watch. oh! that's fun. like that. that is just good to watch. pumpkins scratching cars, pianos, out houses. all for the march of dimes. bill: there goes the out house. that is what we call smashing pumpkins. see you tuesday. martha, bye, everybody, see you tomorrow. jenna: right now breaking news on today's top headlines and brand new stories you will only see here. jon: a big new glitch knocks out the obamacare website, causing online enrollment for all 50 states. white house denies president obama knew big about the u.s. spying on germany's chancellor, saying it stop ad secret program to monitor foreign leaders over the summer. new revelations about the deadly terror attack on our consulate in because gauze. it is all happening now. jon: well another government

shutdown to tell you about on this monday but this time not on purpose. the health care website suffers a network failure over the weekend. welcome to "happening now", i'm jon scott. jenna: hope you had a great weekend of the great to see you on this monday. i'm jenna lee. the latest crash comes as congress prepares to grill health and human services secretary kathleen sebelius about the botched rollout at the federal insurance exchange. lawmakers want to know how such crippling technical problems went unnoticed before the website launch on october -- october the 1st. yesterday's blackout is being blamed on an outside contractor, tara mark, subsidiary of verizon. they said it had a network failure that impacted a number of clients including healthcare.gov. they committed to fixing the problem as soon as possible, end quote there. louisiana governor bobby jindal on "fox news sunday" said we don't need washington running

health care and warns problems with the website are only the begining. >> i think they will eventually fix the website. let's remember this is the easy part. the real critical issue is when it comes time to schedule your grandmother's cancer surgery. this is symptom of a bigger problem. is this most incompetent or liberal administration in recent history. this issue and policy, to quote hillary clinton, what difference does it make? jenna: strong words from the governor there. california congressman javier becerra, wants to know from secretary sebelius when she believes the website will be up and running adding there is more important to fix the website than accounting of blame. >> whether private contractors got taxpayer money. whether the health agency personnel who bottom money, or members of congress responsible for the oversight of this plan, everyone you is be accountable.

the most important thing we should worry about right now to fix the website, not fix eight on the website. jenna: california congressman a democrat. we've white house corresondent ed henry on the north lawn to talk a little politics on this day as we kick off monday. ed, the fallout continues and there is a lot of pressure coming from fellow democrats on this administration. >> reporter: that's right, jenna. that is the key over the last week or so. this is no longer just put pub criticism because of the when site woes. you had a lot of democrats, particularly in the senate, at least 10 senate democrats now pushing the president to at least make some changes to the law, specifically, extending the enrollment deadline beyond march 31st of next year. that could open the door if there is big senate debate about that to the possibility of extending and delaying the individual mandate which is the all-important way to fund this entire law. bottom line is, this effort has been led by jeanne shaheen of new hampshire. she is up for re-election in 2014 and has to defend the law.

here she is on cbs. >> the rollout has been a disaster so what i'm proposing we extend the period in which people can enroll so we can make sure we get as many people who want health insurance able to enroll and be i believe to be covered. >> reporter: and that is an important point that the white house keeps stressing which is that while there are these 10 senate democrats or so who are pushing for changes they're not trying to defund the law, they're not trying to dismantle the law as republicans have tried. said the democrats are pushing for changes the president may not want to make right now but they're trying to make the law better although you notice over the weekend, secretary sebelius there, was a character playing secretary sebelius on "saturday night live." once you received comedians and those kind of shows that suggests this is reaching some sort of critical mass around the country in people sort of laughing off the rollout, jenna. jenna: interesting point, ed, when you hit that level as we probably are all familiar with at one time or another.

>> reporter: yeah. we sometimes have some bloopers too. jenna: beyond the website though, ed, republicans are saying there are other problems with the health care law. what are those? >> reporter: well, specifically the fact that all around the country you've had thousands and thousands of people getting letters saying your health insurance has been canceled, even though the president sold this of course, you will remember, in 2009 and 2010, as, if you like your current health care you can keep it. you're not going to be impacted. that has not turned out to be true. republican senator tome coburn who worked with the president on other issues was just on fox, basically said, when he take as look at the broader view here, he is wondering who will be held accountable. take a listen. >> who was responsible, what one individual was responsible for putting this together or saying timeout, we're not ready? and second kathleen sebelius says maybe she is not. well, who is that person? in other words where is the

competency level? government's good at a lot of things and we should have government in some things, but we ought to demand excellence and expertise. jon: now also interesting that on another program earlier this morning senator coburn was debating with david axelrod, long-time advisor to the president and under that questioning, that pressure from coburn and others david axelrod said, most people who currently have health care will be able to keep their plans that. is obviously different the way white house sold it. republicans will make the case they're not sure most will be able to keep it. we just don't know right now. these are the early stage, all of it still playing out, jenna. jenna: certainly the big story of the day, ed. thanks for getting us started. appreciative as always, thank you. jon: meantime the white house is struggling to mend some fences overseas, attempting damage control after revelation that is u.s. may have spied on german chancellor angela merkel. nsa apparently bugging her phone calls, part of a secret program monitoring dozens of world

leaders. the white house says president obama was unaware of the program for nearly five years until it was uncovered over the summer during an internal review by the administration. the nsa denies a report that the president was briefed years ago by the head of the agency releasing this statement. general alexander, he is the head of the nsa, did not discuss with president obama in 2010 an alleged foreign intelligence operation involving german chancellor angela merkel nor as he ever discussed alleged operations involving chancellor merkel. news reports, caming otherwise, are not true. so let's talk about it with nina easton, senior editor and washington columnist for "fortune" magazine and fox news contributor. joe trippi was howard dean's presidential campaign manager. he is a fox news contributor. nina, the question is, i guess, you know, if the president didn't know about this, when did he know about it? >> this is all a pretty

astonishing question. so are according to news reports officials are saying for five years this spying has been going on at least five years and that the president didn't know. so what does that suggest? it suggests either an agency so out of control, and i defended the nsa and most of what it does but this suggests an agency that is so out of control that it is operating and collecting sensitive information, this is a very sensitive area, on foreign leaders and the president doesn't even know, or the alternative is, that the president the president and the white house is not being honest with the american people. jon: the economic times report that broke the first part of this story, joe, said that the president didn't trust angela merkel, this is how it characterized their relationship and wanted to know everything about her and let this program continue. does that sound like, does that sound plausible? >> well, there's a couple things are plausible. the first is that the president,

when they're briefing him every day on what's happening, let's have a hypothetical, that germany is not moving nuclear secrets to iran, i'm not sure in those briefings and the way we got that by listeningening in oa conversation with merkel. so it is completely possible that with all the intelligence briefings that he was getting he didn't know what tasks were going on. on the other hand, look, the president had to know. everybody, every country that can listen to these conversations is listening to them. in fact, remember, jon, when the president famously had to give up his blackberry the day he became president. he was all upset he had to give it up. why? because other countries would be listening. the real miracle or stunning thing to me, that angela merkel thought she could talk on a cell phone, thought no one would listen to her, allies or foes would be listening in on her

