we do this every day before we start the show. martha: we do not. selfies are not easy to take. teenagers are expert at it. bill: beat out twerk and bitcoin martha: i bye, everybody. see you tomorrow. jenna: we begin with a fox news alert today as we take you live to capitol hill. the security of data on the obamacare website is the focal appointment after congressional hearing right now. members of the house energy and commerce committee are expected to grill the site's top i.t. person on security and why the administration pushed ahead with the rollout despite months and months of warning are problems to come. we'll bring you highlights from the hearing and developments as soon as they happen. first, brand new stories you only see here. jon: the government launches an investigation into the safety of a popular and very expensive electric car, this after several battery fires. we'll look what it could mean

for owners. a new court hearing today for convicted murderer jody arias as prosecutors again try for the death penalty against her. a new warning over a popular household product. why officials say pods containing concentrated detergents are a growing danger to small children. it is all "happening now." jon: and let's get right to our top story. new details about what the obama administration knew and when regarding how bad the obamacare rollout could be. one government official comparing the looming crisis, to quote, a potential plane crash. good morning to you on that happy note. i'm jon scott. jenna: not reassureing words. jon: not exactly, what you want to hear about your health care info. jenna: or anything for that matter. jon: that's true. jenna: great to see you today. i'm jenna lee. the disasterous rollout dominateing washington again today. there are documents that show

that the white house knew as far as back as march, about problems obamacare website a new report from "the new york times" that teams fixing the site may miss their foal of -- goal of having it functioning normally by the end of the month. mike emanuel is live on capitol hill with more on this. mike, catch us up a little bit. what has been said so far? >> reporter: lawmakers note it is 50 days since the launch of healthcare.gov and it is still not functioning normally. they are questioning when the website will be up and running. they also want to ask about with the mad scramble to get healthcare.gov up and running if the personal and private information of millions of americans are truly secure. they call into question testimony that health and human services secretary kathleen sebelius gave back in april. >> back on april 18th, secretary sebelius testified in

this room we have the federal hub on track and on time. i can tell you we are on track. those are her words. we now know that the secretary's testimony did not match what was happening behind the scenes. >> reporter: some democrats have complained all the emphasis on security may scare americans away from signing up for health care, jenna. jenna: mike, what more have we learned about what was known about the website issues? >> reporter: we know that an outside consulting firm was brought in the spring to look at development of the website. raised red flags about the lack of there being central authority figure that has the power to say yes and no to key components and developments. there is no clear vision in terms of the development of the website. we've also learned that sebelius, medicare official marilyn tavenner and white house chief technology officer todd park were briefed on the report early april and two weeks later sebelius said they were on track and on time. >> one billion dollars was

appropriated. i can tell you we are on track. we have judiciously used those resources and we intend to be open for open enrollment around the country october 1st. >> reporter: white house officials acknowledged that red flags were raised but nobody had any idea of exactly the scope and breadth of the problems with this website when it launched october 1st. but so far i have not heard anybody in the administration defend sebelius coming up here to capitol hill saying they were on track and on time, jenna. jenna: there are a big part of the story today, mike. thank you. >> reporter: thank you. jon: if numbers truly do not lie the white house might be sweating right now. a new poll shows the bungleed health care rollout is continuing to take its toll on president obama. "washington post/abc news poll" shows the president's approval rating the lowest since he took office and a shift in how americans view the significant piece of legislation. a full 56% now say they oppose

obamacare. of them, 46% strongly opposed law. that is compared to just a month ago when the public was pretty much split. joining me are a political reporter for the "national journal" and john mccormick, a staff writer for "the weekly standard." alex, to you first. the president has always been fairly popular among the american electorate. people thought he was trustworthy and so forth. obamacare you say not so much. what does this disasterous rollout do with all of that? >> it is really hard to overstate how much damage he has done this with nobody's else fault besides his own. he got it through the house, the senate despite scott brown's election. got through the election and tea party. fumbleed it up in a way that many critics say that government is incapable doing something this important in people's lives. that said if the website gets

fixed a lot of this could turn around pretty quickly. he is a danger of a 100 year project for progressives to bring universal health care to the american people. jon: having upset the applecart, thrown some people out of their private insurance plans and towards something else, whether they get signed up by healthcare.gov or not, a lot of folks are saying you will never go back to the system that we have. >> well that is probably true. any replacement plan will have to cover people with preexisting conditions. republicans will have to think about a way to reform medicaid so that people still have health care but i do think this is a huge problem for the president in the long term and the short term. right now he is dealing with the immediate crisis getting the website to work. if he doesn't get this thing up and running by december 1st. they might go without health care coverage entirely. they have to be signed up by december 15th to get coverage by january fist. therethere will be millions of e that will not have health care.

there are security risks. people could lose personal information and huge amounts of identity theft. that is the immediate crisis. he is facing problems with people having their insurance canceled. this problem only just begun. people were able to renew insurance policies through next year. millions of people will get insurance cancellations before the november 24th elections. that will not be easy for democrats to handle. jon: up until october 1st, or maybe shortly thereafter, alex, the president was wearing obamacare as a man tell of achievement. now it is becomeing a millstone around his neck. >> there is no doubt about that. you say democrats distance themselves. i think a lot is political opportunism. they know in red states or district that is obama is not popular. they will take this opportunity to distance themselves but that said, democrats are still united. they want obamacare. they want it to work. they don't want it to be broken here and it is a still a big accomplishment. largest accomplishment of the first term. he has to defend it and get it

to worse or else he not only endangers his second term agenda but the largest accomplishment from the first term as well earnings is it going to work, alex? is it possible to salvage this thing? >> i think it is absolutely possible to salvage it. a lot of times in washington we get so obsessed whatever the story of the moment is, i recall the bp oil spill everyone was talking to the obama administration recover from the way it bungleed the response and we weren't talking about it a few weeks later. how the republicans would lose the house because of the government shutdown and it completely turned around. it is a question of whether they hit the deadline to get the website to work. jon: john, with the president's approval ratings going in the direction they are going and he doesn't have much time in getting this thing up running the way he said it would. >> alex is right that things could change but i see the problems only get worse for obamacare. say the website gets fixed. people in 36 states who are

supposed to buy the health insurance through the healthcare.gov will see the rate shock. out of california where they have somewhat functioning website and they're seeing premiums go through the roof. say the when site gets going. people in states like virginia, ohio, they will see for themselves how much more they will pay out, even with the subsidies. more people in the individual market who are thrown on to obamacare will be worse off in terms of what they're paying out-of-pocket each month for their health care. i don't think that will sit well with them. jon: that will be interesting to watch if they get the website up and running what kinds of prices will people be paying. alex and john, thank you both. >> thanks. >> thank you. jon: meantime vice president joe biden calling on a higher power to fix the health care website. speaking to a group of obamacare volunteers in houston yesterday, mr. biden said, quote, the truth is we're going to fix it. then he added, god willing. >> doesn't hurt. >> i guess. >> some new information on

george zimmerman's latest arrest. this is big news over the last 24 hours. he is set to make a court appearance in a few hours from now on charges of assaulting his girlfriend, four months after he was acquited in the murder of an unarmed teenager, trayvon martin. here is a portion of his girlfriend's 911 call. >> are you serious? >> that 911, police, fire medical. >> you're breaking stuff in my house? >> ma'am? what is going on? >> he is in my house and breaking all my stuff and i asked him to leave. with his freaking gun and breaking all my stuff. jenna: we're live at the seminole county justice center in sanford, florida, with the latest on this. phil, how did this all come about. >> reporter: they say it came about because of a breakup conversation led to heated arguing and broken furniture in her house.

she claims that george zimmerman pointed a shotgun at her face and physically shoveed her out the front door. the result, george zimmerman back here in the seminole county jail where he is being held behind bars in isolation without any bond. he has a 1:30 first court appearance here next door at the courthouse where four months ago he walked away a free man after being acquited of murdering trayvon martin. he is currently charged with aggravated assault. that is a felony and two misdemeanors. battery and criminal mischief. he is going through a divorce as we may or may not know as closely as people watch this story with shelly zimmerman but shortly thereafter he moved in with his new girlfriend. zimmerman believed she was pregnant with her love child the sheriff's department confirmed that the girlfriend, samantha scheib is not pregnant. she claimed on the 911 call that first zimmerman used his shot gun to smash his glass coffee table. >> where is his weapon at? >> he just put it down.

