>> keeping your health care plan active being debated on the house floor. there is going to be a vote. it's a big one. we're keeping an eye on it. martha: if you like it you can keep it. thank you for being here this week, gregg. >> it's been fun. martha: happening now starts right now. jon: top headlines and brand new stories you will see first. jenna: president trying to sell insurance executives on a short-term fix for the broken health care promise is what some say. we're awaiting on a house vote on a solution favored by republicans. is it enough though? that is the big question. 50 days after one of our nation's dark days, newly enhanced audio from the day president john f. kennedy was assassinated. the effect it could have on lingering theories about his debt. discovering a body part we never knew we had. where it is and what it means. it is all "happening now."

>> talking about health care and taub about new body parts as well. very dramatic today, jon. jon: that's right. if you get the obamacare policy maybe the hospital can find the new body part. jenna: we'll not give too much away. the president is set to meet with insurance executives in a few hours as republican lawmakers are pushing ahead with their own solution in part to the health care fiasco as we now know it. hi, everybody. great to see on this friday, i'm jenna lee. jon: it friday. i'm jon scott. the house prepares to vote today on its own fix, to the broken, if you like it you can keep it promise. this is 24 hours after president obama's about face announcement that millions of americans can keep their canceled policies for another year. republican senator fred upton's bill would let insurers keep selling plans that obamacare would otherwise ban. he is a congressman. i called him a senator, the

president of course threatening to veto that bill. some house democrats are saying it is not a viable solution. here is minority leader nancy pelosi. >> fact is for al fuss and all the muss everybody said how the upton bill would -- it does not mandate that insurance companies must keep those people in their? their insurance policies. it is only masquerade and trojan horse coming in to undermined the affordable care act. jon: let's see if there are any trojan horses storming the white hose gates right now. senior white house foreign affairs correspondent wendell goler is on the north lawn. wendell? >> reporter: no trojan horses but installing a rather large tree in back of me but you may hear noise from that. part of the reason folks here don't like the house plan because it let companies on individual insurance market at that sell policies with lifetime

limits and coverage carveouts to anyone, not just people who have them now. that could encourage young, healthy people to choose something other than the federal or health insurance exchanges where the white house wants to sear them to keep the premiums low. white house chief of staff denis mcdonough met with democrats in the house and senate for four hours yesterday. we're told privately their reviews of the president's news conference were fairly positive. democratic lawmakers think mr. obama struck the right tone, not just with his apology for failing to deliver on his promise if you liked your insurance you can keep it but with his assurance that lawmakers who repeated that promise did so based on what they were told by him and other white house officials. the president said the criticism of that failed promise and the website problems were we'll deserved. >> right now everybody is properly focused on us not doing a good job on the rollout. and that is legitimate and i get it. there have been times where i thought we were, kind of you

know, slapped around a little bit, unjustly. this one's deserved. right, it's on us. >> reporter: still mr. obama has a job to do when meets win insurance executives later today. though aides say they have been in close contact with those executives all along, suggesting that the so-called fix is not a surprise to them. it is also not been warmly received quite frankly. ceo of america's health insurance plans said in a written statement, quote, changing the ruse after health plans already met the requirements of the law could destablize the market and result in higher premiums for consumers. some insurance experts think the industry will bo along with the president's request since it will allow companies to continue to sell policies that were profitable before they had to meet the standards of obamacare. jenna, jon? jon: wendell goler at the white house for us this morning. get that tree in the ground, wendell. thank you. jenna: that is the season, right? a new report that the feds fear

ad botched rollout of the obamacare website months best launch date this is according to reuters. a new report that healthcare.gov manager henry chau, reported that the site could crash the plane at takeoff. it obtained internal emails that outlined software problems and frustration with the contractors. we have more fallout over the president's short-term fix as proposed yesterday. my next guest is one of the members of "the wall street journal"'s editorial board and had this to write in an editorial out today. mr. obama's gamble he and democrats candies assemble and shift responsibility long long enough to muscle through the transition while the website gets fixed and more people will sign up for subsidies. this will not change the fundamental obamacare problem that the democrats are trying to rye make 1/6 of the connie by governor fiat. imposing insurance people don't want, limiting prices they want

to pay and limiting doctors and hospitals this. is the reality of modearn liberal government. joseph rago, pulitzer prize-winning columnist and member of "the wall street journal" editorial board. >> thanks for having me. jenna: we're looking at polls last few weeks certainly seen the democrats take a hit. the favor hasn't shifted to republicans. if this is some sort of a statement about liberal government why isn't the conservative movement gaining ground here? >> they're kind of slip streaming along, taking things as it comes. i think they're starting to but they haven't really articulate ad genuine reform alternative. people are losing their choices and so forth. what they should be saying, you know, these are tangible things being taken away from you. here's a better option. i think, that house bill that they're going to vote on later today is the start of that kind of agenda where they're trying to revitalize some kind of private insurance market, have a

competitive alternative to the exchanges. blue we're not, they're not quite there yet. jenna: some may argue that the republican fix is very similar to the president's fix and for the last several years republicans have said, let's repeal the law, repeal the law. so should republicans even get involved with trying to offer a solution if their end goal as the administration says and some republicans state is to repeal this law? >> right. you know, they can say repeal and that might be a food solution but if you go back to the status quo ante, that is not really good and doesn't even really exist anymore. over the last three years, health care has changed so much to prepare for the affordable care act. i think there are real differences here between the president's plan and the house plan. for example, the president's plan says only if you have these policies in 2013 you can sort of continue them for a year as a group if the insurers will offer

them but the republican plan, as i said, it is sort of the springs of maybe something better, real reform. jenna: so the key to congressman upton's plan is that if i had my insurance and it was canceled, the insurance company can not only offer that back to me but also offer it to you which could be a new customer and that is something the administration really does not want to see. why not? >> well, they want to put everybody in the exchanges. that is kind of, that's why all these policies were canceled. they needed to migrate those people over to transition them into the exchanges and they really need that kind of critical mass to succeed financially. that's, why they take away, you know, all kind of different plan designs and benefits and very tightly controlled. and what republicans are saying is, wait a second here. you know, maybe everybody doesn't want or need the same thing. let's have a diversity of health plans based on individual needs, individual prevalences and --

preferences and wants. jenna: that is interesting political conversation but i can't help but think about the people that have lost their insurance, that need insurance by january 1st, that can't shop for insurance on the online exchanges. and as the administration points out, it is not the majority of people but it is several million people. what about them, joe? in the next few weeks, what about these people and care that they may or may not have come the beginning of the year? >> right. it's a real problem. a lot of these states with well-functioning individual markets almost have a refugee crisis on their hands and the thing is, insurance take as long time to develop. it is a nine-month cycle to prepare for the coming year. if the president wanted to prevent the people from being thrown off the policies, if this fix had been offered, nine, 10 months ago that might be different. i think the difference is with the house bill is they are saying here's a credible long-term path where this might

be a viable market. if you have just kind of a one-year fix, it doesn't change the business dynamics here. jenna: of course of the administration came out and said they would veto bill if eventually got through the senate and was approved by all sides. we'll continue to watch what happens with that today, joe, thank you as always. >> thanks for having me. jenna: jon? jon: you probably heard it here yesterday when the president issued that 11th hour reprieve for some low-cost health insurance plans. five million people have already gotten cancellation notices because their policies do not comply with his affordable care act but while the president now says americans can keep those plans for another year, well it is not clear if insurance companies will continue to offer them. peter barnes from the fox business channel is at the white house with details. i guess the insurance companies are coming to the white house today to talk to the president, peter. who's coming? >> reporter: that's right, jon. they're scrambling after this announcement yesterday and we've confirmed that the heads of aetna, humana, tufts health plan

