covering the whole road. connor phillips in bloomington, indiana, south of kokomo. that was the image after the storm rolled through his part of the country. martha: on the bright side a little bit. there will be light at the end of tunnel but today's rough one. we're thinking about you, all of you out there. we'll see you. see you@1:00. see everybody tomorrow. "happening now" starts right now. jenna: we start off with a fox news alert. the search is on for survivors after a deadly tornado outbreak struck at least 12 states yesterday. people in hard-hit areas waking up to find their neighborhood torn apart. homes were leveled and trees uprooted and cars overturned by many images on your screen. it is not over by the way. that storm system is the very same storm system is now pushing east. we'll have a live report just moments from now. first right now breaking news and brand new stories you will see here first. jon: could a little-known

provision in obamacare mean big bailouts for insurance companies? we'll break down what it could mean for you, the taxpayer. the kidnapping and murder of 10-year-old jessica ridgeway horrified the nation and terrified a small colorado town. now a court will decide if her killers fate. a disturbing warning from doctors. how antibiotic resistant super bugs could change health care as we know it forever. it is awl "happening now." jon: to our top story today. the deadly tornadoes touching down across the midwest causing destruction in at least a dozen states. good morning to you, i'm jon scott. jenna: hello, everybody, i hope you're off to a good monday so far. i'm jenna lee. rescue teams are hard at work trying to pull anyone in the wreckerrage to safety. six people were killed in the heartest hit areas of illinois. dozens more injured by flying

debris when twisters tossed cars like dice and tore roofs of homes and leveled entire neighborhoods. mike tobin in hard-hit washington, illinois, with more for us now. mike? >> reporter: jenna, this is one of the two neighborhoods absolutely leveled when the tornado touched down in washington, illinois. across the debris field hundreds of homes are reduced right down to the ground. the national weather service is estimating that the tornado that ripped through here carryed winds of 170 to 190 miles an hour. now the sun is up, and with dawn resumes the miserable task, picking through the cold finding debris and what belongings can be salvaged and what remains to be kept. as we look through hundreds of homes in two different neighborhoods, devonshire and trails end neighborhood. it happened in a matter of minutes. storm chasers said the sirens whaled by 11:05.

by 11:08 the funnel cloud was on them. one storm chaser described what it is like to be caught in the cloud. >> it is not like it is in the movies. i didn't see a pretty blue center. i did look up. the debris was unbelievable t was very dark, the wind, i can't really describe. it was a sound, they say freight train you it is a roar that is ear-piercing. it's something that i never want to experience again. >> reporter: we're now looking across this path of destruction that was the two neighborhoods to look at some of the structures that were standing. as we pull the camera shot out you can see all the devastation in the foreground and the reason i wanted to show you that to demonstrate almost the fickle nature of these tornadoes. they hit one section, absolute destruction is in its path. then if you go just across the street almost if there wasn't bad weather in the area. you will see battering of some structures and damage across the street but when you get a short

distance away from where the tornado hit the structures always seem to remain intact and it is remarkable, jenna. jenna: mike, there is something you can tell, looking where you are standing we see destruction and you see clear skies. you mentioned it is very cold in the area. how cold is it? what is the temperature like? >> reporter: just above freezing 35, 40 degrees. it makes it tough for people going through their belongings. their hands are cold and it heeps misery on top of misery for these people. jenna: absolutely. mike we don't want to forget about that. mike will have reports throughout the day from the area. we're hearing from survivors forced to watch in horror as funnel clouds closed in on their homes yesterday. >> oh, my god, is that house going to be okay? >> oh, my god, this thing is getting really wide, john. look at the left edge of this thing, it's getting big.

>> i went back to that end of the house and i heard some glass. we don't have any windows on that end of the house. my husband came back, said, i don't know what to do. we stood in the hallway where there were no windows and held each other. it was that quick. >> my grandma, my uncle, they're all i had. they're all i had. me and my boys, we went straight to the creek. we ran as fast as we could. the tornado was right behind us. we ran to the creek. jenna: keep those folks in your prayers today. those people as well as many others are hard at work this morning trying to dig out trot rubble left from the storm after they left protection for safer ground. volunteers and support from around the country will be needed to help everyone put back the pieces of their lives. how long will that take and is some of the things we'll talk will know congressman aaron shock. he will join us minutes from now. jon: we will continue the tornado coverage just ahead and

turn to washington and political fallout from obamacare. the president is seeing growing pushback from congress other signature law. he will reach out to his base in a q&a session with members of his volunteer group, organizing for action. used to be known as obama for america, the campaign group. as the administration pressures insurance companies let millions of americans keep their canceled policies. chief white house correspondent ed henry is live at the white house now. another week trying to do damage control, ed. the president will be working to rally the base? >> reporter: that's right, jon. this is another week with the president starting on defense over his signature health care reform law. the bottom line he said last week at that news conference he knows he has to rebuild his credibility with the american people but rather than starting in doing that with the sort of the center of the country, reaching out to republicans, he has to first deal, as you say with his own political base. liberals are upset about the botched launch and they're waking up to a story this weekend in the "washington post"

that basically said there's a new goal, privately within the administration to openly get 80% of those people going on line to actually enroll. that means 20% of the people going online, even if they get the website working fully will not be able to enroll. that is not sitting well even with some democrats. >> is that acceptable. >> that is not acceptable ongoing but saying with the fixes to the website they, they anticipating that0% by the end, by december 1 as we go forward. no, it has to be improved upon then. >> reporter: has to be improved upon she says but nancy pelosi went on to add she still believes overall this law is going to provide a health and economic security for millions of americans. so far though it is not getting the job done, clearly, jon. jon: the president came out last week and offered a fix, so to

say. both sides have thoughts about whether or not that is good enough. what are they saying? >> reporter: absolutely jon. you still have republicans like fred upton in the house saying the second executive action by the president will leave potentially millions without insurance. he says they need a legislative fix. take a listen. >> they weren't going to do anything. they were going to let all those folks in essence get run over by the bus. all the policies were going to get canceled. of course the promise that you could keep your health care wasn't just accurate. >> reporter: push back this morning in "the washington post." a op-ed piece by three democratic governors who say their state-run health exchanges were fine. once it nationally gets fixed will be good for lot of people saying quote, our country can not go back to the dark days of health reform when people were regularly dropped from coverage. thanks to health care reform and coverage in our states, people are getting better coverage for

a better price. hard for the white house to see the tunnel when they're under heavy pressure to get this website fixed by the end of november as they promiseed, jon. jon: he had henry, something tells me you will have a busy week at the white house. >> reporter: i'm ready. jon: ed henry at the white house. >> we'll talk a lot about the new health care law today. meantime the killer of a 10-year-old is facing prosecutors who want to end his chances ever getting parole. we'll have the latest from today's sentencing hearing coming up for you. plus the healthcare.gov fiasco, sending the obamacare administration and democrats scrambling. we'll talk about the long-term political impact overall of the health care rollout. that is next on "happening now." the american dream is of a better future, a confident retirement. those dreams, there's just no way we're going to let them die.

