>> i thought you were kidding. >> by the way, don't miss tomorrow. laura ingraham is here. lou dobbs separately. >> and rita moreno. >> we'll see you in the after the show show. the boundaries of executive power. it's a big deal. hope you had a great weekend. i'm bill hemmer. welcome to "america's newsroom." martha: i'm martha maccallum. the judges are set to decide. since taking office in 2009, president obama has done this 32 times, acrowding congressional approval, doing oop pointments

while congress was out of time or not in session for the time-being. bill: jonah goldberg, "national review," fox news contributor. jonah, good morning to you. what specifically kicked off this case now? >> in 2012 president obama, we're not on the air. bill: yes, we are, jonah. keep going. >> we are on the air? i apologize. in 2012 president obama appointed some nominees to the national labor relations board and basically what he did was he did it when the senate was essentially in miniscule break. the senate was formally in session. the senate was in session to prevent the president from making these appointments. he basically declared unilaterally if there is slightest thing looks like a recess he can make appointments unilaterally. bill: you said what he did in 2012 was lawless. lawless. how so? >> first of all it is part of a larger pattern of this president

from unilateral actions on obamacare but the standards that he considered to be the law of the land himself when he was a senator and when harry reid was doing pro form ma sessions in the senate to block appointments he considered law of the land. like some other things with this president, when he became president of the united states he all of sudden took a different attitude. what was law of the land, what was accepted practices of the senate no longer apply. we have a lot of constitutional issues here but one of the most interesting ones the president is now saying that he gets to decide when the senate is in session which is violation of separation of executive powers. the president doesn't get to decide when the senate is in session. that is up to the senate itself. bill: are all presidents guilty of this to a degree or is this president more guilty if. >> all presidents are guilty to

a degree sometimes distinction of difference become distinctions of kind. president bush, basically what has been happening since president monroe is in office, what counts as a recess has been defined, down and down and down. each president is looking for holes in the legislative calendar to get his appointments in. what president obama basically said a bathroom break counts as a recess and he can put in who he wants. bill: if scotus, supreme court, if they rule in favor of, they rule in favor of the plaintiff in this case, does that recess the definition of executive powers not only for this president, jonah but for administrations in the future? >> it does in a certain way. it will have a big executive power and on legislative power. we've seen the power of the presidency grow enormously last 100, 150 years. certainly over the last 50

years. we have what a lot of people on the left and the right consider an imperial presidency. the senate historically and by the constitution, the text is very clear, the senate has advice of consent and president can only make appointment during recess. the text of recess is when the senate is out of session. if the supreme court upholds this the president basically gets to make appointments whenever the senate blinks or runs out of the room. bill: jonah, leading our coverage out of wash. it is a monday kick-started. good to see you there. >> great to be here. bill: good to have you. martha: fox news alert on the water contamination crisis going on in west virginia. nearly 300,000 people are going without clean water for five days, following a huge chemical spill in the river near where they live. they are using bottled water for drinking and washing and cooking now. the state's governor telling them that the water tests are,

quote, encouraging, but they did not offer anytime table when people might use their running water again. >> our team has been diligent in testing samples from about, from throughout the affected area. the numbers look good. like last night, they are very encouraging. i believe that we're at a point where we could say that we see light at the end of the tunnel. i ask all west beginnians to continue to be patient as we work to restore service to affected areas. martha: peter doocy is on this in washington. peter, how are the local businesses holding up? >> reporter: martha, some of the small businesses are having a hard time surviving on day five with no water. so the state might provide no or low interest loans to those businesses to help them stay afloat. >> might be in the terms of a no or small business loan or small

amounts of money because what's happening for this whole weekend, these last four days, you're not making any money but you still have bills to go out and you still have to pay those bills. >> reporter: the chemical that contaminated water supply in west virginia is so potent people are only able to flush their toilets with it right now. nobody is supposed to do laundry, which hits hospitals, restaurants, hotels especially hard. hand sanitizer and bottled water help some businesses keep their doors open. there still aren't too many people walk through the doors because a lot of important offices and resources remain shut down. martha: boy, what a situation. we'll do a legal discussion about all of this in a little while. so why is it taking so long to figure out, if the water is safe to use again, peter? >> reporter: because, martha, the chemical that leaked into the elk river dissolved. so it is tough to locate. only thing to really to do now is wait for it to flow out of the area. once officials determine that

the water is safe again, west virginians will have to take certain steps to protect their property before things get back to normal. martha: wow, what a situation, peter. >> communications will go out shortly to all county superintendents with protocol information for steps to flush systems, to steps to take in order to clean all equipment and appliances that may have been in contact with any contaminated water. >> reporter: when the time comes to give the green light that the water is okay there will be robo calls and interactive maps online. so far 10 people have been admitted to the hospital for exposure to the contaminated water but none of them are in serious condition. and more than one thousand people have called poison control but officials say those calls are coming in less and less. martha: well, we'll see. it is going to take a while for people to feel comfortable with this is my guess. we'll talk about it coming up. peter, thank you very much. bill: has to be running thin

down there. president obama saying nuclear iran deal will take effect next monday a week from today. iran is supposed to limit its nuclear activities in exchange for easing of economic sanctions. secretary of state john kerry calling this a milestone moment. >> as of that day, january 20th, the first time in almost a decade iran's nuclear program will not be able to advance. in fact parts of it will be rolled back while we start negotiating a comprehensive a aagreement to address the international community's concerns about iran's nuclear program. bill: in the meantime republican senator john barrasso leading the push to keep up the pressure on new sanctions. he is not alone too. a lot of democrats believe exactly what he's doing. this in the face of a white house veto threat. senator barrasso our guest in 21 minutes. martha: and a fox news alert

