"happening now" starts right now. we'll see you later and tomorrow morning. bye, everybody. jenna: breaking news on today's top headlines and brand new stories you will see here first. jon: convicted killer jody arias back in court awaiting a whole new trial. this will determine whether she lives the rest of her life in prison or her execution is coming on by the state. plus, what investigators say sparked this massive five-alarm fire. new information keeping teens healthy. are reality shows a helpful tool? it is all "happening now." jon: and to our top story. a new bombshell report says that president obama knew that day that the deadly benghazi attack was an act of terrorism. good morning to you, i'm jon scott. jenna: hope you're off to great day, everybody, i'm jenna lee. newly declassified testimony by top pentagon officials at

congressional hearings suggest that his cabinet did nothing to change the narrative after a story surfaced that the events were triggered by a film mocking islam. the papers also raise questions about the military and whether or not there were orders properly preparing those who would respond to such an attack. these revelations raise even more questions over the white house's response. >> begs the question, where did this information about it being a response to a demonstration really come from since the first information that was coming through was it, it was indeed a terrorist attack. it is a little unclear exactly what was said in terms of what was introduced but after the fact it looks to me like the understanding for secretary panetta and general dempsey was it was a terrorist attack. so you could have been presumed that would have been conveyed to the president. jenna: national security correspondent jennifer griffin is live at the pentagon with the latest for us now. jennifer? >> reporter: hi, jenna. some of these 450 pages of

transcripts recently declassified were still redacted but what i think is most interesting, these are transcripts of interviews of commanders down by the house services subcommittee, the africom commander at the time, general carter ham, we have not heard from him publicly but he testified to the house armed services committee and essentially debunks the speculation that has followed him since 9/11 that he was somehow told, removed from command and that he wanted to do more and send more military royally that night and white house and his superiors didn't let him. chairman of the armed services committee buck mckeen does the questioning of carter ham. he requests quote, this might be a good time to ask. i heard you made the statement that you were prepared to go to their aid and somebody told you know and you said we are going anyway. is that all some supposition that comes from some reporter? ham replies, yes, sir, no one

ever told me no. >> they did what they could with what they had. the bottom line here is that they didn't have what they needed to respond. >> reporter: ham and the other commanders present a picture after woefully ill postured military force whose assets were not in position to launch a timely response or rescue. no u.s. marines in libya were there on the night of the attack despite offers from defense secretary lee on panetta after a december 2011 visit to libya in terms of positioning of assets. the f1 6 fighter jets based in aviano, italy, were unarmed and separated from aerial refuelers which were 10 hours a way in great britain. no mention made in the transcript of ac-130 gunships being available that night. perhaps most vexing was the decision to make the f.a.s.t. team of marines sent as a quick reaction force from spain, to

deplane and change out of uniforms, delaying their response time more than an hour. that request came from the state department. ham pushed back against repeated suggestions by committee members and some military analyst that is sending an f-16 to fly over benghazi the night of the attack would have made any difference. quote, the telephone against i had at the time caused me to conclude in my military judgment that attack aircraft would not be the appropriate response tool so i did not direct a heightened alert. remember, jenna, those who said in afghanistan and elsewhere, sending f-16s to do a flyover, a fly-by, to fire up their engines is a good way to disperse crowds and has been used repeatedly in afghanistan. ham rebuts that as do other commanders who testify in these hearings that have been held over the last 15 months on capitol hill in closed sessions. >> a lot there in those newly-declassified papers, general. thank you very much. we'll follow the story even more closely. james rosen has details what the

documents reveal and what the white house knew next hour. jon: only one day left until government funding officially ends. congress could pass, get this, a bipartisan spending bill that could keep washington up and running until october. it restores funding for the military as well as paying for highway projects t provides money for the president's plan to expand early childhood education. with me, ellison barber, a writer with the "washington free beacon." seems like people on both sides of the aisle are squawking about all this which means probably it's a pretty decent budget. >> right, depending which side you're at you can look through and find something you like and something you don't like. one thing you will see bipartisan consensus they're happy with, it corrects an issue both parties have problems with the cost of living adjustments cuts made under the murray and ryan budget. they changed that to provide an exemption for veterans with disability pensions. that is something you will see