conversations. of course we were. jon: it is kind of an interesting, twist, nina. a government that is so compute err capable, apparently has the ability to spy on other world leaders for years without detection and can't rollout a website that allows people to enroll in health care. we had this other glitch over the weekend. >> another glitch. jon: one of the contractors providing the services, the whole thing goes dark. what do you say about that? >> once again we're using the term glitch. this particular glitch goes to another sort of fundamental problem in the system which is the treatment of personal information, privacy issues. so the glitch had to do with how the personal information of people applying for subsidies was treated. in the past couple weeks we've also seen social security numbers and so forth end up in the hand of people that weren't supposed to have it. so what you're having now is, attacks on the system not only as inept bureaucracy but raises

these privacy questions when you have a large government bureaucracy how is it handling it? how is it protecting private information? and that will keep a lot of healthy people from signing up i think for health care. jon: especially young folks that that system needs are pretty dubious about all of this. we'll have to leave it there. nina easton, joe trippi, thank you both. >> thank you. >> good to be with you. jenna: back to those top stories in a moment. ellis island is back in business. tours of the site continuing after the superstorm sandy that hit one year ago tomorrow devastating the coastlines of new york and new jersey. today's reopening is sign of progress as the area still struggles to rebuild. rick leventhal joins us live from ellis island with this part of the story. rick, people probably didn't realize how much damage was done >> reporter: right, jenna. sandy buried all of he will is island underwater and all the

mechanicals were in the basement so all the mechanicals got crashed -- trashed. that included the entire electrical system for this historic island, heating and air-conditioning, water and sewage lines an telephone lines were damaged. the ferry house was destroyed and some of the exhibits. most of the one million valuable historical items and documents and photos did survive the storm. >> fortunately the floodwaterrers did not get on to the first, second, or third floors. the artifacts and our exhibits remained intact. however because we had no heat, no air-conditioning, because we had no climate control, we had to move the artifacts they're still down in maryland. >> reporter: the first and second floor of the immigration building are open to the public. that includes the great hall where immigrants were inspected and registry room upstairs where 12 million people spent their first hours in america. still a lot of work to do here but all the artifacts that were moved out should be back here when the heating an cooling

system is restored next spring. staten island and other new york neighborhoods struggle to recover from hurricane sandy one year later. one particularly neighborhood, oak wood beach is still struggling t was had several feet of seawaterrer. it is a ghost town. all but five of 183 homeowners accept ad government buyout and moved on. we spoke to a man that lives nearby but doesn't want to stay there. >> within five minutes, it was completely flooded. just don't want to live here no more. it will happen again. >> reporter: sadly there are many more neighborhoods like oak wood beach where it looks like the hurricane happened last week or one month and not one year ago. there are signs of progress like here at ellis island. obviously a lot of work left to be done. jenna: we'll watch the stories as they develop. rick, thank you. jon: so sad that hasn't been fixed for so many people.

the doctor convicted in the death of michael jackson is a free man now. why dr. conrad murray only served about half his sentence plus what is next for him? a brand new trend in children's books. publishers adapting literary classics now like moby dick but for bedtime reading for babies and toddlers? jenna: "war and peace" is also an option. jon: can't wait? good idea? we have a clinical psychologist weighing in. americans take care of business. they always have. they always will. that's why you take charge of your future. your retirement. ♪ ameriprise advisors can help you like they've helped millions of others.

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jenna: right now some new information on a few international stories we're watch tag including the trial of the captain of the coast can concordia. that trial resumes today in italy. the captain is charged with manslaughter and abandoning ship. the cruise ship ran aground and capsized off the coast of italy in 2012 and 32 people died. the military described as

two rocket launching tubes in gaza. this comes after palestinians in gaza strip fired two rockets at israel. there was no immediate claim of responsibility for the launch. no casualties are reported. also a powerful storm with hurricane-force winds leaves at least four people dead in western europe. the u.k., netherland and parts of france are coping with power outages and major flooding. jon: the doctor convicted in michael jackson's death is a free man now. conrad murray was released from a california jail today after serving just two years of his four-year sentence. he was found guilty you might recall of involuntary manslaughter back in 2011 for giving the popeye con a lethal dose of a powerful anesthetic. will carr joins us now live from los angeles some why exactly is he now out, will? >> reporter: well, jon, i can tell you murray got out about one minute after midnight. he actually jumped into a police

car and now he is a free man this morning. he had been originally sentenced to four years for involuntary manslaughter but because of good behavior and california's sentencing laws he only ended up serving about half that time behind bars. overnight some of michael jackson's supporters showed up and they wanted to heckle murray when he was released but they ended up saying they thought he got special treatment because he left in a police car and could never really see him or say anything. then murray's attorney showed up and said that's not the case. >> did he get special treatment? do you feel like he got special treatment? >> absolutely not. he served maximum possible sentence for as long as they can keep him. they didn't release him one minute early. not one minute. he served every day, maximum term. the man had no prior record. >> reporter: now authorities have said it is not really uncommon to help somebody leave if they think that there is any potential risk to their safety, jon. >> wow. so what is next for dr. murray?

>> reporter: well, his attorney says that he wants to practice medicine again. now there is a big problem with that, that his license has been suspended or revoked in three states but his attorney says he still has clients who want murray as their doctor. he maintained his innocence this entire time. he is appealing his conviction. in the meantime there is a report out that he actually wrote a book while behind bars about the time he spent with michael jackson. there is also a report out saying he may try to get into having his own reality television show. jon, back to you. >> will carr, live from los angeles, thank you. jenna: from one doctor to another, a prominent doctor on trial in utah. martin mcneil, charged with murdering his wife michelle so he could continue his affair with a mistress. that is what the prosecution says. our legal panel talks about the details of the trial coming up. is moby dick a good bedtime story for babies? what about pride and prejudice?

can they make your kids smarter? can they make you smarter as well? a great panel coming up next. when we made our commitment to the gulf, bp had two big goals:

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jenna: there's a new trend in bored books for babies simple readers on cardboard books and sometimes baby gnaw on the books, right? publishers are turning to literary classics such as "romeo & juliet" and "moby dick." the director of the baby lit series told "the new york times," people are realizes it is never too young to start putting things in front of them that are meaningful that have more levels. it is not so simple as here is a

dog, here is the number two. is this direction we should go with our children? liz stern parenting blogger and dr. brian russell is a clinical psychologist. great to have you both on this topic. we have a lot of questions. dr. russell, starting with you first, on one hand you read this, this is great. i will get this as a gift for all my friends. on the other hand, this is totally crazy. this is book that is babies eat. does it make sense? what do you think? >> the books read to me were about heath cliff the cat, not heath cliff and cathy. i'm doing okay though i'm just reading "moby dick." reading to kids is good but you can stimulate their minds is hand-me-down golden books. we have a this consultant made a point to me this morning. she said, in a way this is sort of the ultimate cliff notes spoiler. "moby dick" wasn't meant to be

appreciated on this level. jenna: interesting. maybe it is good for parents to read maybe did i dick an -- "moby dick" and remind ourselves what it is all about. >> i'm all for baby literature. it is especially wonderful at night because you're bonding with your child or reading with your died child. so matter what time of day it is when reading these books you're bonding with them. secondly i remember when my little boys were little, i played them classical music when their stomach and of course when they were born. i'm not saying today they love classical music. they're six and nine but both of my boys do love music. there is something to be said about sharing the classics with your children when they're young. i'm not saying that they are going to understand what it is but they might form a liking for it or might really enjoy it. and there is nothing wrong with stimulating your baby's mine and reading something you might enjoy yourself. >> i was taking a look at "pride and prejudice." with their version of

"pride and prejudice" which we have and show the viewers. it is really up with word with a very cute picture. it is very loose plot of "pride and prejudice." dr. russell, for children that are two, for example, can they actually retain this information? i mean i do remember good night moon. that may not be "pride and prejudice" should my parents read me this instead? would that have been helpful later in life? >> you know, i think you and i turned out okay and we were not getting the classics. we were getting quality time with our parents, reading to us. i think that is the important thing. it is more about that you read, than what you read. and the you in this is pivotal, jenna, that you do it as a parent because other people, nannies, day care providers are never going to be as interested in the intellectual development of our children as you are. jenna: so does that mean i can read my child the newspaper? it doesn't really matter what

i'm reading? that would be great to multitask by the way. >> if your children, if you want to read them parts of newspaper that are appropriate, my nine-year-old loves sports. the to the day first thing he wants to do is read sports section of the paper. maybe because my husband and i big newspaper readers. and in the morning he saw us read. sometimes i would read to him appropriate stories when he was younger about different sports people that he loves. you never know. it can't hurt. again i think it is really about the bonding between a mother and the father and the child. i love that we can actually cuddle up to a book with them instead of throwing them in front of a television or in front after videogame which so many parents do today. it is about a bonding relationship. jenna: before i let you go, liz, by the way you have good news, don't you. >> i do, shall i share it. jenna: i think you should because it goes with segment. >> it certainly does i'm expecting a little girl. jenna: congratulations. >> thank you. jenna: we need to get her an agent. already making first appearance on television.

not even born yet. we'll check in with you next few months to see how the reading is going with classical music. >> thank you. and lenny kravitz, beatles. whole array. jenna: sound like you both are on the same page. quality time with your kid and you get to choose what that quality time looks like. great to have you both. >> thank you. >> good night kittens. a witness telling the world what he saw the night four americans were killed in benghazi. terrifying attack in his own words. plus what his account could mean for the ongoing investigation. >> they said, well you have to kill americans, not libyans of the so they give him a good beating. pistol-whipped them. beat them with their rifles and let them go. the basics, you k. i got this. [thinking] is it that time? the son picks up the check? [thinking] i'm still working. he's retired.

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jon: new calls for a special committee to investigate benghazi now that an eyewitness to the terror attack has stepped up. hear in his own words what he saw that tragic night. trial of a doctor accused of killing his wife will resume with testimony from his former mistress and his 12-year-old daughter. our legal panel weighs in on that. and the boston red sox back in it thanks to an unlikely hero. a fill-in who off the field has cheated death five times. jenna: new western eyewitness

coming forward on the attack in benghazi. our ambassador chris stevens and three other americans were killed on september 11 last year. now the former british bodyguard is speaking out about what he saw there. >> i didn't see who it was, you know? it didn't take long to get to the room and i could see through the glass. i didn't even have to go into the room to see who it was. i knew who it was immediately. >> who was it? >> it was the ambassador dead. yeah. shocking. jenna: new senator graham is calling for a joint committee to investigate benghazi. he was on fox and friends this morning with heated words for the white house in reaction to the attack. >> who the hell told susan rice this story about a protest gone bad and who told the president

there was no evidence of a terrorist attack? we're just beginning in bone goesy and to the families, we're not going to let this go. congress needs to up its game. jenna: this new witness reinforces much of your reporting on that night. does he add anything truly new to the story? >> he reaffirms, really, what we've been reporting. some of our reports for fox news.com last fall included this "60 minutes" witness account. he spoke to me on the phone a number of times and we stopped speaking to him when he asked for money but what he does last night is kind of reaffirm the fact this attack was vicious, that it was preplanned. they knew this was not a random situation. this was a preplanned attack and these were al qaeda fighters who were there to kill and maim. take a listen to a couple of -- one sound bite in particular he talks about what he was seeing that night as this was all going

down. >> so what's going on? he said we're getting attacked. i said, how many? he said they're all over the compound. and i was shocked. i didn't know what to say. ani said, just keep fighting. i'm on my way. >> he was a security chief for blue mountain security. they provided the security staff that were not armed for the embassy and when i spoke to him last december, last time i spoke to him on the phone, he said that the men were supposed to go away when this attack started because they didn't have any guns or weapons. they were there basically to keep the riffraff out but he was very shaken in december. he knew the ambassador very well and was interesting to see him on camera last night. jenna: very interesting. wheat the latest on the story in general? seems like there's a lot of missing answers here. >> there are a lot of missing answers and what this report does last night is it reaffirms the fact what we've been reporting that the situation was

really, there hasn't been a lot of answers when it comes to the reaction. that's where a lot of this comes down. you can question why we didn't have security, why the ambassador was in town but the questions we've still been given no answers. the first person to come forward on camera, an eyewitness that saw and everything heard that night. this is from may in our special report. take a listen >> they would have been there before the second attack. they would have been there at a minimum to provide a quick reaction force that could facilitate their exit out of the problem situation. nobody knew how it was going to develop. you hear a whole bunch of people and a whole bunch of add vviser say we wouldn't have send them. it was an unknown situation. >> that's a good point. you put his interview from may

and put the morgan sound bite last night and it goes back to the crux of this. we didn't know for sure the ambassador was dead roughly 10 hours after the first attack began and we never sent a plane in those 10 hours into benghazi. why? that's the question we still haven't gotten from anybody. people are still being threatened. this reaffirms the fact this story still has a lot of answers that have not been given to us and there's a lot of people in washington who refuse to give answers. jenna: and we'll stay on it. adam, thank you. jon: now to a story making headlines out of utah. former mistress of a doctor and lawyer said to murder his wife. martin mc neil killed his wife michelle so he could continue his affair with a woman named gypsy willis. they say he gave his wife a dangerous cocktail of prescription drugs and helped