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hearing that includes for 10-year-old jessica ridgeway's killer. his name is austin zig. he -- austin sigg. he murdered the girl a year ago in colorado. prosecutors want to end his chances of getting paroled. a gunman opens fire in a french newspaper lobby and leaving after gravely wounding a victim. police say the suspect was wearing a green parka and may be armed with a gun and grenades. we'll keep you posted on that. investigators say they have a person of interest and closer than ever to solve the 1971 valentine's day killings a cold case where a young couple was tied up, strangleed and covered with leaves in a north carolina forest. >> well as the obamacare rollout hits the president's poll numbers hard, democrats in congress worry about the most important poll, the one that comes next november. with unanswered questions over high-risk patients, unchecked insurance rates and medicare

payments, many of their seats could be vulnerable in the 2014 midterms. talk about it now weed tore and columnist of "the hill", a.b. stoddard. eight words today in an article in the "washington post." president obama is in a political free fall. is he taking some democrats with him? >> oh, yes, jon. i mean there are so many democrats lost their seat when this law was passed. now the ones who remain have been cheering it along saying when it is implemented everyone will see the benefits that it provides and people will ultimately change their mind about, about it. and, what we see is that its unpopularity is at an all-time high and people are obviously panicking over the things they learned, not only can you not get on the website and find coverage and actually purchase it, the way you were promiseed that you could, self-insured are getting cancellation notices about policies they thought that they could keep that the president told them they could keep. democrats are facing a third

election cycle in row defending obamacare and they are very, very worryed about what the public is going to be thinking of it come this fall. jon: you say there are some in the white house, in the democratic party who assume this is website problem and that is a dangerous assumption. >> right. i hear, from some people still that they think that even the backlash over whether or not you could keep your policies after a pledge from president obama that you could really wouldn't have been so big if the website had been up and running. something if they knew the backlash was coming because they wrote into the regs in the 2010 they could have motivated them to build a better website. that said, they still think this is something they could have resolved quickly, this anger and frustration and shock if people losing their policies now could have just jumped on the website and seen what appealing policies they can purchase. instead, i think that's a dangerous assumption. i think the white house really

needs not to only lower expectations about the website, which they did. the president has admitted it will not be fixed on the 30th and operational. while they do everything they can to get it up and running but in the meantime they shouldn't really miss, misread the mood of the public and panic among the insured that even those who weren't in the small, self-insured market, buying those policies and seeing them canceled, even those who, employee-provided coverage are still panicking perhaps their companies, who were given waivers until next summer, might at that point choose to drop them as well into changes. so i think it is, to misread that is a real political hazard for the administration. jon: some say it's a real political hazard for republicans to be sort of gloating over the messy rollout of obama care saying, see, we told you so. you look at poll numbers for congress. they are way lower than the president's and republicans control the house of representatives. clearly there is a great deal of

dissatisfaction with both parties, toward both parties among the electorate. >> right and i think that's what puts republicans in a special corner on this. for the moment they feel exonerateed after the toxic shutdown over the defunding of obamacare. obamacare is now reality to americans. people don't like it. they are afraid what will come in december and march and middle of 14 and beyond. this is moment for republicans are worryed for long-term prospects for the party, whether or not their voters will continue to be enough to win the a national coalition, win the white house back and appeal to single women, latinos, et cetera. those thinkers in the republican party are concerned what the messaging will be as this panic state takes hold among the insured mostly that there will be this middle class outrage for those people who are working for a good corporation and find out next august they're getting

dumped into the exchange. the posture for the republicans at that point will be we're willing to repair, really obviously something that is hard to repeal. you don't cover the sick after never been covered and provide people who never had insurance before with guaranteed access to insurance and take it away. the public will look to republicans saying, what are you going to do? fix it now! they need to be prepared to have answers. that might require working with democrats, not something we've seen in a while. jon: probably why, paul ryan, vice-presidential candidate last time around that the party needs to propose not just oppose obamacare. >> exactly. jon: ab stoddard from "the hill." >> thank you. >> we'll leave the political winners and losers in a moment and coming up a little-known provision for obamacare that could mean what some are calling bailouts for insurance companies. the biggest loser could be you the taxpayer. we'll dig into that coming up.

we're watching the midwest after deadly tornadoes hit the region. meteorologist maria molina will have the full foxcast coming up. ♪ (train horn) vo: wherever our trains go, the economy comes to life. norfolk southern. one line, infinite possibilities.

jenna: some new questions about what might amount to a bailout for insurance companies. we'll examine the use of that word in a moment, bailout. there is a little-talked about provision in obamacare that provides reimbursement for insurance companies, and they offset, that is what they're called, cost offsets or risk corridors, were in put in place for insurer who may incur more costs complying with the law. simply put, if the cost was higher than expected the government could be on the hook for the excess. how much money? that remains unclear right now. some wonder if the president's fix will trigger higher risk corridor payments. florida senator marco rubio says

he is working to repeal this provision designed to protect insurance companies if more high-cost patients sign up. meanwhile, hundred of thousands of americans who got letters canceling their insurance could get now letters from their insurance companies uncancelling those policies. so what is happening? and how much is it going to cost us? that is a can he request for james capretta, senior fellow at the ethics in public policy center. nice to have you with us. >> thank you. jenna: take bit by bit. bailout coming out of the recession brings up strong feelings. bailout, risk corridors, what are we talking about here? why are insurance companies getting any money from the government? >> this is a provision that said if an insurance company lost more than a normal amount, the target is like 3%, around their premium collections, if they lose more than that, then the government steps in and pays for some of the excess costs and if it is above 8%, the government pays in fact almost all of the

excess costs. moreover -- jenna: why would the law be set up that way? why would the government want to do that? >> it was to induce the insurance companies to participate in the marketplace. they were trying to say insurers, don't worry, come into the marketplace. if you lose a lot of money first couple years the government will pick up a lot of the losses. this was supposed to be balanced with another provision that said if you made more, than expected you paid into the pool. so it was supposed to be a winners and losers balancing against each other and so net neutral to the federal government. if, as one now expect that is the pool of people is much sicker than anyone anticipated because of all the problems, yeah, you will have almost all the insurers will lose money. at which point the government would pay out more than expected. >> what about the medical device tax? what about the penalties or really taxes on americans and companies that don't comply with the law? could those taxes counteract the money that would be going to

insurance companies? >> it was all supposed to be part of a big pool of money, yes. so they collected taxes from various industries to cover cost of new subsidy structures. medicaid expansion into the law. this risk corridor provision was supposed to be a zero provision. it didn't cost the federal government now. what senator rubio is realizing it will cost a lot of money. in 2014 the risk provile will be -- profile will be much worse than enactment and payouts from the federal government will far exceed any clawback they get from people with ex-session profits. the risk corridor will be a big loser for the federal government. >> the question then becomes, how much? in my research i haven't been able to nail down a number. senator rubio folks are talking to the congressional budget trying to figure it out, but james, have you heard any estimates? what could this actually look like? >> we don't know yet. it is too early to tell. the congressional budget office