>> okay. this is -- >> get out of my house. do not push my out of my house. please get out of my house. you're going -- are you serious right now? are you kidding me? he pushed me out of my house and locked me out. >> okay. you're outside now? >> yeah. he locked me out of my house. >> reporter: mark owe mayor rashes the attorney who won his acquittal of the trayvon martin case he is no longer representing zimmerman. he has a public defender that released a statement saying that zimmerman is doing the best that can be expected. jenna: that was not the only 911 call, phil, from this whole incident. george zimmerman made a 911 call from inside the house and sheriffs deputies were already outside? how did that chapter start? >> reporter: very unusual. in fact the 911 dispatcher seemed quite perplexed at this. why are you calling 911 when the cops are out of the front door?

some speculation is that george zimmerman who has very well-documented experience with the legal system and public records was calculatingly trying to establish on tape his version of what exactly happened. and once the deputies finally pushed the furniture out from behind the front door of the girlfriend's house and pot got inside, zimmerman was on the couch, calm, cooperative, passive. no visible injuries. last night deputies execute ad search warrant at her house to get his shotgun and possibly two handguns. zimmerman claimed it was her, not him who broke the furniture. >> what is going on there ? >> for lack of a better word, gone crazy on me. >> your girlfriend? >> yes. >> where is she now? >> outside, with the police. >> okay, the police is already there and so why are you calling? what happened?

>> i just want everyone to know the truth. >> reporter: now the first court appearance for george zimmerman happens at 1:30 eastern time. it will be via video teleconference. so we will all see him dressed in his orange prison garb once again, hoping to get bond. jenna. jenna: more on the story as we get it, phil, thank you. jon: a fox news alert about a state senator in virginia, a name you might know. virginia state senator creigh deeds is in critical condition at the university of virginia hospital right now. reportedly his son is dead. we understand that there was some kind of an incident at their home this morning in bath county, that is in western virginia, almost at the west virginia line. creigh deeds, former gubernatorial candidate. he ran on the democratic ticket four years ago. was unsuccessful against bob mcdonnell. he is in very serious condition

right now. doug mckelway is on route to the scene at the hospital. we'll be back with more information and more "happening now." hi boys! i've made you campbell's chunky new england clam chowder. wow! this is incredible! i know. and now it has more clams! [ male announcer ] campbell's chunky soup. what? [ male announcer ] it fills you up right.

jon: new information and crime stories we're keeping an eye on. day two for sentencing hearing for 10-year-old jessica ridgeway's killer, austin zig, along with the entire courtroom -- sigg. they broke down in tears after the aid video of jessica's life was played. they are looking for consecutive sentences on all 15 convictions to end the possibility of parole in the jody arias sentencing retrial, the judge is not allowing cameras or electronic recording devices in the courtroom. as they try to get the death penalty for the 2008 murder of her boyfriend, travis alexander. a hearing for a montana man

charged with kidnapping and sexually assaulting a 15-year-old girl before leaveing her in the wilderness. he is pleading not guilty and could face up to life in prison. >> toronto city council relieved mayor rob ford's of most of his authority. he ran around the gallery during a meeting and accidentally running over a councilwoman as you see on video. john roberts with details. had a exclusive with the mayor and john, what can you tell us about this? >> reporter: good morning to you, jenna, we'll get to that in a second. latest headline from the mayor of toronto. he said this morning he had not had a drink in three weeks. he has not smoked crack cocaine in more than a year but finds himself this morning a beaten man, a striped of his budget, staff and most of his powers. this after a bizarre day in city hall yesterday which saw the mayor run into and bowl over fellow city councilmember, pam

mcdonald as he ran to intervene in an argument his brother was having. he apologized as he said it was an accident. another example, every turn this guy runs into controversy. while he says he is even though striped of his powers he will attend every council meeting and debate every issue though he will be mayor in little more than mayor only. >> this is nothing more than a coup d'etat. and if you don't know what coup d'etat means, it means that you're overruleing a government and some people said this is democracy. what is happened here today is not a democratic process. this is a dictatorship process. >> reporter: pretty clear by listening to the video not a lot of fellow city council members were takeing him seriously. subsequent to that, ford said, this is war. and vows to do everything he can to beat the city council members in next fall's election, jenna.

jenna: can he win? >> reporter: depend on what the landscape is. a university of houston study found that incumbents who are scandal-plagued lose about 5% of the vote. what rob ford does in the next five or six months could really tell the tale. he told me in my exclusive interview, for lack of a better word, keep his nose clean. >> we have a team of professionals working with me on some health issues and, and i'm going to leave it at that. it is really no one's business. what i do in my personal life. what i do in a gym or professionals, that i talk to. so you know what? i can assure you, i can assure you, john, if you don't see a difference in the next four or five months, you know what? i have to eat my words. >> reporter: still denies having a drug or alcohol problem, but his brother, jenna, doug ford, worryed about the number of times he bing drank on the weekend. jenna: john roberts, thank you.

jon: problems for a popular electric car company. why u.s. regulators launch an investigation into this award winning and very expensive vehicle. ledly explosions rock the iranian embassy in. a group now claiming responsibility. when you have diabetes like i do, you want a way to help minimize blood sugar spikes. support heart health. and your immune system. now there's new glucerna advance with three benefits in one. [ male announcer ] new glucerna advance. from the brand doctors recommend most.

jenna: there is a ceremony on your screen marking the 150th year since the "gettysburg address." james rosen on site takeing in the celebration which included of course the speech. we just heard that justice scalia just spoke to the crowd. this is streaming on foxnews.com if you like to watch it. a good day to reread the speech if you have a chance. jon: president lincoln i think

in the speech the world will little note and long remember what we say here. that went on to become one of the most famous speeches ever. right now federal regulators launching an investigation into the safety of a popular electric car following reports of three fires in six weeks. patti ann browne is live in the new york newsroom with more for us. patti ann? >> the tesla model s is an electric car costing $70,000 but now the stock price is falling after three battery fires. two of fires started when the car struck debris on the roadway, causeing a puncture of battery puncture. no one was hurt in of the fires. the national highway traffic safety administration, open ad formal investigation into the safety of the tesla model s. elon musk is announcing he takeing three steps. raising the ground clearance to make it less likely to strike

rhode bree. asking safety regulators to conduct a full investigation which is now getting underway and amending the car's warranty to cover damage due to fire. musk is insisting the model s is much safer than most gas powered cars. he points out thousands 6 conventional cars are consumed by ruptured tanks over the years and hundred of those led to deaths or injuries. he in note there is are zero deaths or injuries to tesla fires worldwide. nonetheless tesla's stock has fallen in a month from $180 to 127 today. jon? jon: patti ann brown in our newsroom. if there are more developments. get back to us. thanks. >> an al qaeda-linked group claims responsibility for twin homicide bombings near the iran embassy in lebanon that killed 23 people including an iranian diplomat. the al qaeda group takeing responsibility is the abdullah brigades. it is a group warning it will launch even more attacks before

iran pulls forces out of syria. peter brookes, former cia officer and senior fellow in national security affairs for the heritage foundation. peter, when you see the headline you have to almost rate it a few times, homicide bombing outside the iranian embassy in lebanon. a state one often connects back to iran. what is the significance of this? >> well, there are a number of things at play here. first of all a continueing civil war in syria. this is spillover. the other major dynamic, jenna is the sunni-shia violence we're seeing and the rift going on in that part of the region. once against this al qaeda-affiliated group offshoot of al qaeda in iraq, attacked iran a shia state. in the southern part of beirut which is hezbollah, shia territory. there is lot of things going on here. it also shows, i'm concerned, is that you see the reach of al qaeda in the region. it is just not limited to iraq.