her into a tub where she died. week two of the trial wrapped up friday with much anticipated testimony from mc neil's former mistress. gypsy willis told the jury their affair was not serious. listen. >> how often would the two of you having sexual relations? >> we would see each other about a couple of times a month. there were months when we didn't see each other. it was a very casual thing. just whenever we had time and it could be arranged. and it was -- >> go ahead. >> i think we probably had sex half the time. sometimes it was just lunch. jon: mc neil's own daughters have been testifying against him. thursday alexis somers took the stand denying allegations she coached her younger sister who is also set to testify. let's bring in our legal panel. brian, put on your prosecutor's hat for a moment. you have some problems with the testimony or what the daughter

said to his co-workers about finding his wife in the bathtub. what's your problem with that whole story? >> absolutely. you know, if the prosecution has a chance at winning this case, they've got to talk about the circumstances that surround the alleged homicide. you know, number one, what grieving husband moves in his lover nanny a week or two after the death of his wife? second, when he spoke to his co-workers, he told them his wife fell in the tub. there's no evidence to support that theory. if someone falls in a tub, they're going to be sprawled out over the tub. not niecely laying in it face up and more importantly, there will be physical evidence of it. that person will have bruising, a bump on their head, a slash, something that says they fell out of the blue. as opposed to being neatly placed there. jon: this woman gypsy who is testifying for the prosecution, interestingly enough, she's 20 years younger than the good doctor. she moves into his house in the

weeks after his wife dies. the children are told she's going to be their new nanny but the older children said she didn't do anything. >> yeah. let's put nanny in air quotes. martin mac neil was having an affair with this person and she was stupid testifying it was very casual was dumb for her to do. i think martin mac neil was in love with this woman but listen. being a cheater dent make you a murderer. every cheating spouse could be accused of murder, we need a lot more jails. the fact he was not in love with his wife at the time he died is horrible but it does not make him a criminal. this is the weird thing about this case. prosecutors normally have a crime and they have to prove who done it. here prosecutors think they know who done it but we don't have a crime. we have three medical examiners who can't say that this was a homicide. this is an uphill battle for the

prosecutors without a doubt. jon: brian, what about that? you've got to prove it beyond a reasonable doubt. >> cases that go to court do not come in neat little boxes and this is a case where, if there wasn't a strong motive, yes, there would be a good question but the best witness is the doctor himself. his story makes no sense. if he would have kept his mouth shut and said i don't know what happened with my wife, that would be believable but he told people she fell in the tub and the physical evidence contradicts that. she should have a bruise on her head. nobody falls neatly face up, fully clothed, in a warm bath of water. just doesn't happen. jon: these two, the doctor and gypsy, were exchanging text messages on the day of the funeral and according to the time stamps, even during the funeral. that suggested it's far more than just a casual relationship. >> no doubt. i'm sure it was hot and heavy and it could have been hot and heavy for a lng time and that's

why latter indaughter's trying to avenge her mother's death. she's standing in the shoes of her mom. it's no good when your father is having an affair. the fact his wife ended up dead doesn't mean there's an automatic connection between somebody who might have motive to kill and somebody who actually did kill. there's no physical evidence to prove a homicide here. jon: the girls, the older girls, think their father did it. we'll keep our viewers apprised. thank you both. >> thank you. jenna: and legal panel will be back next hour for a few other cases as well. winter storm is rolling in and it's not even halloween yet. we'll tell you how many snow will slam the rockies. jon is excited about that for sure. the detroit lions quarterback has a future. he can even fool his own linemen. we'll show you the play that has everybody talking.

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jenna: new next hour a new report iran could have enough enriched uranium to build a nuclear bomb in less than a month. plus a new warning when it comes to buying health insurance. how do you know what you're getting before you choose? do you want to compare health plans on the website, you can't. a ride operator is due in court to face criminal charges after five people were injured at the north carolina state fair. jon: new fox weather alert. we're keeping a close eye on a storm system moving across the country right now. some parts of the nation are going to be dealing with heavy snow and freezing rain. elsewhere, severe thunderstorms and tornados are possible. maria is following this system from the fox weather center. you're going to be busy. >> yes. busy for a couple of days. storm system is very widespread and it's going to be affecting people anywhere across the west

starting today and then as far as parts of the east as we head into the end of the work week. we already have winter storm warnings in effect and also winter storm watches because significant snowfall is possible and you're also looking at strong winds gusting up to 60 miles an hour out here. take a look at how much snowfall we're expecting. we're looking at to a foot and even higher amounts in the higher elevations of colorado, parts of utah and sections of montana. now, in colorado you're going to start to see the impact by tuesday but today already seeing them across parts of the northern rockies. now, on the warm side of the storm system, we're also looking at very heavy rains from texas up to the midwest. several inches of rain will be possible so we are looking although a flooding concern out here and you mentioned tornados. we're already looking at that threat today in place across sections of kansas and tomorrow and wednesday, areas across texas, oklahoma and even into kansas are going to have a

concern for more tornados, damaging winds and large hail. jon: seems late in the year for that weather. >> we do tend to see a second peak of severe weather in the fall because we're seeing the transition from hotter temperatures to cooler temperatures. jon: thank you. jenna: more on one of the top stories today as the n.s.a. faces even more criticism after reportedly tapping the phones of dozens of world leaders. we'll have the latest on this scandal rocking the spy agency and he must have nearly as many lives as a cat. we'll tell you the baseball player that evaded the grim reaper five times. 's it? i mean, he picks up the tab every time, which is great...what? he's using you. he probably has a citi thankyou card and gets 2x the points at restaurants. so he's just racking up points with me. some people... ugh! no, i've got it.

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jenna: boston red sox are back in it after saturday's bizarre obstruction call.

there was this last night. >> this game is over. the red sox win it 4-2. >> no way can this happen. jenna: cardinal pinch runner blocking the red sox world series win last night beating the cardinals 4-2 tying the series up two games apiece. it was this hit that got the ball rolling for the red sox. >> two on, two outs for the red sox. drive into left. back at the track. johnny gmomes hit a three run home run and put the red sox on top. jenna: his shot gave the sox the lead. not bad for a guy that was not supposed to play. he was filling in for an injured center fielder. while he's used to staring down

pitchers, he stared down death five times. freshman year in high school, his sleeping bag was set on fire. next year a car crash put him in the hospital. in his senior year he was nearly shot during a camping trip and topping it off, he had a heart attack on christmas eve in 2002. and was seriously attacked by a wolf hybrid as well. we're not making this up. this is something he talks about as well. apparently bringing some luck to the red sox. especially last night. jenna: that was a shot, man, when he hit that three run homer. that set that place on fire. jenna: have you ever been a beard guy? jon: briefly. we will not show those pictures. jenna: i was just curious if this is something we should start on "happening now." it would be one sided but this is apparently the good luck kind of -- boy, what do you want to call it? jon: worked for it last night. jenna: just grab ahold of the beard. jon: cowboys falling for the oldest trick in the play book,

you might say. last night fourth quarter, detroit lions down by six. they drive down the field 80 yards, no time out. 12 seconds left to play. lions quarterback matt stafford pulls a little trickery. watch. >> touchdown! unbeliefable. jon: he faked the spiking of the ball that would have stopped play. dallas falls for it. he runs in for the winning t.d. never spiked the ball. even his offensive line says they were fooled and that's why you play the entire game. jenna: quite the actor. what do you think of that play? jon: everybody thought he was spiking the ball. jenna: a new report adding urgency to calls for children to get flu vaccinations. centers for disease control with a frightening message about

healthy kids dying from flu complications. we have a doctor coming up on that. plus a man accused have killing a fugitive rape suspect. he's in court today. wait until you hear the charges. he said it's self defense. legal panel weighs in coming up. t or more on car insurance. everybody knows that. well, did you know that when a tree falls in the forest and no one's around, it does make a sound? ohhh...ohhh...oh boy! i'm falling. everybody look out! ahhhhh...ugh. little help here. geico. fifteen minutes could save you...well, you know. anybody?