and the office of actuary inside the executive branch inside the department of health and human services will have to reestimate the law based on all the problem that is occurred last couple months that will occur next year when they do new budget numbers. we'll get better idea when they think the risk corridor provisions will be billions of dollars which i fully expect it to be. jenna: what is your thought process about this potential legislation coming from senator rubio? is it necessity point, if these provisions are only in for the first two or three years? is it something to wait and see? how do we even address this issue, given some of the changes, including those we saw last week, the fixes that are being proposed? >> i think senator rubio's legislation is motivated by the same motivation i have, which is that really what we ought to be doing is not bailing out this whole system with more taxpayer funding but moving entirely different direction. i think provision is, you know, raising question, why are taxpayers on the hook for a

fiasco of a rollout. that is really what this means. if this thing goes very, very badly, the losers are taxpayers. we end up paying more money to the insurance companies to cover their losses which most taxpayers will find unpleasant. jenna: the portrayal of this being a blank check with an unknown amount is an accurate portrayal what we know at this time? >> yes. it could be very large billions of dollars paid out under the risk corridor provision, absolutely. jenna: risk corridor, that will be a word or phrase we'll hear a lot of. james, thank you for being on the program. thank you so much. >> you're welcome, thank you. jon: kind after boring word but an expensive one. jenna: hard to weed through all the details on that but potentially could be a huge story. we have to wait and see. jon: watch out for the risk corridor. a 737 goes into a steep dive and then explodes into a fireball killing everyone on board. we'll talk to a former national

transportation safety board official on what could have gone wrong here. a look at the radar as a deadly storm system is on the move. we'll get update on the weather from meteorologist maria molina who is joining us in in studio.

jenna: how about a little good news on a monday morning? we want to pay attention to what's happening on wall street today. the dow has topped 16,000 for

the very first time and it is not alone. when we look at the markets and stocks, the records, s&p 500 broke through the 1,800 barrier the first time. 13-year high with the nasdaq as well that pays more attention to the tech side of the markets but we don't want to lose sight of this. it's been a record year for the dow and looks like the momentum is continuing. at least for now. december can be choppy but for now, record high for the dow jones today. jon: a quick look at what is to come. a deadly plane crash kills everyone on board. now investigators want to know what happened. we'll talk with a transportation safety expert about what might have caused that 737 to plunge to the ground. and toronto mayor rod ford admits smoking crack and buying illegal drugs. now he's telling fox news why he sdef deserves to keep his job. could a strain of super bugs wipe out patients being treated

for minor diseases? we'll have the study that says very soon our germs could be too powerful to kill. these stories and more coming up on "happening now." jenna: weather now, some deadly twisters across the midwest and northeast today, yesterday and today. these 12 states reporting tornados touching down in their communities and some areas have been completely levelled. take a look at that in hard hit illinois. six people were killed as the wreckage flew by and people enjoying the bears game this chicago forced to take shelter as well. some areas were hit again by these late season tornados in in i understand in, utility workers are trying to get the power back on to thousands of homes that survived the powerful winds and that storm system is still on the move. unique storm system really this time of year. we're lucky enough to have maria

in the studio with us. >> that's right. our storm system still on the move but the severe weather risk pretty much over examine done with for today. we had a concern early this morning of the damaging winds being possible, actually across the new york city area and surrounding areas and also some large hail but all in all, that pretty much is over with. the storm system has moved on out. we do want to talk about the severe weather t yesterday, though, because it could potentially be historic. multiple reports of tornados. right now the reports by the storm prediction center is 68 reported tornados. now, national weather service crews will be heading out and surveying the damage, of course, and they will determine whether or not that number is the number of tornados we saw yesterday so they had to confirm the tornados and if that is the case, it could potentially be one of the top five worst november outbreaks in terms of tornados but that's what we're looking at. it's a little unusual to be seeing this type of activity during the month of november. really we're used to seeing that kind of activity in terms of

severe weather during the months of may, april and also june so during the springtime when we have those strong cold fronts pushing eastward, you have the warm temperatures east of them, colder temperatures behind it. a lot of rotation, instability. that's when we're used to seeing those storms but not completely unheard of to see this kind of activity during the fall time as well when we do also see some strong cold fronts pushing eastward. otherwise, right now we do have sole areas of rain with the same storm system across maine but we do not have any severe thunderstorm watches in effect. those have expired as of this morning and also no warnings currently in effect across the region but behind the storm system, it is windy in states like indiana, illinois we're seeing gusts up to 35 miles an hour. temperatures also much colder. cold front temperatures in the 30's and 40's. during the wind chill there in the 30's so it's not good news for people without power, people that have had to go to shelters so that's something that we're keeping an eye on. not good for cleanup efforts.

>> another obstacle for rescue workers and aid in the area. thank you very much. jon: russian investigators pulling apart the wreckage of a plane after it crashed yesterday, killing all 50 people on board. the airlines flight on the way from moscow to kazahn. the black boxes have been recovered. now safety experts are trying to determine if the 23-year-old plane, yesterday's weather or possibly pilot error are the reasons for the crash. peter is the former managing director of the national transportation safety board. peter, until they get those black boxes and get the information on them deciphered, they'll not know a great deal about what happened there, are they? >> no. they understand that the pilot did a missed approach and was saying he was in an unstable condition coming around for a second landing but you won't know until you see the results

of the analysis. but russian regional airlines have a dreadful safety record. jon: right. there's been a number of high profile charges, that soccer team that was killed a couple of years back, the entire team perished on board a flight. a missed approach. the pilots coming in, either can't see the runway or has a problem with the airplane and therefore, decides to add power to the aircraft, go around again and try another landing. >> right. he could be too high, too low. he might feel as though the winds are too strong. there's any number of reasons why you do a go around but it happens virtually every day at commercial airports. and pilots just line up and do it again. the area is really a picture perfect airline for trouble. it's got one 737, a couple of airbuses and then a hodgepodge

of russian built planes with -- and it operates on the fringe of regulation. so you don't know how much training their pilots have had, how much experience they have. it's really something american consumers really ought to stay off these kinds of airlines and thankfully none were on this one. >> what about the 737 itself? that is sort of the work horse of the u.s. aviation fleet. does this accident raise any concerns about the 737? >> no. it doesn't. it's the most ubiquitous aircraft in the air today. it probably had 150 seats in it. this particular aircraft has been owned and sold by a half a dozen other air carriers which would lead to a question of do they really have the maintenance records of the aircraft? was it maintained to the type of

standards that u.s. consumers are used to and demand? i think this is just going to be another case of a bad airline and poor piloting but we'll see. >> as you point out, almost every crash in russia over the last five years has been identified as being -- as having pilot error responsible for it. peter, thank you. >> thank you, jon. jenna: toronto's embattled mayor defending his decision not to resign and he claims he's also not an addict. coming up, hear from rob ford himself in a fox news exclusive. >> i've admitted to drinking too much. okay. so i'm dealing with it. i'm training every day.