, or to syria. now we're seeing in lobe lebanon as well. >> why now? >> i think the situation is on the ground in syria, my understanding is that the bashir assad forces, the government forces, are actually making great gains against the leaderless rebel forces. and that's because of iran's backing and that's because of hezbollah's backing. so what they're saying now, if hezbollah can go from lebanon to syria and to fight sunnis and iran can go from iran to syria to fight sunnis, we can come into your own backyard and attack you. it is also possible though unlikely i would say you might see something in iran but lebanon was a good target of opportunity for this al qaeda group to make a point. >> take us back if you could to some other news we're getting today. the president is set to meet with a bipartisan group of

senators with what to do about iran. he certainly met resistance from both republicans and democrats easeing sanctions in place right now. what does this attack tell us about iran, if anything? and how does syria still figure into this picture how we address the nuclear issue with iran? >> well that is a very good question. in fact i would say that iran is under a lot more pressure than people realize. we're talking about the sanctions. the president and his team is saying to congress, please don't put any additional punitive sanctions, economic sanctions on iran while we have negotiations which start again tomorrow in geneva. i would say iran is quite vulnerable right now, not only because of the existing sanctions, the potential for additional sanctions by the united states, but also because they have got this tremendous problem in syria. syria is their best ally. it is their conduit to hezbollah in lebanon for funding and for arms and they're involved in a war. people are kind of overlooked this. i think iran is very vulnerable

to significant outside pressure which means we should strike a better deal with them on their nuclear program because of what is going on in syria. jenna: we shall see what is next with that deal. >> that's right. jenna: peter, we'll have you back to talk about it. great to see you. >> thanks for having me. jon: well the dow jones industrial average is again flirting with history. look at it there, 15,979, up a few points from hits close. could we see it close above 16,000 today? it peaked there yesterday and dropped again. the latest on wall street's record rally. plus a long road to recovery just begining for folks in the midwest after a deadly tornado outbreak. our meteorologist maria molina is here with new information on how bad the storm was. hey, maria.

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my storms.

is jon: fox news alert. virginia state senator creigh deeds is in critical condition right now in the hospital in charlottesville, virginia. we understand he was attacked sometime early this morning and another person in the house is dead. there are unconfirmed reports that the second person is creigh deeds son. he became something of a

national figure. he ran for governor in 2009 against, against the eventual winner of that raise bob mcdonnell. he previously campaigned against mcdonnell to be state attorney general. he actually beat terry mcauliffe in the democratic primary that year. terry mcauliffe is the now the governor after winning that raise the last time around. creigh deeds, former county prosecutor and state senator, current state senator actually in virginia is in critical condition. our doug mckelway is enroute to the scene. we're awaiting a news conference scheduled for 25 minutes from now. we'll have more information as we get it hear on fox. jenna: right now, a look at what is still to come this hour. "happening now," a big day on wall street, another big day after the dow goes through the 16,000 mark yesterday. can the market keep the mojo going? it has been two years since a florida mother vanished after appearing on the peoples court. do you remember this story?

we'll show you some new evidence in that case. a popular household product that could be dangerous for small children. what the government is warning and why. >> well, stocks, hitting record highs this week. the dow rocketing through the 16,000 mark and the s&p passing the 1800 barrier for the first time ever! but not everyone is optimistic about it. veteran investor carl icahn expressed concerns over the gains. lauren simonetti of fox business breaks it all down for us. lauren? >> he did. hi, jon. we're seeing caution in the markets today sparked by what 77-year-old activist investor carl icahn said yesterday. he told a reuters conference that stock prices seem out of step with reality warning that the market could see a big drop because earnings at many companies have been gooseed by low borrowing costs and that is courtesy of the fed. the federal reserve has been praised and criticized for their easy money policies. a big reason for dow 16,000 and

s&p 1800. both averages failing to close above those levels yesterday and both searching for direction today. the milestones don't mean anything. they're psychological round numbers that make people feel good about the economy and their own finances. fidelity says the average 401(k) balance is at a record $84,000. if you have more money tucked away, you might spend more money this holiday season, right? no. we just bottom warnings this morning from retailers who are not feeling the holiday cheer. best buy saying deals and price matching used to boost shoppers may hurt its margins in the end. urban outfitters is echoing the same concern. consumers crave these discounts but investors not so much. when margins are pressured and corporate profits and stock prices could fall. on top of all of this, the organisation for economic co-operation and development says global growth will lag this year and next year.

it says that the potential for another u.s. budget battle among other things is a main source of concern. so this stock market in record territory could all be but a mirage. nonetheless, flat on wall street today, hitting record highs earlier this morning. jon: the unemployment situation in this country is a huge drag. >> huge problem. jon: thanks very much. >> good to see you. jenna: now to the fox news weather alert and a cleanup underway in several states following a devastating tornado outbreak that left eight people dead. illinois governor pat quinn says his biggest concern now is finding shelter for hundreds in his state whose homes were heavily damaged or destroyed. meteorologist maria molina joins us now. we can't forget we're a week away from thanksgiving with all the folks that lost their homes. >> a little unusual for all of this activity to be occuring this time of year. it is just heartbreaking. eight people were killed, well over 100 people were injured and some people now without homes and people even without power.

we actually know that some people in indiana, in the state of indiana could be without power until friday. and that of course is a big concern. we do expect a cool-down coming up as we head into this weekend. hopefully many people across parts of the midwest will get the power back. we want to show you video of the heartbreaking damage across the state of illinois and some of the reports coming out of these areas are just incredible. so the national weather service yesterday shed headed out to survey the damage and determine approximately how strong these tornadoes were and it was determined that the tornado that impacted washington illinois was an ef4 and had winds up to 190 miles an hour. the path length was estimated to be actually 46.2 miles. so that tornado on the ground for more than 46 miles. another town impacted, gifford in illinois, an ef3. winds of up to 140 miles an hour and stayed on the ground for approximately 24 miles. so just a terrifying stuff that

occured across parts of illinois. not just in illinois but having confirmed tornadoes out of parts of indiana and even across kentucky. we'll continue to update you on the latest across parts of the midwest and confirmation of these tornadoes. the forecast as we head into wednesday, thursday and friday for rain across parts of illinois. the same for indiana. that will not be helping up cleanup efforts across the areas. i do want to mention another big story. i will take you to minneapolis, over the next several days, a number of cold fronts will move through parts of the midwest and temperatures will be dropping by this weekend. minneapolis, high temperature, this is the actual high, not windchill, could be only 20 degrees and during the nighttime hours, single digits. it will be brutally cold not just in minneapolis but areas across the midwest, parts of upper midwest, the plains. get ready for a big cool-down next couple days. jon: that is so sad for people.