jip breaking news on top headlines and brand new stories you'll only see here. new problems for the obamacare website as the white house braces for more hearings on just what went wrong. we'll go live to the pentagon on a disturbing new report to find iran may be much closer to producing a nuclear weapon than anyone thought. and this man said he was just trying to help police nab a suspected rapist when he shot the fugitive dead. our legal panel on the slew of charges he now faces. it's all "happening now."

jon: thanks for joining us for the second hour of "happening now." jenna: and happening now, a white house in damage control as the hits from fugitive leaker edward snowden continue to keep on coming. just as the white house is fending off reports that president obama knew the n.s.a. was eavesdropping on german chancellor's personal phone calls, the latest bomb shell is this. n.s.a. reportedly monitored 60 million phone calls made in spain in just a single month. that's according to documents leaked by snowden. spain is summiting the u.s. ambassador to the country demanding an explanation. steve has more on this story. >> this controversy just keeps widening. spab now summoning the u.s. ambassador on monday to discuss these allegations of spying on spanish citizens that it said could break what's become a climate of trust between the two countries. now, if proved true, it could be a diplomatic problem for the u.s. and spain.

earlier the spanish newspaper said the n.s.a. had recently tracked over 60 million calls in spain. that in the space of a month alone. citing a document that was part of a paper by contractor edward snowden. this comes amid the political fire storm over whether president obama was informed that the german prime minister's phone calls were wiretapped. >> giving any document at all about any world leader, the person briefing him or the briefing bookie would have to say where it came from, especially since it's so controversial, so sensitive, i should say. to no. i can't believe as commander in chief, as president of the united states that if this was being done that he didn't know about it. >> and others, democratic operatives, say there's every reason to believe the president did know that there was this danger and this is why he gave

up his blackberry. >> when the private gave up his blackberry the day he became president and he was upset he had to give it up, why? because other countries would be listening in on it. the real miracle or stunning thing to me is that the british purchase thought she could talk to a cell phone and no one would be listening to her, allies or foes would be listening in on her conversations. of course we were. >> how does the n.s.a. respond to all of this? they issued a statement saying general alexander, head of the n.s.a., did not discuss with president obama in 2010 an alleged foreign intelligence operation involving german chancellor merkel nor has he discussed chancellor merkel. news reports otherwise is not true. back to you. jenna: more on this story as we get it. thank you. jon: the obamacare website

crashes again. while it appears to be working now, what failed was the one part of the system over the weekend that was thought to be reliable, the central data hub that verifies users' personal information. let's talk about it. bret anchors "special report." so this data hub is the key component of the system. everybody thought it was at least up and running but the fact it goes down, what does that do to this whole system? >> raises a lot of questions about security of information. it raises a lot of questions about the broader systemic problems with the website. you know, the health and human services secretary touted this data center, this hub just saturday saying it was only taking a second to second and a half to get the information from the i.r.s. and social security administration inter weaving it with health care.gov saying

that's important in all of this. then it all went down. and it raises questions about the integrity of the system overall. a lot of this is focused on the website and i'll bet we'll hear a lot about all of this rollout on wednesday when sebelius testifies on capitol hill. jon: congressman rogers from michigan, as you well know, has been wondering aloud whether the security of americans' private information is going to be guaranteed on this site. when we'll are being asked to give up so much information about themselves, to a website that seems to be full of holes. >> yeah. and congressman rogers has a unique perspective on this with all thinks team dealing with cyber security and the bill he was moving forward to cyber security has done a lot of research and nalz on. this there's legitimate concern if he's expressing it as loudly

as did he this weekend. jon: more and more democrats are saying you have to delay the mandate. is that snow ball going to keep rolling on capitol hill? >> it probably will but more likely is the delay of the enrolling so the deadline for enrolling will probably be extended. right now it's march 2014. if the individual mandate is delayed by a year, essentially you're really putting the whole system in a bind and, you know, critics of the system say that's really what should happen. supporters say if you do that, the equation doesn't work out. the impetus to have people sign up is -- that's the reason the law was made the way it was made, supporters say. so the question is whether they can afford to do that and still get their target of seven million people signed up by march and a lot of those being young people who are healthy as opposed to older people who are

sick. if you look at the numbers. some of the states are saying very small numbers have signed up on the exchanges but big numbers have signed up for medicaid and that's a major problem. jon: that's going to have to be funded by those states, right? >> exactly. initially the federal government will take a chunk of this for a couple of years, the states that have signed on and expanded it but then after that the states have to pick up the bill and that becomes a hugeancing act of financial priorities. jon: and that means really anybody who is paying taxes is footing the bill eventually. >> yep. jon: you'll have more tonight, i'm sure. bret, thank you. jenna: without knowing it. bret is that good. he led us into the next segment here. we'll taur being about the health care rollout, there was something that came up on the

sunday show that caught our attention. >> of the 26,000, 21,000 are in medicaid. 5,000 are in qualified health plans. we've got another 10,000 going onto the plans that are in the process of choosing. it's a lot quicker to get somebody enrolled in medicaid once you find out they're eligible. jenna: and the blue grass state is hardly alone when it comes to medicare applicants making up the majority of the enrollment. 87% of the enrollees joined medicaid plans according to state figures. in kentucky, medicaid makes up 82% of total enrollees and in new york state, the percentage of folks enrolling in medicaid plans makes up about 64% of the total. the big question remains about whether the program is enlisting the young, healthy people it needs to get into private insurance markets to function according to administration's

plan. jon: let's take a quick look how the obama website has rolled out thus far. by some estimates it already cost more than $400 million and counting. in december 2011, the contractor c.g.i. was award a $93.7 million contract to develop the site. actual construction of health care.gov began in the first months of this year. october 1 the website made the big debut rolling out live. president obama gave a speech in the rose garden last monday in which he suggested people dial the 800 number if they couldn't get through to the website. on tuesday, the president enlisted former o.m.b. director and other technology officers and chief technology officer todd park, i should say, to help fix the website. jenna: and we'll continue to watch that. right now there's some new concerns on a looming danger. iran may be closer to getting a nuclear bomb than previously thought. iran could produce enough

weapons grade material to make an atomic bomb in as little as a month. national security correspondence is live from the pentagon taking a closer look at this report. why is this new report giving this time line? >> essentially it's significant because it comes from one of the top u.s. nuclear website, a former iaea weapons center. he monitors iran's nuclear program as closely as any non government group in this country. their conclusion released last week, iran could produce enough weapons grade highly enriched uranium in as little as a month. that's vastly shorter than what the obama administration has repeatedly said it would take iran a year to have enough uranium for a bomb. we've been hearing those estimates for years now. david allbright, former weapons inspector, concludes iran would have to eliminate more than half of the 19,000 centrifuges to extend the time it would take it to build a bomb to six months.

