bill: when you ask for something like this as part of the national conversation. the responses are unbelievable. martha: huge. bill: we don't have enough time. two hours is up, folks. martha: "happening now," starts right about now. we'll see you back here tomorrow. thanks, everybody. >> 11:00 on the east coast and a fox news alert as we await for a big announcement on whichcrapers tallest building. an organization of leading architects about to reveal whether one world trade center in new york or the willis tower in chicago is the tall err building after a design change at one world trade, raised questions about whether the building's symbolically important height of 1776 feet is being a rat. 1776 obviously the year the united states declared independence from great britain. some architects say the 408-foot needle on top of the freedom tower is not actually part of the building. take that away, it making it

significantly shorter than chicago's willis tower. we'll have a live report on that ruling in just a few moments. but first right now, brand new stories on the top headlines of the day. stories you will only see here. miss teen usa sector shun case back in court. a computer science student accused of hacking into cassidy wolf's computer faces a judge. how will he plead? the latest in this bizarre case. prosecutors say she pushed her new husband off a cliff a day after her wedding. they want the judge to drop first-degree murder charges against her. we'll tell you why. bombshell announcement from a daytona 500 winner. his serious medical condition and what it means for this young driver's future. it is awl happening now.

jon: good morning i'm jon scott. arthel: i'm arthel neville. less than 50,000 people signed up for plans on healthcare.gov in six weeks since the marketplace opened. that is according to insurers. now tensions are rising at the white house over the effort to fix the website and get those numbers up. you will remember when the site went online on october 1st, only six people enrolled. as the weeks passed it appears those numbers, well, they didn't get much better. we'll remind you the today's tally does not count people joining the expanded medicaid program. more than 460,000 people signed up for that. final numbers due out at end of this week. peter doocy is live at the white house. peter what is the administration saying about these lower than expected numbers? >> reporter: arthel that they're

really not that surprised that is the word from health and human service who is responded to our questions about these reports of low numbers like this, quote, more generally we have always anticipated that initial enrollment numbers would be low and increase over time as just was the experience in massachusetts where only 0.3% or 123 people paying premiums enrolled in the first month. as we've said, the problems with the website will cause the numbers to be lower than initially anticipated. just this morning we heard from republican senator robb portman who said the website's technological problems, coupled with the fine print in the affordable care act are leaving many americans uncovered. >> it's something that is even worse than many of us predicted because people are losing their coverage and not being able to sign up. >> reporter: the administration's target for year one remains seven million new

enrollments in the federal marketplace. they're about 6,950,000 short of that, with 139 days to go. connell: that's a big gap, peter. what are lawmakers asking the administration to do? >> reporter: arthel, we heard democrats and republicans alike demanding an investigation but now those calls are growing louder and more specific especially now this morning from democratic north carolina senator kay hagen. we got a copy of a draft letter she is writing to the government accountability office quote, taxpayers are owed a full and transparent accounting how the vendors contracted to build the site failed to launch it successfully. we strongly urge you to undertake a complete, thorough investigation to determine the causes of the design and implementation failures of healthcare.gov. senator hagen says she wants to know how much the big tech surge to fix the website will cost taxpayers. she called this morning on a

conference call for a two-month extension to the open enrollment period. arthel. arthel: peter doocy, thank you very much for that live report. jon? jon: so obamacare enrollees are still 450,000 short of the white house's goal for october but our next guest says until we find out how many people sign up for medicaid versus new health care plans we won't know how the low enrollment numbers could affect your wallet. a.b. stoddard, associate editor and columnist for "the hill." you have a much bigger medicaid number, 460,000. what does that do to the 40,000, maybe 50,000 who signed up for obamacare? >> we know from the early data the people who have actually succeeded in getting to the shopping cart and pressing click, having insurance, the information sent to the insurance companies and become officially enrolled in the affordable care act, they are older, sicker and preexisting conditions and they're expensive. there are also people who are not purchasing private insurance who are rushing in to the states

where there has been, the governors accepted medicaid expansion, rushing into medicaid. that is actually something that the government did not anticipate. the administration was hoping to see balance between those purchasing private insurance and those going into medicaid. so any real imbalance there, if we continue, if we get a fixed website, if people are able to enroll but they continue to choose medicaid over private insurance, that in the end is still going to skew it, make it more expensive to be privately insured and create the imbalance that could really crush the system that was apparently not anticipated by the law's authors. jon: just to be clear, medicaid is paid for bit states and the federal government. >> right. jon: so the more people signing up for medicaid the bigger the bill for taxpayers you will ultimately, right? >> there is really a case to be made that the administration has to look at three or four factors right now coming under this kind

of political pressure from their own party, from senators like kay hagan who want investigations into waist of taxpayer dollars, how much it takes to fix it and asking for a two-month delay. if they continue to not delay they have to take a fact desperate to enroll people directly working with insurance companies because the website doesn't work that we're still missing young and healthy people. we're looking the fact that the president lied. there is tremendous anxiety now among the insured about whether or not obamacare is going to affect their employer-provided plans like it did in all the cancellations of the self-insured policies. and then finally looking at this medicaid bit. if this is, if this is a surprise to the administration they will probably need to consider where the math all adds up, how expensive this could make private insurance for everybody and whether or not they actually do need to reassess the idea of a delay. jon: they're saying at white house they're not all that

surprised they have got fewer than 50,000 people signed up on the individual plans but at the same time congressman dave camp trotted out a white house memo which they estimated they would have half a million people signed up by the end of october, 10 times as many as they actually got. the white house can't have it both way, can they. >> that's right. even if the website was terrific and efficient and worked right away, no one ever told is they were following the massachusetts model and only expect the a 3% enrollment initially and it would be really slow and not get going until -- jon: .3%, wasn't it. >> sorry. but the point is, at this rate, okay, at this rate, they got less, fewer than one, they're not, even if the website was fixed tomorrow, jon, how can they, following the massachusetts enrollment rate get to where they need to be by march 31? they can't. they never told us we expect low enrollment at first. they never prepared for trying to go out and campaign among young people to really get them

to enroll early. so i think that they anticipated by giving that half a million number it was really going to go well early. and it didn't. only now they only expect ad crawl until after the new year. jon: right the congressional budget office said to expect seven million people by the end of march, 50,000 is a long way from seven million. >> right. and remember too, those consumers we keep talking about in this debate, young, consumers that are healthy and risk pretty much risk-free, they will come in and see a more expensive system if they wait until march because of glitches or they're just lazy or this all seems to much to them. if they go in late, prices could already be raised by insurance companies who have been forced to, to deal with fewer customers. many going into medicaid. fewer more expensive customers. this could raise rates that young people don't want to come in bit deadline. that's can what we're looking at. we're looking at democrats who might not wait until the spring

to see if young people are procrastinating. they have to campaign against the program now. jon: doesn't seem like it was anything like what the president promised. maybe they get something fixed. a.b. stoddard from "the hill." >> thank you. arthel: breaking in the philippines, desperation growing there as typhoon survivors plead for food, walter and shelter. as aid is arriving from around the world but the enormous damage is hampering effort to get help to the hardest-hit areas. estimates say 10,000 people may have died in one ofest storms in recorded history. hundred of thousands of others left homeless in the most devastated areas the effort is just beginning to clear away bodies and keep survivors safe. david piper is in bangkok, thailand, with the latest. david? >> reporter: hi, arthel. yes it is becoming a race against time to get those much-needed food and medical supplies to those needy people in the philippines in time.