>> heartbreaking. jenna: maria, thank you. jon: more than four score and seven years ago how people are remembering abraham lincoln's "gettysburg address" today. dangerously cheesy literally. how cheetos and some other spicy snacks are sending kids to the hospital. that's coming up. 0

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in the only medicare supplement insurance plans endorsed by aarp... and provided by unitedhealthcare insurance company, which has over 30 years of experience behind it. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. jon: thousands of people gathering in a small patch of pennsylvania today to mark the 150th anniversary of abraham lincoln's "gettysburg address." that two-minute speech came five months after the union army defeated confederates in the battle of gettysburg. it marked a major and bloody turning point in the civil war. james rosen is live at the ceremony. i has more for us. james. >> reporter: jon, good afternoon. we still 150 years later continue to learn new details about gettysburg, seemingly new photographs turn up, new maps, new details. one thing that remains

stubbornly out of reach how the address actually sounded. contemporaneous accounts of abraham lincoln's voice says it was higher pitched. not the pitch which common imagine our tall and somber 16th president to have possessed. >> as an illinois politician or any politicians in the 19th century, they had no microphones and amplification, you had to train the voice to reach far edges of the crowd. people also commented that he maintained more of a southern indiana dialect. so instead of saying mr. chairman, it would come out mr. cheerman. >> reporter: those seated near abraham lincoln when he differ delivered the "gettysburg address", talked about the extraordinary silence when the president was speaking, how awe-struck the was. he was interrupted five times in a speech that only lasted two or three minutes.

in directly linking the victory over the southern confederacy to the ideals of the american revolution lincoln was determined at lease speaking for the ages. >> lincoln is looking at the past, this is what the american democracy, set out to be. he is looking at the present, this challenge, this test, and he is able to pivot from there and look to the future and say, we passed the test so well now, it is our turn. in fact it is the turn of every american generation afterwards. >> reporter: guelzo add that is abraham lincoln's gifts as orator were honed by the fact he was practicing attorney when juries were comprised of onlookers ropeed into the jury service on the spot so he had to think fast. jon. jon: wow, what a story, james rosen there in gettysburg, pennsylvania. thanks, james. jenna: new video evidence of the mysterious disappearance in the

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jon: orlando police are releasing new evidence now in the michelle parker case showing her hummer on the night of her disappearance. also for the first time detectives are saying more than one person was involved in her disappearance. patti ann browne from our breaking newsdesk has that for us. >> that's right, jon. you may recall this case. two years ago michelle parker disappeared after appearing on episode of the peoples court with her ex-fiance, dale smith, jr. smith was named the prime suspect but never has been charged. parker's black hummer was found the next day at a mall and her cell phone was recovered under a bridge but parker was never found and now orlando police have released video of that

hummer stopping at a red light, less than a mile from where it was found the next day. the video was taken at 8:55 the night she disappeared. parker was last scene atat aftee couple's young twins at smith's town house. investigators don't know who is behind the wheel in this video but signs advertising parker's tanning business are missing from the hummer in this video. they say the car is not following anybody and nobody is following the car. this supplements video release ad year ago showing parker going through a kentucky fried chicken drive through the day she disappeared. police say for the first time yesterday they don't believe just one person was behind parker's disappearance. an orlando detective saying this was a two-person situation. parker's ex-husband dale smith has had custody of the couple's children just a few weeks after michelle vanished. her mother, yvonne stuart, has been fighting that ruling, jon. jon: wow, what a story. i hope this will bring attention

to the case. maybe they can get information they're looking for. >> they're trying to piece together the timeline slowly. jon: patti ann browne, thanks. jenna: apparently cheetos wasn't kidding with the slowing began, dangerously cheesy. of the hot cheetos and other super spicy snacks reportedly have been sending some kids to the hospital with symptoms like severe abdominal pain. are these types of snacks just too flaming hot for your kids? it's a good question for dr. that is a pediatrician at st. louis children's hospital, mother of five including her latest an eight-week old. great to sigh yous, doc. thanks for your time. i'm sure you're busy. >> thanks for having me. jenna: talk a little bit about cheetos. when you see dangerous and cheetos in the headline you wonder is this for real? is it, are these snacks dangerous? >> well, what we saw here in st. louis was a lot of kids coming into the e.r. with concern for blood in their poop. really it was just red food dye

from eating tons and tons of cheetos. that is the thing about cheetos, flaming hot cheetos you can't just eat one. you have to eat the whole bag. jenna: so you have done a little work looking into this topic. you found out that this type of snack is hyper palatable? what does that mean and why should parents take notice? >> flaming hot cheetos like many snack foods are engineered with the right combination of fat, salt and sugar to make your brain release natural kind of opie owed. it's a minor opioid addiction, why you want to keep eating more. flaming hot cheetos add as red pepper-like spice that cause as burn sensation. that causes even more natural opioid release. you really just keep keith eating them. if you're a kid and don't have a lot of will power or maybe if you're an adult without a lot of will power, you will eat the whole bag, not just one serving.

>> one some of our crew tested the red hot cheetos and found them to be delicious. maybe that is why they are such good sellers with kids as well. do you let your children eat these snacks? >> no. i never tried them and somebody, called me a virgin because done a news story on them and never tried them. the other night my husband -- jenna: you went in and tried them? >> my husband and i broke open a bag. the husband and i broke open a bag with a glass of wine and they were wonderful. >> would be interested in knowing the wine pairing. as a mom i'm sure this is something that caught your attention as well. there are little detergent pods really popular now and they're finding, let me just make sure i have this right. the american association of poison control centers is finding there's a huge increase of children swallowing these, eating these. won winders, doc, are these kids getting into stuff around the house or is this something about

this product that you have to be careful about it? >> there is something different. they look really cool and look tasty. they're in colorful packages that look like candy and the containers, used to be translucent. so you saw these colorful balls through a clear plastic box that looked like a candy jar. you stick your little toddler hand in there and they're squishy and feel really good. guess what, todd letters are starting to eat them. we had 10,000 emergency room visits in the last year for inguess shun of these pods. it is not like regular laundry detergent. because it is concentrated detergent. it causes a form of a burn that, burns the esolve gus going down and canning be aspirated into the lungs which is extremely dangerous. and these kids have to be intubated and put on ventilators in intensive care units. jenna: very serious situation you must call 911 for. doc, we have to leave it there.

we're up against a hard break. we hope to have you back on the show and encourage viewers to check out your blog. we appreciate it. we'll talk much more about a lot of big stories today, including developments around obamacare that is coming up on "happening now."

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jenna: just after noon here on the east coast, and a fox news alert. virginia state senator creigh deeds is in critical condition right now, another person at his home found dead this morning. this is very much a developing story, and we're awaiting a news conference set to begin at any moment. steve centanni's been following this story, joins us with the latest of what sounds like a truly tragic event. >> reporter: oh, absolutely tragic for that family, tragic for the state of virginia, and a lot of unanswered questions at this hour, so we're awaiting that news conference to try to find out what's going on as they investigate the serious injury of creigh dietz.

it's not been explained by law enforcement officials, but democratic sources both on the state and national levels are telling fox news that law enforcement officials are telling them that deeds' son stabbed his father, then shot himself. so apparently a family tragedy. deeds was rushed to a hospital in charlottesville where he's reported in critical condition. deeds is a well known state senator who ran unsuccessfully for governor in 2009. he beat terry mcauliffe in the primary. the governor issued this statement today saying the news this morning is utterly heartbreaking, creigh deeds is an exceptional and committed public servant who has always done what he believes is best for virginia and gives his all to public service. he cares deeply about virginia, and the people of virginia care deeply for him, i urge all virginians to join me in praying for a full and complete recovery. that's governor bob b mcdonnell.