republicans and democrats rally around. think a big issue with that under the murray-ryan budget plan. jon: no government shutdown in the future so it appears. >> it appears. this is 1500 pages. they're going through all of it right now. but if you listen to the republican weekly address this morning and they had their hyped closed-door meeting speaker boehner said they had this thing and looking through it and hadn't made a decision what they're going to do with it. they were engorged to have it and have something passed and seems like it will line up to where they get this passed. jon: the republicans are trying to defund, derail, decommission obamacare. there are some cuts to obamacare in this. >> there are. specifically one billion cut to a program as part of the affordable care act called prevention in public health initiative. basically what that does provides different money to public prevention initiatives. one is tobacco. tobacco prevention initiative. that is area republicans had a problem with that because it was ambiguously written where the money could be used potentially a lot of different things.

they were a little weary about that. a billion dollars cut from the program. that is something republicans will be happy but on democrat side there weren't any real significant cuts to the funding of affordable care act. jon: 1.1 interest dollars budget but -- $1.1 trillion budget but tens of billions of dollars what president obama wanted to spend on various programs. >> right this is people squawking on a both sides. $25 billion more in spending cuts than the senate wanted but $25 billion more spending money than the house wanted. it come down to where it is bit of in between. jon: the art of compromise is maybe alive in washington after all? >> looks like a little bit. jon: i was surprised to read it is $164 billion lower than president george w. bush's last discretionary budget. >> they say, when adjusted with, for inflation that it ends up being a little bit less but still a significant, still a significant bill. $1.1 trillion which is a lot of money. but something that had to be passed. from republican standpoint they're seeing this we need to

get this passed because we want to focus on jobs report we didn't think was good and problems with the affordable care act. they want that to be focus moving towards the election. jon: for those in the private sector ho haven't seen any kind after raise in years and years, they will be happy to know that federal employees get a 1% pay raise. >> that will thrill a lot of people. jon: ellison barber from the "washington free beacon." thank you. >> thank you. jon: jenna. jenna: turn aig way from washington a minute. information on two significant scandals surrounding new jersey governor chris christie as he is about to deliver his state of the state address. eric shawn from trenton, new jersey, with more now. eric? >> reporter: controversy involves the tv commercials and whether or not the christie administration misused superstorm sandy funds to make the commercials. the company that manufactured the commercials and governor's office deny any wrongdoing. they're is the bridge scandal. that scandal likely to overshadow the governor's state

of the state speech he will make later on today here at trenton courthouse. the governor will face overwhelmingly democratic state legislature that is now established in the assembly and the state senate, two separate committees, special investigative committees to investigate the bridge scandal. some assemblymen and women calling for the criminal charges to be lodged against david wildstein. wildstein, the former port authority official who took the fifth 20 times last week and cited with contempt when called before the transportation committee when called to testify about the bridge scandal. there are subpoenas expected day after tomorrow, one for bridget anne kelly, fired former deputy chief of staff of the governor who whose email about traffic in fort lee sparked this whole scandal. another subpoena expected for his former close aid, campaign manager bill stepien, forced to withdraw as consideration for gop chairman of the state. democrats doubt the governor's

claims that he didn't know. >> our concern is that there was apparently a very massive abuse of power and an attempt to conceal that abuse of power. before we learned of this, we would have all believed that something like this could not happen and so we know we need to change laws to make sure it doesn't happen. >> reporter: assemblymen wisniewski says it is premature to consider whether or not there will be subpoena for governor christie himself. jenna: interesting news if it does. eric, thank you. more as we get it. jon: we're learning more about a shooting inside of a florida movie theater a 43-year-old man was shot and killed. police say his death could have been caused by a fight over text-messaging. they call them the invinceables, young adults, who are supposed to help fund obamacare. jenna: i'll take it jon. new numbers raising doubts about the health care kay rogers is here to help us