and hcsc will be among the health insurance companies attending this meeting with the president this afternoon, jon. jon: what are they going to tell the president or what do we expect they will tell the president? >> reporter: we expect they will tell the president this will be very difficult to pull off. we got a statement from aetna on all of this. it says that it supports efforts to allow people to keep the insurance policies they have, however, quote, we will need cooperation and expedited approval from state regulators to remove barriers that would make it difficult to make this change in such a short period of time. regulators will have to allow them up to date policies and secure appropriate premium rates in order to get these plans back in the market and, jon, we've heard that some state insurance commissioners support this and they will allow this to happen. for example, in florida, where 300,000 policies were canceled, but some state insurance commissioners are saying we're not going to do this. we want the obamacare level of

service and benefits in our policies in our state. jon? jon: it will be interesting to see how nimbly these private companies can react to this change in the plan versus the three-year rollout of obamacare. peter barnes at the white house. thank you. >> reporter: you bet. jon: right now new information on the deadly shooting at los angeles international airport two weeks ago. when gerardo hernandez became the first tsa agent killed in the line of duty. there are report that is it took 33 minutes to get medical attention to him even though he was just 20 feet from an exit. police had the suspect in custody a few minutes after he was shot. according to the new reports paramedics had to wait for police to declare the area safe. a final report on all of this could take months. jenna: a dramatic rescue caught on camera. take a look at this. some good samaritans pulling a woman from her car seconds before it sank into a pond in

florida. the car was quickly filling with water as the woman tried to tell 911 dispatchers where she was and what happened. that is when a group with a truck backed into the water around pulled the woman to safety. she calls them her guardian angels. even more importantly with the rescue, she can't swim, jon, they really came in the nick of time. jon: boy, that is a lucky timing, yeah. the search is underway in the waters off miami. a pilot making a mayday call, claiming a man fell out of his plane. hmmm. also the death toll rising dramatically in the devastating typhoon that hit the philippines as aid pours in from around the world. we're on the ground and take you there live next.

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jenna: november 20 second, one week from today, marks 50 years since the assassination of president john f. kennedy and decades later conspiracy theories still circulating

including whether or not there was a second shooter. but one of our guests says new analysis of police audio transmissions suggest the so-called fourth bullet theory is simply impossible. here is some of that audio. >> big crowd, yes. president has been hit. stand by. >> 10-4. parkland hospital notified. jenna: still chilling to hear. larry sabato, author of a new book on president kennedy, joins us at the bottom of the hour with more political analysis about today's stories and that one as well. jon: they have been able to clean up the tapes. i guess they really provide new information. now a fox news alert. the philippine government reports more than 3600 people are dead after last week's

typhoon. that is 1300 more than just yesterday. the devastating news comes as help for thousands of survivors arrives from around the world. william la jeunesse is streaming live from tacloban, one of the hardest hit areas of the philippines. william? >> reporter: another key number, jon, is the number of missing. that is more than 1100. many of them are dead. they're just not listed that way. as for the airport, it is a chaotic place. aid is pouring in. yesterday we saw a truck leaving, we jumped on and here's what we saw. help is finally reaching the streets. doctors from malaysia deliver a truckload of medical supplies from the regional hospital. >> antibiotics. >> reporter: without medicine or power the doctor is worried some of his 270 patients will not make it. >> we need a big generator. >> reporter: outside conditions are worse. contaminated water is everywhere there is a breeding ground for cholera and hepatitis. >> this is the worst i ever seen in my life i think they need a

lot of help. >> reporter: amid the rubble the smell of death. dead bodies brought to the curb. put in body bags and picked up by garbage trucks. mile by lyle, bodies are in streets and other makeshift coffins. typhoon haiyan destroyed more than property. it took people's dignity. many rural areas are hit equally hard but you ad -- telling you about it because they can't get there. but the uss george washington can. that aircraft carrier has 21 helicopters. right now it is having a huge impact on the remote towns and small islands. we were the first crew to get a first-hand look at this operation. now imagine ply flying over an island, seeing the words help, need food in big white letters on a soccer field? you land. which we did. the town comes out to the helicopter. they form a fire brigade to unload boxes of food and water, about 150.

the people were very grateful. and what looked, you know, it looked every bit as bad, jon, as the town that i'm in right now which is getting all the attention. so here you've got this great symbol of american power, aircraft carrier. for the towns and villages and repoet islands which are 7,000 in the philippines, clearly a sign of hope. back to you. jon: that is great, great work the folks from the navy are doing there. william la jeunesse. thank you. >> as the mainstream media takeing a different approach on president obama and his signature health care law. look what they were saying then and what they are saying now. plus a court of appeals could end up deciding whether fox news reporter janna winter spends time in jail. our media panel weighs in on her case next.

jon: fox news alert. capitol hill senior producer chad pergram is saying house is debating its own fix to the you can keep it promise. president obama made the about face announcement that millions of americans can keep their canceled parties for another -- policies for another year assuming insurance companies are able to let them. congressman fred upton's bill they're debating now, would let insurers sell plans that obamacare would otherwise ban. they would heat new people sign on to those same plans. we'll have the result of the vote when it comes. we should note that the white house is threatening to veto congressman upton's bill. >> right now an intense search underway for a man who

reportedly fell out of a small plane and into the ocean off the coast of miami. patti ann browne with the details from our new york city newsroom. patti ann? >> that's right, jenna. yesterday afternoon a small plane was flying off the florida coast, just a pilot and one passenger were onboard the piper pa-46. it was a mile 1/2 offshore when the pilot radioed a may-day call at one 30 p.m. i have a door ajar and a passenger fell down. i'm six miles from tamiami. the air traffic control agent responds, you have a passenger that fell out of your plane? >> the pilot answers, that's correct, sir. he opened the back door and fell out of the plane. the pilot landed at kendall executive airport in miami where the flight originated. the search began for the fallen passenger in the waters southeast of miami. the effort involved boats, divers and three aircraft from miami-dade and coral gables police as well as fire rescue and the coast guard. the search was called off last night due to darkness and then

resumed this morning but i spoke with miami-dade police a short time ago, they confirmed the passenger is presumed dead since he fell from 1800 feet. so this is a recovery effort, not a rescue. police told me no foul play is suspected but homicide detectives are conducting the death investigation as is standard. the faa is also looking into the incident. police are not identifying the 47-year-old pilot or the passenger and they are not describing how the two are connected. jenna? jenna: what a case. patti ann, thank you. >> thanks. >> so with millions of people getting kicked off their health care plans, the botched rollout of obamacare has apparently begun to sink in, especially with the mainstream media. newspapers and network newscasts now very critical of the administration's handling of the launch and the president yesterday, during what was essentially an apology speech, took a swipe at the press corps. listen. >> am i going to have to do some work to rebuild confidence around some of our initiatives?