he's been in the state legislature since 2001. jenna, back to you. jenna: so many unanswered questions right now, steve, so we'll be staying close to the story as it develops. thank you very much. >> reporter: okay. jon: and there are new developments in our top stories and breaking news as well this hour. the obamacare rollout debacle under the microscope again. dual congressional hearings today, the warnings the white house had and when. also why it's still decided to launch the health care site on time. and first he was found guilty of murdering his wife, now he is facing sex abuse allegations. the next trial for utah doctor martin mcneil. plus, treating insomnia could help people suffering from depression. our medical expert is in with what you need to know, and it's all "happening now." ♪ ♪ jon: a security nightmare, that is the conclusion so far today

from lawmakers on capitol hill looking into flaws on the federal health care web site. you give them all that information, but is it safe? is welcome to "happening now," i'm jon scott. jenna: that's a huge question. hi, everybody, i'm jenna lee, and lawmakers on the house science and technology committee have been hearing from cybersecurity experts all morning long about some of the more disturbing problems with the web site including how easy it is for hackers to steal users' personal information. peter doocy's live in washington with more, and how safe is the information stored at healthcare.gov? is it stored, or do you just sort of fill in an application? what is this really about? >> reporter: jenna, what we learned today is that it really was not that hard for a good guy hacker to access personal information for thousands of people that's stored at the sites that come together to build healthcare.gov. in fact, take a look at this screen shot. it's a simple, unsecured google search performed by an expert that turned up indexed names and

marketplace account information including when a person joined and last logged into healthcare.gov, another one of today's witnesses used a trick that just involves putting a semicolon into the search bar at healthcare.gov, that was it, and that produced results that suggest to him constant cyber attacks on the site. >> this attack has only happened 16 times, and the web site has only been impacted 16 times is not possible. the attacks are so frequently used and done that that means there's not much detection capabilities on healthcare.gov. >> all four witnesses today said healthcare.gov is not secure, and all four said it will not be secure by the end of the month when the administration hopes to have the web site fixes by. of. jenna: that's nerve-wracking information, peter. what about the phony web sites? because that's another angle when copies to concerns -- when

it coming to concerns. what are the state of those? >> reporter: they pop be up on search engines like yahoo! and google and mislead consumers into basically doing all of the hackers' hard work for them. >> i think there is a large risk from focused web sites, because there is not one single web site for one person to use, there will be confusion, and adversaries will take advantage of this confusion. i believe there will be people who will launch a search from a search engine, and they will see many choices. >> reporter: and there's another way people can get tricked, a typo may take someone to one of these phoneny sites that may trick them to giving important personal information up. jenna: i heavily rely on spellcheck, so for anyone out there, i know that can be a big issue. a big story today, peter. thank you very much. jon: meantime, the concerns are

also growing about the number of people who actually are signing up on the web site or maybe not signing up. because while the number of enrollees has doubled since the october launch date, it is still only a fraction of what the white house is hoping for. talk about all the this with joe trippi, a former campaign manager for howard dean, jonah goldberg is editor at large of the national review online, both of them fox news contributors. joe, to you first because i know that you are a glass half full guy here. you like the way this web site is trending. >> the way it's trending, yes. i mean, the way it started, and it's certainly not anywhere where it needs to be and may not be even by the end of november. but we are seeing the trend up on a number of sign-ups which is what the administration said was going to happen. again, you know, in the massachusetts experiment most people signed up at the very end of it. that's what the administration's

been projecting from the beginning. but certainly they can't be happy with the number of sign-ups up to this moment s and the site still isn't up and running correctly. jon: yeah. job that, we're on the -- joan that, we've got 11 days until december, and december's when all these people have to get signed up, right? >> that's when a lot of them have to sign up, and they have to pay something starting this the new year. first of all, it's really important to remember that the serious critics of obamacare never really spent much time, you know, saying, oh, the web site's going to be a disaster. everyone sort of assumed they would get the web site right since they had three years to do it, and so this is in ways has been an unforced error for the democrats. all of the criticisms that people have made about the rest of obamacare still have plenty of time to kick in and are already kicking in. you know, people are losing their plans which the critics

said would happen, they're not going to be saving as much money, which critics said was going to happen. so eventually, they have to sign up more people through the web site because they almost couldn't sign up fewer. jon: we talked in the last hour, joe, about the president's approval ratings. they are the lowest of his presidency. and so much of his presidency is bullet upon obama -- built upon obamacare. he himself has called it his signature legislative achievement. so if he cannot get this thing fixed, let's say he can. how much time does he have to get those poll numbers back up? >> well, he's got plenty of time to do that, but it all is contingent on the web site starting to work and then the opposite of what jonah's saying is that, you know, he needs for people who didn't get health care to have it, for 26-year-olds to be on their parents' plan, for pre-existing conditions to not be, you know, excluded, you know, all these

good things about it have to start taking effect. and in the end, look, george bush had 26 straight months of approval ratings under 40. today the you look at george bush's approval rating, it's near 50%. so even with, you know, disagreements about the iraq war and about the financial crisis that ensued, a president's approval will change over time. obama has plenty of time, but it is, you're right, jon, it's totally contingent i think i now on obamacare. if obamacare continues to be a disaster as perceived by the lick and the bad things -- the public and the bad things republicans have been criticizing it about continue, it's going to be a really rough end of a presidency here, lame duck and will affect the november '14 elections. jon: jonah, isn't part of the problem is that this was the

candidate of hip and cool? i mean, barack obama when he ran in 2008 was the tech-savvy, the hip candidate who promised us that technology was going to make, you know, government special and smooth and effective and that government was going to make all of our problems better. >> look, i think that's absolutely right. and that's one of the big problems you have when you have a candidate who sold to the people -- as beingparticularly hip and cool, once you lose the aura of hip and cool, it is very difficult to get it back. and, you know, i think joe's absolutely right about the president's approval ratings. there's time for those to go back up if the law starts working the way joe hopes it does, but at the same time there is a shot clock when it comes to, say, the 2014 congressional elections where you have in the latest washington post poll the seven democratic candidates, the seven democrats from states that mitt romney won in 2012, voters in those states by a margin of

three to one say they are less likely to to vote for a candidate who supports obama obamacare. so there is a shot clock for the rest of the party. he gets to finish his term and babe he'll leave on a high note, but the democrats who he needs the support of, they're looking at the clock. jon: so what do they say, yeah, i voted for it, but i didn't think it was going to be to be this bad? >> maybe. they're in a very tough place, and, you know, this is why we see mary landrieu spinning like a top trying to figure out how to get on the right side of this with the voters. jon: all right. jonah goldberg, joe trippi, every day brings a new development. thanks very much. >> thank you. jenna: new information about a deadly exlotion rocked the iranian embassy in beirut, lebanon. 23 people killed, dozens injured. now al-qaeda is taking responsibility saying the attack was in retaliation for iran's involvement in the syrian civil war.

leland vittert is live in jerusalem with the latest now. leland? >> reporter: and, jenna, this was really the fear, that the syrian civil war, that proxy war going on would spill outside into the neighboring countries, lebanon being one of the prime targets. twin suicide bombs outside of the iranian embassy. remember, the iranians are the top of the triangle here. they support president bashar assad inside syria, they also support the militant group hezbollah that is fighting in syria to help president assad against these al-qaeda groups that are sort of the rebels there inside of syria, and now the violence comes full circle here against the iranian embassy. you have to understand this was a sophisticated attack, well timed, well thought out. if you think of the middle east as a tinderbox and lebanon as kindling there, then you have to look at syria as the spark. the it's a proxy war right now inside of syria, iran helping the syrians and saudi arabia, the other gulf and sunni states

helping the rebels there, these al-qaeda-backed groups. it just shows you how easy it is for these things to spill over the border. what we're waiting for is if there's any retaliation from hezbollah or for that matter iran here against any types of groups inside lebanon or perhaps somewhere else in the region. jenna: leland, thank you. jon: a fox news alert, we are getting word of a roof collapse, really a structure collapse about 30 be miles north of durbin, south africa. take a look at some of these pictures. apparently, in this mall was under construction. we're going to get the pictures up in a second, i hope. reports suggest that one person has been killed. there we go, you can see this is a large caron crete structure -- concrete structure, and reports are 50 people -- probably construction workers -- may be trapped under all this rubble. no word on what caused this collapse, it's taking place about 30 miles north of durbin,

south africa. when we get more information about what may have caused it and how they're dealing with the rescue of perhaps 50 people trapped inside, we'll bring it to you. jenna: charlottesville, virginia, where we're getting the news conference on what exactly happened to virginia state senator creigh deeds, he's in critical condition this morning. >> criminal investigation salem field office and with the assistance of the bath county sheriff's office. and as i mentioned, investigators are working right now on confirming the motive and the exact sequence of events that involve these assaults at the residence. we're less than five hours into the investigation, there's still a lot of work to be done, and we'll release more details once we're at that stage where we can confirm the facts and release them at in this time. do you have any questions? >> [inaudible] >> um, we're not releasing who called in the 911.