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jon: fox news alert. new mexico state police are reporting a shooting at barindo middle school in roswell, new mexico. we're told the suspect is in custody. three people are injured. no reports of fatalities here. it is early in the investigation. roswell, new mexico middle school. parents are asked not to go to the school because the school is on lockdown. when we get more information we'll bring it to you on "happening now." a look at some crime stories we're watching. new developments in the jody arias case. she was found guilty of murdering her lover. now a judge set a new trial date in march for the penalty phase of her case. jurors could not originally

agree whether arias should receive the death penalty. a retired cop is accused of shooting a man dead inside of a movie theater. the suspect told the victim to stop text-messaging during the movie. when he refused the dispute escalated. the suspect faces a second-degree murder charge. the billionaire who created beanie-babies facing up to five years in prison. ty warner will soon learn the his sentence for evading taxes on $25 million of income. the 69-year-old man has apologized. his defense attorneys argued for probation. jenna: back to health care, we're learning the first time the demographics of folks signing up for obamacare. less than a quarter of people enrolled are between the ages of 18 and 34, well below the goal of the program. new young adults signing up for obamacare will offset costs for older enrollees. this will make the future cost of obamacare unclear but the administration says the numbers show they're in a solid place.

kay rogers from foxnews.com is looking at numbers. we touched a little bit why the demographic are important but why do they really matter in the long run for obamacare. >> the biggest take away from the demographics that young people are knot enrolling at a rate the administration would have hope ad demographics are key to make it work. young people are needed to offset the cost of older, and less healthy people. 54% of the enrollees were female, 46% male, 30% aged 34 and under and 34% under age of 18 to 34. i spoke to an analyst yesterday to analyzed census data from 2011 and 201012 and young people were 3% of the uninsured population in this country. what we see here it is not enough. jenna: what happens if young people don't sign up? >> if young people don't sign up this is very doom and gloom according to insurance industry experts. this is adverse risk death

spiral. the law wind up costing more. you can't charge older less healthy people more than younger healthy people for coverage so it's a losing proposition for the insurance industry. jenna: one of the difficulties covering these stories the last couple weeks we don't always know the goal. how far off does it seem the government is from their target numbers. >> the target numbers for year one of aca to have 7 million people enrolled and 2.7 million young and healthy people needed to keep the costs down. from what we're seeing they're not on target. they want 3.3 million people enrolled at end of december. we're only 2.2 million. jenna: they have a couple months left. >> they do. they have three months left until the open enrollment period ends, and one good sign there was a surge of enrollees toward the end of december. hopefully more people start signing upped and younger people sign up. jenna: we'll see about the procrastinators and if the deadline, deadline is really the

one for obama care. kate, thank you very much. jon: deadly clashes in egypt one the first day of voting on a new constitution there. are fair elections possible in that nation? should we be giving egypt more than a billion dollars in annual aid? we'll debate that next. plus a young woman's desperate cries for help after her husband was fatally shot outside of a new jersey mall. newly-released 911 calls reveal how long it took an ambulance to reach them. life could be hectic. as a working mom of two young boys angie's list saves me a lot of time. after reading all the reviews i know i'm making the right choice. online or on the phone, we help you hire right the first time. with honest reviews on over 720 local services. keeping up with these two is more than a full time job, and i don't have time for unreliable companies. angie's list definitely saves me time and money.