jon: why are we hearing so much about the capacity now? why is that the focus? >> essentially because iran began high level talks with the u.n. watchdog, the iaea in vienna today. u.s. began negotiations with iran with the nuclear program october 15. their next meeting is going to be next month in geneva. the next meeting with the u.s., the white house has been trying to convince congress in the process not to add to u.s. sanctions against iran while they negotiate. the sanctions have hit iran's oil industry particularly hard, cutting revenues in half. anti-american billboards have created quite a stern in iran and a backlash against hard liners who want to undermine negotiations with the u.s. billboards show an american nuclear negotiator wearing a military uniform with the weapon pointing at the negotiator. those billboards were ordered

taken down over the weekend. jenna: very interesting look. thank you. jon: chris brown goes in front of a judge today, apparently back in trouble again. what the singer is accused of now that has him in serious legal trouble. plus the latest white house scandal over spying, raising the question of deniability. are the media giving the president a pass on what he knew? our news watch panel weighs in fair and balanced. and what led police to charge the operator of a carnival ride after several people get hurt? and why they believe this was no accident. a live report ahead. >> 911. what is the address of the emergency? >> we're at the state fairgrounds. i'm not sure if they have -- we have the vortex and people are coming off the ride. people are hurt. [ coughs, sneezes ]

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jenn jenna: singer chris brown is in court today after a fight at a washington, d.c. hotel. he allegedly punched another man in the face after fans tried to take pictures of him. brown is still on probation for the 2009 beating of his then girl friend, singer rihanna. jon: a fair ride operator is in court today on assault charges. police claim he intentionally tampered with the vortex ride at the north carolina state fair. a move that ended up injuring five people, three of them critically. jonathan is live in atlanta with details. what's going on here? >> this ride operator faces three criminal counts of assault with a deadly weapon n. this case the alleged weapon is the ride itself. authorities are accusing the operator, timothy tutero of georgia, of altering the ride in a way that made it unsafe.

listen. >> we have determined that this ride was tampered with after the inspection and that critical safety devices were tampered with and compromised. >> he is scheduled to appear in court this afternoon. his attorney did not discuss details of the case but said his client is devastated by what happened. witnesses say on thursday, a ride called the vortex, suddenly went into motion while passengers were exiting and no longer in restraints, dropping some riders from heights of 20 feet or more. at least five were injured and three remain hospitalized. early this morning, a worker at the north carolina state fair was injured while dismantling another ride, also called the vortex but authorities point out these are two separate rides, totally different in construction and the ride associated with the injury this morning is unrelated to the vortex ride at the center of

this criminal investigation. jenna: new developments in the case of a man accused of being a vigilante killer. david carlson is charged with shooting a suspected child rapist dead but was it murder or was it self defense? our legal panel analyzes both sides. wait until you hear the charges against this guy, by the way. president obama says he was out of the loop on the n.s.a. spying scandal. you can bet our panel has some thoughts on that and that's coming up. disrespect he should have known but it's hard to believe that he didn't know when he's briefed on these things. [ indistinct conversations ]

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jenna: right now a man from upstate new york is accused of killing a fugitive rape suspect and he is due in court today.

the man on your screen. police say david carlson killed a fugitive with a shotgun blast and charging him with murder and manslaughter among other things. others are rallies around carlson saying he's no vigilante. he had previously taken this man into his home, shared food with him and had him do odd jobs in exchange. he turned to police when he discovered the man was, indeed, a fugitive but police reportedly missed apprehending him. was this self defense? did he take justice into his own hands? let's bring in our legal panel. great to have you guys back. the charges here are quite extensive. let me just read a few. murder in the second degree, manslaughter, first degree, manslaughter in second degree, misdemeanor on a weapons charge. what do you think about the charges? >> this tells me that the prosecution is literally throwing everything up to see what sticks. they don't know exactly what went down that day with the

killings but it's smart frer a prosecution standpoint to overcharge than to undercharge. if you undercharge, you risk never actually getting a conviction on anything because of due process concerns down the road. so overcharge but a regular jury, even if it gets that far. i suspect when you have this many charges, the d.a. is probably going to resolve it for the lesser of all of the evils here. that's just my guess. jenna: let me point out the maximum, brian, could be life in prison. if you look down at other charges, we're talking about a couple of years behind rs. there's no question about whether or not he's the one that shot this man. the question is, how it all happened. so what is the likely outcome here? >> well, the truth is there's a lot of information we don't know yet. there's a lot of facts that are yet to be seen. so far the only people that know all of the case that the prosecution has to put on is that grand jury and they have returned an indictment so as a trial lawyer, that leads me to beg the question, what is in the

donut hole? i have a suspicion the case for the prosecution is not going to be one that's based on vigilanteism because clearly there's no evidence of that. it's a question about the lawfulness of the use of deadly force. and frankly, the evidence will be what it will be and either the prosecution is going to outright lose this or maybe they have a case to make but it's yet to be seen. jenna: what about the intention? we're looking at the reports that this man woke up, had the intention that day to kill this man who he had befriended and brought into his home and had dinner with. he tried to help him out. in the description from neighbors, it seemed that david carlson was being a good samaritan. this man is now dead who is wanted in a child rape case. how does intention fit into all of this? >> it's going to depend on what he intended to do. did he intend to with malice shoot and kill this alleged rapist because he was an alleged rapist?