now. the credit card security breach we told you about over the holidays is now looking like it might be a lot bigger than originally thought. reports now at least five major stores, not just target were hacked. target was the first to make the disclosure back in early december. last week the company announced up to 110 million customers may have had their credit card information stolen while shopping over the holidays. now neiman marcus has confirmed up to a million of their customers may have had personal information compromised as well. charles payne from fox business network joins us now. this seems to be a worsening situation, charles? >> it really is and, martha, we've got to talk about target because the news broke with them first. initially we heard 40 million people. nothing sensitive was lost, not even pin numbers. then the number went to 70 million. now it is 110 million. we're talking about a third of the united states population. here's the thing, everyone has been sort of sanguine about this

up until now. with target, neiman marcus and three other targets out there, everyone is really concerned. when all information starts to leak out, more we put into cyberspace more vulnerable we become. people are starting to realize we have a serious problem here. martha: how do people figure out if their card was one of those? >> a lot of times banks will notify you. the neiman marcus thing, i had a card that was compromised august 9th. my bank called me nine days ago and told me they would send me a new card in the mail. this is nothing to news with the broke today. it was just a separate incident. so the problem sometime though if there is an investigation going they delay notification of customers and that could be crucial as well. martha: that is worrisome. charles, thank you very much. >> you got it. martha: see you soon. bill: feels like happening all the time, doesn't it? just about every week. martha: 10 million people? >> different place, different business. martha: we'll have embedded chip in your fingerprint when you buy

something, eye scans, something like that, right? bill: jam-packed show in a moment here. former defense secretary bob gates speaking out yet again on his bombshell book. president obama might say he supports the troops but -- >> it is one thing to tell the troops that you support them. it's another to work it, making them believe that you believe as president that their sacrifice is worth it. bill: there is lot more on that. analysis from jack keane. hear why gates says the time for that book is now. plus there's this. >> windows, no, look at that! martha: unbelievable. cameras rolling when highbinders sent those homes crashing down. we'll tell you what happened there. bill: a major mistake by an airline pilot, lands passengers at the wrong airport. somebody might need to learn how to read a map. that's a start. >> when we landed, we kind of

stopped abruptly. nobody really knew what was going on. they told as you couple minutes later that we had been landed, or we had landed at the wrong airport. the truck is everything. and when you put them in charge of making an unbeable truck, good things happen. this is the ram 1500. the 2014 motor trend truck of the year. ♪ and first ever back-to-back champion. guts. glory. ram.

martha: how about this one? a major mix-up after a plane lands at the wrong airport. the southwest airlines flight was supposed to land and missouri's branson airport. it touched down at another airport seven miles away with a runway half the size. passengers said they didn't know what to think. >> i was surprised when they came on the intercom and we're like, oh, we're at the wrong, not station, but airport and so i think it was kind of a shock to everybody and everyone was confused. they really haven't given us any details still. no one really knows what happened. if it was a mistake or something wrong with the plane or anything like that so we're kind of still unsure what happened. we're just glad to be back. martha: they're safe and on the

ground and but still in the dark on this. they're told the pilot had to stop short in order to avoid flying off the runway that was a lot shorter than the branson airport would have been. caused some passengers to bump their heads on the seats in fronts of them. still unclear what happened here. we'll have more coming up in the next hour. >> it is one thing to tell the troops that you support them. it's another to work it, making them belief that you believe, as president, that their sacrifices is worth it. that the cause is just. that what they are doing is important for the country. and, that they must succeed. president bush did that with the troops, when i was secretary. i did not see president obama do that. and i said, and i as i write in

the book, this absence of passion, absence of conviction of the importance of success that disturbed me. bill: bombshells from former defense secretary robert gates on how president obama viewed our troops behind closed doors. my next guest served undersecretary gates. he knows him well. retired general jack keane, four-star general, former vice chief of staff of the army and fox news military analyst and general, good morning to you. >> good morning to you, bill. bill: a lot of reaction to the phrase, the absence of passion, but he also began that statement it is one thing to tell the troops you support them. it is another working that making them belief what you believe. what do you think of that? >> quite a statement. first of all, bill, i worked for secretary gates on part-time board. i was part-time help not full-time help. the fact of the matter is

secretary gates came into office having to do two wars around. in doing so he found himself working for two presidents whose attitudes about war, bill were as different as political parties. president bush warranted to win, president obama, simply put, wanted to get out and that drives the attituded. those wars were something he doesn't want any part of. therefore president obama did not reflect the passion and commitment that he does about some other things that he is much more interested in, we see particularly on the domestic side. i'm convinced having read secretary gates' book from cover to cover, i think at times he was just seething because of this attitude reflected in his staff in micromanaging a war, misrepresenting the war effort, exaggerating mistakes and minimizing successes. and i think at times he probably felt rage about some of this. so that is why i think we have the book and why we have some of these strident comments in the

book. bill: fascinating response there. that earlier clip from "cbs this morning." here is more from cbs. >> you have to look at the entirety of the book and the fact that it deals with getting into wars, getting out of wars and frankly it seemed to me with the experience of, and perspective of working for eight presidents, and, and having been secretary for four 1/2 years, i didn't think that waiting until 2017 to weigh in on these issues and in a comprehensive and thoughtful way made any sense. bill: that goes to a point where many wondered why he speaks now. the reason he has a neck brace now, part of that interview was done i think best new year. he slipped and fell at his home in eastern washington state right around the new year but he said he did not feel it was important to wait until 2011 to

weigh in on these issues. that kind of goes back to the point you just made about festering inside of him and wanting to give a voice to his, to his concerns i would imagine. is that my read correct? >> yeah, i have the same interpretation. now that he can speak for himself and i think we're grateful to hear his motivation and in his own words but, you know one of the things that truly comes out in the book is that love for troops and personal responsibility for their safety. signing all their deployment orders and writing personal condolence notes to the families while looking at pictures and hometown news releases of the troops that were killed. he embraced the emotion of this war and personalized it to himself and didn't keep it at a distance. i think as a result of that part of the writing of the book is sort of a fulfillment of the responsibility to our troops and the sacrifice that is they made and he knows full well, bill,