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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. jon: just in, newly-released recordings of panicked 911 calls made by a whom whose husband was shot and lay dying outside of a new jersey shopping mall right before christmas. patti ann browne is in the new york city newsroom with

more. >> reporter: jon, those 911 tapes were published on nj.com, site of "newark star-ledger." you can hear discontinue friedland's frantic wife jamie asking why the ambulance has not arrived yet. four men shot her husband in the head. she had to call back several times n one call she says it is half hour. mill bourne police say it was 18 minutes until responders arrived at the mall >> reporter: well the problem is once the short hills volunteer fire aid, first aid squad reached that parking deck 18 minutes after the call, the ambulance at that point couldn't fit under the ceiling. so the emts had to push a

stretcher up a ramp to the crime scene which took even more time. friedland died at the hospital almost three hours after the shooting. the 911 calls were released to "the star-ledger" in response to public records request. when the paper made the first request last week it was only given one call. police say township officials were not able to locate other recordings earlier. the squad's headquarters is four miles from the maul. a mill bourne police officer patrolling the mall was there at the scene shortly after the shooting. four men have been charged with murder. all four pleaded not guilty. each faces life in prison if convicted. jon: system a sad story all the way around. patti ann browne, thank you. jenna: questions about how your taxpayers dollars are being used. this is on the first day of vote forge a new constitution. a massive security operation underway right now to prevent disruptions. so far at least three people killed in the clashes this is happening as congress is preparing to allow the obama

administration to restore 1 1/2 billion dollars in aid to egypt after last year's coup, some have not called a coup and some do, put a freeze on that money. our next guests disagree on what is the best course of action right now for america. doug bondo, senior fellow at cato institute. and a bam does door, former deputy ambassador to the kingdom of bahrain and welcome to you both. doug, let me start with you, is this the right course of action. >> no, it isn't. we spent decades subsidizing a military dictatorship in egypt. we have potential authoritarian us lamist and definitely authoritarian military real. no point to get into that. it is time to step back and not make the ugly choice. we never had practical influence and leverage for our money. they are arresting people who are opposing referendum that occurred. this is not restoration of democracy.

jenna: "washington post" says it is not just islamist that are being arrested but journalists and secularists as well. essentially we're supporting a government that is more rye special sieve than the country has known in decades. are we getting what we want for our money. >> hard to measure the level of art-ertocrcy. america needs stable states in the middle east more than ever. it is not the question aid buying democracy as opposed to is it buying us a stable country as opposed to chaos? do we want egypt to become libya. i think we do not. we need to give them aid to keep them on track. jenna: do you believe with the money saudis are funneling in which are billions and billions and billions of dollars do you think our 1 1/2 billion dollars buys us that, what you're

describing that. >> it doesn't buy us that, no, you're right, it is chicken feed compared to the billions others are pouring in there but the important point here is that the united states needs a stable egypt. the united states needs a stable saudi arabia. the united states need as stable gulf. these countries, these regimes are all under enormous pressure. we may not like or agree 100% how they're responding to it but we need to be on their side. because they will get through it and we need to prevent them from falling the way other failed states in the region have. jenna: doug, the ambassadorially touches on a key point when it cops to the debate about foreign policy, whatever country we're looking at particularly when it comes to egypt. is our priority in egypt a democratic egypt or is our priority a pro-american egypt we can work with, democratic or not. >> very hard to choose between those. if money bought stability, why did mubarak fall? in money bought stability why did any of these regimes go

under? the challenge is money does not buy stability. thundershower tearianism breeds its own problems. there are moral consequences to giving money to regimes that shoot people down. they're arresting liberals. they supported the coup and found themselves thrown under the bus. my point we need to step back. there is no good choice. why be forced to choose between two very, very bad outcomes. egypt face as bad future. whatever happens our money will not improve this. jenna: what is the risk on waiting, ambassador. >> first of all i don't think morality should be the basis of foreign policy it is a rough world out there. there are bad guys out to do us harm. al qaeda, iran, hezbollah, the muslim brothers. these are not benevolent actors. and egypt, strong countries like egypt, strong countries like saudi arabia in the gulf are standing up against these guys. we need to support them. does money buy stability? no. but it sure is a hedge against