jon: now this fox news exclusive. toronto mayor ford speaking out

to john roberts. mayor ford already admitted smoking crack cocaine in what he said was a drunken stupor. he then was captured on video threatening to kill someone in a violent rage and using extremely vulgar language to deny allegations of sexual misconduct but he's refusing growing calls for his resignation. even says he may just seek higher office. on roberts is live in atlanta. john? >> i've said this before, bears saying again. you can't make this stuff up. when you're a politician and your excuse for smoking crack is you were too drunk to remember, that's never good. but rob ford is hoping that he can hang on long enough for all of this to blow over. and it's unclear whether he can. he may be nothing more than a ceremonial figurehead by the time he finally convinces people that, okay, he's back. the city council will move this afternoon to strip him of virtually all his powers,

leaving him nothing more than a guy you take pictures with. the deputy mayor would basically be running the city. it was clear in the interview did i with him, he has no plans of doing that. he was defiant in his determination to stay on saying he is changing his behavior. >> i've admitted to drinking too much. okay. so i'm dealing with it. i am training every day. i'm in a gym for two hours every day. i'm seeking professional help. i'm not an alcoholic. i am not a drug addict. individual my opiates in the past? absolutely i have but do you know what? i'm only human. i've made mistakes. i've apologized. that's all i can do. >> the mayor told me if the public does not see a change in him in the next four on five months, he may have to eat his words but there is always the possibility here, john, that he has been, quote, scared straight. jon: so what's he saying about his run for re-election? >> you know, a lot of politicians in a situation like

this will be happy to escape just with their hide attack but he's itching to get in the fray. he's had his pants pulled down in public, dealing with the shame and embarrassment of that and now wants to fight. he has a resilient core of supporters that he plans to work with in a bid to win re-election next october. >> as soon as january 2 gets here, my name will be on the ballot. we'll start fundraising and i guarantee, i guarantee we're going to -- my name is going to be on the ballot for mayor and not the people decide. not the politicians. not the people for taking their hands out of the cookie jar and reducing their office budgets and all their fancy trips and all the consultants and lobbyists that used to get tons of money. >> ford is an interesting mix of politics. self described right wing fiscal conservative and at the same time, a devout social liberal. you don't see a whole lot of

that and this might be seen by some people as deep denial. others as just the confidence that rob ford has always exuded but he told me one day he hopes to hold the highest office in the land and become prime minister. you can't make this stuff up. jon: that would be something, wouldn't it? keep an eye on his career for us. on roberts. jenna: quite a story there. maria was just in the studio telling us what we saw over the last 24 hours may be one for the record books because of the amount of tornados that hit the midwest yesterday. one of the hardest areas hit is washington, illinois and we're going to go back to the ground there. it's where we find illinois congressman and washington, illinois mayor gary mayner and it's great to have you both with us. i know it's been quite a 24-hour period. congressman, this is an area you've grown up in and you spent your childhood in. tell us a little bit about the last 24 hours. describe for us what you've seen

on the ground. >> washington is one of the great communities i have the honor of representing and literally 24 hours before the storm hit saturday night, right in the middle of this devastation was where washington community celebrated its playoff wins for the high school football tournament, state tournament. their state competition is this next weekend now but saturday night this town was victorious in that football win and literally the next morning, much of the community was ripped to shreds by multiple touchdowns of a tornado. gary, you can't ask for a more stand upguy and he's really stepping up to lead. this town has been devastated but thankfully only one loss of life so far. if you walked through the neighborhoods, you'd be shaking your head. literally nothing more than pavement of the street left. the homes, nearly 400 homes are

just completely gone. jenna: and let me ask the mayor a little bit about that, if i can. mr. mayor, the areas where you're standing right now, can you describe to us the neighborhoods that have been affected? are they mostly residential, small bills snz who lives and works here? >> it's residential area. about five different areas of town were hit. the congressman and i were on a helicopter ride and saw the path it took and it was just -- the width seemed the same all the way through but the devastation is dramatic. but if you get in the air, it's even worse. i was walking in here yesterday after i made myself, my way back from church and watching these residents worry about their neighbors rather than their own devastation is remarkable. that's the spirit of this community and we're going to get back up and fight and we're going to rebuild. jenna: how has the response

been? if you want to take it first and congressman, we'll finish up with you. how is the response so far? what else do you need? >> well, you know, last night we actually had to tell people quit coming to washington which is not an economic development tool but we had a parking lot, some people coming in wanting to help so we had to shut it down. i want to thank the congressman. he's not here for a photo op. he's here because he loves his community and his district so i want to thank him. jenna: and additional help needed in the days and weeks to come? >> yeah. absolutely. i mean, you know, the press has been focussing on the lack of loss of life but the reality is the 400 homes that were obliterated and the 1,000 others that were damaged, these people have no clothing. they have no food. they have no vehicles. today is a monday. they're expected back at work and they're not able to get there. so this town is going to need a lot of help not just today but

really in weeks to come as these people need places to live but they're going to need -- they're going to need food and clothing and the basic life necessities that we all take for granted every morning when we get up. so the red cross is here on the ground. they're really kind of the premier organization to help with something like this. people around our country that want to help, we've been directing them to the red cross where they can make a financial donation or a physical, material donation of goods or services if they wish to. jenna: great tip for us. i know a lot of viewers want to help and it's not lost on us as well this is right before the holiday season. difficult no matter what time of year this happens but that's not lost in the story as well. mr. mayor, congressman, great to have you both. sending prayers your way. we look forward to checking back in with you. thank you so much. >> thank you. >> thank you. jon: there is a new warning out about antiobiotics. could drugs being overprescribed

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jenna: some health groups releasing guidelines how to fight high cholesterol. they created an online calculator to help doctors figure out who is at risk and what treatments to use but now we're hearing that the calculator is flawed. it was big news last week. we got to revisit it. we have a doctor from new york city so what about this calculator? we thought it was as easy as putting a few things in. >> what people forget is the art of medicine requires doctors to get information about the patient's family history, physical examination, lifestyle, risk factor, things like that. put it all together and figure out what your risks are for certain diseases.

it's not as simple as plugging into a kal -- calculator. if the information we're using is old or a little flawed, that could affect the outcome. jenna: the certain is maybe too many people would be thought to be for issues of high cholesterol. >> the concern is you don't want to start people unnecessarily on medications if they don't need to be on them. that was the biggest concern i found from reading the article. jenna: keep that in mind. there's another topic from britain and a journal there, some medical doctors are saying in a couple of years, we're going to be in a post antiobiotic age where we're going to have to weigh, do i want to get the surgery to help me out and risk getting sick at the hospital? you work at a hospital every day. are we 20 years away from this period? how far way are we? >> i can tell you we do talk about super bugs every day and

by super bugs, i mean bacteria that are not -- that are resistant to normal antiobiotics. jenna: if antiobiotics don't work, what is the backup plan? >> that's a good question. remember to use common sense and maybe we're overprescribing. that's always been thought to be the reason why we're developing the super bugs. don't prescribe them unless they're necessary. only use the first line antiobiotics and only go for the big guns when the infection warrants or the patient is very sick and requires the very strong antiobiotics. jenna: patients are lucky to have you. >> thank you so much. jenna: jon, wouldn't you like to be treated by this doctor? >> you're always welcome to see me in the bronx. jenna: thanks. jon: just bringing flowers to the friend. that's why i like to go to the hospital. breakthroughs for the fixes on the obamacare website but is the damage already dividing the president's party? we'll have a fair and balanced report coming up. and as the death toll rises,

we'll have the latest on the tornado outbreak. how extensive the damage is and what folks in the midwest are doing to recover. ♪