yeah. but part of this job is the things that go right you guys aren't going to write about. the things that go wrong, get prominent attention. that is how it always been. that is not unique to me as president. and and i'm up to the challenge. we're going to get this done. >> and check out this "new york times" headline the day after we got the official obamacare sign-up numbers. slow enrollment. only 106,000 pick insurance prance in a month. -- plans. let's talk about it with judith miller, pulitzer prize-winning investigative reporter and author. kirsten powers columnist at "the daily beast." both are fox news contributors. kirsten what do you think about the way the media treated the president especially this week? >> i think it has been completely fair. he shouldn't be complain about it or suggesting that the problems that we have or he is having with obamacare is caused by the media the media is

covering what is happening after they frankly didn't ask a lot of questions about obamacare probably in the beginning and accepted the president's storyline on it which explains why they are now covering it so aggressively because they were out there accepting what he said and now it has not come to pass. i think that the criticism is merited and, he should just take his lumps and not be trying to put it off on the media. jon: there are a great number of democratic politicians on capitol hill, yeah, capitol hill who are running somewhat scared over the problems with this rollout and they are arguing with the white house apparently, at least behind closed doors. "the new york times," judy, this week was writing about that and said the split between lawmakers and the white house reflects the dilemma the president find himself in as he seeings to follow through on last week's acknowledgement about this incorrect promise on health care coverage. incorrect promise. that is what we got from the president. >> yes, one of the great

euphemisms and leave it to the "new york times" but in their defense one must admit that this morning they had to acknowledge that the program that they loved so much is in trouble and the way the president has handled it has dealt an enormous blow to his credibility and they're not sure how and when he is going to get it back. so those must have have been very tough words for "the new york times" editorial staff to write but other coverage has pointed out it is not clear that this fix is going to work because the insurance companies say, wait a minute. we have all of these obstacles in front of us and your premiums may go up again. and also they have pointed out this was such a political move. this is a move that is meant to shift the blame from the white house to the insurance companies. they don't like it. the republicans don't like it. i think he is not out of the woods yet. jon: i want to switch topickings to a story we've been trying to keep our viewers updated on and involves a colleague of ours,

jana winter from foxnews.com. the new york appeals court heard testimony this week, judy, as to whether or not she is going to be compelled to go back to colorado, she is the woman who broke the story about this notebook that accused mall movie shooter james holmes mailed to his psychiatrist. a colorado court is trying to send her back there to reveal her sources. the new york court could offer her some protection. judy, you know a great deal about this case. what is your sense about how is it going to go? >> i think the precedent here, there are very few precedent, the precedent we do have, lower court rulings are not encouraging. we're hoping as journalists that the highest court in new york state will do the right thing and say that a journalist who is working in new york for a new york news organization should have new york protections no matter where he or she happens to be working but this is kind after long shot.

i'm obviously hoping for the best but i'm very worried about jana i'm very worried about her situation and all of us who are being asked to reveal sources or have the government to try to spy on us to find them out. jon: kirsten a quick thought on this case? >> i'm an absolute purestist on this issue. i don't even understand how gag orders to start with are constitutional and i think this is extremely chilling, that the government is basically, they want her to give up her sources under no circumstances should reporter have to give up their sources. i think they want to give them up also to find out who spoke. again they shouldn't be able to control what other people say. this is government two times infringing on free speech. jon: courts in colorado paraded all kinds of law enforcement people in front of them. couldn't find the answers. so now they're going after the reporter. unbelievable. kirsten powers, judy miller. unbelievable. >> thank you,. jenna: meantime the president's apology for the troubled rollout of the health care exchange

website raises questions about the impact of the 2014 elections. plus a big meeting today between miami dolphins player jonathan martin and nfl investigators. what he could say about the bullying scandal that has everyone talking.

jenna: welcome back, everyone. some international headlines we're watching for you today. the daughter of president john f. kennedy is america's new ambassador to japan. caroline kennedy arriving in tokyo today saying it's a privilege to carry on her

father's legacy of public service. also protests in sri lanka where visit by british prime minister david cameron. demonstrators are angry he is there for a summit. cameron sharply criticized the president for alleged human rights violations during that country's civil war. a tragic scene along a railroad in india. seven elephants killed and others injured by a passing train. the herd was crossing tracks in the middle of a forest when this happened. >> the president saying the health care debacle was on him yesterday and repeatedly useing a sports metaphor, admitting his administration had fumbled the ball. will this help or hurt democrats who supported the affordable care act and up for re-election? just a few weeks ago things looked bad for congressional republicans. polls showed many americans blaming them for the partial government shutdown in october but the botched rollout of health care could put the heat on democrats. a "fox news poll" showing 50% of

the americans think the president flat-out lied to sell health care. another poll showing approval pretty low for both parties in congress. 29% saying democrats are doing a good job. just 21% approving of the job republicans are doing. let's talk about it with a guy who knows politics, larry sabato, director of center for politics at the university of virginia. looking at the president's poll ratings right now, his approval ratings, larry, you say democrats who are worried about their prospects one year from now 2014, historically have reason to be worried. can you explain? >> absolutely, jon. the president's polling average approval rating right now is 41%. that is so low that the chances that democrats could gain the 11 seats they need to take over the house of representatives is literally nil. in fact, i would say the probability is, if the president's rating is still in the low 40s or even worse, a

year from now, republican cost probably add some seats in the house and that is bad news for obama in his final two years. jon: up till now you have said that the senate looked likely to stay in democratic hands or at least come out as a tie, with vice president joe biden breaking that tie on behalf of the administration and the democrats but these days you're starting to wonder about that prediction? >> sure. because as the president's approval rating falls, and it is really one of the best indicators in a midterm election. you always look to that summary statistic of what people think, not just about the president, but about the state of the country. that's the great thing about that approval rating. it tells you a lot in one number but in the senate, look, here's the democrats problem. they have got 55 seats right now. they're going to lose in all probability, west virginia,, south dakota, and montana. well that brings democrats down to 52 seats. where are the other vulnerable

democrats? they're are quite a few of them. they're in deeply red states like alaska, louisiana, arkansas and a moderately red state, north carolina. obviously the republicans would need only three additional seats out of those four and they may expand the battlefield from there. jon: wow. and all based in part on the approval ratings of a guy who isn't running again. interesting. i want to turn our -- >> it doesn't matter. >> go ahead, real quick. >> no, i was going to say it doesn't matter he is is not on the ballot. in fact indirectly he is on the ballot. presidents are on the ballot indirectly in midterm elections. jon: want to turn our attention to the story we had at the top of the hour, the new, well newly enhanced audiotapes of the day that president kennedy was shot. you have just written a pock, really about all of that. tell us about the significance, what you learned from these tapes. >> yes. we were very pied.

we got emit this out of the national archives and got some audio analysts together using modern methods to enhance them. we were able to draw more out of these tapes than anybody ever has including lines that have never been published. we put this together in an app available on the android and apple platforms, called the kept did i half century, the same as my book. what is fascinating, it is time tunnel back to november 22nd, 1963. you hear everything going on behind the scenes from 9:44 in the morning before air force one landed in dallas, all the way to 3:57 p.m. after air force one had taken off with the new president lyndon johnson and the body of president kennedy. it is fascinating. it is a black box to the crash that occurred on november 20 second. i think people will be fascinated. jon: and you say that based on what you hear from those enhanced tapes, there was no fourth shot, no fourth bullet

and therefore no second gunman? >> well there were no shots recorded at all. the house select committee on assassinations in the 1970s which contradicted the warren commission by saying president kennedy was killed as a result of conspiracy used these tapes as their evidence. we have blown apart their report. they're completely wrong. there is are no bullets on here at all because the recording actually came from a motorcycle policeman who had a stuck microphone who was 2 1/2 miles away from deily plaza, the site of the assassination. there was no way any bullets could be recorded. jon: the kennedy half century is the name of your book. larry sabato, thanks for being with us today. >> thank you, jon. appreciate it. >> right now, new fallout in the miami dolphins bullying scandal. the details what sparked the scandal unknown at this time. alleged victim jonathan martin is meeting this hour with the