that's going to get him a first degree murder conviction. or did he intend to subdue this man, things got out of hand, the gun goes off and somebody is dead? that brings you down to one of the lesser homicide offenses. jenna: there's only one other witness with all of this. let me just set the stage a little bit. this is a community that's very rural. there's a lot of children around. neighbors were very worried. police had come twice to find this guy. they weren't able to track him down and the police force is not 24/7. it's a part time police force so how did those factors, you know, figure into a case like this versus if this was a case we would see in the urban area, for example? >> i'll tell you something. as a former prosecutor, i can tell you there are cases that you go to a grand jury on, ho indict. you know, you have to bring the question that's your duty as law enforcement but this is going to be an uphill battle. you know, if i was the prosecution, i would be very worried about how this trial and how this case is going to unfold because at the end of the day,

on one side you've got a child rapist and on the other side, you have a guy turning him into police. an alleged child rapist. jenna: would you put david carlson on the stand then? there was nobody around. what would you do? >> you have to put him on the stand. we know we have a dead guy. it's why done it. you have to put him on the stand to tell his story, what transpired that morning, why the gun went off and what was going on in his head. so yes, definitely he's going to have to speak at this trial. jenna: is there any chance -- i'm sure viewers could go either way. it's not fair to kill somebody. if i was trying to protect my family, maybe i was worried about this guy, then what am i supposed to do? we don't know the details but does it look like no matter what, david carlson served time behind bars or is there a chance he doesn't? >> there's no chance that no matter what. it all depends on the evidence

and how the evidence plays out in court. this case is developing and frankly, we need more information before we can make any substantive call on what happens. jenna: it's about 60 miles north of the city here in new york city and it's an interesting case. a lot of emotions surrounding it. we look to have you back to talk more about it. >> thank you. >> thank you. jon: there's a new case of buyer beware to talk about. you can rely on quality ratings when you buy a car but when it comes to your health insurance, the crucial information you need to make the right choice might be hard to find. we'll be live from los angeles with that story. >> say you want to buy health insurance. this provide serrated number one in the country. this is rated number 500. should you have the right to know? this plan gets a five star rating on treatment and customer service. this one flunked. if the administration and most state exchanges decided you

should not know. >> health insurance being provided is good. it's high quality. >> but is it? how does a consumer know they're not just getting a low price but the best product? >> value is a combination of price versus quality so the equation. it's like a teeter totter. so put it out there. the price is out there. put out the quality ratings. >> while promised by obamacare, most states do not post quality ratings even when available. >> it's extremely important people have the rating information. otherwise, they're confronted with all these plans on the exchanges. the benefits are the same. so they're just going to pick the lowest price when, in fact, picking a slightly more expensive plan might serve them better. >> the national council on quality a insurance rates almost every plan nationwide on treat many, prevention and customer service. each category is scored on a scale of one to five and then plans are ranked from best to worse. as you can see from this map,

only eight states in green display any quality rating on their website. those in red do not including the federal exchange in orange which handles providers in 34 states. >> that's ludicrous. consumers deserve to know. >> but unrated providers say no rating reflects poorly on them. district rating system is really, really important. otherwise, choosing a plan on these exchanges is just a shot in the dark. >> so states don't have to post any rating until 2016. many of the providers are now so the network of doctors is new. they have no rating and to post that, some officials argued, could dissuade people from signing up and others say the ratings are out there. they should be posted. jon: thank you. and obamacare giving a serious

case of sticker shock to the middle class in california. thousands of consumers are seeing some pretty hefty increases in their insurance bills as obamacare reshapes the market for health insurance, the price tag for middle class consumers in california going up an estimated 30%. one reason given for the increase in part, to cover the higher costs of covering sick and poor americans. jenna: well, a disturbing new report on kids and the flu that every parent needs to know. plus is there a pattern emerging of president obama denying any knowledge of several scandals while taking credit for the administration's successes? >> let me take the i.r.s. situation first. i first learned about it from the same news report that i think most people learned about this. i think it was on friday.

jenna: a fox news alert taking to you washington, d.c. it is the swearing in of the new f.b.i. director. recently took the job and one of the big questions for this job right now has been some of the budget woes that a lot of the departments down in washington, d.c. have had to deal with. so he has a big job on his hands. he's the new f.b.i. director. we expect the president to speak shortly and that will be important to watch for considering the climate we're in right now. n.s.a. stories over the weekend.

there's a question about security and also about information collection that is happening right now from our country and what that looks like. what is the plan moving forward? we'll pay close attention to the president and when he stands to the microphone, we'll listen in just for a short while and see what he has to say. the president is speaking on james comey. >> thank you so much. thank you very much. thank you. thank you so much. please, everybody, be seated. those of you who have seats. good afternoon, everybody. i am so proud to be here and to stand once again with so many dedicated men and women of the f.b.i. you are the best of the best day in and day out. you work tirelessly to confront the most dangerous threats our nation faces.

you serve with courage, you serve with integrity, you protect americans at home and abroad. you lock up criminals. you secure the homeland against the threat of terrorists. but not a lot of fanfare, without seeking the spotlight, you do your jobs, all the way upholding our most cherished values and the rule of law. fidelity, bravery, integrity. that's your motto. and today, we're here to welcome a remarkable new leader for this remarkable institution. one that lives those principles out every single day, mr. jim comey. before i get to jim, i want to thank the predecessors that are here today. we're grateful for your service.

i have to give a special shoutout to bob mueller who served longer than he was supposed to but he was such an extraordinary leader through some of the most difficult times we've had in national security and i consider him a friend and i'm so grateful for him being here today. thank you very much. [applause] now, jim has dedicated his life to defending our lives. to making sure that all americans can trust our justice system to protect their rights and their well-being. he's the graprosecutor who help

bring down the gambinos. he fought to rub out white collar crime, deliver justice to terrorists and just about impossible to find a matter of justice he has not tackled and it's hard to imagine somebody who is not more uniquely qualified to lead a bureau that covers all of it. traditional threats like violent and organized crime to the constantly changing threats like terrorism and cyber security. so he's got the resume. but of course, jim is also a famously cool character. the calmest in the room during a crisis. here is what a fellow former prosecutor said about him. he said, you know that kipling line, if you can keep your head when all about you are losing

theirs, that's jim. there's also a story from the time during his prosecution of the gambino crime family, one of the hit men named renzel. during the trial he won an award from the new york city bar association. everybody was buzzing about it and suddenly a note was passed down from the defendant's table across the aisle to the prosecutor's table. it was handed to jim and it read, dear jim, congratulations on your award. no one deserves it more than you. you're a true professional. sincerely, lorenzo. now, we don't know how sincere he was. we don't know whether this was a veiled threat or a plea for leniency or an honest compliment but i think it is fair to say that jim has won the respect of folks across the spectrum

including lorenzo. he's a perfect leader for an organization whose walls are graced by the words of a legendary former director. the most effective weapon against crime is cooperation. jim has worked with many of the more than 35,000 men and women of the f.b.i. over the course of his long and distinguished career. and it's his admiration and respect for all of you individually, his recognition of the hard work you do every day, sometimes under extraordinarily difficult circumstances, not just the folks out in the field but also folks working the back rooms, doing the hard work, out of sight. his recognition that your mission is important is what compelled him to answer the call to serve his country again. the f.b.i. joins forces with our

intelligence, our military and homeland security professionals to break up all manner of threats from taking down drug rings to stopping those who prey on children to breaking up al qaeda cells, disrupting their activities, thwarting their plots and your mission keeps expanding because the nature of the threats are always changing. unfortunately, the resources allotted to the mission has been reduced by sequestration. i'll keep fighting for those resources. because our country asks and expects a lot from you and we should make sure you've got the resources you need to do the job. especially when many of your colleagues put their lives on the line for a daily base, all to serve and protect our fellow citizens. the least we can do is make sure you have the resources for it and your operations are not disrupted because of politics in this town. [applause]