chaos. jenna: doug, that is also another point is. if we have to be in the game somehow because if we're not, then we're totally out of it all together. so what about that argument, that the money and some have made this argument, that the money despite the human rights violations and everything else, gives us a little bit of an in we might need somewhere down the line? >> look american interests are complicated. you have to be realistic about this. on the other hand you also have to recognize where you're paying for bullets that are killing people. if money will help buy stability, the saudis are doing it. the notion if we toss in extra we get much out of is an illusion and image it sends to people across the middle east is, we don't care. we are quite happy to subsidize regimes that openly shoot their own people. that's a problem for us and it is in conflict with the message we want to promote, democracy and human rights. we need to be more realistic there in terms of how we balance. one way of doing so is stepping away from very bad situations where we have very little influence. jenna: obviously our money is

not just at work in egypt. it is at work all over the region. i would love to have you both back to expand the debate a little bit where we're putting our money and what it is actually getting us in some other countries as ambassador, doug, thank you very much. >> sure thing. jon: president obama says income inequality threatens the american dream but is an income gap actually good for a growing economy? we'll take a look at that question coming up. plus, madeleine mccann, three years old when she disappeared on a family trip to portugal back in 2007. british police now believe they know of three men involved in her disappearance. an fbi profiler joins us to help crack this very cold case next. when you have diabetes like i do, getting the right nutrition isn't always easy. first, i want a way to help minimize my blood sugar spikes.

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jon: right now a quick look at what's still to come this hour. a new lead in the case of madeleine mccann who disappeared seven years ago. why police hope to make three arrests in portugal. plus, flames shooting 50 feet into the air. what was burning and how it started. also new insight into how to keep teenagers healthy, what two studies found about testing for drugs and teen pregnancy. jenna: well, we've certainly heard a lot recently about the rich getting richer and the poor

getting even less. the president and democrats speaking out against income inequality ahead of the midterm elections this year, a lot of politics involved. but some are arguing an income divide is actually a good thing for a growing economy. doug mckelway's live in washington with more on this. so, doug, who thinks the divide is a good sign? >> reporter: it just all depends on what kind of economists you talk to, jenna. you know, the idea of spreading the wealth has been central to the obama administration ever since joe the plumber's question back in 2007. but in recent months the president has called it the fundamental challenge of our time. he says a child born in the top 20% has about a two in three chance of staying at or near the top, whereas a child born into the bottom 20% has a less than one in twenty shot at making it to the top. >> if you have a small group of people who get a disproportionate share of the income, that creates disincentives for a small class of people to not focus on making

productivity-enhancing investments, but trying to get a bigger piece of the pie because they can buy it. we call it rent seeking. that's not good for our economy in the long run. >> reporter: but some critics say there is another side to income inequality, that's income opportunity. for instance, as the economic be inequality between rich and poor has grown, women's economic status has increased. >> inequality in terms of the gap between low and high-wage people was creating opportunities for everyone, but women were especially able to leverage them. and that's why you got so many women breaking the glass ceilings in recent years. >> reporter: it's also suggested that super high net worth of the wealthiest does not necessarily reflect unfairness, but rather the shift from domestic markets to world markets and the opportunity in that. the shift to third world industrialization has made everyday items more affordable for everybody from clothes to cars to computers. but it comes at a cost, the loss

of manufacturing and the industrial base here at home. and there is no easy way to remedy that, jenna. jenna: well, and some argue, doug, that the issue is less about the economy and more be really about family. how so? >> reporter: you know, there have been so many studies on that through the years, beginning back in the early 1960s with daniel moynihan's study, but a more recent 2012 heritage study found, and i'm quoting, the u.s. is steadily separating into a two caste system. in the high income third of the population, children are raised by married or parents with a college education. in the bottom income thursday, children are raised by single parents with a high school diploma or less. and there's no easy way to undo that, not for many, many years at least, jenna. jenna: a lot to think about, doug. thank you very much. >> reporter: you bet. jon: a little british girl disappears while on a family vacation in portugal nearly seven years ago. now police are hoping to finally solve the mystery of what