we have gooden the tapes -- gotten the tapes. it came into the sheriff's office originally, which is not uncommon in virginia, it automatically goes to the local jurisdiction. the sheriff's office contacted state police, and we were able to dispatch troopers and deputies to the residence. at this time we're not commenting if there was. >> [inaudible] the incident happened this morning as to oazed to later -- >> no, the incident, we believe it happened this morning, shortly before the 911 call came in. we were notified at 7:25 this morning. >> reason to believe the gun shot wound -- >> as to the motive and the actual sequence of events, that's what we're really working to piece that together. >> are you looking for -- >> at this time, no. we're not looking for any suspects at this point. >> was it -- [inaudible] >> it was a permanent residence for senator deeds. i'm not sure about his son. i know his son lived in mill

borrow, but i'm not certain of that at this point. >> just for clarity, you identified senator deeds -- [inaudible] >> yes, i'm sorry. that's the information i'd gotten was he goes by gus, yes. it's his son. i believe he has four children, and it's his only son, i believe. >> be was there anyone else at the house? >> actually, i don't know at this point. >> does the son have any kind of criminal record? >> oh, we can't comment op criminal history. state law prohibits that in virginia. >> can you tell us about can be of senator deeds? >> unfortunately, due to hipaa prohibitions, we're not able to get into injuries. he does have serious injuries, you'll have to contact the hospital. his family is there at the hospital, we have state troopers at the hospital with the family and will remain there to support them any way we can and provide them with whatever assistance they need. >> senator deeds able to say anything to -- [inaudible] first responders finish.

[inaudible] >> yes. he has made some statements to our folks, to the investigators and so forth, but i can't comment, obviously, on what those are. >> [inaudible] >> i don't know. i don't have that information. >> anyone else -- [inaudible] >> we're -- again, i don't know. basically, what i've got is what i've just released. i though you guys have more questions than answers at this point, but we're still early into the investigation. >> [inaudible] whether he made statements -- he was alert -- >> yes, yes, he has been able to talk with our investigators and the troopers. >> was that early in the morning or since he's been at the hospital. >>some. >> both. >> you're not -- >> no, we're not seeking any suspects at this time. okay? oh, yes. >> [inaudible] >> no, we're not identifying who made the 911 call. i said it did come in originally to to the sheriff's office, and they contacted state police

immediately, and we -- >> did it come from the home, the residence? >> i'm not sure exactly where the 911 call was placed from. >> [inaudible] >> yes. he was located inside, senator deeds -- [inaudible] >> [inaudible] >> i'm not sure his exact location when troopers arrived on scene. i'm not sure. >> when you say, you know, you've only been investigating for five hours, help us to understand what sorts of questions you have to answer and why this is so tricky. >> well, unfortunately, it's not like a tv show where you can have the entire case wrapped up in an hour. this is treated like any incident we respond to, there's a substantial amount of evidence that must be collected and maintained, and, of course, that's got to be sent off to the state lab and so forth. you've got various interviews you've got to seek out. it's a very complex investigation just like any kind of criminal investigation state police conduct, and these things do take time. so we appreciate everybody's patience. >> further information coming out of this conference?

>> >> yes, we'll probably hold another press briefing later today. hopefully we'll have some more details we can share with everybody. >> [inaudible] >> i don't know. haven't gotten that far yet. [laughter] i just got through this one. i was thinking maybe three? does that work kind of good for folks and deadlines later today? hopefully within three hours we'll have some more information. >> [inaudible] >> you know, i don't know. they flew him. it may have been flight time, distance, i don't know. the trauma capability, i don't know to be honest with you. no idea. >> [inaudible] >> i'm not sure. i know uva has a helicopter. we don't have -- i don't know if they sent our med flight or not. i know they dispatched two helicopters to the residence, one for the son and one for the senator. but ford to fly a patient, they have to be stabilized and,

unfortunately, they could not stabilize the son well enough to fly him out and, unfortunately, he did pass away there at the scene. but they were able to fly the senator out, and they brought him here to uva. >> [inaudible] >> i don't know. not sure. >> [inaudible] >> i have no idea. >> just going back, you're not -- [inaudible] fatal wounds -- >> no. no. the motive and the actual sequence of events is the real crux and the focus of our information for our folks today. >> [inaudible] >> it's 26 vineyard drive, it's in the millboro development -- jenna: so this is the latest on a p developing story we just learned about about two hours ago. that is corrine geller, she's a spokeswoman for the state police there.

and here's what we do know, state senator creigh deedses, former candidate for governor, was taken to the hospital earlier this morning because of stab wounds. we just learned and had a confirmation there was some sort of incident inside his home this morning. his son did not survive. his son, apparently -- let's just be careful about the details of exactly what happened. we don't know the sequence of events, exactly what caused the death of the son, but the son did not survive, and now there's questions of what actually transpired inside the home x that's one of the things this spokeswoman was alluding to, trying to figure out the timeline. they received an emergency call just after 7:00 this morning, and creigh deeds was then, it sounded like, flown to a hospital in critical condition. jon: one of my sisters used to live in bath county, and a more peaceful and bucolic place you could not imagine. there's not a stoplight this that entire county, and creeg deeds a very popular politician

in virginia. when he ran for attorney general back in 2005, two million votes cast, and he lost to bob mcdonnell by just about 400 votes. jenna: wow. we'll bring you updates as soon as we get it. be right back with more "happening now." the day we rescued riley was a truly amazing day. he was a matted mess in a small cage. so that was our first task, was getting him to wellness. without angie's list, i don't know if we could have found all the services we needed for our riley. from contractors and doctors to dog sitters and landscapers, you can find it all on angie's list. we found riley at the shelter, and found everything he needed at angie's list. join today at angieslist.com

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jon: an update to a story we brought you yesterday. google is responding to a request from a father after an image of his dead teenager showed up on its satellite image software. patti ann brown is live in our new york newsroom with more. >> reporter: jose baa area rah's son kevin was shot to death in 2009, and as we reported yesterday, last week the california father was looking at google maps when he spotted the satellite image of his son's body. the 14-year-old could be seen lying on the ground near railroad tracks surrounded by a shawl group of people and a

police car. we are not showing the image. google maps says it cannot control what it captures when its satellite shoots aerial images, but the company is taking action to remove this shot. google maps sent a statement to fox news saying, quote: >> r eporter: google says it will take about eight days to replace this image. jon: that certainly is good news for that father. thank you. jenna: today marks the 150th anniversary of the gettysburg address when president lincoln heralded a new birth of freedom this the united states. you're seeing video of the ceremonies commemorating this enduring speech. among those not attending however, is the man from the land of lincoln, president barack obama, and our next guest says his absence may be for the

best. a foreign affairs columnist for "the wall street journal", good day to read the speech and remember all of the words that are part of it. president obama's not the first president not to attend this ceremony, though, why do you think it's a big deal whether or not he's there or not? >> well, this is a president who very much and very self-consciously was walking in the footsteps of abraham lincoln, you know? he declared his candidacy from the steps of the old capitol building in springfield when he took his ride on his way to his inauguration, he took the same route as president lincoln. he twice score swore his oath of office on the lincoln bible, and a lot of his admirers have said he is the second coming of lincoln because his oratory so great, his channelings so immense -- challenges so immense. i think in some ways it's a good thing he isn't there because we're beginning -- not just