we understand there is some help on its way now though. it is, it includes u.s. and british naval forces. the carrier uss george washington and support ships are steaming from hong kong and should be there within two to four days. >> i feel terribly as does my crew and as does the entire strike group on what's occurred and our hearts go out to all the people in the philippines. we are very much pleased to be able to provide help and relief. >> reporter: the helicopter air wing of the george washington will be crucial in getting help to the people particularly in those isolated areas which haven't been reached yet. the aircraft carrier can also produce 400,000 gallons of water a day from its water distilling plant. at least 10,000 people have died

in that typhoon haiyan disaster and that figure could rise considerably over the next few days. the city of tacloban was hit hard by a storm surge which flattened many of the buildings there. the u.s. marines have arrived there and they have some airlift capabilities and more marines are on their way from their base in okinawa, japan. the situation is getting increasingly desperate in tacloban where the marines are. people are attempting to storm the airport to get on flights out of there. there is also widespread reports of looting including convoys of aid. if this wasn't bad enough, there also has been an earthquake today of 4.8 magnitude one which shook the country, arthel. back to you. arthel: david piper, thank you for that update. >> a fox news alert and the brand spanking new one world trade center in new york city is indeed the tallest building in the united states.

topping out at a symbolically important 1776 feet. it surpasses chicago's willis tower, formerly the tallest. rick leventhal has a live report on the milestone straight ahead. plus, she's a reining miss teen usa who became the victim of blackmail after her computer and webcam were hacked. an update on the 19-year-old suspect accused in the case.

[ malennouncer ] 'tis the . more shopping. more dining out. more traveling. and along with it, more identity theft. every time you pull out your credit card, shop online, or hit the road, you give thieves a chance to ruin your holiday. you can't be on the lookout 24/7. but lifelock can. protecting your identity, your bank accounts, even the equity in your ho. when lifelock detects a threat to your identity within their network, they'll alert you by text, phone, or e-mail, protecting you before the damage can be done. act now and we'll protect you 60 days risk free. no one protects you tter than lifelock.

try felock protection 60 days risk free and get a special holiday gift -- a document shredder. a $29 value free. ♪ ♪ arthel: right now, new info on crime stories we're keeping an eye on. boston bombing suspect, dzhokhar tsarnaev wants more freedom in prison. they want the court to relief added restrictions as he awaits trial. 19-year-old computer science student is accused hacking into

computers of miss teen usa and others in order to force them to send nude photographs to him. jarrod abrahams is expected to plead innocent to eggs extortion shun. he is expected to get 11 years behind bars. >> alec baldwin is expected to testify against a form acquaintance who is accused repeatedly harassing him and showing up at his home. >> our committee reached consensus that the build something 1776 feet in height. that is to its architectural top. jon: well just in it is official. new york city's freedom tower is now america's tallest building. sorry, chicago. an organization of leading architects settling the issue just a short time ago. rick leventhal joins us live from lower manhattan with more. rick? >> reporter: jon, i will try to keep my voice down because the

news conference is going on behind me. safe to say a lot of people were holding their breath across this city including members of the organization which built the building, architects responsible for designing it and port authority which owns and manages the 16-acre site. as you mentioned they have decided, council on tall buildings decided one world trade is in fact 1776 feet tall. they say they did not take this decision lightly. they had a meeting of 25 members of their height committee in chicago last friday. it was behind closed doors. there was a presentation by the act tech and then the council and the committee looked at a long list of criteria try and determine if in fact this building met its symbolic height as advertised by the architects. here's more from tim johnson, the chairman of the council. >> the spires we feel are part of the architecture of the building that will not only be there permanently but have a significant effect on what the

building is perceived to be. >> reporter: that was the big question. the spire, was it a spire or was it an antenna. it is 408 feet tall. they decided it was part of the architecture of the building. it is significant. it's not temporary. it is a major piece of architectural significance on top of the tower itself which is 104 stories. chicago, you're not tallest in america but you have the highest occupied floor in the willis tower, formerly the sears tower. new york is number one, not a surprise to anyone here. jon: willis tower is 1729 feet. if they add another 60 feet on to the spire on top of their building they could reclaim the title, right? >> but the antenna on top of the willis tower doesn't count. that is not included in the official height. jon: oh. >> the spire on top of one world trade does count that. is a big factor.

jon: you have illuminated me. rick leventhal, thank you. arthel: too bad chicago, but good for new york. good decision. you're not weighing in on that one. jon: you know, i like chicago. connell: i do too. we move on. right now brand new developments in the case of a montana woman charged with murder. prosecutors say jordan graham pushed her husband off a cliff days after they were married. why her lawyer now wants the judge to drop the first-degree murder charge. and unbelievable dash-cam video. a high-speed chase end with the police officer and a suspect going right over the side of a bridge. we have the latest on their condition.

arthel: right now the attorney

for a montana woman wants a judge to drop the first-degree murder charge against her. jordan graham is accused of pushing her husband off a cliff just days after their wedding. patti ann browne has details from the breaking newsdesk. >> hello, arthel. jordan graham and cody johnson were married in june of this year but eight days later the 25-year-old gram died after falling from a cliff at glacier national park in montana. earlier that night his 22-year-old bride texted a friend she was planning on telling her husband she was having second thoughts. she went on to say, dead serious, if you don't hear from me all again tonight, something happened. but after johnson disappeared, graham first told police he vanished after texting her to say he was going for a drive with friends. after a few days she claims to have found her husband's body in the park. she admitted to investigators she and cody were hiking together on the cliff and had an argument. she says he grabbed her arm and

she pushed him away accident causing him to fall over the edge. fbi investigators say during untaped portion of interrogation she admitted she started to walk away and turned back with anger and pushed him in the back with both hands, causing him to fall face first. charged with first-degree murder, second-degree murder and making a false statement. she pleaded not guilty and her lawyers are asking the judge to drop the first-degree murder charge. they say the confession was coerced and fbi version of her untaped comments is completely false. meanwhile prosecutors now say jordan blindfolded her new husband at the top of that cliff. court documents reveal graham spoke about an blindfold in an interview with police but defense argues, quote, if jordan and cody were arguing intensely on the ledge it hardly seems plausible that the argument would cease apabruptly so jordan could apply a blindfold. dna tests are carried out on the a piece of clothe near the area where the body was found.