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jenna: fox news alert on the killer tornados with the midwest. dangerous weather on the move today. we're glad to see you on this monday. jon: welcome to the second hour of "happening now." the rare late season twister, some 40 of them touching down in about a dozen states. powerful winds flattened entire neighborhoods killing at least eight people. most of the deaths reported in illinois, that state was the one struck the hardest. >> we could see the funnel cloud. it was bearing down straight on. what i saw didn't really match what i heard. there was more, you know, devastation than what i expected. >> it's amazing how they sometimes cherry pick what they hit. >> it's so random. our basketball hoop is in my

neighbor's kitchen. it's just very random. jon: the damage in illinois is staggering and heartbreaking. one town's mayor saying everybody is without power but some people are without everything. hundreds of homes blown apart, debris strewn everywhere. one man turning to god when the storms hit, reciting the lord's prayer. >> our father, who art in heaven, hallowed be thy name. thy kingdom come, thy will be done on earth as it is in hef in. give us this day our daily bread and forgive us our trespasses as we forgive those who trespass against us and lead us not into temptation but deliver us from evil. amen. hail mary, full of grace, the lord is with thee. blessed our -- jon: one of my sisters lives in chillicothe across the river from washington, illinois which was hit very hard and she said it was a terrifying day

yesterday. manhattan, illinois we are working to bring the reporter's signal. we'll have the report for you in a couple of minutes. jenna: we'll turn to politics now. some growing dissent within the democratic party after the botched rollout of obamacare. we're trying to put a good spin saying at least the president has fessed up to the problem. >> no one is more disappointed in the implementation issues than president obama and he's taken full responsibility for the mistakes and lack of getting this system up and running when it was supposed to be up and running. jenna: we hear something similar from nancy pelosi. she denies the democrats are defecting in droves just because 39 of them voted for a g.o.p. backed bill on friday. >> as it's the same vote we've been asking for months when the republicans have put up

political measures that regard the affordable care act. so that was the same number as we've had, give or take a few. so no, that isn't a question of democrats defecting from the president. it's not even about the president so much. it's about the affordable care act. jenna: mike emmanuel is back on capitol hill. hi, mike. >> hi. despite the administrative fix of obamacare late last night and even though the president issued a veto threat, 39 house democrats joined with other democrats. >> first off as a doctor i have to think about the patients and, you know, when we're talking about something as large as health care and as personal as health care, the reason why, we want to get people individual choices, right? so i'm inclined to think that individuals are probably the best at deciding what policy is

best for them, what fits their income level. >> 2014 senate democrats of colorado and of north carolina have tried to distance themselves from the president. they would like to see a two-year ex tension of people staying on their current insurance beyond the one year fix. hague en said that's not enough and more must be done. louisiana democrat has a plan to keep current insurance indefinitely. a leading house democrat says the focus should not be on anxious democrats. >> our focus has been the angst of americans who got a cancellation notice who shouldn't have gotten one who want to keep their policy and we think the parties should work together to keep their policy. >> the president's announcement last week was designed to hold off a democratic mutiny but there are signs that as time goes on, democrats worried about survival may be willing to throw the president's health care law

under the bus. jenna: it's something to watch. thank you. jon: talk more about that. how much trouble does this spell for democrats as we look ahead to the midterm elections in november and the presidential race in 2016? b bret baier joins me now. we heard in the report senators as they are both seeming to run scared from obamacare. how much of a millstone around the neck is this for democrats? >> jon, i think it's yet to be seen but it sucked a lot of oxygen out of washington the past month, even more and now as you look forward, you see some markers in 2014 that could potentially be really dangerous for democrats. number one, if the equation is not right for the people signing up for obamacare, in other words, even if you get to seven million people at the end of march signed up and that's a big hill to climb considering where they are now, but even if they're there, the percentage of

young, healthy people as compared to old sicker people who use health insurance more will affect how the premiums are de videvise dedevised, how the premium works. just a couple of months before the election next year, you will have insurance companies doing their equation and putting out new premiums. even for the people who locked in to insurance plans and they're happy with them through obamacare. there will be a new equation that develops if the number of young, healthy people does not materialize and those higher premiums will come out just before election day 2014. jon: 39 democrats voted with republicans for this bill that would allow people to keep their insurance policies, the ones they had, the ones that in many cases have been cancelled by obamacare. nancy pelosi seemed to suggest that's not a big thing.

what's your analysis? >> well, yes. she had the messaging that this weekend it's about the rollout, it's not about the standing up for the a.c.a., not standing up for the law itself. jim said it's a rollout issue, not a values issue on health care. that was the talking point this weekend. as you get further down the road here, about 39 house democrats in the face of a white house veto is fairly significant. understanding that a lot of them come from red states and they're facing a lot of opposition strictly on health care. if you point to dianne feinstein from california who is not facing re-election and from the bluest of blue states signing on to mary landreau's bill, that's something similar. it's indicative where democrats may split on obamacare. jon: i guess for those in swing districts and there are a great number of democrats like mary

land dz -- landreau, it's going to be a problem facing voters in one year or three years if this thing doesn't become fixed and becomes a whole lot more popular than it is right now. >> that's right and they're preparing for the expectations game. already saying the website, "the washington post" is reporting that 80% success. in other words, one in five americans won't be able to still log on to health care.gov at the end of november. that's going to be seen as success. so there's an expectations game here going forward. the website is really the least of the problems. the biggest problem is the sticker shock that a lot of people may have and another round of sticker shock if the insurance companies redo their equation come next year. jon: all right. that's going to be an interesting week on special report, bret baier, thank you. you can catch bret on special

report. get all of the day's political news each and every weeknight. jenna: today dozens of torn add -- tornados in the last 24 hours, especially in the chicago area. that's where we find garrett who is live in manhattan, illinois with the latest from the ground there. gary? >> the death toll from these midwest storms yesterday just reached eight people as officials in match -- michigan announce two deaths here. this is in illinois. you can see behind me, this was a 10,000 square foot warehouse. it was standing here yesterday housing all of this equipment, cars, trailers, until an ef 2 tornado with 120 to 130 mile-per-hour wind just plowed right through there. you can see the track here of the debris that goes for miles during the fields.