those of us who are his long critics, but some of his friends -- beginning to see what kind of distance separates a great president like lincoln from a very mediocre one like our current one. jenna: is it too soon to say something like that when we're only a couple weeks past his major legislation? >> you know, people have been talking about this as a katrina moment politically for the president. i don't think that's the right analogy. katrina was an act of nature that overwhelmed a city and showcased a government that was unable to respond. this is more like politically speaking an iraq thing. the blows are going to be coming again and again for a presidency that thinks, oh, if we just get past this web site or this moment in time, everyone is going to love the system. so the obamacare political disaster -- and liberals are becoming wise to this -- is going to stretch out through the next election cycle and the one after that. jenna: but is it just as big of a moment for all involved in

politics right now? not just the democrats, but also conservatives and what they do in this moment in our history? >> you know, it's a great question because i think a lot of conservatives are thinking maybe we should just be sitting back and just watching this train wreck like, you know, spend our time rubber necking all the way to the 2014 and 2016 elections as the democrats self-destruct. i don't think the republicans can do that. i think they need to start talking about viable alternatives to supplement or replace obamacare. if they don't do that, people are going to say, well, what's the republican plan. jenna: big question, here we are 150 years after this moment in our history, is it the moments that define the president, or is it the man himself that does that for our history? when you really look back on these defining moments in our country, what do you think it really is? >> it's the political trajectory, you know? when president lincoln came to office, it was obviously an immensely divided country. not just secession, but also

divided within the north. his secretary of war called lincoln the original gorilla. they hated lincoln. and he kept impressing them with battle after battle, decision after decision, speech after speech so that shortly after e died, grant was called lincoln incontest my the greatest man i've ever known. obama's political trajectory is exactly the reverse. he was being celebrated as the second coming of abraham lincoln, and now he's looking like the second coming of jimmy carter. jenna: what do you think the next 150 years looks like? >> this country has an enormous capacity for political and moral and economic self-renewal that no other country has. jenna: that moment in time proves your point. disinteresting, -- interesting, thank you very much. jon: new charges facing the utah doctor convicted of murdering his own wife. now he's facing trial on charges of sexual abuse. our legal panel breaks down the details and debates what is in

store for dr. martin mcneil. plus, the chaotic health care rollout continues to hurt the president according to a new poll released today. ed henry breaking down the numbers for us. see, i knew tes breaking down numbers. that's ahead. n my mood. that's when i talked with my doctor. he gave me some blood tests... showed it was low t. that's it. it was a number. [ male announcer ] today, men with low t have androgel 1.62% testosterone gel. the #1 prescribed topical testosterone replacement therapy increases testosterone when used daily. women and children should avoid contact with applicati sites. discontinue andgel and call your doctor if you see unexpected signs of early puberty in a child, or signs in a woman, which may include changes in body hair or a large increase in acne, possibly due to accidental exposure. men with bt cancer or who have or might have prostate cancer, and women who are or may become pregnant or are breast-feeding, should not use androgel. serious side effects include worsening of an enlarged prostate, possible increased risk of prostate cancer,

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jon: fox news alert, taking you live to up switch, massachusetts, a frantic rescue effort underway there. some kind of a trench collapse, trapped a worker we understand.

no word on his injuries or badly she might be. but a live pictures show you. no word what kind of construction project underway but some kind of an excavation project was in the works when it collapsed, trapping one construction worker. they have rescue crews on the way. when we get more information about how the person is doing and how the rescue goes we'll bring it to you live. >> we have brand new poll numbers showing even more disapproval of the health care law. chief white house correspondent that he had henry is with more on this. >> reporter: good to see you, jenna. the president walked into the briefing room that said had a lot of work to regain the trust of the american people he wasn't kidding this is "washington post/abc news poll", look in terms of president handling of implementation of the health care law. 63% disapproving. only 33% approving.

on his broader job approval rating in this poll, it is the lowest of his presidency. that is why republicans on capitol hill this morning like eric cantor were saying that basically this is now eroded the trust of the american people had in the president. it will impact not just the health care law but the rest of his agenda. take a listen. >> the president broke a major promise to the american people. and now it is hard for them to trust any assurances under this law. we've heard the president say that he didn't know about the problems with the website, but yet a report has just come out to say that there were warning signs throughout the white house from a report back in march, there would be a problem. with the rollout of this health care law. >> reporter: you also remember yesterday jay carney here at the podium got a lot of questions about a "washington post" report saying that the administration's new goal is just among online users to get 80% of them to actually be able to enroll which

raised a lot of sharp questions about whether they're lowering expectations for this health care law. jay pushing back by saying in part people who go online can't complete the process can do it by phone, do it by mail. there are other avenues to try and complete enrollment. democrats like xavier becerra, moments ago on capitol hill saying in the long run the democrats still think the law will work. take a listen. >> we're trying to encourage folks to use every means possible. most americans will tell you, they want to fix the website because they want to get the health insurance and join ranks of those of us who have had quality, affordable health insurance for quite some time. >> reporter: but you heard eric cantor a moment ago mention that report about back in march there were warning signs that the website might not work. that is the source of that congressional hearing. republicans are leaning on capitol hill. there will be a lot of questions for jay carney in moments about the daily briefing about who knew what when around here. jenna.

jenna: we'll watch for headlines from that. ed, thank you. jon: more legal trouble for convicted murderer martin mcneil. the utah doctor found guilty of drowning and drugging his wife in 2007 so he could continue an affair. now mcneil faces another trial in the next few months. on charges that he sexually abused one of his daughters. fair and balanced look at this case, brian claypool, criminal defense attorney and anna yun, former prosecutor as well. it is strange to a lot of people this guy has just been convicted, he is going away for life on the murder charge. why bring up another charge, anna? >> right. jon, i think that is an excellent point. keep in mind prosecutors have to search for justice not just for one victim but all victims involved. they sought justice for michelle macneil. they obtained that and now they're trying to obtain justice for jenna summers. they're facing criticism because

the taxpayers have to pay for the trial. the prosecutor has to doduty if they prove they can prove a case beyond a reasonable doubt under they have ethical duty to do so and they have to champion the victim's rights. >> most people agree, but this case was looked at when the daughter first brought charges against her father back in 2007 and ultimately they decided not to file charges. why file them now? >> jon, this is a classic case what i call the o.j. simpson hangover effect, part three. part two, by the way was george zimmerman arrest yesterday. part three now is dr. macneil. what i mean by that is, here is a gentleman back in 2007 allegedly killed his wife. the prosecutor at the tile wasn't sure they would be able to prosecute him and get a murder conviction. so they filed child abuse charges. then they dropped the charges. they didn't do anything for two years. now all of a sudden they're going to prosecute

dr. macneil? they need to drop these charges for a couple reasons. they already got their guilty verdict. so their motive is highly suspect. number two, jon there is no new evidence from 2007 when they decided not to prosecute macneil until now. i'm one of the lead lawyers on the child abuse case in l.a. and you need actual evidence. in that case a teacher pled guilty because there were photographs, for example, of the children being abused and there was physical and dna evidence linking the teacher to the abused kids of the you don't have any of that here and you're going to prosecute dr. macneil now or waste taxpayers money? jon: alex sis summers is dr. macneil's daughter. she is the one who filed the police report saying that her father, you know, groped her and fondled her while she was sleeping shortly after her mother died. she goes by summers now which, i recall is her mother's maiden name. she doesn't want anything to do with her father. how do we know, anna, that this