happened to little madeleine mccann. she would be 10 years old now. british authorities are heading to portugal to arrest three men. officers say the suspects were involved in a series of burglaries in the coastal town where mccann was last seen. joining me now, mary ellen o'toole who worked as a profiler for the fbi when this kidnapping occurred. she is the author of "dangerous stints." i know the fbi was approached at the time about the madeleine mccann case. what can you tell us about what the thinking was? >> well, initially, when the case came to the bau or the behavioral analysis unit, it was very early on, and it was at that time which is typical in these kinds of cases the family needed to be ruled out. that's not unusual, that's standard operating procedure. but then as time went on, the case really became pretty dormant, and now this recent lead regarding the burglars is really pretty interesting because burglars who steal money

and jewelry for a living are not what you expect when it comes to kidnapping children. it's like apples and oranges. jon: yeah. one wouldn't think that somebody who's just going to bust into a hotel room and grab a wristwatch off the night stand or something is also going to want to grab a 3-year-old girl. >> well, it's a liability. it's easy to walk out of a resort and secrete a cell phone or an ipad, but if you're holding the hand of a 3-year-old girl, you're certainly going to come to the attention of other people. and that's the first of the problem. then after that it's what do you do with this child? if you're a burglar and you have a pawnshop, you typically take your stolen items to, you've got that down to a science. but if you are now all of a sudden morphing into a child abductor, you have to have a way to decide what am i i going to do with this child, how do i take careful of her, what are my family members going to say? so the problems that you create

with that theory of morphing from one into the other, um, is really problematic. jon: but just so vies know and, again, a lot of people have been following this case for seven years. this is not a whim, this is not a hunch or a slouch investigation. this is scotland yard saying that they have noted spikes in cell phone activity among three known burglars who were in the area of the resort when madeleine disappeared. and on top of that, robberies had increased in the resort area by a factor of four between february and may of '07. seven teen days before she disappeared there was one burglary and one attempted burglary at the resort. so they have written a letter to the port guise authorities -- portuguese authorities, and they are asking to speak to them. what after seven years can you expect the gleam from suspects in a case like this? >> well, here's two things that are really quite important.

the spike in the cell phone communication, they don't have the content of those phone calls. it certainly could indicate a concern on the part of the burglars that somebody saw them coming in and out of rooms that they had not rented. but they were in and about that resort area at the time madeleine went missing. at the very least, these are people who would, in this country perhaps, be called persons of interest, and they could provide those scotland yard detectives with information about the dynamics of the resort that night, who they saw coming and going, what they heard, what they saw. so while they're providing that kind of information, scotland yard will also be taking a look at their backgrounds to see if there's anything in these, any of these three backgrounds that would suggest that one or two of these offenders could also be involved in either child pornography or could be a pedophile or have other kinds of behaviors indicative of someone

that would kidnap a child. jon: you worked on the elizabeth smart case, the teenager who was miraculously found alive after she was kidnapped in this country. what do you say about the prospects that little madeleine mccann is still alive seven years later? >> absolutely the parents will never give up hope, nor should they. and i think in a case like this because the child is very young, we all will hold out hope that they may have felt she's not a threat, they may have felt that she would not remember what happened to her. so if she was not killed right away, then the idea that she could be out there living with somebody else or kept with somebody else is not impossible. and as you say, we have other cases where the child has been returned after years. so it makes sense that we should hold out hope here, continue with the investigation but always hold out hope. jon: just astounding to me that they are making progress apparently in this case after all this time.

