new report out that is warning massive smoke clouds from u.s. wildfires can cause dangerous health hazards for surrounding communities. the professor of urology at north shore medicine. always good to see you. two years ago was the worst wildfire season, tens of thousands of them, they sit and carbon monoxide and other toxins

have to go somewhere. in our lungs sometimes, right? >> when i was preparing for this and read the statistics, 27,000 wildfires over 9 million acres of land have been burned in 2011 as he mentioned, with all of the site and toxin articles, they get in our lungs. last week we spoke about how the world health organization is talking about the fact all of this can increase the risk of lung cancer. now we're seeing asthmatic and customers with asthma offering from this. it is a very interesting concept also the fact we talk about secondhand smoking. so the guy next to you is smoking in a bar or outside. that phenomenon exists with this state. smoking going on in california, nevada, arizona also at risk. a lot of people are exposed to this. gregg: stay indoors and make sure you have good filters.

a new study out, i found this really interesting. common blood pressure drug may be tied to a lower risk of alzheimer's. >> this a very interesting finding. observational study and we need more and more research. the study coming from john hopkins. what they found was over 2000 patients who used to take the drug, we made a big deal out of this. really helpful for alzheimer, but the blood pressure medication, now they have 50% lower chance of getting alzheimer. which is big news. the question is if it is medication directly lowering the risk of alzheimer's or lowering the blood pressure that causes that. my guess would be preliminary the blood pressure that would lower making it better flow to the brain. gregg: wish we had more time to talk about it. dr. david smadi. thank you. more news on house calls sunday morning right here on the fox news channel.

♪ patti ann: a fox news alert right now. kathleen sebelius, secretary of health and human services wrapping up an event in austin, texas, on the obamacare rollout. we will have her comments ahead. ... ... ... ...

... ... ...

patti ann: health and human services secretary kathleen sebelius lifting texas today. promoting the overhaul in aust austin. she took a couple of questions on the obamacare exchanges. one reporter asked when she found other problems with healthcare.gov. >> i did not realize it would be operating poorly until after the launch. if we had had another six months we probably would test further. but i don't think anyone fully

realized that it caused some problems but exposed some problems. we tested to a level that was five times the level that medicare.gov, well known, well operating website had ever had. we thought if you increased the buying five times, that's probably the maximum hits we would get at one time. a brand-new site, we were just wildly incorrect. the number so far exceeded that. now there are very specific diagnostics in place, there will be some updates and metrics on a regular basis. as the president said on monday, health care, the affordable care act is a lot more than a website. a website is one of the ways to get to the marketplace. we have a market.

we have new companies coming in, about 25% of the plans are branding companies. we have affordable prices for the first time and a new law that says no one will ever be locked out because of a pre-existing health condition. it's up and running. patti ann: that was secretary sebelius. republican senator issued the following statement about her visit. with the secretary sebelius in texas today she should keep in mind three things, texas believes the federal government should be accountable, transparent and limited. we will be right back. amazing prune are plum amazins and sunsweet ones. plum amazins diced prunes are great as a snack or on just about anything. i like that! i'd put these on a salad. these would be perfect for cookies. ones individually wrapped prunes are simply irresistible. that is so juicy. it's packaged by itself. that's fantastic. delicious and nutritious

my kids are going to love this. ones and plum amazins. only from sunsweet, the amazing prune.

proposal to curve public drinking is setting off a controversusy in butte, montana. butte is one of the few towns that allows people to drink any time and where they want. the sheriff is calling a ban on

2 o'clock a.m. to 8 o'clock a.m. it is a big party town in montana. that is not sitting well with big skye resident. >> thanks for joining us. america's news headquarters starts right now. alisyn thank you, dpois. kathleen sebelius standing her ground and pressure mounts for her to step down. i am alsis camerota. >> and i'm bill hemmer. sebelius responding to critics says she doesn't take orders from them. >> the people who call for me to resign are people i don't work for. and don't want it to work. >> the republican from louisiana, what did you think of that? >> bill, that is the most