nfl's investigator in new york city. as the alleged bully, richie incognito filed a grievance against the dolphins over his suspension. rick leventhal is outside the office where martin is meeting with investigators, rick? >> reporter: jenna, those meetings could go on for a while. martin arrived with his attorney david cornwell and headed inside this office building to meet with the nfl special investigator ted wells. they will discuss martin's issues with the dolphins and accusations of bullying by teammate richie incognito. martin left the team last month because of alleged bullying that went way beyond locker room hazing. he saved tex messages and voice mails which the beefily white lineman threaten his family and repeatedly called him the "n" word. butting -- incognito told fox sports that he is not a racist. >> i heard a word john use a lot

but not saying it right what i did in the voice mail. there are a words, around the locker room we don't use in every day life. the fact of the matter remains that voice mail was left on a private voice mail for my friend, and it was a joke. >> reporter: incognito was suspended by fox, by the dolphins earlier this month for conduct detrimental to the team. it would be a maximum four weeks suspension based on the league's collective bargaining agreement. he filed a grievance challenging the suspension asking for immediate hering so he can start playing again. the suspension is costing him almost $250,000 a week. martin is being treated for depression and post-trauma sick stress disorder. there is lot of reaction from other players suggesting he is special case. jenna, as you might imagine, most players would handle things like this internally but in this case it has become very, very public. jenna: we'll see what we learn today. rick, thank you. jon: some new signs of a shift

in american political campaigns. critics slammed republicans for getting an unfair advantage from the so-called super pacs but the tables might now be turning. we'll tell you about that. also a big day for a new product. lines like this all across the country. we will tell you what these folks are waiting to get their hand on. 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®. and our networks are getting crowded. t if congress, the fcc, and the administration free up... more licensed wireless spectrum, we can empower more... people to novate, create new technoloes and jobs...

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jenna: little more politics for you now. super pacs are funding millions of dollars into important regional elections nationwide. critics say they give republican candidates an unfair advantage. apparently a new report that says liberal super pacs are catching up. carl cameron has details from washington. carl? >> reporter: this was done by the non-partisan center for public integrity. it did a study and super pac

races in virginia are telling. in the garden state republican governor chris christie was easily elected in pretty overwhelming landslide, turns out democrats and labor groups were going to win, they spent a record shattering $35 million on down garden races that the legislature would remain in democratic control. it was large amount of money done largely with special interest and super pac money. a single environmental super pac in virginia pent $8 million in three months of blistering attack ads funded almost entirely by long time democratic activist and billionaire donor time stier. he will have super pacs target specific races in 2014, governor, house, senate, et cetera. the left has demonized wealthy conservative donors and philanthropists buying inclunes with the big money. koch brothers and americans for

prosperity are good examples. tom stier in california and outgoing new york mayor mike bloomberg with the progun control group spent millions of dollars, shows democrats have pretty big super bucks coming in 2014 and 16 as well. jenna: carl, thank you. >> if you like your videogames today is a big, big day. sony's new playstation 4 is on sale right now if you can find one. fans in parts of the country started lining up on tuesday to get what is expected to be one of the hottest gifts for this holiday season. playstation 4 is the first update sony has made to the popular game con sell in seven years. the early reviews say the system is incredibly fast. offers interesting features letting players share on social media. jenna: we're keeping an eye on the house floor. heated debate underway on controversial so-called fix to the broken obamacare promise if you like your health care plan, you like your doctor you can

keep it. we'll take a closer look where things stand right now inside that building. plus a body part you never knew you had. what a new discovery could mean for those who suffer with bad knees. not looking at you, jon. jon: that's me.

jenna: right now a medical breakthrough apparently. doctors discovering a brand new body part, a brand new knee littlement no one knew that we had. some are suggesting this may help improve future knee surgeries which could be better for everybody. joining us is a doctor of founder of prestige orthopedic and sports medicine and orthopedic surgeon so he is the right guy to talk to about thngt when you read the headline, a new knee littlement, you wonder, what? how did we not know about the new littlement for some years? >> we knew about a littlement

being there. it has been there for 100 years. it was talked about but not thought to be important. there were doctors in belgium who were very interested why some patients continue to have instability with rotation after reconstruction. jenna: some patients, patient that is have repeated knee surgeries like my copartner in crime, jon scott. he had a few in his life. so they think potentially when you get an "a" cl repaired, which is popular surgery, the reason why you keep coming back because this is not being addressed? >> that is the theory that he was trying to prove. they did a bunch of studies after finding about this littlement in the literature. they dissect ad bunch of cadavers and found it existed in 97% of the cadavers they found. but only 80% were torn on the acls actually did. jenna: you have a knee with you. but you have one in your hand. show us a little bit where this actually is? >> so, this is is the normal

model of the knee. you have your acl in the middle and lateral collateral littlement on the side. this would go from where the lateral collateral littlement goes to the tibia. it joins the femur and tibia, two main bones in the neon the side. jenna: so, when you're doing surgery, would you repair this normally? is this something you would say and say that is broken. >> no, sorry. no, you wouldn't see it. now we do everything in the joint through scopes. it is called a throw skop i can. jenna: sure. >> you're doing acl in the middle of the knee. you wouldn't see anything outside the knee. jenna: how big of a deal is this. >> i think it will be a little bit of a deal okay? what they're saying if they tear this structure you have a lot of instability. but they also showed 80% are torn in the middle. usually when we do acl reconstruction, we're rehabing knee four weeks best surgery. my feeling most will heal best you do the surgery. if you do the acl surgery correctly you will fine because

95% of patients with acl reconstructions correctly are completely well now. jenna: i was mentioning jon's knee surgeries. he is nodding his head. women are really affected, majority from acl surgeries, aren't they? affects women a lot as well. >> they have higher incidents especially soccer and basketball players. >> just because jon is example on set he is not the example overall. interesting story. appreciate it. jon, the knee is feeling okay today? jon: after that segment i'm starting to wonder. three aclsin my world and a few other lesser knee surgeries. jenna: yikes! you're walking great, jon. no one would ever know. jon: actually i'm not, thank you, jenna. we are awaiting a key vote on a republican plan to fix obamacare. we will fill you in on what's in the plan next. a health alert to tell you about. a rise in tuberculosis cases reported across the country. what you need to know about this outbreak.