the defense wants that thrown out saying the deadline has passed. a lot of motions going on here. arthel: you're right about that, patty dann brown. we'll get our legal panel in to see what they have to say about this. esther panitche, a criminal defense attorney and doug burns, a former prosecutor. good to see both of you. >> thank you. arthel: doug, i want to start with you to pick up the new detail that patti ann reported on. the prosecution is claiming that the jordan graham, the wife, she blindfolded the husband before he fell off the cliff. is it easy or tough for the state to prove that? >> it is interesting because if i understand what is going on procedurally, arthel, the defense got wind that the prosecutors may want to introduce the fact that the victim was blindfolded. they made an anticipatory motion to block it which makes sense. to answer your question, look, if they really want to go with the theory she blindfolded him, i think it strengthens the prosecution effort. i think that is why the defense is trying to block it. connell: meanwhile, esther, the

defense is also requesting that any evidence filed by the prosecution now should not be allowed into court since the deadline has passed. this is including that piece of evidence that's being tested for dna. doug is saying, prosecutor saying it is critical to both parties in this case. so, esther will this request stick and what are the chances of the first-degree murder charges being dropped by the way? >> well, as to the new piece of evidence, it depends on what the discovery deadlines were and how egregious the failure to provide this in timely manner is to the defense. obviously very prejudicial to have it come in at the last minute. it is possible that the judge will give the defense a continuance in order to allow them to test the evidence themselves or have enough time to reevaluate the defense theory in order to incorporate the new piece of evidence. as to first-degree murder, it is unlikely that the judge before the trial will go on his own or

her own and dismiss the count. normally what they will do is let the jury decide, or, after the state has put or government has put on their evidence, then it's appropriate for some sort of a motion for judgment of acquittal. i think it is premature at this point for the judge to dismiss the first-degree murder count. arthel: then, doug, something else the jury will have to decide is whether the defense claim that jordan graham was coerced to confess that her actions were motivated by anger. that she chose to push her husband off a cliff. if you're the prosecutor, how do you convince the judge to continue down the road although esther says it is easy? the judge will continue down the road to first-degree murder and make the defense argument look just preposterous? >> the reality federal agents are not required to tape record. however if there is instance, reading my colleague's mind, maybe they didn't tape the part that doesn't necessarily help them and focused on that which does help them, look they're entitled to a hearing in front

of the judge. the judge is going to address two things. the voluntariness of the statement based on all the facts and circumstances and then the truth of it. this particular defendant is saying not only was it not voluntary, they're not reporting accurately what i said. there will be a hearing and the judge will decide it. arthel: esther, how big of a deal is it going to be for the defense team to talk about the idea or notion that fbi agents didn't turn on the recorder for the first 90 minutes of her confession. >> to me it is always suspicious when the law enforcement has perfect confession at end of the interview but nothing from the beginning of the interview. that is always suspect. if they put it before jurors, jurors may have the same concerns that i'm expressing and may hold that against the government. so, you know in the end i think the judge will let it go before a jury because the defense can cross-examine thoroughly as, and as aggressively as they can to show that the law enforcement

just happens to have a perfect confession that fits their theory at the end of the interview. let the jury decide. arthel: esther panitche, doug burns, have to leave it there. thanks to both of you. see you a little later in the show. >> my pleasure. >> thank you. jon: president obama admitting big government may not be the way to go for business. so has the private sector been doing it right all along? we'll report, you decide. and this man allegedly raked in millions by scamming our veterans. he is in court now facing fraud charges after he pleaded with politicians to back his story. we'll tell you about it coming up. i'm only in my 60's.

i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you. call now and find out about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, it helps pick up some of what medicare doesn't pay. and could save you in out-of-pocket medical costs. to me, relationships matter. i've been with my doctor for 12 years. now i know i'll be able to stick with him. [ male announcer ] 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. so don't wait. call now and request this free decision guide to help you better understand medicare... and which aarp medicare supplement plan might be best for you. there's a wide range to choose from. we love to travel -- and there's so much more to see. so we found a plan that can travel with us. anywhere in the country. [ male announcer ] join the millions of people 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. remember, all medicare supplement insurance plans help cover what medicare doesn't pay. and could save you in out-of-pocket medical costs. call now to request your free decision guide. and learn more about the kinds of plans

that will be here for you now -- and down the road. i have a lifetime of experience. so i know how important that is. jon: a quick look what is to come in "happening now." bizarre case of identity theft and flat out fraud. prosecutors say he ripped off a hundred million dollars in a charity scam and now expected to speak out on his own behalf. what the man who calls himself bobby thompson has to say. plus taking the motto to protect and serve very seriously. a michigan cop determined to nap a suspect risks his life. and sad news from the world of nascar. a bomb shell revelation from a daytona 500 winner. what it means to his future in the sport. arthel: president obama always a champion of big government and he was never more vocal than

during the shutdown of the federal government last month but some of the president's recent remarks signal or appear to signal a change in tune. chief washington correspondent james rosen is here with the details and james, first of all, what exactly did president obama say and why hasn't this gotten more attention? >> good morning. this was in the interview with chuck todd of nbc news last week. there in the president's address how he, of all people, whose re-election was powered by a singularly digital and online operation could have been burned by an inoperable website in the rollout of his own signature law. >> part of what i'm going to be looking at is how do we across the board leap into the 21st century when we buy i.t. services generally, it is so bureaucratic and so cumbersome that a whole bunch of it doesn't work or it ends up being way over cost. i think once we get this

particular website fixed, there are going to be lessons learned that we can apply to the federal government in general. >> conservatives contend the problems of health care.gov only affect a deeper corrosion at the heart of obamacare. >> you don't expect the president of the united states to say that the problem is this bureaucracy that i've been building up all these years to blame the problems on procurement issues. that's not leadershipership is about taking responsibility. >> and you'll recall it was in the nbc news interview that mr. obama offered an apology for the sorts that contrary to many of his repeated promises, many americans who like their health care plans have not been able to keep them. arthel: and there's somepporter saying, listen. those remarks are being taken out of context. >> that's true. white house press secretary has driven to underscore how much,

whether it's the expansion of insurance exchanges or i.t. wizardry, obamacare seeks to build upon rather than surplant the private sector and liberals say the president's comments were not an efficacy of the federal government z. to say the procurement of the computer system, the website for obamacare is evident of it is really false logic. as i say, no one would say that the defense department isn't doing a very good job. and they have big procurement problems. >> president obama said when the shutdown ended last month that the absence reminded people of all the important things, large and small, that the government does for people across country. arthel: james rosen, your job is not boring. thank you very much. >> thank you. jon: new info from the trial of a mystery man accused of stealing $100 million from charity. prosecutors say he raised funds

supposedly for a navy veterans organization and then took off with the money. it's a bizarre case involving alleged theft, false identities and a suspect who prosecutors say was on the run for years. mike has the latest from chicago. mike? >> and jon, the charity was called simply the u.s. navy veterans association. it never existed. all of the addresses were mailboxes but still, it generated about $100 million for a guy going by the name of bobby thompson. in fact, he's on trial as bobby thompson but this is a career scammer. he's had a number of different identities and by all appearances, he really is a guy named john donald cody. john donald cody is a harvard grad and what appears to be vetting out is that he actually did some work still undefined in military intelligence. in fact, when he was picked up for the veterans scam, u.s. marshals determined he was wanted on a decades old charge of espionage and that possible connection to military intelligence is something the defense is going to use to try to help him but the ohio

attorney general isn't buying it and he said he's going to shoot it down in court. it's important to note that thompson or cody alleged used proceeds from his veterans scam to make political donations and big donors get access. bobby thompson has been photographed with the speaker of the house, president bush, karl rove, rudy giuliani among others and when thompson or cody was finally picked up in portland, oregon he still had about a million dollars in cash with him and reportedly he had a d.v.d. copy of the leonardo key cap reowe movie "catch me if you can". he refused to give the judge a straight answer about whether he will testify and the judge has admonished him for his sloppy appearance. jon: what a story. keep an eye on it for us. thanks. arthel: iran's nuclear program center tabling in talks between u.s. and the allies. iran is responding to a reported

deal. why the u.n. may not be any closer to seeing what the rogue nation is really up to and an officer goes above and beyond the call of duty, jumping over a bridge while chasing a suspect. the incredible video you have to see coming up next.