mary ellen o'toole from the fbi, thank you. >> you're welcome. ♪ ♪ jenna: well, this just in. now, the president in his first formal cabinet meeting of the year says he won't wait on congress to act. take a listen to some of what he had to say. >> i've got a pen, and i've got a phone. and i can use that pen to sign executive orders and take executive actions and administrative actions that move the ball forward in helping to make sure our kids are getting the best education possible, making sure that our businesses are getting the kind of support and help they need to grow and advance, to make sure that people are getting the skills that they need to get those jobs that our businesses are creating. and i've got a phone that allows me to convene americans from every walk of life; nonprofits, businesses, the private sector, universities. to try to bring more and more americans together around what i think is a unifying theme, making sure that this is a

country where if you work harold, you can make it. -- hard, you can make it. jenna: the president also says he's getting close to finishing a review of u.s. surveillance practices to be unveiled on friday. the president also listed goals for 2014 including immigration reform and getting the economy growing faster. this is the last formal cabinet meeting before the state of the union two weeks from today. jon: police face one of the toughest decisions in law enforcement, whether to shoot a man holding a woman hostage. what led to this shootout, that's next. plus, a five-alarm fire rips through an old paper mill, and this isn't the first time. what may have helped the flames to final level this old building. ♪ ♪ we use this board to compare car insurance rates side by , so you get the same coverage, often for less. [ rattling ] that's one smart board. what else does it do -- reverse gravity? [ chuckles ] split atoms? [ whoooosh! ]

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firefighters battling the flames on the marymac river. quite a fire. this until finally the building collapsed. the building was abandoned, it was scheduled to be torn down. investigators say no one was inside at the time but this is, in fact, the third fire in five years. investigators blame machine oil soaking into the structure over the centuries for the quick burn. jon: to make a split second decision to end a standoff at a din very convenience -- denver convenience store after the suspect uses a woman as a human shield. william la jeunesse with the latest. what happened here, william? >> reporter: well, jon, this suspect had multiple opportunities to cooperate, he refused and paid the price. now, watch and listen closely to the gunshot, and you'll see the man in the hoodie get hit. [gunfire] >> reporter: we stopped that tape as the suspect's head snaps

back. he is flung backwards before collapsing to the ground. this happened on monday. when chased by police, the suspect took hostages inside that 7/eleven. s.w.a.t. arrives, negotiations fail. the suspect tried to flee using the middle-aged woman named betty as a shield, lis fired. >> it was terrifying, it was stressful, and i don't witch it on my enemy --ish with it on my enemy. >> what about police? >> great job. i got out alive, so i guess they did, huh? >> reporter: now, jon, police have not released the suspect's name, his age, any priors, any back story to this, if you will. we know that a crime had been in progress, that's what landed him here. however, at point in time he remains in critical condition in the hospital. jon: get back to us, william la jeunesse. thank you. jenna: the frigid mountains of utah, a snowboarder missing for 13 hours.

his story, next. plus, how to keep teenagers out of trouble. big question. some new studies with some surprising conclusions. you'll want to hear this next. . and shift through all eight speeds of a transmission connected to more standard horsepower than its german competitors. and that is the moment that driving the lexus gs will shift your perception. this is the pursuit of perfection. [ male annncer ] with nearly 7 million investors... oh hey, neill, how are you? [ male announcer ...you'd expect us to have a highly skilled call center. kevin, neill holley's on line one. ok, great. [ male announcer ] and we do. it's how edward jones makes sense of investing. [ chicken caws ] [ male announcer ] when your favorite food starts a fight, fight back fast with tums. eartburn relief that neutralizes acid on contact and goes to work in seconds. ♪ tum, tum tum tum tums! eartburn relief that neutralizes acid on contact progress-oh! [ female announcer ] with 40 delicious progresso soups at 100 calories or less, there are plenty of reasons

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♪ ♪ jenna: what is the best way to keep our teens healthy? it's a big question. two new studies provide some insight into the biggest challenges teens face. one looked at rap.com drug -- random drug testing in schools and found schools that tested for drugs did not affect the us. the kids just kept on using all the same. another the study looking at teen pregnancy and the hit mtv show "16 and mr. pregnant," thew has been criticized for glorifying teen moms, but this study found a reduction in teen pregnancy in areas where teens