seriously? the last thing you need is some guy giving you a new catalytic converter when all you got is a loose gas cap. what? it is that simple sometimes. thanks. now let's take this puppy over to midas and get you some of the good 'ol midas touch. hey you know what? i'll drive! and i have no feet... i really didn't think this through. trust the midas touch. for brakes, tires, oil, everything. (whistling)

jenna: some big developments in our top stories and breaking news this hour. jon: we are waiting for a key vote in the house as lawmakers take up the republican fix for obamacare. also some serious legal questions about the president's stunning about face. you might have watched it here yesterday at around this time. what does the constitution say about enforcing the law? how will the insurance industry respond? we will sort through all of that. plus a major backlash after one bus driver loses his job for praying. it is all "happening now." jon: well, another big day in washington as we told you, president obama is getting ready to meet with insurance executives trying to make good on his proposed fix for the troubled health care law that bears his name. good morning. good afternoon, i guess now. i'm jon scott. jenna: 40 seconds into the afternoon, jon. jon: officially. jenna: we're always accurate

here on this program. great to see you, everybody, wherever you are in the country. i'm jenna lee, we welcome you to this new hour of "happening now." house lawmakers getting ready on a fix of their own, getting ready to vote on the upton bill which makes good on the president's fix to allow americans to keep their insurance if they like it with an important addition. those canceled plans would not only be offered to the people who had them canceled before, but offered to new patients as well. something the administration does not like. look, the gang is all here. we have team fox coverage on all this. chief national and washington correspondent, jim angle and james rosen in d.c. bureau. go to congressional correspondent mike emanuel live on capitol hill where all the action is happening. what is the republicans making for this obama care fix? >> reporter: they clearly think there needs a administrative fix beyond the repair president obama for the health care law yesterday. let's look at the house floor where lawmakers are arguing for

and against this upton plan. republicans have been sharing stories of their constituents who lost their policies and are now complaining of sticker shock looking at new policies and higher deductibles. chairman fred upton says this would put into law that americans can keep policies they like. >> what our bill did was it brought it back, brought the attention back and yes, we can resolve this issue for millions of folks who found that their premiums are going up, double, triple, even 400% and being stuck with a policy that frankly they don't want, they can't afford and they want to retain the choice that they had. >> reporter: of course there have been a range of legislative fixes offered. the upton bill would allow insurance companies to sell policies which the obamacare law says do not meet the standard. jenna? jenna: mike what are democrats doing in response? >> reporter: well they're clearing pushing, house democrats to vote no on the upton bill. they also offer ad fix of their

own. they're calling it landrieu-light. it is named for democratic senator from louisiana, mary landrieu is is trying to find a fix for the senate in the health care law. however this would not allow insurance companies to continue selling policies that don't meet obamacare standards. today the house democratic leader nancy pelosi ripped the republican upton plan. >> this is a conversation that's not an action but it does, does violence to the bill in other ways that idea that it was helping consumers was sort of the trojan horse whose underbelly is poisonous with, in terms of the health and well-being of the american people. >> reporter: the president has threatened to veto the upton bill even though it is not clear it would come up for a vote in the united states senate. bottom line, supporters of obamacare feel like this bill could destroy the health care

law. jenna? jenna: very provocative on that point, mike. thank you very much. >> reporter: thank you. jon: well the fix that president obama proposes for millions of americans who are losing their health insurance seems simple enough. but there are proking questions over whether the president actually has the authority to let insurers bring back plans that obamacare has canceled. those questions are actually coming from both side of the aisle. even former democratic national committee chairman and presidential candidate howard dean is wondering whether the president's plan is legal. and he's a doctor. chief washington correspondent james rosen joins us live with more. james. >> reporter: jon, good afternoon. president obama spoke for nearly an hour yesterday in the james s brady briefing room but he never cited any particular statute or legal theory under which he could make the changes he was announcing. that dreary business was relegated instead to a white house fact sheet, some 800 words long, which contained these clauses. quote, hhs is using its

administrative authority. quote, hhs will consider the impact of this transitional policy in assessing whether to extend it beyond 2014. finally today's action means, that it will not longer be simply mentation of the law that is forcing them to buy a new law, unquote. that is where the obama administration came closest to explicitly saying we're not enforcing the law. now you also heard those words, transitional policy. that was code for the same legal authority the obama administration cited this past summer for the employer mandate fix, namely some inherent executive ability to provide what the administration called, transitional relief to selected citizens in the early stages of the law's implementation. on the gop side it wasn't just lawyers challenging the legality of all this. >> i'm highly skeptical that they can do this administratively. i just don't see, within the law their ability to do that. >> i think his fear is we'll

change a lot of things and he doesn't want to come to congress but that is the way our system works. >> reporter: on that note, house minority leader nancy pelosi, speaking before the president's statement yesterday, told a forum audience in washington, stay tuned, there could be a legislative fix though that would not be her preference, jon. jon: select citizens, one of the terms used in that report. that greats on the ear for a lot of americans. >> reporter: for democrats with lower d. , yes. >> james rosen, thank you. coming up later this hour our legal panel will go in depth on the president's obamacare fix. he talked about it as james said for about an hour yesterday. we'll break down whether he has the constitutional authority to carry out that plan. jenna: now to the business side of all this, the president is set to meet with insurance executives later on today as his plan to fix the problem for millions of americans with canceled problems now rests on the shoulders of insurance companies to administer this in

the next six weeks before the end of the year. jim angle is live in washington with part of the story. jim? >> reporter: jenna, in hopes of avoiding a democratic revolt president obama tried an 11 h hour effort to get out of political corner that the insurance community should uncan sell millions of canceled policies but many in the industry say it just knit that easy. >> that is easy for him to say. it is interesting this administration spent three years in launching healthcare.gov, and six weeks into it is still a mess. they're telling the insurance industry they have 31 days to turn this cancellation mess around. insurance is a very regulated industry. so it is not always up to the insurance companies ceo to make these decisions and consumers need to understand that. by delaying this, remember, the presidential guidelines, amay not even be legal, that will probably be litigated whether he has the power to do this, number one. number two, even if you can't

implement these changes they really only go to october of 2014 where you can renew a policy, which takes you into 2015 and they end then anyway. so that whole promise, if you you have current insurance coverage you can keep it, period, is still even under these guidelines, not true after a certain period. >> reporter: now the president not only says the industry would have to end is letters to those whose policies were canceled telling them they could get them back, he insisted offer options they have under obamacare, a much more involved process. and so far state insurance commissioners who called the shots for the insurance companies have not been receptive to the president's proposal with the democratic commissioner in washington state flatly rejecting it, saying quote, i do not believe his proposal is a good deal for the state of washington. in the interests of keeping consumer protections we have enacted and insuring that we keep health insurance costs down for all consumers, we are

staying the course. we will not be allowing insurance companies to extend their policies. >> what it provided political cover for the president. he gets to say, we're letting people have those policies. now it is insurance company's problem and state commissioner's problems to let them have it, not my problem. >> now one analyst noted the president said, that they have fumbled football. one analyst says, they also moved the goalpost and changed the rules of the game and it is making it very hard on the industry, jenna. jenna: so many sports analogies can one policy take? that is one of the other questions that remain today. where would we go next? jim, thank you very much. >> reporter: you bet. >> well, 2013 marks the 7th consecutive year the u.s. postal service has lost money. overall mail volume, especially first class mail, most profitable product, is declining. this of course as americans increasingly rely on electronic communications.

the post office's financial offer is calling on congress to pass postal reform legislation that would shore up the finances of the good ol' usps. jenna: a little bit north of here toronto's city council just voted overwhelmingly to strip embattled mayor rob ford of some of his powers. the move essentially bans him from appointing or firing his deputy mayor and his executive committee. the council want to limits ford's authority since they legally can't force him to resign. mayor ford says he will fight the motion in court. this came today after mayor ford came under fire again for admitting to drunk driving and for very vulgar, on-camera denial of sexual misconduct allegations. hits keep on coming for him. ford already admitted to smoking crack cocaine and buying illegal drugs. he consistently said he will not leave office. >> what a story. jenna: politics is tough no matter where you are, jon. that is the first big takeaway from the block of news on

"happening now." jon: interesting times north of the u.s. border. some new developments on a story we brought you yesterday. a giant sinkhole is growing even bigger. what it means for the florida neighborhood dealing with a really scary crisis. plus house lawmakers gearing found for a crucial vote on the fix to the health care law. tennessee congresswoman marcia blackburn is a cosponsor on the new bill making good a broken promise for the american people. she is here. she will join us next. [ male announcer ] this is brad. his day of coaching begins with knee pain, when... [ man ] hey, brad, want to trade the all-day relief of two aleve for six tylenol?