other debris and damage here on other buildings as well. of course, the worst damage throughout the state of illinois was in the central part of the state, the city of washington. that's where we're seeing some of the most incredible video of this damage. entire neighborhoods have been blocked. they're now just fields of rubble and debris. search and rescue teams are continuing their efforts there. we're told a canine team has been brought in there to assist with those efforts and they're continuing to try to find and make sure that everyone is accounted for there and they say the numbers of those that are injured now throughout the state of illinois is between 150 and 200 people. those numbers, of course, continue to rise as they go about and survey the damage. jenna: thank you very much. jon: latest wave tornados taking a similar path to one of the deadliest outbreaks in our nation's history. it was back in 1925 that nearly 700 americans were killed when twisters ripped across missouri,

illinois and indiana. 11 years later, twin tornado disasters, 216 people killed on april 5 in tupelo, mississippi and one day later, another 203 people killed in gainesville, georgia. while the death tolls were high, they were not the costliest tornados. that belongs to the tornado outbreak in joplin, missouri in may 2011. damage totaling nearly $3 billion. just days before that, another devastating tornado hits tuscaloosa, alabama causing $2.5 billion worth of damage. in 1966, tornados ripped across topeka, kansas. inflation in adjusted dollars, they did nearly $1.8 billion worth of damage. jenna: doesn't make it easier even though we've been there before. so what keeps you posted on what's happening on the midwest and as that weather system moves to the east coast, we'll watch that for you and also minutes away now from the next mission

to mars. we're live at the kennedy space center as nasa gets ready to launch an explorer to the red planet. what will it be looking for? we'll tell you about that plus a major disaster zone here on earth after some 40 tornados hit the midwest. the search for survivors plus the massive cleanup from the killer twisters. what is the priority today? we'll talk to one of the emergency responders up next. >> i go outside and i heard -- it's like a train, like a loud train. i said this isn't right. it's not thunder. it's not -- it just kept coming, getting louder. i went in the basement and about 10 seconds later, i heard -- i felt the house shaking and waited about probably a minute and i came back out.

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jenna: a major scene across the midwest right now after killer tornados wiped out entire blocks, levelling neighborhoods. storm chasers captured a funnel cloud as it touched down.

>> is my house going to be okay? >> oh, my god. this thing is getting really wide, john. look at the left edge of this thing. it's getting big. jenna: certainly scary to see. series of some 40 twisters killing at least eight people. the death toll could rise. joining us is the communications manager for the illinois emergency management agency. i'm sure it's a busy day for you, patty. thank you for the time. what is the priority today? >> well, today we're at the state level doing everything possible to support the local response efforts that have been going on since the moment the storm hit. we know that we have a lot of debris issues. there's a massive amount of debris issues in the places where we had so many homes destroyed and also the trees and other debris that's there so

we're working closely with the local emergency managers to determine what needs that they have and what assist sets we can bring to bear from the state of illinois. jenna: congressman said the red cross is a good way to help from other parts of the country. is there a way you can recommend to the viewers? is the red cross the best way to help friends in illinois? >> the red cross is always our partner during disasters. they're part of our emergency operations center here in springfield. they help coordinate shelters and other needs to help the people who have been affected. there are usually several other charitable organizations that are worthwhile donating to. we'll have a list of that on our ready.illinois website. jenna: one of the things we've been talking about here on the air is that it's cold.

this is not a typical storm for this time of year. how much of an obstacle is the outside temperature right now to getting the help that you need and being able to address some of the families that need the help? >> it certainly has been an issue with the fact that's cooler than we normally would expect in spring or summer when we often see the storms and so with people that are without electricity, i know the illinois commerce commission has been working closely with the power providers here in illinois to facilitate whatever they can do to help get the power reconnected as soon as possible. certainly in some areas where the homes aren't in livable condition, that's another issue. the red cross did have shelters open last night and they continue to have shelters open and we're just looking for any way possible to help the people who have been affected by this. jenna: thank you so much for

your time. i know it's a busy day. we appreciate it very much. >> thanks. bye. jon: is it overkill on obamacare? the media covering every angle of the affordable care act and it's rollout but are we learning anything? a lively debate is just ahead. plus an image on google maps sparking controversy. a grieving father wants the search engine to remove the image of his teenage son found shot to death by police. farmer: hello, i'm an idaho potato farmer.

and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what?

jon: the media are coming under fire for coverage of the latest problems plaguing obamacare. now they're accused of beating the story to death without

providing much new information. this comes from jonathan burnstein writing over the weekend who said, quote, it was a frenzy over exactly what, anyway? the only shred of news about the affordable care act this week to hang the hype on was the number on october signups but given the thoroughly covered disaster with the initial rollouts, the results were surely no surprise as all. at for the other strand of trouble, the pledge about keeping insurance has been around for a few weeks now and nothing really happened this week to create a bigger flap, all of which suggests this is a press story, not a presidency or a policy story. let's talk about it with jim pinkerton, and alan colmes. both are fox news contributors. alan, do you agree with the salon writer who says, all of this criticism of the rollout of

the affordable care act is much to do about nothing? >> it's the media piling on, even the so-called mainstream media that conservatives love to say is the liberal media and is in obama's pocket or obama has them in their pocket, they're piling on as well. you've got very little coverage, for example, what happened when social security was rolled out in 1935 and they had all kinds of problems with people with the same name who had a hard time differentiating themselves only later did they come up with social security numbers? we found out the rollout of ro y y -- romney care was this slow so the media hasn't done a good job of putting it in perspective and it's much to do about very little. jon: we have 105,000 people signed up for obamacare at last report. they're going to need a whole lot more than that if they want to make this thing work. >> right. and heritage foundation this morning says that 16 million people are going to lose their health care coverage and

speculates that perhaps 42 of the other 47 states, people's insurance rates are going to double. that's the heritage foundation this morning. that's a new discovery. i don't think anybody had any idea that 100 million people could wind up being jeopardized. it's even hard for the media. talk about media coverage. that's strike to go -- striking to me is that the democrat from new york said when the president said you could keep your health insurance, we all know, unquote, that was wrong. where is the media doing job? they would have been last three years, if it was that common knowledge among democrats supporting the affordable care act in 2010, the media should have said you can keep your coverage, you can keep your coverage, they knew different and the media wasn't interested then. states why -- that's why the states were shocked. the media weren't doing their

job the last three years. jon: i don't think of a presidential promise except maybe going back to read my lips, no new taxes, that has been more plainly violated than this one, if you like your health care plan, you can keep it, period. >> that's very different than whether the president was willfully lying like the conservatives would like to make t. he should have paid attention to the fact that 3% to 5% of the population falls into that category that we're talking about in the media. they want to keep on putting on all the people suffering because of the afford i can't believe care act but the 97% are basically winners in this new scenario. jon: this was a guy running for re-election. he's a word smith. he's a professor of the constitution. shouldn't he have known better? >> he should have added, it depends on whether the insurance companies are good actors. he had more faith than he should have had. jon: is it the insurance company's fault now? >> it is. jon: i'll ask jim. >> i think the democrats are

going to be launching a major campaign to blame this all on the insurance companies. there's a problem there, of course, and that is, people do have health insurance and if they don't have health insurance, they have nothing except perhaps the government that i think is the long-term plan here but politico is itemizing all things that could go wrong in the future, including one of those is the death spiral of insurance policies as the sick pile up in the system and the non sick don't get insurance so i think there's a lot more news to come of a way that even salon.com will have to admit is real. >> this is the politics of fear just like what might happen in the future just like the heritage foundation saying 100 million could be out of it in the future. they are part of those who would like it to fail >> they're put out by people who thought it would fail all along. they were proven right. >> this is idle speculation. we're not talking about the 500