now, the good news is things like courage, leadership, judgment and compassion, those resources are potentially at least inexhaustible. so that's critical we seek out the best people to serve. folks who have earned the public trust, who have excellent judgment, even the most difficult circumstances. those who possess not just the key knowledge of the law but also a moral compass that they and we can always count on. that's what we've got in jim comb -- comey. i interviewed a number of extraordinary candidates for this job. all with sterling credentials. but what gave me confidence that this was the right man for the job wasn't his degrees and wasn't his resume. it was in talking to him and seeing his amazing family, a

sense that this is somebody who knows what is right and what is wrong. and is willing to act on that basis every single day. that's why i'm so grateful he signed up to serve again. i will spare you yet another joke about how today no one stands taller. i simply want to thank jim for accepting this role. i want to thank patrice and the five remarkable children that they've got because jobs like this are a team effort as you well know. and i want to thank most of all the men and women of the f.b.i. i'm proud of your work. i'm grateful for your service. i'm absolutely confident that this agency will continue to flourish with jim at the helm and if he gets lost in the building, i want you guys to help him out because i guaranter

back. make sure you've got his back as well. thank you very much, everybody. god bless you. [applause] jenna: the president speaking at the installation ceremony of james comey. you can see the president made a comment about his height. you can see rather tall man, a lot of service jim comey has given to our country and a variety of different administrations so he's the new f.b.i. director taking over at a time that the president mentions there's some resources for all the departments. that's going to be one of the big topics he'll have to confront but a new f.b.i. director today. jon: there is new research warning that even healthy children can die from the flu. our doctor is here to separate fact from fiction. we'll get into that ahead. it's a growing trend in business:

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jon: happening now, the uproar of spying on the german

chancellor for years. just the latest in which the obama administration insists the president had no knowledge this was happening. problems of the rollout of the insurance website, or even the justice department spying on reporters for suspected leaks to inadequate security for our consulate before the benghazi terror attacks or operation fast and furious. the president or his people saying mr. obama simply didn't know. but when it comes to his administration's success stories like the killing of osama bin laden, the president appears to have been in the loop and very hands-on. >> i was briefed on a possible lead to osama bin laden. it was far from certain and it took many months to run this threat to ground. i met repeatedly with my national security team as we developed more information about the possibility that we had located osama bin laden hiding within a compound deep inside pakistan. and finally, last week, i

determined that we had enough intelligence to take action and authorized an operation to get osama bin laden and bring him to justice. jon: so are the media giving the president a pass on his failures and emphasizing successes? let's talk about it with jim pinkerton, alan colmes, host of the alan colmes show. both are fox news contributors. what do you think about the premise? >> i think there's a lot of piling on right here. we can't say that obama didn't know about it and that's bad or he did one thing that he did know about and that's good and i think that's a very one sided picture of what's gone on here. for one thing, in terms of benghazi, this has been promoted by republicans in an attempt to win the election last time. that has turned out very well. we hear about the i.r.s. scandal. they find out there were progressive groups as well.

the president can't know everything about everything that goes on. a good leader delegates and by the way, the "wall street journal" conservative publication, reported today that president obama, once he found out about the tapping on andrea merkel's phone, he put an end to it. if this started 10 years ago, did the previous president know about it. let's get the whole story here. jon: there are reports in the german media and the european media are making a big, big deal out of all of this. this is not getting a whole lot of attention in the u.s., at least not right now, but there are reports in the media that top n.s.a. official said the president was aware of it, was made aware of it and asked it continuing to on. >> the "wall street journal" says the opposite today. jon: what do you think of alan's point? >> find this out. the german media says the president knew about it in 1 2010. let's investigate. the last time we had a president who was preside overing --

presiding over a lot of snooping was watergate and the media couldn't wait to connect the water tapping of the watergate buggers to the president himself and ultimately ran him out of office. now we have not just the spying on the democrats like in watergate, spying on the whole country and the whole world and the mainstream media for the most part are perfectly happy. oh, the president didn't know just like he didn't know about benghazi, about the i.r.s., about anything else. there's a guy on twitter who said what did the president know if he doesn't know anything about these things happening under his watch? remind me of sergeant shulz and hogan's hero. i know nothing. i see nothing. i hear nothing. the media aren't challenging that media. jon: alan, we'll take a quick commercial break. there was a president, a democrat in the white house named harry truman who had the sign on his desk that said, the buck stops here. so what should the sign say on mr. obama's desk?

we'll ask our guests after the break. 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. test. test. test.

>> working on this show, what are you doing up there? >> look at this great prop wall. tell me you can't work this into a segment today. >> precious. oh, so this is the trophy for the obamacare website. you get after that. we'll see you in a couple of minutes. jon: we're back with jim pinkerton and alan colmes. we showed that photo of harry s truman with the buck stops here photo on his desk. what should the sign on president obama's desk say? >> i think it was good advice for that democratic president and good advice for this democratic segment.

we saw that segment when he was introducing the new f.b.i. director, he doesn't engage. if he doesn't talk about it, the media says let's blame sebelius, the republicans, sequester and go forward. the president has a clear cut strategy of the opposite of the buck stops here. just ignore the buck. jon: speaking of obamacare, this is the president's signature achievement. he's talked about that since practically day one of his administration. kathleen sebelius says that the president wasn't aware of the problems with the rollout of the website until the first couple of days. >> again, this is an attempt to pile on, he can do nothing right to conservatives. everything he does is wrong. even when he went examine got osama bin laden he was accused by conservatives of all he did was give the order. he had nothing to do with it. i don't expect the president to be in on the mine -- minutia of

the website. who is the president who said i don't remember, i don't recall about iran contra numerous times? saint ronald reagan that could do no wrong with conservatives. jon: what about, i mean, the -- all right. i'm getting the wrap in my ear but, you know, that -- >> reagan fired everybody with the contra. >> he said he couldn't recall anything. where was the criticism on that? he didn't know anything? he couldn't recall anything? >> but then he cleaned house. >> count the number of times i don't know, i don't recall was said. jon: we'll have to wrap this up. talk about it another time. thank you. >> thank you. jenna: new report of christians fired in iran for practicing their faith. ambassador bolton will weigh in on the intensifying crackdown coming up.

i went to school in missouri

so i ought to be rooting for the cards. but boston, there was a bad year in boston. >> and our lovely producer would never forgive us. >> may the best team win. >> thanks for joining us, bill and ally are next. starting with a fox news alert. it continues to crash. and the white house has some explaining to do. i am alisyn. >> and happy mond to you. i am bill hemmer. new glitches on the health care.gov site. we will have fired up reporters including wend allin the white house. >> reporter: there is going to delay the briefing while the president attends the swearing in for the new fbi