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jenna: so the president announced his proposed fix for obamacare yesterday house republicans are set to vote on their own fix today. congressman fred upton is sponsoring a bill that would essentially do the same thing as the white house fix but with one major difference. it will allow insurance

companies to offer canceled policies not just to the former customers that had canceled policies but to new customers as well. the president says if the bill passes he will veto it. the white house came out with the announcement last night. congresswoman marcia blackburn from tennessee is with us on the program. >> good to be with you, jenna, thank you. jenna: a big criticism of the president's proposed fix it would place an unfair burden on insurance companies to make this right in the next few weeks. are republicans doing the same thing with this fix? >> well, that's a good question and a couple of differences. we don't have mandates and i know what you're going to see from the senate would be a mandate and what we're saying basically if the state insurance departments can make this work and the insurers can make it work, then let's open the market back up. let's hold insurers harmless. hold individuals harmless and let the free market do its job. and not only for people who have

been existing customers, but maybe for others that don't want to go to healthcare.gov or go into the president's health care law, but would like the opportunity to buy a product that is going to fit the needs for their family. jenna: that is what the white house has a problem with. they don't like that part of the proposal. they say that this bill is trying to sabotage obama care. are you trying so do that and what do you think of the white house saying if this bill passes they will veto it? >> i find it really a little bit disingenuous. they know they have got a problem. the president repeatedly said people could keep their plans. people are put in a very difficult situation and they are being forced to byproducts they do not want and with money they don't have and things they can not afford and they're turning to us and saying it is time to do something. we're a government of, by and for the people and it is time for the people to be the people, stand up, fight against this and

we expect you, our representatives, to go defend our position on this and allow us to keep the health insurance and the doctors and the hospitals and the networks that we have put in place. people think that, as they're watching the rollout of this law and the effect of the president's health care law, they feel like this is void of common sense and it is just beyond the realm of their expectations. jenna: congresswoman, we've heard that over the last several years. against my better judgment because i don't want to lose the fact that millions of people are affected by this law. against my better judgement i will ask you a political question. democrats own this the president owns this law. the republicans have tried to repeal it for years and said for years we'll not try to offer fixes. so why are you offering fixes now? >> we are trying to protect individual that are caught in very difficult situations. we have individuals in my

district, jenna, i have individual who have health insurance premiums that have been increased 500%. i have female heads of households that have been thrown out, just discarded from the insurance marketplace. when they go to healthcare.gov and finally get on it, they're finding that the products are not affordable. they will say, you know, this was supposed to save us $2500 yet it will -- jenna: we heard some of these stories but i'm sorry to interrupt you. we heard these stories last several weeks. we heard stories of folks that found health care that we like. heard it from both sides. >> sure. jenna: when you look at poll ratings. when you look what happened to the democrats and president, you see the trend line is going against them now. but folks are not move together republican side. it hasn't been a gain for republicans. why do you think that is? >> i think that what people are looking for is solutions. they want to make certain that we are going to move forward with solutions which we're going to continue to do. they want to make certain that

government is not forcing them into little stovepipes on health care where this is the only access you can have, only insurance you can have. the only physicians or hospitals that you can have and they're very fearful of government taking over this, of misusing their health care and their financial information. and they do not trust the government to work this out. >> so is this, is this the first after series of fix that is republican will offer over the next several weeks? >> what you're seeing us do is weigh the issues as they are coming before us and you're going to see us as we have to address these issues and want to address them on behalf of our constituents. whether it is issues of data security and privacy or costs, or, lack of access, we are going to have to address these issues. and make certain that people are not pushed out. we have far more people that have lost insurance than have gotten it through this.

jenna: congresswoman, great to have you on the program. we appreciate the insight today. when the vote is about to take place we look forward to having you back. thank you very much. >> absolutely. thank you. jon: an update now to a story we first brought you yesterday. two homes at the sight of a growing sinkhole near tampa, florida, will have to be demolished now. officials now say it will take dump truckloads of material to fill the hole which is 90 feet wide and nearly 60 feet deep. several families forced to leave their homes. five other homes in the neighborhood are damaged. another sinkhole this, one in missouri, damaging several townhomes, to the point they too will have to be demolished. the buildings have already dropped six feet into the ground, forcing residents to get out. >> they say, you guys get all your stuff and just leave. one of the letters saying if we didn't move in three days we would be evicted. all this is happening so fast. i don't know what we're doing.

so, we probably on the street basically. >> the company that owns the town houses says they will work with tenants to try to find them other housing. well, does he or doesn't he? our legal experts take up president obama's authority to change parts of his health care law. and it is just a test, a billion dollar technology test that is. we have the pricey details coming up. are you flo? yes. is this the thing you gave my husband? well, yeah, yes. the "name your price" tool. you tell us the price you want to pay, and we give you a range of options to choose from. careful, though -- that kind of power can go to your head. that explains a lot. yo, buddy! i got this. gimme one, gimme one, gimme one! the power of the "name your price" tool only from progressive.

jon: president obama's so-called fix that would allow millions of americans to keep their now canceled insurance policies, may be easier said than done. because it means the administration essentially would not enforce part of the health care law that requires insurance companies to only sell policies that comply with the law.

critics on both sides of the aisle including former dnc chairman howard dean say president obama might not have that authority. joining us now with a look at the legal implications of all of this, fred tecce, former federal prosecutor, and phil snyder a criminal defense attorney. both of you are students of the law. our president is a former professor of the law, fred. does he have the legal authority to issue this change that he issued 24 hours ago? >> well, so let's make this like a law school class, jon. if i was teaching my students which i do, which i do, i would say technically he has executive powers. he has the ability to do things up to the limit of his constitutional power. the example i would give my students technically i'm a guy, so i could date sophia vergara but realistically that is not boeing to happen. he may technically have the authority but i don't like think under any court or any scenario what he will be doing will be upheld by the courts.

jon: this thing, phil, like it or not, obamacare is the law of the land. it was upheld by the supreme court or at least most of it was. so can the president just make changes all by himself? >> you know what, i agree with fred. my personal views is what he is doing is highly improper, possibly illegal, but the bottom line he does have some administrative authority, or executive authority, all he is saying if i worked for him and one of his lawyers say, you're the bmoc, you're the big man on campus, you can do whatever you want. as long as transition, make minor changes for the best interest of the country. but like fred said he is walking the line. i'm not sure if what he is doing will ever pass muster. jon: i don't know, fred, go ahead. >> no, jon, think about it from the other side. i'm a lawyer sitting in my office and a guy comes into me from the insurance companies says, guess what? we were canceling all these policies because we're obligated to do so by the law under obamacare, under the affordable care act, president says don't

worry about it, i will not come after you. we'll tell hhs not to enforce the law. what am i supposed to do? counsel my insurance company clients to do? not only break the law because the president told them he will not prosecute them? what happened in 18 months when the political winds change and government will prosecute the guys, went forward knowing what they did was illegal? jon: the president needs the cooperation not only of the insurance companies but also the insurance commissioners from the various states to get this done and. >> correct. jon: it does not seem like it is particularly popular among them. here is what the insurance, i'm sorry, the insurance commission statement said yesterday. this decision continues different rules for different policies and threatens to undermined the new market and may lead to higher premiums and market disruptions in 2014 and beyond. it doesn't sound, phil, like they're exactly on board with what the president wants to do? >> no, of course not.