that there's a year-and-a-half of decisions that this administration has to make on afghanistan and i'm convinced he believes that they are defeatists in the white house advising the president and they could make decisions similar to what they did in iraq and force the collapse of that country and he does not want that to happen in afghanistan. he doesn't say that but you can draw the implication of that why he is writing it now because he is still trying to influence as a result of what's in that book. bill: he also had choice words for joe biden, the vice president as well. jack keane, thank you for your time, sir. great to get your reaction. the general out of washington. tomorrow night robert gates is on with sean on "hannity", 10:00 eastern time. more then. martha. martha: thunderstorms packing wind that led to this. >> you see the windows -- whoa, no, look at that! martha: no match for mother nature. we'll tell you where that

happened. bill: also here's a bombshell yet. alex rodriguez taking a last swing trying to fight the year-long suspension as the man who dropped the dime on him goes public. >> he asked me to inject. >> you injected him? >> yes. >> personally? >> personally. gs accounts? that's right, no hidd fees. it's just that i'm worried about, you know, "hidden things." ok, why's that? well uhhh... surprise!!! um... well, it's true. at ally there are no hidden fees. not one. that's nice. no hidden fees, no worries. ally bank. your money needs an ally. because an empty pan is a blank canvas. [ woman #2 ] to share a moment. [ woman #3 ] to travel the world without leaving home. [ male announcer ] whatever the reason. whatever the dish. make it delicious with swanson.

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bill: severe weather across parts of north carolina over the weekend left this in its wake. >> the windows -- whoa, no, look at that! bill: that's, that's a moment where you say, we've got to start over. wow. hurricane-force wind sending a pair of unfinished condos to the ground. a neighbor capturing footage. thankfully no one hurt. the height of that storm, 46,000 without power. much of that has been restored. bill: better to collapse now than when you're living in it.

martha: new york yankees third baseman alex rodriguez taking the ruling that will force him to sit out at least 162 games to federal court now. lawyers for the slugger are expected to file papers today. major league baseball's star witness in the doping scandal, anthony bosch, talked to "60 minutes" last night and admitted personally injecting a-rod with banned substances. >> was rodriguez injecting himself with these substances? >> i would secure the needles. so at times he would ask me to inject. >> you have injected him? >> yes. >> personally? >> personally. martha: wow, bombshell. rick leventhal live from new york. bosch provide ad lot of detail last night, rick. >> reporter: he did, and made no apologies for providing players with performance-enhancing drugs and said if he didn't others would. when bosch's biogenesis clinic was goes exposed last summer, 14

players he was treeding were suspended for violating drug policy. everyone accepted their punishment except for rodriguez. they have thousands of pages of evidence between the doctor and player using code words to describe what drugs to take. bosch said he regularly drew a-rod's blood to help him beat doing tests including once in a popular mime beach hotel. >> so we ended drawing blood in the bath rooming of this one restaurant, slash bar slash club, in the bathroom stall, at 8:00 p.m. >> with the crowd there. >> with crowd there. >> people coming in and out of the men's room i take it and you're in a stall with alex rodriguez drawing his brood? >> yes. that's, crazy as that sounds. >> what were you thinking? >> i'm not getting paid enough. >> reporter: bosch told "60 minutes" a-rod's associates tried to bribe him to keep quiet. and then would pay him to leave the country and he said

indirectly threatened his life, martha. martha: wow, what a story. a-rod's lawyers are going to court about this. >> reporter: rodriguez is vehicling a federal judge to reverse baseball's ruling. we believe his lawyers may be downtown in federal court this morning. a-rod argues this was a vendetta against him by baseball commissioner bud selig lo is retiring. he is hoping that the fact he never failed his test along with bosch's checkered past will get him back on the field. this is live shot from the you courthouse. a-rod said i'm confident when a federal judge reviews entire record that the testimony of a criminal whose own record that he dealt drugs to minor and lack of credible evidence put forward by mlb that the panel blatantly ignored the law and facts and will overturn the suspension f this punishment holds it will cost him $25 million and will prevent him as bosch said was the ultimate goal of hitting 800 home runs. martha: incredible.

thank you very much. bill: jim gray will be up this hour. talk of the sports world. that "60 minutes" piece was very compelling. >> it sure was. very, very big stuff. we'll see where that goes. bill: indeed we will. how bad is the confusion on obamacare? a newspaper known to be very kind to the administration admitting it is a, mess. martha: plus the white house sticking up for iran in this case and fighting a senate bid to slap new sanctions on their nuclear program. we will speak with republican senator john barrasso, cosponsor of the new sanctions against iran bill, on the need to keep iran's feet to the fire. >> while implementation of this, this joint plan of action is obviously an important step, we are very clear eyed about the even greater challenges that we face in negotiating a comprehensive agreement.

bill: all right, fox news alert now. we are hearing that rockets have been fired not far from the burial ceremony of a legendary leader ariel sharon. we're working to get more information from our crew in israel as world leaders, including vice president joe biden, paying their respects to the former prime minister. a state funeral outside of israel's parliament building in jerusalem honoring him as a quote, statesman and soldier who dedicated his life to the survival of israel. charron's final resting place will be at his family ranch in southern israel. he died on saturday after more

than eight years in a coma. he was 85. martha: so the controversial deal on iran's nukes set to take effect one week from today but critics are saying that the white house gave up too much in this deal. and now the senate is pushing for even more sanctions against iran. the white house is pushing back on that. saying, quote, imposing additional sanctions now will only risk derailing our efforts to resolve this issue peacefully. i will veto any legislation enacting new sanctions during the negotiations. those are strong words from president obama on this. wyoming republican senator john barrasso is the cosponsor of this bill and he joins me now. senator, welcome, good to have you here. the president is in a tough spot on this, he went out there and john kerry went out there and negotiated what they thought was a really ground-breaking deal with iran that they feel will move forward the dialogue and