jon: some breaking news out of washington in this fox news alert. the justice department has reached an agreement, it says, with american airlines and u.s. airways to allow their merger to go through. as part of the deal, those now combined airlines are going to have to give up landing slots in critical airports like washington's reagan national. but they will be allowed to merge. there had been some question about that. the two airlines said they needed to merge to compete with their larger competitors such as united which had merged recently

with continental but they will be allowed to merge. they will give up some landing slots in key airports but the american and u.s. airways merger will go through as if i'm correct, that will make them the largest airline flying. in the meantime a michigan state trooper chases a suspect right over a bridge. take a look at this video. the squad car arrives just in time to see the suspect jumping over the rail. the officer follows right behind and off the bridge as other police on duty stand by in shock. take another look at it in slow motion. two men just run right over the side. that is about a 25 foot drop. they landed in a grassy area. even after that, both just had minor injuries. suspect is now in jail charged with a probation violation. some good news there. arthel: definitely. meanwhile, a deal between the u.s. and its allies over iran's

nuclear program objected but ta rain will allow inspectors to visit a key enrich. site. those plans do not include sites u.n. teams have wanted to visit, sites where they suspect nuclear weapons are being developed so what should the u.s. do next? peter brooks is a former c.i.a. officer and senior feel owe for national security affairs at the heritage foundation. good to see you. >> good morning. arthel: so what should the u.s. do next in you've got the french foreign minister saying this is a fool's game, guys. i ask you, peter, is it even possible to negotiate a real deal where lack of trust is such a big factor? >> it's going to be difficult. both sides have staked out their position in these talks in geneva last week. right now we're in this sort of interim period where people are fanning out and talking to their allies, especially the united states and western powers, consulting with israel, consulting with allies and friends in the middle east,

talking amongst themselves, the key five plus one, five nuclear powers plus germany and filling out how to get back into this. a lot of finger pointing going on. iranians say it was our fault. somebody on our side said it's the french's fault. iranians walked away from the deal. this is very difficult and there's a lot at stake but a bad deal is the worst thing that can come out of this. that we have to be able to capture iran's nuclear program comprehensively and where we can verify it, we have transparency, i mean, even better if we can get an ir reversible deal where we dismantle facilities that they're not likely in the short-term able to rebuild so critical stage right now. we'll be meeting with the iranians in a week, 10 days to continue discussions. arthel: you know, peter, you say words like transparency and verify. is that even possible? >> that's a very good point. you know, iran had a nuclear

program for 20 years before it was discovered by the international community in about 2003 and we're still negotiating with them 10 years later over this nuclear program. and you're very right to point out that the iran can allow us to see some things but we're certainly not going to allow us to see everything. arthel: do we have to accept that? >> you shouldn't. you shouldn't. you shouldn't take a bad deal here. in other words, we need to see the places, like a place where they're probably involved in engineering and scientific experiments involved in triggering a nuclear weapon. the next step after you're able to gather enough nuclear material, the iraq nuclear heavy water reactor which many people feel is just another pathway to getting a nuclear weapon. no. for instance, there's two ways to get a nuclear weapon. one is by highly enriched uranium and the other way is plutonium. i think back to the 1990's in the clinton administration and the deal they cut with the north koreans. they captured their plutonium

program and several years later, north korea exploded a uranium weapon. so we have to be very careful we capture all the pathways that iran can go towards developing a nuclear weapon. arthel: it's definitely a tricky road to pass ahead indeed. so ultimately come november 20, you think these optimistic that perhaps some sort of deal will end up on the table, peter? last word. >> sure. they're going to come back to this. iranians will stake out a position, hope the americans will come around to it. they think the obama administration is very anxious for a deal. they don't have many wins going on in this administration right now between the affordable care act, n.s.a. and other things. so they're looking for something that can come back and say, look. we've got peace in our time. we've got a deal with iran about their nuclear program. we're going to shut it down. but the fact is that i think it's going to take a lot of time. unfortunately, time is on iran's side. they delay additional sanctions

which congress has passed. they continue to spin. they put on a potential strike by the americans or the israelis so time isn't on our side and iran knows that. arthel: have to leave it there. thank you very much for your insight >> thanks for having me. jon: a major medical breakthrough to tell you about. how doctors have found a simple way they believe they can detect someone's risk of heart disease with a non invasive scam that's actually been around for decades. plus a shocking announcement from a daytona 500 winner. as trevor bain reveals a serious medical condition. the full story next. life could be hectic. as a working mom of two young boys angie's list saves me a lot of time. after reading all the reviews i know i'm making the right choice. online or on the phone, we help you hire right the first time.

with honest reviews on over 720 local services. keeping up with these two is more than a full time job, and i don't have time for unreliable companies. angie's list definitely saves me time and money. for over 18 years we've helped people take care of the things that matter most. join today. i'my body doesn't work the way it used to. past my prime? i'm a victim of a slowin? i don't think so. great grains protein blend. protein from natural ingredients like seeds and nuts. it helps support a healthy metabolism. great grains protein blend. even make rainbows appear.ng. now she could use a hand. comfort keepers provides a variety of in-home services while truly connecting. comfort keepers. keeping the comforts of home. call now to learn more.

arthel: a shocking announcement from the world of sports. trevor bayne revealing that he has been diagnosed with multiple sclerosis. patty ann has more. >> two years ago, trevor bayne made national headlines when he became the youngest winner ever of the daytona 500. he was 20. but later that same year, bayne missed five races when he was hospitalized for nausea, fatigue and double vision. doctors at that point couldn't explain his illness despite multiple tests at the mayo clinic. now the 22-year-old nascar driver has been diagnosed with multiple sclerosis. his younger sister also has the condition. m.s. is a potentially disabling disease. symptoms can be mild such as fatigue or severe, including paralysis or loss of vision. there's no cure but treatment can help manage the symptoms. bayne is staying opts -- optimistic. he said i want to run races and

championships. i'm in the best shape i've ever been in and i feel good. he is still scheduled to drive fu time next season and team owner says, quote, we look forward to standing behind trevor and providing him with all the tools he needs as he continues to develop in his young career. he'll also drive a partial cup dri and we wish him the best. arthel: thank you for that report. jon: now to a breakthrough medical discovery that doctors say could transform the way we treat heart disease patients. it's all thanks to a popular tool known as radioactive tracer which has been used in bone imaging for decades. but it is now highly regarded as a new and non invasive way to detect high risk block jamgs in the heart. dr. campbell is an assistant professor of medicine at the university of north carolina. so we've been using this

injection to look for troubles but now they found another application? >> that's right. a pet scan or a pet c.t. scan which is the imaging modality that's been used has been used in cancer and bone imaging. now we can actually pinpoint areas in heart arteries that are apt to rupture and cause heart attacks. jon: and it's not actually the artery that would rupture. it's the clump of plaque that gets attached to the side wall of ab artery. i think we have an animation of how it works or what it looks like. it's the plaque that ruptures and that can clog up the entire artery. >> that's right. understand this teening -- technique, we need to understand cholesterol. cholesterol deposits themselves in the heart artery. they form a plaque and then the plaque becomes enflamed with calcium.