listen, insurance companies are like battleships. they're not little fleets. in order for a battleship to move, it take as long time this is going on for months, if not years. obama in the mid different game is changing the game. i know the risk premiums you did now add all the sick people that want to come back. all the elderly people that want to come back. their risk premiums are out of whack. what will happen the all the premiums will go through the roof. all insurance adjustors were saying now what? this is on out, president obama, this is why everyone's premium is higher. jon: this is political question, not really a legal one, fred, but is this a case which the president can now say oh, a month from now, two months from now, say to the people, look, i told insurance companies they could sell you your old policy back and they didn't do it, so it is not my fault? >> you know what, jon, i'm a political junkie and not a political expert. but i have done trial work in the lifetime. here is the problem with all that. president has been on national

television, you can like your policy, keep it, period. when you have courtroom, you have control and credibility. now people are questioning, 54% of the americans are questioning his credibility. they have to filter his statement that oh, i'm going to let you keep the policy now but to make the change. he is not really making the change. he is not changing the law. he is not going to congress and not telling harry reid that will get on the senate floor that changes the bill and allows americans to keep their policy now his credibility he gave up on the witness stand last couple years may come back to bother him. jon: interesting, when president clinton talked about this earlier in the week, even if it takes a change to the law, he said his successor president obama, should allow a change. we'll have to leave it there. >> that is what we'll take. thanks for having me. jon: fred, phil, thank you both. >> nice to have law school in small doses with no homework like that, right? jon: right. no thesis to write. no late-night studying. love it. jenna: i bet fred is a good

professor. president obama is admitting mistakes in the rollout of the health care law. you saw that yesterday in the program. we'll break down how the mainstream media is characterizing what he had to say. is it indeed an apology? is that what we got yesterday? howard kurtz will talk a little bit >> a proud slice of americana may be nothing more than a piece of american history. why the drive-in movie theater is facing a new threat, this time from hollywood itself. [ woman 1 ] why do i cook? to share with family. [ woman 2 ] to carry on traditions. [ woman 3 ] to come together even when we're apart. [ male announcer ] in stuffing, mashed potatoes, gravy and more, swanson makes holiday dishes delicious.

jon: "happening now,", it is no secret the mainstream media are turning on the rollout of obamacare but something else seems to be taking place now. some in the media are making more sweeping pronouncements about the dire consequences for the president's second term. the host of media buzz, howard kurtz, is with us. he is live in washington. howard? >> that is exactly right, jon. the press has been pummeling this president for weeks over the increasing problems and glitches and mistakes of obamacare but now, we see a much more personal tone to the criticism and the questions, questioning barack obama's credibility. we see that reflected in some recent polls, questioning whether or not the agenda for the next three years will be obliterated by these problems. you saw that in rather harsh tone of some of the questions. for example, here is one from cbs news's major garrett. >> after the law was implemented our was signed you said

americans. americans believed that when you said that to hem over and over. do you not, believe, sir, the americans people deserve more transparent accountability from you why you said that over and over? >> even president obama acknowledges he has to rebuild his credibility in that meeting with the press. when you see a "washington post" front page headline yesterday, decline in trust threat inches agenda. "new york times" this morning likening the obamacare fiasco to george w. bush and katrina. these kind of sweeping judgments you would not have seen in some of the rough patches the president has gone through before. the view from the white house that the criticism is legitimate but overstated. the president had to go out there and take it. had to show he was engaged and tried to pivot to talking about the ways to fix this health care law. nevertheless i think we're at a turning point now. i think president has lost the benefit of the doubt with the mainstream media. i think you see that in the much broader and more stinging kinds of criticism being made because of the problems that we've all become well too familiar with this health care law.

jon? jon: interesting the president almost seemed relieved to get a question about iran and nuclear ambitions. >> how bad are things when that is your escape hatch? jon: exactly. howard kurtz, thank you. be sure to catch howard this weekend with more on the media coverage of the week's top stories, "mediabuzz airs 11:00 a.m. eastern time sunday. and at 4:30 p.m. >> 5:00 p.m. jon: right. special guest this weekend by the way? bill o'reilly. thanks, howard. jenna: no personality those two. i don't know what they will do. it will be a great show. a billion dollar technology test for the second largest school district in the country. 14,000 ipads have already been handed out in this district but some big problems apparently are making it easy for this technology to earn a passing grade which we all hope for, right? adam housley joins from us los angeles with more on this, adam? >> reporter: come on, you hope for better than a passing grade, jenna. your parents want more than that, right? jenna: only straight as, adam. only straight as.

>> reporter: only straight as, a san francisco student a bad rollout from the ipad program. l.a. unified school district hoped to be a model for the nation. they hoped to pass out 650,000 free devices to students and teachers over a one billion dollar program. but the program has been mired in controversy. hundreds of kids breached security firewalls, very first week. dozens of these ipads have mysteriously gone missing. there have been many more questions whether teachers were even adequately trained to integrate devices in the classrooms. l.a. superintendent insists the program is important to bridge the economic divide in this district with some of the nation's poor students but parents and educators say they will support the plan only if it is done right. >> we've made a very, very committed push that we were going to bridge a digital divide and we are going to deal with the pernicious inequity in access to technology for students. >> making sure this is being

driven by the educators and the students and their ability to really use this technology, i think that is the, that is the most holistic way to do it and that is the way in the end, that is the only way to make it relevant, if it is meeting need of those folks in the classrooms >> reporter: so as the problems mounted the superintendent's job was in question. it appeared likely the program would be suspended indefinitely but, in a surprising move this week, that divided school board voted to continue a trimmed-down, slower ipad rollout. the new conditions will include stricter oversight, much closer the device's impact on student education. some smaller school districts had success using ipads and of course they have been used around, for that matter around the country a lot of us, they are used as private level. now seems lausd will try to get these things to work in the classroom. jenna, not too much after sure pride, students who grew up with devices like this were the first ones to break firewalls. of course some of the devices

mysteriously disappeared. shocking. jenna: you can't even find your backpack some of the time, let alone an expensive device. >> reporter: can you imagine if we had these in school? that would be awesome. jenna: thinking about that while you're doing the report. that is an interesting question, how do you involve technology in the curriculum. what is the best way to do it. an interesting story to watch. >> reporter: it is not easy. are you too far behind technology to catch up. are you getting too far ahead? no really easy answer. jenna: a great story we'll continue follow, adam thank you very much. >> reporter: absolutely. jon: i learned they don't drop well. jenna: how did you learn that? jon: when my briefcase strap broke. jenna: that was it? jon: that was it. new ipad. there is movement underway to save an american institution. the drive-in movie theater. movie studios are notifying theater owners they are phasing out films to go digital. that could really mean the end for the good ol' drive-in. jonathan serrie is live in the atlanta bureau with that jonathan? >> reporter: hi, jon.

well the problem is that outdoor digital projectors cost upwards of $80,000. that is a huge investment if you're a small, family-owned business which is exactly what you will find at many of america's drive-in movie theaters. >> how's everybody? >> reporter: families travel for miles around to catch films at the tiger drive-in in rural northeast georgia. >> the kids enjoy it. run around to sit and watch a movie. we got to do it growing up, but gives them something to, that we used to do when we were kids. >> reporter: the theater opened in the 1950s, a decade when number of drive-ins peaked at more than 4,000 nationwide. today there are less than 360. and many of these small, seasonal businesses are struggling, to replace old projectors with digital equipment, as movie studios phase out 35-millimeter film. >> doesn't make a lot of sense to spend $80,000 on a business this size.