is not just some kind of a vengance case against the man she feels was responsible for her mother's death? >> well, jon, i think there's a lot of problem in the defense's case. specifically, dr. macneil allegedly admitted to this conduct to alexis. he apologized for this conduct. and even said i will drop custody, during their custody battle, i will drop custody if you're willing to certify a notarized document is a that's that you deny these sexual allegations actually took place. my understanding that alexis was sleeping in the room. he was not supposed to be in the room and she wakes up to him groping her buttocks and kissing her hand. often times sex crimes are difficult to prosecute because at end of the day there is no physical evidence to corroborate the victim's testimony. it will be a credibility contest between alexis summers and dr. macneil. dr. macneil doesn't have a actually track record from it comes to his veracity and

truthfulness. it will come down to her credibility and the battle of experts. he is claiming he was allegedly sleep walking during these alleged activities. jon: usually identity of victims of sex crimes is not reported but alexis summers has been quite public wanting this case prosecuted. brian to another case now. there are new reports that one of the stars hit vhi reality show, "mob wives", ordered armed thugs to abduct a man off a new york city street so she could shake him down for cash and jewelry, supposedly, she had given the guy $10,000 the story goes. he was supposed to get tickets to an nba all-star game and resell them and make a lot of money. how do you go about proveing a case like this, brian? >> thanks i didn't book my nba hotel room where this gentleman was supposed to reserve those rooms. i would have paid way too much.

but, look i think these charges ought to be dropped or at least they should be reduced. first of all you can't prove a kidnap, jon, in new york. i looked up the elements of kidnapping in new york. you have to abduct somebody for at least 12 hours. i think it was a short amount of time. less than an hour number one. number two, you have to transport the victim to another location. that never happened. if he was in the trunk of the car, the car didn't move. reality here is that if you get a jury, jon, of 12 normal folks out there, they could probably relate to miss rizzo. she gave this guy some money. he went and squandered it. he didn't give it back. she wants her money back and trying to get her money back. they could probably relate to that. i'm not condoning what she did but i think at end of the day, this guy is a thug anyway. he is a dirt bag. i has prior criminal record and he was kicked out of his apartment recently for not paying rent. he doesn't really have much of a -- jon: anna, shortly after this

incident, ramon ma rizzo sent out the tweet, when you steal or rob anyone make sure about that life, if not, get a real job. can that kind of thing be used against her. >> absolutely. it astound me people rely on social media thinking it would not be used against them in a court of law. when i was prosecutor i would scan the websites, myspace, facebook, twitter to see if i get incriminating evidence against the defendants. if she is prosecuted you definitely bet the prosecutor will use these tweets against her because these are admissions, if anything evidences her motive and intent. back to what brian was saying i understand this victim is not most likeable guy but you can't condone vigilante justice. you can't take matters into your own hands. there is processes to get your money back, as opposed to hiring a thug, to beat them up and kidnap them. jon: jenna tries to get me beat up every day. jenna: if you don't do that you don't make the cover of the

post. jon: anna, brian, thank you both. >> thanks, jon. >> a few big stories there. jon: that is quite a photo on the post. jenna: i am innocent. we're following other stories as well. investigation into the death of actress brittany murphy. more on that next.

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>> a big news day. >> sure is. >> we'll see george zimmerman in court in the next hour. we'll explain what that is all about here. >> right. plus we'll have all the latest information on whatever the tragedy that unfolded at creigh deeds's home this morning. thank you. >> it will be a hot hour. see you then. 1:00 here on hq. see you then. >> in the fox 411 today, stunning allegations about the death of a popular hollywood actress. toxicology reports now suggest that "clueless" star brittany murphy did not die of natural causes. she might have been poisoned. julie banderas joins us with the latest. >> this is years after her death.

she died in 2009 of the at the time of brittany murphy's death in 2009 the l.a. county coroner ruled the cause of the death of the 32-year-old was ammonia and anemia. now a new report that the coroner may have been gravely wrong. according to the examiner, an independent toxicology report was ordered by britney's father who spent years in litigation to retrieve samples of his daughter's hair, blood and tissue which he tested for heavy metals and toxins, a test the examiner claimed was never conducted by the los angeles core row another. the exam upper states that britney's father wanted testing based on the symptoms of britney and her husband, simon mon jack. he died from same causes five months later. high levels of heavy metals in rat poisons and insecticides, suggesting that britney and simon could have been murdered. we reached out to the l.a. county coroner's office and

according to the chief of operations the coroner has no plan to open the investigation into the deaths of miss murphy and mr. monjack and stands by our conclusions an opinion. the additional testing was conducted at the request of mr. berlotti we have not supporting documentation from any party and have not been able to review the information circulating around the media. her father said she was not anorexic or on drugs at the time she died. at the time of her death, he said i will not rest until the truth of about these tragic events are told. we reached out to the los angeles police department to find out whether they will reopen a investigation, criminal investigation. we're awasting word from them as we speak. jon: she and her husband -- >> dead five months apart. mice tear russly same stops and results found bit core rower's office. jon: weird story. >> very coincidental.

>> julie banderas thanks. >> sure. >> more on the story as we get it. scientists talking about sleep and its connection to a disorder that affects millions of americans. the doc is in next. maxwell is not. he's on geico.com setting up an appointment with an adjuster. ted is now on hold with his insurance company. maxwell is not and just confirmed a 5:30 time for tuesday. ted, is still waiting. yes! maxwell is out and about... with ted's now ex-girlfriend. wheeeee! whoo! later ted! online claims appointments. just a click away on geico.com. mayo? corn dogs? you are so outta here!

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jenna: good night's sleep certainly makes you feel better but scientists say curing insomnia can help fight depression. more than 18 million people struggle with depression and many also deal with insomnia. there is big question whether you need to treat the sleep before you treat the blues. dr. christopher winter who treats patients with sleep issues joins us to explain this. dr. winter, are there any telltale signs that you're actually sleep-deprived, not netsly depressed? >> i think if you're sleep-deprived the biggest thing you look for, excessive live sleepy. do you fall asleep during

meetings and struggle to stay awake riding in the car or listening in church. those are indications that you might not get enough sleep or sleep deprived. jenna: when you're treating patients with someone with sleep issues do you automatically look for depression? how closely linked are these two things? >> these are things we've seen in our patients for years. a sleep specialist will have a lot of depression in their clinic. this is something typically patients say a lot. doctor, i don't feel necessarily depressed. i feel like if i get my sleep under control my depression would be a whole lot better. so these studies coming out are really starting to validate patients who are saying these kind of claims. >> so one of the suggestions, again from some of the small studies are saying if we treat the sleep we get much better results from depression is something called talk therapy. what is talk therapy and how does it help for sleep? >> sure. 18 million americans suffer with depression almost half of them

have insomnia like you said. typically when we think about the treatment of depression we think about pills but really adding the insomnia therapy can be fantastically impressive in terms of results of treating depression. so when you look at talk therapy, we're talking about ways to treat insomnia that don't involve simply giving somebody a sleeping pill. it is working through individuals ideas and false impressions about what their sleep is and how it is working and trying to allow the patient not to simply try to sleep, which could for a lot of people can be the beginning of the end. cognitive behaviorial therapy or talk therapy is really what special specialists, insomnia specialists consider the gold standard for the treatment of insomnia. however in this country it racedally skewed towards medication. jenna: please go to sleep. please go to sleep. you can't make it happen. dr. winters, great to see you. look forward to having you back.

>> thank you. thank you. ♪ ho ho ho

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153 years since president lincoln gave the gettysburg address. >> check them out. fox news alert. we are waiting on details. virginia senator stabbed multiple times in his home in virginia. >> his son was found in the home and did not survive injuries. senator deeds was floun to the hospital. there is an investigation ongoing. our fox news team will have more. and more on the healthcare.gov was in absolute chaos months before the launch. i am bill hemmer. >> i am allyson