this tracer goes to areas where we have this inflammation. so that way, we are able to determine, hey, here's an artery that is very likely to rupture. it's sort of like identifying a time bomb. jon: so what do you do then if you see that, if you -- if this material shows you where the trouble spot is, do you get a stint? what do you do? >> that's exactly what i would suggest doing. if this becomes a reality that we use this every day in our patients, if i had a patient with a pet scan that showed a plaque getting ready to rupture, i would take that person to the heart catheterization laboratory and put a stint in the heart to prevent a heart attack from happening. this could save hundreds of thousands of lives. jon: and it's a medical product that has been approved already so doctors can start using it assuming this research pans out. dr. campbell, good to have you on. arthel: that could help a lot of people. the numbers are looking bad for obamacare but as the website is being blamed for low enrollment,

new reports saying insurers may soon take things into their own hands.

arthel: new developments on the top stories and breaking news this hour. jon: they say numbers never lie and if that's the case, the numbers add up to an awful truth for obamacare. less than 10% of the administration's target numbers signing up on the troubled website. we'll break down the numbers and the political fallout. and let the games begin again. the battle over the federal budget gearing up with both sides starting to dig in. we'll tell you what republicans and democrats say they want. and lots of folks already see her as a shoe-in for the 2016 democratic nomination for president. but a new report says one challenger could be hillary clinton's worst nightmare. we'll tell you about it "happening now."

on this tuesday, there is more bad news for obamacare as we get our first look at the unofficial enrollment numbers. hello. i'm jon scott. arthel: and i'm in for jenna lee. a staggering report claims "wall street journal"'s first report that less than 50,000 americans actually signed up for new health insurance plans on the troubled website. that does not include a 440,000 who signed up for extended medicaid. the white house may release the official numbers on friday. jon: another troubling report claims insurers are pressing for people to enroll regularly rather than the website. even former president bill clinton weighing in today. >> we're better off with this law than without it. i personally believe even if it takes a change in the law, the

president should honor the commitment to federal government made to those people and let them keep what they got. jon: joe trippe was howard dean's campaign manager and a fox news contributor. joe, when you have a popular former president like bill clinton weighing in and saying, hey, you know, the administration ought to let people, you know, do what they promise and let people keep their health plans if they like them, what does that do to obamacare? >> well, the president may -- they may actually do that over time. we don't know what they're going to do yet. we don't know if the sight is going to be working toward the end of november but i think the president may very well take bill clinton's advice and find a way to reassure those americans and keep that promise. jon: but jamie, he's been telling everybody, oh, you know, if you lose your health care plan, it's only because we're going to give you something

better. >> right and what people are finding out, the stories that are coming out is they're not getting something better. they're getting something more expensive and often that has a higher deductible. you know, that famous story last week in the "wall street journal" about the stage four cancer patient who can't actually get the treatment she needs now because she's been thrown out of her insurance. so i think bill clinton is recognizing this could be a political disaster for democrats in 2014 and wants to come up with a legislative solution for people to keep their insurance. jon: the white house was projecting they would have half a million people signed up. instead, they've got less than 10% of that, somewhere around 50,000 according to the "wall street journal." what does that do for this program? >> i don't think -- look. i'm stunned it's 50,000. we all knew that the website hasn't worked, isn't working, you know, and again, will it work on november 30 but i think it's actually sort of a stunning number that that many were able

to sign up despite all the problems that they've had. i think the question now is if they can get it working, you know, we've seen this in massachusetts where maybe 150 people signed up the first month under romney care. i think it's still too early to tell whether this indeed, whether they can get the website up and working and how many people are trying to sign up. what they should be doing is putting these numbers out daily now. i think waiting until friday for official number $ a mistake. they should be -- we should know every day how many people are signing up. keep it -- make it very transparent from this point forward. jon: if this were a private company signing up these folks and it had, you know, rolled out the website that we've got and it had less than 10% of the customers it had anticipated, i mean, that company could be belly up by now, wouldn't it? >> it's a total disaster but

what more than the number is, what is the composition of those that signed up and would a low number suggests is that the composition is not the healthy people that obamacare needs to subsidize the sick and the elderly so the 50,000 number is probably people that desperately need and not the healthy people who will have to pay higher premiums to subsidize them. if obamacare doesn't get those people, premiums are going to skyrocket and that could doom this program in its infancy. jon: there's talk about delaying the individual mandate. if they did that, aren't they just going to give more of the young and healthy people reason not to sign up? >> i don't think you're going to see that kind of delay for the very reasons jamie pointed out. we're talking about there's two different forces here. you've got the president fighting for legacy and then the politics of it on both sides, in the senate and the house on both

parties. i think there might be political pressure on people who stand up for re-election but the president standing for his legacy, i think he'll veto any real changes that would threaten that legacy and his implementation of obamacare. jon: and i suppose some republicans might be happy to see this be his legacy. >> absolutely. i had a candidate for congress emailing me saying this talk that democrats are going to run on obamacare. it's not a problem. that's nonsense. and i would be interested to hear what joe has to say as one of the great campaign strategists, democratic strategists of our time, whether he thinks the democrats will run on obamacare or try to run from the program. right now it looks politically perilous for a lot of those moderate democrats who voted for this. jon: in a word, joe, we just have a few seconds left. will they run on it? >> i think it's every candidate for themselves right now on

this. those that want to run away whether. i don't think the president needs anybody at this point. they would be 66 votes in the senate to repeal obamacare. he's not going to -- the republicans aren't going to get that many democrats to join them. jon: and he's not running again, worth pointing out. thank you both. arthel: right now lawmakers already preparing for the next big budget battle in washington. more than $17 trillion in debt and both parties promise to negotiate after reopening the government but we're hearing democrats are pushing for tax hikes. mike emmanuel is live on capitol hill. hi, mike. so first up, what is the latest on those talks to strike a deal? they started out saying we're going to negotiate and now they're throwing over stuff into the mix. >> well, the budget conference committee members are due to meet tomorrow and both sides

seem to agree on one thing. we would like to come up with an alternative to the sequester cuts to whack across the board the u.s. government. patty murray would like to do that with xraps some fees added such as an airport security fee, other user fees which is maybe another word for taxation, if you will, and smarter cuts. republicans want to do it through smarter cuts. they would be open to closing some loop holes but they say they want that as part of overall tax reform which would lower everybody's rates so there remains some fundamental differences between republicans and democrats on the way forward in terms of the budget committee, smarter ways of doing spending so that's why a lot of people on capitol hill are optimistic at this point. arthel: republicans are saying we don't want to raise taxes. what are the next thing? >> rich mc connell has been