>> contribute to the save the drive-in fund today. let's preserve this classic part of the american heritage. >> reporter: honda's project drive-in donated digital projectors to nine theaters nationwide. short of a winning a contest, many other theaters including tiger drive-in face tough choices. >> for me to disappoint the people around here, it is the only really good form of family entertainment, i got to figure it out. >> reporter: now, jon, some theaters are holding fund-raisers. others are holding out hoping that hollywood studios delay the digital transition long enough to allow a used market to develop surrounding these now new digital projectors. jon? jon: pretty rare, the drive-in theater these days. jonathan serrie in atlanta, thank you. >> some new developments in the case of a star college football player now under investigation for a very serious crime. plus, major backlash after a

bus driver claims he was fired from his job for praying. i'm re-workin' the menu.

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>> hi, everyone. all eyes on congress as house lawmakers are expected to vote on the bill to keep your health plan. what will this mean for democrats and the president? chris stirewalt will walk us through it. >> plus, is the president's plan from yesterday really feasible? is it even legal? we're going to debate that the and, of course, geraldo rivera gives us his always-i unique take. >> we'll see you at the top of the hour. jenna: well, "happening now," it could be weeks before prosecutors decide whether a star college football quarterback will face serious criminal charges for an alleged sexual battery last year. patti ann brown has the details from our new york city newsroom. >> reporter: that's right, jenna. no charges have been filed against mr. winston, but police confirm the heisman trophy front

runner is under investigation for sexual battery. the complaint was filed last december. winston's attorney says the case was closed in february, but recently the tallahassee police department started getting multiple media requests for information about this complaint according to a police news release. so the case was assigned to the special victims unit, and the state attorney was notified. he confirmed yesterday that he had no knowledge of this 11-month-old case until two days ago. winston's lawyer denies the accusation. he says winston has not yet been interviewed by police, but he is cooperating and hoping for a quick resolution. the woman who filed the complaint is also cooperating according to police. that complaint was received at four in the morning about an incident in an apartment two hours earlier. the incident report mentions that the victim said she had been drinking. photos were taken of her and evidence taken from her body. but the report does not name a suspect. interestingly, it describes the suspect as between 5-9 and 5-11.

winston is 6-4. florida state university is not commenting, except to say there is no change in the quarterback's status for the seminoles' home game saturday against syracuse. fsu, by the way, ranked number two nationally. jenna: patti ann, thank you. jon: well, a big shake-up at rutgers university after a bus driver gets fired for praying with a wheelchair-bound passenger. our religion correspondent, lauren green, is here with that story. >> reporter: hey, hi, guys, how you doing? well, you know, there is a dispute about why stan mcneal left his job. first, his employer, first transit, says it was for failing to properly secure a wheelchair, but he says it was because of his overtly religious behavior, and he always talked with students about their lives, giving them pep talks laced heavily with words of his christian faith and wisdom. well, regardless, more than 6700 students have signed a petition supporting stan mcneal.

they say he was not only an inspiration to them, but a shining light of support. >> every time you'd get on a bus with stan, he'd high-fiveeveryone everyone that got on the bus. >> i've had a couple of experiences, and i truly believed i walked off that bus feeling better, more inspired, more motivated. >> if you don't want to hear it, you can just put your headphones in. he doesn't take offense to it. >> mcneal misses the students. he says he was asked by employer, first transit, to tone down the religious talk while on the job, but when he prayed over a wheelchair-bound student, well, that was the last straw. >> today said we don't -- they said we don't do that here, and they said now we don't want to fire you, stan, because you're a good worker, and they said we'd like you to -- it would look

better on your record if you resigned. >> reporter: now, mcneil's employer, first transit, tells fox: we respect both his religious beliefs and the many positive messages he shared with the students. the statement goes on to say: unfortunately, mr. mcneil had failed to follow a critical safety protocol that was cause for immediate termination. rutgers is not saying if it received any complaints about mcneil referring to all -- they're referring to all call toss the bus company itself. mcneil says, you know, i wouldn't change a thing. my faith is who i am, so that's who he is. jon: safety property kohl, hmm. >> reporter: well, that's the official line. he says over otherwise, and the students don't care. they want him back. jon: thanks, lauren. jenna: well, a dangerous disease once thought contained is apparently making a comeback in this country. dr. kevin campbell joins us to

talk about the sudden outbreak of possible tuberculosis cases. that's next.

jenna: right now, a serious disease suddenly making a reappearance in the united states. three possible outbreaks of tuberculosis in the state of florida, california and nevada as well. tb germs are spread when an infected person coughs, sneadses or speaks. -- sneezes or speaks. dr. kevin campbell is with us. how do you know someone has the disease? >> the most common symptoms are a cough that doesn't go away, it can be bloody, night sweats and fevers that persist over weeks to months, and there's usually some history of exposure to someone who had tb or a high risk population of that sort. jenna: vaccinations? does that happen as infants mow?

>> it does not. so we recommend people get tuberculosis tests once a year where you're injected with a little bit of the bacteria and see if you react to it. if you do, then you know you've been exposed. jenna: i was looking at a little bit of research about when we've seen, quote-unquote, outbreaks. we've seen these cases in these few states, and it looks like tuberculosis came up in 2009, a couple years ago. and we see this every few years. why do these happen, and is outbreak the right term? are we even using the right terminology to describe when these diseases surface? >> i think that is a good term, and tuberculosis is spread in tight quarters when you have large populations living very close together. also when you have areas of homeless folks that are all packed together. one of the things that the cdc noted is that these outbreaks typically occur in places where there's a lot of non-u.s.-born folks who have come across from another country and get in these

tightly-packed areas. jenna: one of the areas affected was a high school. just real quick here, i only have a minute, but we've talked about whooping cough before, and we've seen cases come up. because tuberculosis also has to do with a cough, and because a lot of us might be coughing this time of year, again, can you give us some parameters about when if your child is this sick or has these sort of symptoms it's time to go to the hospital instead of saying, oh, it's change of season, for example. >> right. what you'll notice is watery, red eyes, a cough that doesn't go away, and over weeks it'll start to come with very thick secretions, and you'll have a characteristic, high-pitched sound. jenna: that's the whooping cough. >> yes. now, with tb it's the night sweats, you're going to see it in elderly people, people who don't have intact immune systems and patients in the tightly-packed areas. jenna: 'tis the season for so much, doc. it's great to see you as always. >> you too.

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>> hundreds of dogs having their day in debuick iowa. they compete to see which canine jumps the farthest and highest and running and jumping in it a pool of water. >> the labradors have the advantage. they are water dogs. >> what about winston the oner dog? >> i am not sure he got wet except in the rain. i am not sure he likes water much. >> it is no joke. it looks like stiff competition. >> they do better than i do.

that is great. >> we'll leave you that on friday. thank you for joining us. >> have a great weekend. americas news headquarters starts right now. fox news alert for you. in the nation's capitol republicans are pushing a head with their own solution to help americans keep their own current health plans. a bill would try to prevent the wave of insurance cancellations. welcome to hq. i am alisyn camerota. sdmshgs i am gregg jarret in for bill hemmer. it is not only for those who lost them but anybody who wants to buy them right now. here is michigan congressman fred upton just moments ago. >> our straightforward one page bill if you like your current coverage you should keep it and the president should heed hi