-- >> people who said it's not going to work were proven right. that does that tell to you do going forward? >> it's too soon. the lens of history will like kindly upon this much more than now and we're not even mentioning the hundreds of thousands of people getting better medicaid now because of the affordable care act and all of those people signing up to get medicaid that weren't before. that's left out of the stories here. jon: there are lots of questions yet to be answered about this rollout of obamacare. we thank you two guys for sticking with us on the media coverage angle of it all. we'll continue to watch it down the road. thank you both. >> thank you. jenna: the white house is gearing up for a battle with congress not over health care but over the closing of guantanamo bay. the administration's efforts to ease transfer rules for all the detainees. new details in a mining accident that left two dead and 20 injured over the weekend. the latest from colorado next. [ male announcer ] research suggests cell health

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help cover some of what medicare doesn't pay. and could save you in out-of-pocket medical costs. you'll be able to choose any doctor or hospital that accepts medicare patients. with virtually no referrals needed. so call now to request a free decision guide and learn more. after all, when you're going the distance, it's nice to have the experience and commitment to go along with you. keep dreaming. keep doing. go long. jenna: carbon monoxide poisoning is thought to be the cause of a death or two deaths and injuries in a mining accident in colorado. it happened in the town of ouray colorado. investigators are searching for the source of the gas and whether a small explosion might have caused it. alicia acuna joins us from denver with the latest on that. >> reporter: hi, jenna. i talked to the operations manager at star mines operations llc, rory williams.

he tells me everyone on the crew had personal respirators with them. what they don't know if everyone had them on that. is part of investigation. we're waiting word from the federal, the federal mine safety health administration. its investigators are on the ground in ouray, trying to figure out how this deadly accident happened. in a statement the agency said a foreman and one miner were overcome by gases following an explosive accident. other miners in the area evacuated the mine. mine rescue teams were dispatched and brought the victims to the surface. 20 miners were taken to area hospitals for carbon monoxide poisoning. some were treated and released right away. others were transported into emergency rooms in neighboring towns. everywhere this gas came from exactly is still not publicly known or where the explosives accident comes into play. the mine is in a remote area southwest of ouray, a popular tourist town, hour 1/2 drive

from denver. williams says he knew the miners that died and the whole community is one big family. he told me, this is not quote, some mine in some town. an official at the hospital is holding two remaining miners hospitalizeed and they told us that the conditions are being upgraded to good and that those two miners are expected to be released sometime today. jenna. jenna: hopefully they continue their recovery. alicia, thank you. >> well for years now the president's been promising to close the detention center that was built at the guantanamo bay naval base. right now a new push from the administration is putting the white house on a collision course with congress over restrictions on moving all of those detainees. chief intelligence correspondent catherine herridge who has been to guantanamo bay many times joins us now live from washington. catherine. >> reporter: thank you, jon, good morning. as early as this week the senate will take up the defense department budget will which include new provision that is will make it easier to bring

guantanamo detainees to the u.s. for trial as well as for medical treatment. amendments put forward by democratic senator carl levin, chairman of the armed services committee would give the president more flexibility to transfer detainees to u.s. soil. in his wide-ranging national security address last may the president said the al qaeda threat is diminished and the detention facility is no longer needed. >> given my administration's relentless pursuit of al qaeda's leadership there is no justification beyond politics for congress to prevent us from closeing a facility that should have never been opened. >> reporter: fox news's traveled more than a dozen times to the guantanamo camps, more than any other cable network. the current proposal does not address a high rate of recidivism, about 30%. that is number of detainees who once released returned to the battlefield. a current example is the a libyan who was released from

guantanamo under the bush administration, transferred to libya and he is suspected of training some fighters that attacked the consulate in benghazi anyone 20 twelve. it was confirmed he was on the ground in benghazi on the night of the attack but not clear if he was directing the operation. aclu is in support of the amendment from carl levin. they told us this morning looking at price tag alone should be sufficient for most americans of the they say it cost as million dollars a year per detainee to keep that detention facility open, jon. >> catherine herridge joining us live from washington. thank you,. >> reporter: you're welcome. jenna: a california father says he won't take no for an answer as he tries to take google down this satellite image which shows the body of his did teenage son of the does he have a legal case against google? we'll dig deeper into the image. and tell you what you're seeing on the screen the legal panel will explore the case. a live look at the dow after

it crossed the 16,000 mark for the very first time ever. we're watching the markets on this big day. here on "happening now." and just give them the basics, you know. i got this. [thinking] is it that time? the son picks up the check? [thinking] i'm still working. he's retired. i hope he's saving. i hope he saved enough. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. whether you're just starting your 401(k) or you are ready for retirement, we'll help you get there.

jenna: california man is on a mission to honor his son's memory and jose barrera says he is ready to take on google if that's necessary over a satellite image he says shows the body of his teenage son. the son you were seeing on your screen. the 14-year-old's body was found shot to death along some railroad tracks in richmond. that is just outside of san francisco, back in 2009. his killer was never found and his dad says, seeing this image brings back all the bad

memories. he is calling on google to take it down, adding he will not take no for an answer and he is prepared to lodge a complaint and reach out to lawmakers for help. >> what is the point? to show the pictures to the people, pictures of my dead son. this is painful for the whole family. jenna: joining us, esther panitche, criminal defense attorney and tom kenniff, former prosecutor. we reached out to google for a comment. have yet to hear back yet from google. so when we do we'll share that with our viewers. esther, does the father have a case here? >> i don't know he has as much of a legal case, this, if there is no law actually on the books already should appeal and he is, to google's sense of ethics and good taste. and that may carry the day more than a lawsuit might because at the end of the day why would google want to show this image? really too bad google didn't have the image of this boy's killer on their as their image

instead of this body and gone back a few minutes before the police got there. jenna: as you point out, esther, google would have been hero of this case not necessarily the at the 10 center of this. >> exactly. jenna: tom, what about the fact it's a crime scene? it's a 14-year-old a minor, whose body is on the screen. tough for to us screen and folks on line can zoom in and see a little bit more of the crime? >> i think we can all sympathize with the anguish of the father in this case. losing a son, let alone loseing a teenage son to senseless violence must be heart-wrenching. to being able to pull the image up online pulling memories back to the surface is horrific. as esther pointed out, jenna, there is no legal remedy. we have no right of privacy. jenna: what about emotional distress but about that. >> you have to establish a google? google doesn't have duty to the boy or father n this case none of us have right to protection of our images taken in the

public domain. same reason any of us can wind up on the cover of newspaper without consent. same reason paparazzi can stick cameras in alec baldwin's case without his consent or deriving profit from them. jenna: what about minors? what about age. what tom is saying if you're in the public space and your children out in a playground, playing, saying not a victim of a crime, we would never want that for any child. is that the world we live in now? we would have no rights if our children were exposed, where they were, you know, for, there is nothing that we can do about that? >> we have very little protection. what we do have, if you're taking pictures of a child at a playground you may have some action for stalking or harrassment if you could prove it. but, in this case, this is a crime scene and, there are pictures taken all the time. there are pictures taken by the police of the crime scene. so you can't say it is okay for some and not for others. jenna: there is, police photos are not online the same way