meeting with a dozen republican senators looking at budget alternatives, if you will. but in the united states senate the republicans are the minority party so they don't get to sent the agenda. they're obviously key players in the senate but they're not the majority party so a more likely scenario may be the house passing a bill that deals with funding the government, looks to off set those spending cuts in a smarter way but then the question is what the senate will do from there. bottom line, a month from tomorrow is when the budget committee, conference committee, is supposed to come up with a deal and so the clock is clearly ticking. arthel: for sure. thank you very much. >> thank you. jon: to this news alert now and the crisis that's growing in the philippines at this hour. damage from the devastating storm hampering efforts to get critically needed supplies like food, water and medical equipment to the areas hardest hit. planes full of supplies have been getting grounded because

they're too big to land at the close at the airports. the desperation mounting for hundreds of survivors left homeless. thousands are dead and treating the wounded is an ever growing challenge. doctors are saying they're helping as many injured as they can using battery powered torches and rain water. >> we have no water here and then we just took all the resources, like rain water just for the use pf -- of our er's. we need generators because our laboratory, we cannot do nothing without power. >> the emergency room, we cannot give them extra attention because we are so few. jon: more american support is steaming toward that battered nation. the aircraft carrier u.s.s. george washington along

with several supply ships on their way to help. william is live for us from manila now. william? >> you know those helicopters, the medical care, the support of the carrier group, all essential right now and the key as you know is getting the supplies off the planes, off the ships and into the hands as smoothly as possible, those who need it. that's where this disaster is right now moving forward. typhoon is over. the suffering is not. the coastal city of 220,000 got hit directly on saturday by the typhoon. they have no power, no water, no food and no sanitation. about 10,000 they believe have been killed but five days later, many bodies remain rotting in the sun. as roads remain blocked, fuel is short and security is thin. thousands are trying to get out. thankful that they survived the

storm and its aftermath. >> i saw children crying. i saw dead men so i asked somebody -- i shout from the broken window, i said help, help! >> u.s. marines are helping secure the airport by delivering food and water and equipment and supplies going in multiple times a day. they're taking victims out and until that airport is secure, major roads in and out of the city are safe. some of the non profits, the groups are holding back until they know that their supplies will be safe. >> i think the world thinks now that the storm is over, everybody survived. there's people still surviving there. barely surviving. food is needed. water is needed. everything has been looted. >> so one of the key things is getting the airport up and

running and ready and capable of taking a lot of stuff because they don't want to bottle neck here in manila. we've seen that before in other disasters. one of the good things is the communications was a pob earlier. now they brought in mobile cell towers. those seem to be -- it could be back to that place and of course, then they'll bring in the heavy equipment to start cleaning up the devastation left behind. jon: an impoverished country in many areas and you throw this mess on top of it, what a problem. thank you. arthel: some democrats are quietly throwing their support behind senator elizabeth warren. what this could mean for hillary clinton in 2016 and a voter cheating death after 130-mile-per-hour crash. how he managed to get out of this alive. incredible video. more ahead.

vo: it's that time of year again. medicare open enrollment. time to compare plans and costs. you don't have to make changes. buit never hurts to see if u can find bettoverage, save money, or both. and check out the preventive benefits you get after the health care la open enrollment ends december 7th. so now's the time. visit medicare.gov or call 1-800-medicare

jon: will liberal democrats shun hillary clinton in 2016? that question after a magazine called massachusetts senator elizabeth warren hillary clinton's nightmare claiming the former secretary of state may be too moderate to win the nomination. a new republic writes, quote, in addition to being strongly identified with the party's pop list wing, any candidate who challenged clinton would need several key assets. the candidate would almost certainly have to be a woman given the democrats' desire to make history again. she would have to amass huge piles of money with relatively little effort. above all she would have to wake en democratic voters. there is such a person. her name is elizabeth warren. carl is live in washington with a look at all of this. so is elizabeth warren the new face of the democratic party?

>> there are a lot of liberals who apparently hope so. this afternoon at the capitol, elizabeth warren will give yet another of her railing speeches against what she considers to be the crimes and mistakes and recklessness of wall street and corporate america. her rhetoric has made her quite the darling of the occupy wall street far left and the liberal magazine new republic this week has her on the cover as really the main threat in 2016 to hillary clinton who leads every single poll of potential 2016 potential contenders. groups are arguing that elizabeth warren is the standard for 2016 and they're pushing warren to run. listen. >> many of hillary clinton's positions remain frozen in the years 2007 and 2008. she actually hasn't come out with positions on many of the issues that have happened since the wall street crash, issues that elizabeth warren has led on and been a valiant voice on so we'll be pushing hillary clinton

not just to take a position but the right position. >> warren has said in the past she's not interested in running for president and her insiders say that they had absolutely nothing to do with the new republic article but with president obama's job approval ratings at record lows, liberals seem to have found a new favorite in warren and that's divided wall street for donations. remember, bill clinton was the guy that if you say you're pro job, it doesn't make a lot of sense to be against the businesses that create the jobs. jon: is there a reaction from the clinton camp about this? >> yes and no. chi hillary clinton is hardly laying low. if they were both to run, the hillary folks believe she would run with the money and the support but established democrats fear that warren could drive the party so far left, it would alienate those in the process. if they was a moderate, it would help warren. both warren and clinton know in the early states of iowa and new

hampshire, liberals dominate and they are more electrified by warren than clinton right now. she took a challenge from the left for granted a few years back. 2008 she lost to barack obama. if warren decides to give it a try, the clinton team will be ready and she'll face a pounding for it, too. jon: history can repeat iftsz from time to time. thank you. arthel: coming up a battle to protect one reporter's confidential sources that could affect journalists nationwide. why lawmakers for an accused murderer are targeting fox news reporter and why she says she will never reveal her sources even if it means going to jail. and the end of the line for convicted boston mobster whitey bulger as we await his sentencing hearing tomorrow. how are things with the new guy?

all we do is go out to dinner. that'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. the citi thankyou preferred card. now earn 2x the points on dining out and entertainment, with no annual fee.to apply, go to citi.com/thankyoucards

[ mthat if you wear a partial,w you're almost twice as likely to lose your supporting teeth? try poligrip for partials. poligrip helps minimize stress which may damage supporting teeth by stabilizing your partial. care for your partial. help protect your natural teeth. [ male announcer ] at progresso, we lieve the second chapter of your life

should be just as bold as the first. try the new bold flavors of heart healthy so from progresso.

arthel: a first amendment fight for a fox news.com reporter who is facing possible jail time for refusing to name her sources. jonna winter, do in court today to hear if a judge will recognize new york shield law for journalists that would protect her from giving up her sources. now, this all started when miswinter was covering the colorado movie theater shooting last year and reported on the cone content of a notebook send by the alleged shooter holms. his attorneys say that the story impacted his right to a fair trial. david lee miller is live at the courthouse in albany with more. david lee? >> the hearing is slated to take

place in the courthouse behind me, new york's highest court has wide ranging impact on all reporters in the united states. attorneys for the accused mass murderer james holms want to know who leaked information to jonna winter about the notebook you mentioned that holms sent it a psychiatrist that contained chilly information about his desire to kill people. in an exclusive story last year revealed the notebook's existence and contents. in the article she cited two law enforcement sources. the disclosure of the notebook and content to winter violated a gag order. 14 law enforcement officers have testified that they did not leak that information. attorneys for holms want winter to return to colorado to be questioned in court. winter claims she should be protected by new york's child law that allows journalists to keep sources confidential.