force iran to basically disas simple any nuclear efforts they have. you say absolutely not. >> i would say anybody that trusts iran hasn't really been paying attention for the last 30 years. they cheat, they lie and can not be trusted. it is sanctions, tough sanctions that drove iran to this point. and i think that relieving sanctions is a terrible mistake. so we have pa new sanctions bill in the senate. 59 cosponsors. it is obviously bipartisan and we can get to the 67 we need to override a presidential veto. martha: really. bob menendez is one of the senators against the president on this and you believe you have a veto-proof majority on this bill? >> we will get there, martha. just over the years with president obama he has opposed every sanction bill that we have brought from the senate. he argues, he lobbies against he it. one even passed 100 to nothing

and he goes kicking an screaming to put the sanctions in place. it is tough sanctions, martha, that actually caused iran to start to have these discussions. >> what additional sanctions would you like to see put in place? >> what we're saying give iran the six months that the president has asked for and give secretary kerry those opportunities but basically distrust and verify. so that if they don't comply with everything, six months to day sanctions go in place, tougher sanctions. not president saying if they're not complying we'll start talking again. i want iran to know what exactly will happen with them. martha: you want to link a stronger punishment to this plan. so the plan would go forward as executed. >> yes. and a tougher timeline. martha: yeah. >> because the president made his announcement in november that things were starting. now we see, no, the six months isn't going to start until

january 20th. iran, they are masters at delay and deception and i think we need to just do more. martha: obviously the white house will want nothing to do with this. you say, you can get awe number that would allow, force the president not to have a veto here. but they see this as a tremendous legacy issue for him. that he has brought iran to the table. and that we're going to start discussing, dismantling of this program. john kerry really laid his heart and soul into 24 as well. how is that going to work out? >> i visited secretary kerry about that in israel a week ago. i think he is, he knows that iran can't be trusted. the president said it is just a 50, 50 chance of working out. i don't know if it is even that good but that is why i want these sanctions to go into is immediately if iran doesn't comply. the world needs to know that. iran needs to know that i think that is the best way to protect

us. iran is already using the agreement to their own advantage. they are continuing to do research and development on centrifuges, a new generation, which can spin faster. martha: there are no signs of halting their progress. you were just in israel. you spoke with benjamin netanyahu. what is his take on the president at this point and this deal? >> it seems that the relationship between israel and the american president is more rocky than anytime over the past 35 years. you know, obviously people around the world are worried about a nuclear-armed iran and it just seems that the president is less committed to be real clear on his concerns. i just think that the president's too willing to try to give away things that he shouldn't. martha: naive? >> that is one way to put it. you have to just take a look to see what iran has been doing other last 30 years they can't

be trusted. this agreement does nothing about weaponnization, about warheads. i think it allows iran to get away with much too much. i think it gives up much to too much with the sanctions that drove them to the table in the first place. they will have six or 7 billion, more dollars in relief to sanctions. i think it is giving away too much. martha: tense situation from the white house. we'll see how the vote goes. good to see you in new york. thanks for coming by. bill: frequent flyer behind that senator. nfl playoff action it full swing over the weekend. starting in caroline, nfc. panthers hosted 49ers. colin kaepernick came to play. second toughdown of the day, stealing cam newton's superman celebration. 49ers win 23-10 the final there. second game, denver broncos hosting san diego. first half denver hosting

san diego and company. broncos hold on to win 24-17. denver advances. that sets us up for championship sunday. seattle seahawks host the 49ers in the nfc. tom brady and the new englando d broncos. martha: again. bill: winners come to new york city for the super bowl. martha: who will it be? bill: not sure. tell you in a moment. listen to this first. >> lynch in the backfield. give it to marshon. lynch in for the touchdown. bill: ready for this, mack kallum. martha: yes. bill: that caused the seahawks crowd to cause an actual earthquake. fans were so loud it registered on all three size mom terse set up by the university of washington nearby. that is the 12th man. that is crazy. martha: they are the loudest fans in the nfl. they can shout and cheer in seattle. bill: they can. have you thought about this yet?

>> my take extremely scientific. i have to look at all the numbers. go through records of every player. check my fantasy football stats. go with the patriots and seattle. bill: right on. you know what i'm growing to do? i'm going to flip a coin. >> just like you, not to look into any of the stats at all. bill: you know, i will give you a full evaluation throughout the week and. martha: all right. bill: before sunday. >> it will be fun. so with the new year well underway, how has obamacare been working for you? we revisit this now. why "the new york times" says the scene at the doctor's office is a mess. bill: a daring rescue from the freezing waters of the chicago river. how this turned out. >> we heard a yell of help, you know. i didn't, couldn't believe it, you no? we decided to keep walking this way and as we got closer he heard it again. i heard it again too. and as we got closer, we yelled out, where you at?

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martha: one man died and a woman is presumed dead, a third man was hospitalized after they ended up in the chicago river early this morning. one of the men dropped his phone and fell in when he jumped after it. the two people with the man lunged in after him. what an awful story this is. both men were pulled from the water. the man who dropped his phone died. the other is in stable condition at a area hospital. a witness described the scene. >> telling me who, you know, who is he with? was anyone with him? he had a friend he was holding on to. there was a girlfriend that fell in the water, that was under the water. but he couldn't find her. so i kept telling him we would call the police. and, man, just crazy. i don't know what to tell you know? it was like, i mean, i never got into anything like this before. martha: what a tragedy. the fire department divers rotated in and out of the water in their search for the women.