google's are, are they though? >> depends where you are. in florida es, discovery is public. those images would be public. although there's also a law in florida that says autopsy pictures are not allowed to be put in the public domain in most cases. but in this case we're talking about an open field, public property. and google didn't break any laws in order to take the images. it will be very difficult for the father to be able to hold google liable. which is why i think a more of a public service campaign that try to appeal to google's ethical standards may be, may be going further in the longer, in the end, it may -- jenna: making the point too, tom, a slippery slope, taking the other side of the coin. take one picture down though where do you draw the line as google, as the company for when you take photos down and when you don't? >> that is absolutely right, jenna. this may prompt a fairly just and possibly successful campaign to possibly introduce at least

some state level legislation in california and other states to protect privacy images of the deceased but you have to be concerned about a slippery slope. unless you've been living under a rock for last 10 to 20 years you know idea of personal privacy, this is just one example is eroding on a daily basis. >> yes. >> so, you know, if you create that sort of a precedent, where does it stop and what sort of burden do you put -- google could shoulder that kind of a burden because their stocks sell at $1,000 per share but a small company may not have the resources to guard against this type of thing so well. jenna: let me ask you, to both of you, quick final question, tom, and then you, esther, what if we're proactive? we're living in a environment where people take our photos and by the way a lot of us posting our own photos. >> no. >> i know, shocking. is there anything we can do proactively to protect ourselves legally from people using our

own images? >> reality, once you make the decision to open your apartment or house, door, and walk out in the street you're giving up all the privacy images. only protection if someone using it for a commercial purpose. if someone takes my picture walking down sixth avenue and puts it on a box of fruit loops, i doubt anybody may want to do that but i may have some recourse. you never know. if anything newsworthy, we surrender that right. jenna: esther, a quick thought on that as well. >> tom's absolutely right. it's a crime scene. it is in the public view. google didn't break into anyone's house in order to take the picture. they took the picture from the sky. there is no expectation of private system unfortunate a child who was murdered and his father has to relive it every time he clicks on the picture. jenna: potential legal action we don't know what looks like at this time. good judgment comes through. because the photo could be taken anytime looking for satellite

image. thank you both so much. >> thank you, jenna. >> thank you, jenna. jon: parts of the midwest are reeling after twisters hit at least 12 states yesterday. we'll bring you the latest on recovery efforts and the search for survivors. the weatherd in florida right now. final countdown for nasa's newest martian explorer on the launch pad right now. supposed to go up in about 45 minutes. we'll have the lawn of for you -- launch for you live and we'll talk to an expert what they're looking for. >> family in a minivan, police pulled him over. >> not once, but twice. >> twice they pulled them over. >> policeman tased one of the sons. >> tried to hit one of the sons. >> hit with baton and fired away. >> we'll look at that. >> get geraldo on it. >> perfect. >> we'll do that. top of the hour. see you then.

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jenna: "happening now," back to our top story today as we continue to watch the recovery efforts in the middled of our country. we saw 40, maybe as high as 60, count is still unknown, tornadoes touch down in the middle of the country. on screen left, manhattan, illinois. screen right is washington illinois. these are two of the areas hardest hit. now only 24 hours after the storms hit. we're looking at at least eight people who died in these storms. many others are left without any sort of shelter and without their homes and many other injuries and one of our big stories. live images on the screen. we'll keep you posted as we hear more. jon: as you can see parts of midwest are a mess on earth but we're minutes away from an unmaned rocket launch to mars. it is nasa's 21st mission to

the red planet. they are sending a row robotic explorer named maven looking to see whether mars ever could have supported life. so what are they looking for up there? cory powell, "discover" magazine editor-at-large joins us now. he knows what they're looking for. >> i know what they're looking for. jon: what are they looking for? >> mars today is a dead planet or maybe if you're an optimist it's a drying planet. it is dry, cold, inhospitable placement everything we've seen from the rovers, everything we know from studying the planet, says it was once warm and once wet and was a ha bitable place. we want to know what happened. where did the atmosphere go and water go? is locked in the ground and or escape to space. that is what this mission is about. jon: curiosity, we went up and landed the roverrer on the planet. it is up to 2.6 miles on the odometer i believe.

>> racking up frequent flyers. jon: this one will not touch down. it will not land on the planet. >> this is almost exact opposite of curiosity rover. it will stay in orbit. won't have a camera. it is designed to do everything curiosity can't do up in the atmosphere. looking how water and gas escaped from mars. what happened to that wonderful warm planet that used to be? how did all that go wrong. >> the u.s. has a couple, we're looking actually at the orbit of this thing. it gets as close as 93 miles to the surface and it's a very oval orbit. goes out almost, what 3,000, 4,000 miles? >> it swings up above mars's inner moon and swoops down again and dips through the atmosphere. it is like pokeing a little finger into the atmosphere each time it swoops down. jon: i suppose exploration of mars is no guaranty. this one is probably easier because you will not go through that complicateed touchdown program that the curiosity did.

but a lot of nations, i mean russians record of exploring mars, launching a successful mission is only 14%. >> right. they had miss after miss. every single country that ever sent a probe to mars lost the first one that they sent. even the americans. the americans figured it out pretty quickly. russians never really did. of course india is trying for it now. we'll see how they do. the indian mars spacecraft is arriving just about a week apart from when maven arrives. september of 2014 we'll see how they, we'll see how they do. jon: we mentioned that last week, when india launched that craft to get up there. obviously that is one of the problems in exploring mars. nasa says it still wants to send human beings up there in what, 2030. it's a 10 month trip! >> it's a 10-month trip and people forget how hard it is to do it. you saw the giant rocket launching maven, maven spacecraft weighses 2 1/2 tons.

on the spacecraft all the giant independent instruments together is 150 pounds. that giant rocket takes 150-pound of instruments to the mars. that is how much it takes. it's a long haul and difficult engineering problem. jon: the launch scheduled 33 minutes from now if i'm doing the math right. cory powell, from "discover" magazine. >> thank you. jon: jenna. jenna: this is story near and dear to your heart i know, denver broncos quarterback peyton manning robbed and we're not talking about interceptions. we've got the story next. [ male announcer at red lobster,

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well, tmz is reporting an armed robbery in a papa john's

pizza parloroned by peyton manning. it happen in the game between the game. >> wait, during the game? >> do these guys have no skruples. police say they suspect the description match other robberi robberies. but the good news, they won the game against the undefeated chiefs. >> i am so relieved as is our crews. no offense to john, but it was rough being up. nup late last night. costly victory. >> did you know he owned the pizza shots. >> in fact some of the opposing team yelled papa johns stuff at him. >> clever. >> trying to derail him.

>> i don't think it is working out that well. >> wes walker get well and we'll have to have you back against new england next week. >> thanks for joining us. >> america's news headquarters starts now. we begin with a fox news alert eight deaths confirmed as a result of the powerful winds and tornados that struck much of the midwest. welcome to hq. i am alisyn camerota. >> and i am bill hemmer. a late season storm ripping through 12 states and tearing through homes and tossing cars and leaving tens of thousands without power. the town of washington, illinois southwest of chicago got the worst of it. one man praying while recording this. >> our father who art in heaven hallowed will be tlooi name. give us this day our daily bread and forgive our