so far two lower courts said she must return to colorado to testify. her attorneys hope to win a reversal when she appears in new york's court of appeals. advocacy group, the reporters committee for freedom of the press says there's a great deal more at stake here than the fate of one reporter. >> if one journalist is forced to reveal a confidential source and then that sends the message that journalists are not able to give a promise of confidentiality to their sources, that harms all journalists. >> winter has said she is willing to go to jail rather than give up her sources. if she is compelled to return to colorado to testify, there is a shield law in place but it is far less robust than the one in new york state. seven judges are going to hear the appeal in just a few hours' time but we do not expect a decision for several weeks.

arthel: thank you very much for that report from albany. jon: let's talk more about this now. judith miller is a pulitzer prize winning reporter, author and fox news contributor. she herself was jailed for 85 days back in 2005 after refusing to reveal her confidential sources on a story so this is an issue she knows well. you say, judy, that all americans who care about a free press should really be paying attention to the case and supporting her. >> absolutely, jon, because we are nothing, journalists are nothing without sources. people who are going to come to us and talk about wrongdoing by the government, by powerful korgss, by other people they see but they must trust us to know if they need protection, we will do that. we will protect them even if it means going to jail. so that's what is at stake here. i mean, there is a reason that

the first amendment, you know, prevents any kind of enfringements on free speech and a free press is first and that is because it's essential to a democracy so jana's stand is very important for a free press. jon: is this about the fact that elected officials or public officials in colorado are embarrassed? they paraded what, 14 law enforcement officers in front of the court, asked if they were the source. they didn't get any answers or they didn't get the answers they wanted so now they're going after jana? >> exactly. it's a distraction. it's a diversion by the defense to try to take the lime light away from what he may have done and he's accused of doing. it's a pretty open and shut case. he's pleading not guilty by virtue of insanity but this takes the focus off him and puts it onto her. this is a terrible thing for justice. and it's terrible that a court is really letting this happen to

her because why should we have the standoff between colorado and new york? why should there be two standards for how a reporter is treated in colorado and new york? jon: the lower court ruling in new york apparently decided that james holms' right to a fair trial with all available evidence trumps her right to protect her sources. >> exactly and we're hoping that in the afternoon, you know, this last panel, jana and her lawyers will concentrate on the hardship factor on her. she's made four trips out to colorado so far. that's time away from reporting. that's time that she's not spending doing more reporting, breaking more stories. it's the chilling effects on her sources. they're hoping that the first amendment consideration is at the top level of the court will outweigh the -- what he claims is his right to a fair trial at this point. jon: and as you well know, if

you're seen as a reporter who is going to give up your sources, you're seen as not much of a reporter. >> that's right. you're done. you're toast. jon: that's the biggest hardship that faces her career. we'll continue to watch this case. thank you. arthel: fascinating. coming up a north carolina man under arrest, accused of trying to join an al qaeda linked group. how the feds say they caught him and hundreds of college students take to the streets in protest. several are arrested. we're going to find out why. okay, listen up! i'm re-workin' the menu. mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutrition inharge™.

[ bottle ] ensure®. more shopping. more dining out. more traveling. and along with it, more identity theft. every time you pull out your credit card, shop online, or hit the road, you give thieves a chance to ruin your holiday. you can't be on the lookout 24/7. but lifelock can. protecting your identity, your bank accounts, even the equity in your ho. when lifelock detects a threat to your identity within their network, they'll alert you by text, phone, or e-mail, protecting you before the damage can be done. act now and we'll protect you 60 days risk free. no one protects you tter than lifelock. try felock protection 60 days risk free and get a special holiday gift -- a document shredder. a $29 value free. ♪

♪

jon: north carolina man facing federal charges for allegedly trying to join a terror group affiliated with al qaeda. authorities say the 29-year-old was arrested as he tried to board a flight to lebanon where he was heading to join the civil war in syria. chief intelligence officer live with more on this case. >> thank you. according this indictment, the legal permanent residence of the u.s. posted half a dozen facebook pages where he posted pages and letters from the leader in pakistan blessing the operations of the al qaeda front in syria. the line share of the evidence cited comes from the 29d-year-old's facebook pages. then he began communicating with a confidential human source who

was working for the f.b.i. the allegation is that he bought plane tickets to travel to syria to join the al qaeda jihad and in a recent interview, the chairman of the house intelligence committee said the number of u.s., canadian and european citizens surpasses what the intelligence community saw at the height of the iraqi insurgency. >> they'll have passports, good passports, allows them to travel around europe, maybe get to the united states. that's concerning. >> the head of the house homeland security committee is also sounding the alarm or the defendant's high vacancy rate, including positions at the border agency known as c.d.p. and immigration known as ice because they're charged with keeping terrorists outside of the country. >> we're not talking about -- this is a national security agency that's 50% vacant at the top and it signals to me it must not be a priority for this

administration. and that's greatly concerning to me. when it comes to catching terrorists trying to come into the country, that's what homeland security does. >> he also says intelligence officials are increasingly alarmed by the administration's support for rebel groups which he says clearly have extremist ties. jon: a story you know well since you wrote the book about homegrown jihadists. >> sorry to be right. arthel: she's on it always. okay. as we wait for the sentencing of whiting bulger, the judge has a big decision to make and not only about how long bulger will stay behind bars but listen up. the jury convicted him of racketeering and 11 murder charges but jurors acquitted him in the deaths of eight other people and now their families want to make victim impact statements at bulger's sentencing wednesday which is tomorrow. should that judge allow that to happen? we have a criminal defense attorney as well as doug burns, a former prosecutor and i want to give you both a shot at this

but i start with you. should the families be allowed to make impact statements? >> generally, no. if a person is acquitted of the crime they were charged with, then they're forever free from being judged on that crime in criminal court. they may have a civil case but criminalwise, no. they're done. so it wouldn't be appropriate for the judge to hear from those witnesses or those victims when the jury, who was sworn to do their job, found there wasn't enough evidence to convict them. jenna: go ahead. >> however, there's relevant conduct where the judge can take into account other conduct, which was relevant to their crime and in this case it was the conspiracy which could draw in those peripheral crimes of when he was acquitted. arthel: how do you see it? >> there's a competing argument she just laid out and that's not only do you have the relevant conduct rule but even more

shocking rule called the acquitted conduct rule and it's very hard for people to understand this but a judge can take into account the crime for which you're acquitted on a preponderance of the evidence standard even though the person was not -- was found, excuse me, not guilty because the prosecutors couldn't establish it beyond a reasonable doubt. it's controversial but exists. so the point is i don't necessarily, per se, disagree with her but the judge has it within his discretion to allow statements to be made. you have academics and practicalities. the defendant is 84 years old so the point is, not to be glib or cavalier but whatever sentence he gets is going to be a life sentence. arthel: the jurors are saying, doug, listen. we did our job. we were put through a 10-week trial and the verdict we made is being mocked. is there a hidden motive behind the prosecution's arrest or is it for relief and closure of the