she is missing still and presumed dead. bill: new trouble for obamacare as confusion grows whether or not people have insurance and now "the new york times," which has been a strong supporter of the law, acknowledging this on saturday, quote, enrollees at health exchanges face struggle to prove coverage. kirsten powers, columnist "daily beast", fox news contributor, tony sayegh, republican political analyst and national political correspondent for talk radio news service and fox news contributor. how are you guys doing? good monday morning. all right, is there a surprise in this or did you expect this? >> look this is something we've been participating because lack of number one because of lack of preparation forethe obamacare website people were not able to sign up, particularly early on when it was released october 1st. number two as we learned the president's promise you could keep your plan if you like it was not true. five to 15 million people have

lost their individual health insurance policies. they're forced to come on the website which wasn't red ready. the majority traffic occurs basically last week of december, almost a million people tried to sign up. and now the administration even concedes they can't verify these people are even enrolled. if they are enrolled in what plan. doctors in the networks that provide health insurance are admitting we don't know what networks we're in and what we'll get reimbursed for when a patient comes to see us. government says, well, we'll figure it out after that, treat the patient, accept insurance and figure out the bill and we'll pay you later. it is mass confusion. it is not partisan. it is that the law is not workings and implementation is a mess. bill: "new york times," colon, obamacare made health care system a mess in 2014. get to that in a moment. i want kirsten to weigh in first. go. >> "new york times" reported people are showing up to the doctor's offices, some of them

have their insurance cards but it is not going through on the doctors office and they have people from the doctors offices saying they're sending inordinant amount of time on the phone trying to verify people actually are insured. you know, these are people who were insured before a lot of them and no longer know if they have insurance. this is obviously terrible and inexcusable. it is, there is just a lot of dysfunction and there is no reason they shouldn't be able to verify that you have insurance. bill: both of you, i mean it should be done, you're exactly right about that both of you are speaking from the same voice. from the article this is what it said, patients are also have investigation a hard time figuring out whether particular doctors are affiliated with their health insurance plan. doctors often don't know if they're in network for providers for plans on the exchange. quoting, tony, the system was not built to handle this kind of glut of new patients. >> which is amazing to hear

three times the amount of people who actually enrolled obamacare via the website portal actually enrolled. you have close to 1.5 million. this is the actual issue, once the dust settles will even become worse than the reality we have today, which is narrowing of networks that will force patients who had relationships with their doctor into plans which their doctors are not a part of. this is why the evolving issues of obamacare have hardly even begun. 2014 can prove to be an even worse year, if you believe it, bill, for the law than 2013 particularly when you have the expiration of the employer mandate where now employers will have to figure out do we pay higher premiums or bail out. bill: that is coming next. kirsten, quickly in the 30 seconds i have left. so many warned us about this in december. it was rare we ever did a segment where this point did not come up from a doctor or somebody in the health care industry. go. >> right. there is no way to defend this.

you know they have to, i think the problem was by the time they figured this out in december, they would not have enough time to fix it, which is probably why the deadline should have been extended even farther than they were because you can't have people who need health care and are going in to see their doctors and you know the cost of most of these procedures are outside of what a person can pay for. you know, there is woman in the story having to pay for her own ultrasound. that is not a minor procedure to be paying for out-of-pocket. bill: you're right. listen, more on this, okay, to be continued. kirsten, thank you, and tony, thank you as well. we'll be diving deeper into this in the days and weeks to come. thanks to both of you. martha, what's next? martha: new details on the scandal surrounding new jersey governor chris christie. now subpoenas may come to his top aides. we have the details. we'll tell you what is going on with that i don't use super poligrip for hold because my dentures fit well.

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at a company that's bringing media and technology together. next is every second of nbcuniversal's coverage 0f the 2014 olympic winter games. it's connecting over one million low-income americans to broadband internet at home. it's a place named one america's most veteran friendly employers. next is information and entertainment in ways you never thought possible. welcome to what's next. comcastnbcuniversal.

martha: america's founders of course wanted to secure the blessings of liberty to ourselves and our posterity and in the constitution that is stated very clearly but now a federal judge is allowing so-called constitution-free zones near the border. what's that about? william la jeunesse is live in los angeles with more on that this morning. good morning, william. >> reporter: well, martha, the fourth amendment prohibits unreasonable searches and yet when you cross the border customs can open your trunk. the question should it also have the right to inspect your laptop or cell phone, not just there, but far from any border? the administration says yes. >> a knew my rights had been violate and i would need some help. >> reporter: this islamic study student was returning to new york from canada and a

customs official asked to see the his laptop which included photos of hamas immigration rally in the middle east. >> i explained to the immigration officer i had the photos this was my research. >> reporter: he was cuffed and held for hours while the computer was searched for 11 days. >> the aclu doesn't oppose searching of laptops and other electronic voices at the border. we think when some government examines the contents of someone's electronic devices they have to have reasonable suspicion. >> reporter: but they don't, whether a port of entry in arizona or customs in los angeles. customs has the right to look at your bag, computer, cell phone or camera. supreme court consistently held that border officers can search without suspicion for routine searches. >> reporter: they argue that the they are essentialality for public safety and they agreed

and dismissed his claim. >> having suspicious policy because it leaves border agents with no standards to follow. >> reporter: the aclu may appeal the case but many believe the high court will intervene with reconcile old laws with newer technology. >> where the courts and i think the political authorities need to think through is trying to find what is the right balance between achieving that security and respecting people's privacy and civil liberties. >> reporter: so critics say this expansion of search powers is typical of the administration's dragnet approach, martha, to national security. they want the courts to impose restrictions to protect privacy. martha: a lot of very interesting questions. william, thank you very much. we'll see you next time. bill: former secretary of defense bob gates says the president lacked passion pour military issues except for one issue. the only time bob gates saw the president, he said, get fired up over our armed forces. that's next top of the hour.

>> we start with breaking news. the supreme court is declining to hear the appeal on the arizona law that restricted abortions past 20 weeks. the supreme court will not pick it up and it means the abortion ban in arizona is not the case anymore. we will get more on that coming up. and we are hearing from robert gates as his book is about the hit the shelves. he says the only time he saw

passion with obama and the military was when it came to getting rid of don't ask don't tell. >> gates is hitting obama pretty hard saying quote the only think apart from the wikileaks was don't ask don't tell. changing the law seemed to be the next step in the civil rights movement. he was passionate about health care reform as well but i was not present for that. he was in the president's war cabinet for years. >> that is right. good to see you, bill. you can tell when you read the book and go beyond what is out there is that secretary gates reveals the transition document when they were saying the key

was to show the world that the incoming president wanted to win in afghanistan. but overtime gates says there was no passion to back it up and get behind the strategy to win. gates was pressed today on the today show on why he didn't speak out sooner about the lack of passion. >> i talked to his chief of staff about the need for the president to take owner ship of the war and talked to the president about needing to speak about about the importance of war. >> gates is standing by the thrust of the criticize he thinks the president wasn't

fully behind the strategy. >> how was the white house defending him? >> you saw robert gibbs saying the president did the right thing by surging more troops to afghanistan in late 2009. but then he said the focus is what the america people want right now which is to get the troops out of afghanistan. >> obama was and i assume continues to be unsure of the military's ability to solve the problems in afghanistan. >> the administration was dealing with these revelations when the details of the book started leaking out. they are hoping to turn the page on it, but with the media tour

starting, they are likely to face more. >> let's bring in someone who served side by side with gates. former deputy assistance of secretary of defense in the regan administration, kt. when you hear gates say there only issues the president was passionate about was when there were leaks and with don't ask don't tell -- those are the only two things. what do you think about that? >> gates have been in the meetings for 40 years with republicans and democrats. he has been through other wars. so when he says something like

that, that the president didn't believe in the cause, or didn't think the mission could succeed, but was willing to send them for to a war they didn't think they could win. i understand the president reviewing thing and not believing what he is getting from the military, fine. but why send the troops if the president didn't believe in the war. gates is sending a message and he is saying this president wanted to get out of these two wars without the matter of loosing. >> mine my goes to why the surge. afghanistan is a complicated situation. i think if the president thought

the was another way to deal with the problem, why send one more human being over there if in your hearts of hearts you think they could be killed or for nothing. >> gates talks about the memos going back and forth and obama wanted to win in afghanistan. but now we realize a lot of people are a typical anti-war, far left liberal. he was willing to send men and women into harm's way to bleed and die for a cause he didn't believe in. >> leaves people with a lot to think about. >> what do you think? was gates right to write the

book? send us a tweet this morning and we will share your thoughts later in the program. it is true that every interview has has done, he is making news. and i expect more when he is here on hannity. >> there is work left to be done in the work with afghanistan and perhaps it could be forcible and make some of the losses for something. we will see. >> seven minutes past. a push to extend unemployment benefits are hitting a new road belong. harry reid is refusing to consider reforms to offset the cost. do republicans think senator reid is going to consider this?

>> republicans say no. they say if he was serious, he would be working with the six who voted on a procedureal vote. here is a leading republican senator on the need for amendments. >> this system needs to be fixed, reviewed and paid for. if we could have open debates and amendments maybe we could make it better in the long run. >> there is a serious lack of trust in the united states senate. a lot of republicans say they may think harry reid will pick a couple amendments just to see he considered them. >> what is the latest on this? >> sources say they may consider some republican amendments.

harry reid has said the republican colleagues need to consider picking thing that will pass the senate. senator reid said he is willing to consider a reasonable number of amendments but there is a lack of trust in the senate. >> the push to force people who receive food stamps to go to work. the rule would apply only to adults in good health. >> excluded children, excluded the disabled, and seniors. they need to work, train for work, or volunteer.

over 80% of america agrees with that. it only applies to the able-bodied individuals with doubt dependence. >> the number of people on food stamps has exploded to a record 47 million people and cost more than $80 billion. >> something like 18 million in five years. some republicans are defending christy over the bridge scandal. a bridge too far or far from over? >> and a multi-million mansion goes up in flames. the mistake that may have made the difference to the crews getting to the house in time.

>> landing at the wrong airport? >> he said what is going on? >> and they said we landed at the wrong airport. here we are in dallas. taking care of it. it was a long flight. and everyone was reasonable and okay. okay. is how he puts it to work for his clients. morning. morning. thanks for meeting so early. co on in. [ male annncer ] it's how edward jones makes sense of investing. kand i don't have time foris morunreliable companies.bs angie's list definitely saves me time and money. for over 18 years we've helped people take care of the things that matter most. join today.

>> charred remains left of a family's dream home in cincinnati after a massive weekend fire. a multi-million mansion destroyed. the confusion over the address and the fire hydrant didn't provide enough to fight the flames.

sprinklers would have helped. >> this house wasn't sprinkled. >> even the family dogs were out okay. no one was home at the time of the fire. >> we are learning subpoenas are expected for the top aids on the christy board. republican leaders are coming to his defense. >> they are for giving when you take action and say sorry. christy stood there for 11 minutes in an open talk with the

press. only with the obama would give us 11 seconds. christy has been totally open here. >> brett is here. good morning. >> good morning >> how is this looking to you? >> it is looking to me as if everything we don't know about this case we will know. the subpoenas were inevitable. it is possible that senior christy's aids testify in the case will invoke their fifth amendment right which wouldn't be pretty and block the legislative committee from finding out. but some day we will feel like we know the answers to what he knew and when.

if the answer is he knew more than what he said he is probably finished as a politician. if not he is blemished but lives another day. >> what about issues people would like to know more about? the networks spent a lot of time on christy but precious time on others. >> journalist don't sit down as a group or individually and say how can we help the democrats or hurt christy. journalist look at a story and if it is someone they don't care for when they slip up they look at it like a bigger story. if you are in the media capital

of new york where this was a nearby event it seems even bigger. we have all a more intensive look at this than perhaps we had -- although a bit of coverage about the irs case. and now it is devoted to poking fun or at least not taking seriously what isa and his committee are doing. >> let's talk about the hilary clinton's enemies list. what is your take on it? >> just to ample about it is a track of which members of congress supported or endorsed her, which didn't, which were

considered to have betrayed her. there is not a lot of hillary. it is mostly about her aids. which raises the question of whether christy did it or fostered a climate where it could occur. this isn't a pretty thing when you have well-known members of the senate and the list. >> we have pictures of people who ended up on the list. i am cynical, but this doesn't surprise me the staffers are keeping close tabs on who supported and who didn't. hillary thought all of the people why supported over the years would rally and they began to peal off and run to the other side that looked like they had a good chance. >> it is perfectly sensible if