victims' families? >> very well put. i think it is relief and closure for the families. people really carry this around with them legitimately for years and years. they want to be heard in an open forum. they want to be able to address the judge and the reality is that as i said earlier, courts always, historically, can take into account this type of information but look. there's an argument that says, look. they were found not guilty. but the fact of the matter is that i think that, you know, the prosecutors are kind of pushing the envelope but they're working with their own victims and these victims feel strongly. arthel: and how much do you think sympathy for the victims' family will weigh on the judge's decision to allow or deny the family impact statement? >> i don't think federal judges have that much sympathy for anybody for defendants or for victims. i don't know that that's going to weigh in on them. i think they're going to look at the law as it exists and doug was right, there's an acquittal, there is times where acquitted

conduct can be relevant so the judge will probably look at that and say, yes. this evidence can come in. it's just a question of what weight the judge gives it but at the end of the day, he's 84, looking at a mandatory life term. it's just a question of how many life terms does he get? arthel: do you think we'll hear from him at the end of the sentencing hearing? he may not be able to keep his mouth shut. yes, i think we'll hear from him. arthel: if we hear from him, is he going to go on and on? or a confined statement if he does speak? >> under the rules he has the right to address the court. he's had a -- i'm going to do whatever i want attitude. remember, guys, the lawyer got up and said he's guilty of extortion. he had a separate agenda about whether he was a rat or a snitch. will he go on and on? i really can't predict that one. i don't have a crystal ball. but at 84 and with a forum to speak, anything could happen.

arthel: thank you very much for weighing in. we'll see you next time on "happening now." jon: tough times for the miami dolphins on and off the football field. losing to in-state rival, the previously winless tampa bay buccaneers last night. as the team tries to get to the bottom of the bullying scandal involving richie incognito. an unbelievable rescue high off the ground. firefighters make a daring attempt to save a repairman left dangling from a water tower.

arthel: international stories we're watching this hour, afghanistan battling opium production forces piling up bad seized drugs and burning them in the country's capital. this as the u.n. reports that despite their efforts, poppy cultivation is more widespread. greek riot police holding back protestors in athens. former cleaning staff fired as part of sweeping austerity measures as inspectors are trying to get the country's financials under control there and police clash with a student in bulgaria. protestors took to the streets calling for the socialist government to step down. police could be seen dragging some of the protestors. jon: the bullying scandal surrounding the miami dolphins, no help to them on the field last night. the team losing to the tampa bay bucs. big news came before the games when the dolphins owner broke

his silence saying he will meet with one of the players at the center of the controversy, jonathan martin. steve is live outside of raymond james stadium in tampa. he has more for us now. >> even two weeks into this controversy, the owner of the miami dolphins says he isn't quite sure exactly what happened and why. that's why he is going to have a sit down, face to face with jonathan martin. he's trying to keep the location of that meeting a secret for now. before the game, steve ross also vowed he intends to change the culture of the dolphins locker room. >> one thing i will not change, there will not be any racial slurs or harassing or bullying in that workplace and that locker room and outside the locker room. >> to help ross make the changes, he's enlisted former coaches and players, including former miami great dan rmoreno.

after a loss last tight to the winless bucs, they refused to place the blame on the scandal. >> the more and more it hits you in the face, you have to step up and face it and be able to handle it. life is risky. not everyone deals with a situation like this but you have to be able to face it. >> dophins quarterback was sacked twice near the end of the game last night. certainly missing the loss of his two offensive linemen. back to you. jon: critical players in that -- on that offensive line. thank you. arthel: i'm interested to hear what jonathan martin has to say. jon: they're keeping the meeting very much under wraps. arthel: you don't think he'll speak out publicly? jon: he might. we've heard from incognito.

we'll see. arthel: okay. a dramatic rescue caught on video t. happened in virginia beach at a water to you ter. a repairman was doing work 100 feet up in the air when his safety gear gave out. luckily his backup worked. but as you see, he was left dang ring from the tower for 45 minutes. fire ladders were too short to reach him so a firefighter was lured down to help the man. they were able to get into the bucket of a ladder truck which lowered them back to solid ground. the worker is reportedly okay. jon: wow. add that to a list of jobs i'm not going to do. arthel: i don't have the heart for that. jon: stunning allegations in the manslaughter trial of a captain accused of abandoning the costa concordia. new evidence shows he was repeatedly warned how serious the situation was. plus a new hearing underway into the boston terror attacks. we'll take you live to the

courthouse. [ 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.

jon: fox news alert and a bit of good news out of the philippines. the president of that nation is saying the death toll from that massive typhoon is going to be closer to 2,000, perhaps 2,500. originally you might have heard numbers put it as high as 10,000. the president is saying that it is likely to be far less than originally estimated even though it was a massive storm, one of the most powerful on record. he said the death toll should be, he expects, around 2,000, perhaps 2,500.

of course, they are still finding victims in that terrible disaster. arthel: new developments in the trial of the italian captain accused of abandoning his ship before the passengers were evacuated. patti ann brown has details now. >> that's right. 32 people died when the cruise ship hit an island off tuscany last year and the testimony against the captain of the concordia is damning. in court today a frantic phone call was played out loud. that call came from the engine room 25 minutes after the collision. panicked crew members are asking the captain to evacuate the ship. the crew repeatedly tried to convey to him the hull had been gashed. the engine room was flooding and the ship was badly crippled. evacuation order was not until later and the captain is now on trial in tuscany on charges of manslaughter. prosecutors say he caused the

ship wreck and then abandoned the vessel before everyone was evacuated. during today's testimony, a crew member said he and the captain helped passengers off the ship before they themselves evacuated. that cadet said the captain, quote, left into the life boat along with four other crew members. he said no more passengers were visible and the deck they were on was about to go under. in reality, more than 1,000 passengers remained on board that sinking ship. his defense attorneys say the deaths occurred because the ship's water tight doors didn't work. the call from the engine room, a technician can be heard saying he closed the doors but the water infiltrated the seals. when the trial continues, passengers who survived the incident will take the stand and he's expected to testify before the end of the year. arthel: thank you very much. jon: caught on camera, a boat doing more than 130 miles an

hour flips on the water. how the driver got out of this one alive.

lucky to be alive. >> that's for sure. >> a power boat racers cheats death after flipping his vessel at record speed in the england lake district. the video captured the moment the boat flips and hurdles in the air and went 130 miles per hour. >> 130? >> the guy is seen in the water and escaped unharmed and shaken

up as you can imagine. the accident tock place on where another speed racer diet more than 50 years. >> he said he would do it again. >> i don't know. >> thank goodness he is okay. that is just not for me. snshg not my kind of thing. i get out on the jet ski at cent and that is plenty fast enough. i don't make turns. >> got to stay safe. >> thank you for joining us. >> america's news headquarters starts right now. thank you, starting with a fox news alert. we are awaiting reaction from the white house as we look at the numbers for the sign up of obama care. they are not big. >> i will alisyn camerota. >> and i am bill hemmer. >> they are small. fewer than 50,000 americans

buying insurance for october. and fox news contributor, and hello to you. >> good afternoon, bill. when you add in the state totals, obama care falls short of enrollment at 80 percent and by the end of march, where are they on this? >> oh, boy, they are under two percent of the way there to the over all total by the end of march which you said is the big date they are shooting at. let's take the number. 40 or 50,000 reported in the wall street journal and put those in perspective. you can take every single american that signed up for health care through healthcare.gov, and fit all of them nationwide in yankee stadium with seats to spare. fox news and other outlets are reporting, bill, this number will grow significantly. but between 4 and 5 million americans have been