you are seeking congressional endorsement that you keep track of where they as you try to generate strategy. but after the fact if you are keeping a list still and bitter talk about who betrayed you, you have a question about how ugly it is over there. >> people passing in the halls of congress and there is a number attached to their head which is fascinating if not unethical. >> confusion in the cock pit. a southwest airlines flight went as planned until it touches

down. >> it was a normal flight and regularly skilled pilot except landing at the wrong airport. >> the latest on how and why the plane didn't reach the intended destinati destination. >> and who did you believe? one of the grit est players in basketball -- baseball -- accused of cheating. accused of cheating. ♪ ho ho ho -- greatest --al not all food choices add up. some are giant. some not so giant. when managing your weight, bigger is always better. ♪ ho ho ho ♪ green giant my feet felt so heavy at the they used to get really tired. ♪ ho ho ho until i started gellin'. i got dr. scholl's massaging gel insoles. when they're in my shoes, my feet and legs feel less tired. it's like lking on a wave.

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wrong airport. supposed to land in branson, missouri but landed about seven miles away. gary is live from chicago. what happened? >> the passenger say this seemed like any other flight until they landed and the captain told them they were at the wrong airport. instead of landing at branson. 4030 arrived about seven miles away at another airport in branson. the smaller airport wasn't opened at the time but serves private planes. its runways are half as long. passenger say they could hear the planes brakes squealing. >> hard to imagine they didn't know they should not have been

there because there is not another plane in site. >> i thought the landing was bumpy but we were pushed forward and almost hit our head but other than that i was surprised when they said we are at the wrong airport on the intercom. >> passengers were shuttled to the branson airport. southwest hasn't said how this happened, but the faa is still investigating this. >> how about gps? should we be concerned about this? >> luckily, nothing bad happened, but it could have been worse. the longest runway at the airport is about 4,340 feet

shorter. so if the weather wasn't good or there was another plane on runway things could have been bad. >> hundreds of thousands of people in one state cannot drink the water from their faucet, bathe, brush their teeth, or do laundry. >> and sneak peek at the new ford f-150. more on the bold move for one of america's best-selling and most enduring vehicles that might be ford's biggest gamble yet. ford's biggest gamble yet. i'm beth... and i'm michelle. and we own the paper cottage.

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>> we have a fox news alert. oral arguments are underway in the supreme court considering a dispute over recess appointments. the legal battle is the 1st time in the nation's history the court will consider when a president can make a recess appointment. three federal appeal courts said the president overstepped this

authority because the senate wasn't in the recess at the time. we will keep on it. interesting case. >> bomb shot allegations against alex rodriguez. the main fellow against him that made claims in the doping scandal. when asked if bosh urged a-rod not to break the rules. >> my approach was you are going to do this, let me show you how and agitate you. and let's do it the right way and not get caught. >> jim gray saw the piece and is here to talk more about it. good morning to you. these are strong allegations.

>> good morning, bill. >> how good of a witness do you think bosh was in the interview? >> we have gone beyond allegations, they have actual evidence. major league baseball has shown most of this, not all of the evidence, but i believed him. >> he assume he is telling the truth. is he? >> that is impossible to know. we don't know the agenda. but it occurred he was going to be in trouble. but he is cooperating and paid the $125,000. it doesn't look for good baseball, but much worse for

alex rodriguez. >> he drew the blood in the bathroom of a restaurant/club in the bathroom stall at 8 p.m. >> with the crowd there? people coming in and out and you are in a stall with alex rodriguez drawing his blood? >> yes. as crazy as that sounds. >> what were you thinking? >> i am not getting paid enough. >> the lawyers for rodriguez said this earlier: every mlb player and fan should not only be disgusted by the salem witch display but what it means for the distraction and damage this causes to the game. rodriguez has fought everyt he ? >> of course he will.

but i don't think he is going to be successful. the courts don't want to get involved particularly when collective bargaining is the means of arbitration. rodriguez had the opportunity to testify in front of major league baseball. he wanted to testify in front of the commissioner and no one gets that opportunity. he wanted special treatment. he could have gotten the story out. he got a reduction to 160 games from 211. but he is 40 in july of the year he comes back and difficult to continue the career. he is not going to give up the pay. >> here is one more comment and then i will ask you a specific

question. >> was rodriguez injecting himself with these? >> alex of is scared of needles. so he would ask me to inject. >> you have injected him? >> yes. >> and he alleges he took an oral testostrone before the game that was in the form of chewing gum or a sunflower seed. does that exist? if you look at any dugout in major league baseball they are all chewing on something. >> i have heard of lozenges before so it is in and out of your system. so if they can do it in a

lozenge you can do it in chewing gum. >> did you believe a-rod will play again? >> i do. the yankees will have no choice but the pay them and settle it. he had an opportunity to walk away put he elected not to. >> jim gray, thank you very much. i guess there is going to be another story soon. new fall out from the legalization of recreational marijuana. state officials are pushing the justice department to gave banks from accepting the sales. marijuana sales are outlawed under the federal law. shops are getting one million in revenue every single business

day. many are left with cash and nowhere to put it. the drug dealers have had that problem for years. >> nfl commissioner was asked over the weekend if he would consider medicinal use of marijuana for players that are injured and he said he would consider it. >> that would make for interesting games. >> and post-games. hundreds of thousands cooking in washington and brushing with bottled water for five straight days and it isn't over. do the folks have a legal case? >> and high the extra cup of coffee could boost your brain power. >> i like to hear that.

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>> if you drink coffee, listen up. they are suggesting that caffeine boosts your memory. the authors say the people that don't drink coffee regularly showed the best results. moderation is key as it can have negative empatimpacts on being jitte jittery. >> this is a terrible situation. they have had five straight days with zero running water. think about that in your community. that is the scene in west virginia after a chemical spill is leaving hundreds of thousands washing and cooking with bottled water. no shower or laundry. the water is getting cleaning

test are showing. chemicals below toxic levels. questions continue to boil over how this happened. >> it as a huge challenge. and hard to maintain being nnor living. >> we are trying to make the best of it, but it is starting to wear thin. the adventure is wearing off. >> we have a prosecutor for a defense attorney here. what do you think happened here? >> there is about 7500 gallons that leaked into the elk river and that knows into the ohio river. they had a toxic drug that dissolves into the water.

it causes a stir and people cannot drink the water >> do you see lawsuits here? >> yeah, i do. we take water for granted. this is a serious problem. you don't have water. as far as lawsuits, six have been filled. one is a class action. the theory is negligence first. the defense is no, it was an accident. but as richard and i were discussing you have strict liability. >> ten people hospitalized so far. nothing serious as far as we know. businesses in the area are claiming they have lost their

option of being open. >> if you cannot wash your plates with running water they have to shutdown. and on the other side, there has been no one who has been injured and there is causation issues. >> it could be a long-term issues. >> could be. but that is an issue of proof. >> we separate out it is terrible and terrible. but you have to root it in legal liability. and strict liability is going to be what wins here. you will see fines and things like that. >> that is true. but the big issue is damages. if something happening over long term, how do you prove that leak caused the damages.

you have a restaurant that is out of business for five days but if someone went to the hospital for skin irritation, what are the damages. it isn't simple >> and you could have leaking in the ground water, environmental issues that could come into play. >> the epa is going to get involved and take a look at it. leeching in the ground water is a great point. that is going to be a serious problem. >> you mentioned insurance, i would assume freedom industries is insured. >> the question is if in fact it is find that someone leaked them on purpose whether there is insurance. insurance is coming into play. this type of case is keeping a lot of lawyers busy.

>> it doesn't cover an intention act. but i don't expect that. >> apparently there is 35,000 gallons and 7500 have leak said in and freedom industries immediately owned up to it. >> some people say they didn't bring it up quickly enough? >> they said there was an hour delay. that is going to be an issues they will look at. >> 12 minutes now before the hour. a birthday celebration going wrong after a balcony collapsed. and see anything different with the new ford f-150? this is groundbreaking for a truck. you will get an exclusive look next. next. when you have diabetes like i do,

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from the brand doctors recommend most. at a company that's bringing media and technology together. next is every second of nbcuniversal's coverage 0f the 2014 olympic winter games. it's connecting over one million low-income americans

to broadband internet at home. it's a place named one america's most veteran friendly employers. next is information and entertainment in ways you never thought possible. welcome to what's next. comcastnbcuniversal. >> one person is dead from a balcony collapse in philadelphia. a 22-year-old man was were announ announced dead and two woman have broken bones in their back. >> so goes the u.s. economy along with detroit. in the biggest auto show iran america and the truck wars are alive.

-- in -- chrysler is gaining with the ram. but no one is making a bigger move or taking a bigger chance than ford by remaking their best-selling vehicle. mark fields gave us exclusive access to the brand new f-150. >> reporter: about 90% of the body on this truck is made from aluminum. what is the advantage of this? >> it is light weight and from a consumer standpoint they will get better fuel economy. and it is more dent and ding resistant. >> that makes it 700 pounds

lighter. >> it is the most capable 150 we have produced. >> they have a weather control lab that forecasts how the vehicle will react in the harshest of climates. >> we can test in all conditions all over the world. minus 40 to 131. that is combined with features that give you a 360 review. >> if your hands with full, this is a remote tailgate release. you hit this twice and it comes down nice >> but will consumers keep

buying it? >> they will be able to tow more, hall -- haul -- more and just use it more. >> throughout the midwest, you have suppliesuppliers who depen your success, from that perspective how much of a risk is sitting behind you? >> we are building on 37 years of leadership and we are c confidant this vehicle is going to deliver the built ford tough. >> rumors put it at 30 miles per hour and we don't know the sticker price. you can start buying them in the

fall. and now we will find out for the loyal base will buy into it >> i like the safety glasses and that weather thing was very cool. well done. >> all right. so latinos are running into the problems in the spanish version of the obamacare website. filled with errors and faulty web links and what all of the disappointment and frustration could mean politically.

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martha: so cleanup efforts are now underway as severe weather ripped through parts of georgia. the storm brought down trees, flooded streets and damaged homes. fire crews freed two children after a mitre crashed into the back bedroom of their home in woodstock, georgia. a 14-year-old girl was rushed to the hospital in critical condition. about 15 miles away a small tornado touched down causing damage for a path for three miles.

overall a very rough weekend. bill: sure was. georgia, north carolina. we heard directly from bob gates and we asked you this question and we asked you was it right for him to write that book? martha: mario tweets, gates' book should have been released before the 2012 election so they had all the information necessary to select our countries leader. bill: gates should be able to write whatever he wants whenever he wants. it is his freedom of speech freedom. martha: it confirmed what people knew about obama's negative views of our brave military. bill: he is on sean hand at this 10:00 eastern time. we'll see what headlines he makes then. we have to run. martha: i will see you back here tomorrow. "happening now" starts right now. bye, everybody. jenna: breaking news on today's top headlines and brand new

stories we'll see here first. jon: speculation mounts on another clinton run for the white house in 2016, a new book suggest that is at power couple kept a list of high-profile "friends and enemies." so who is on which ledgeer? plus, convicted murderer jody arias back in court after denying a direct order from the judge. and can caffeine make you sharper? drink the coffee. our doctor is in to filter through all the facts. it is all "happening now." jenna: hello, everybody. i hope you had your coffee this morning or your tea or whatever else, right, jon? jon: beneficial effects. >> get you started on the week. great to see you. i'm jenna lee. jon: i'm jon scott. welcome to this hour of "happening now." we begin with more problems for obamacare this time with the spanish language version of the