viewed show. joining me to break this down from the fox news medical a-team, dr. marc siegel, also the father of a teenager. let's start with "16 and pregnant." does this mean reality television could be good for our health? >> well, you know, i have to pause, because i never thought of reality television as good for our health, and you talked about glorifying it. you know, some of these people finish. jenna: well, that was the big argument. they get the front page of the tabloid magazines, and they're pregnant, and they've got money coming in, so it's a big question. >> you know, in 40% of the teen moms never graduated high school, so of course they want to look to be that celebrity. but on the other hand, a big study just coming out from the national center of economic research shows that it ill proves contraception, decreases teen births, that in 2010 right after the show started, 20,000 live births from teen moms were prevented by this show and by other spin beoff shows, and i

think maybe the reason is because it might be the only form of education that certain -- jenna: that's interesting. what the studied find, and it's tough to have direct causation. the study does point that out. >> good point. jenna: it did find on social media when the show was running, there was a lot of searches for contraception and searches for abortion as well. so it's tough to know what the reason was for less teen pregnancy, but it does beg the question about what gap perhaps the show could be filling. >> well, that's a great point. and if it's abstinence or con rah sense, i'm all for it -- contraception i'm all for it. using abortion as a form of birth control can i'm way against. but, again, it depends on how the show chooses to present it. we're entering a world, three million viewers or more, we're entering a world where this is where people are educated. jenna: a lot more research to be done. let me ask you about this drug testing because if i was a kid in high school and they were drug testing -- i don't do

drugs, come on -- but it would be scary to think that you could be ran tomly drug tested. -- randomly drug tested. what seemed to be working in high schools when it comes to drug prevention? >> first of all, this is a small study. unlike the first one you mentioned, it's not a cause and effect be, so it's not proof. but they asked about 400 kids about this, and they found that drug testing in schools was not a deterrent. it didn't work at all. the kids said the only thing that worked is a positive attitude, a good relationship with your teacher, plenty of conversation. i'll tell you why i actually believe this -- jenna: i'm a really skeptical, really? a teenager said a positive attitude? go ahead. >> i'll tell you why i believe it, because i think people who are going to use drugs use drugs period. i don't think drug testing prevents them, i don't think testing prevents it, and i don't think negative punitive measures prevents it. what prevents it is bonding with somebody else who doesn't do it.

jenna: that's what the study points out. good luck with the teenager. >> lots of luck. [laughter] jenna: jon? jon: a new report says the irs scandal involving the targeting of conservative groups is getting swept under the rug. why no one might be held accountable here. and more on our top story, what the president knew right after deadly benghazi attack that left four brave americans dead. next.

jenna: some new developments on our top stories and breaking news this hour. jon: shocking new revelations about what president obama knew and when about the terror attack in benghazi and whether the military ever had a chance to help four americans killed that night. the white house releasing some troubling new figures on the obamacare enrollment numbers, raising serious or concerns among insurance companies. and the irs at the center of a mounting controversy. the new rule changes making it legal for the agency to target tax-exempt organizations. it's all "happening now."

jenna: just before noon here on the east coast and a fox news alert, some top secret information about the deadly benghazi terror attack now revealed. fox getting a look at the documents. glad to see you, i'm jenna lee. jon: i'm jon scott. welcome to the second hour of "happening now." hundreds of pages of newly-declassified documents shed light on exactly what the top pentagon brass knew, when they knew it and whether president obama was in the loop while events were unfolding that night in libya. the evidence makes it clear that the president and his key aides knew from the get go that benghazi was a terror attack, not a protest over a film that got out of hand. but that didn't stop the white house from pushing that theory for almost two weeks. all of this, of course, after four americans -- including our ambassador to libya -- died in the attack. chief washington correspondent james rosen is live with more on that story. james? >> reporter: jon and jenna, good afternoon. of all the statements about the benghazi attacks that were made

at the time by senior obama administration officials and which later turned out to be false, none was as far reaching as this one: >> based on the information that our initial information, and that includes all information, we saw no evidence to back up claims by others that this was a preplanned or premeditated attack, that it was -- we saw evidence that it was sparked by the reaction to this video. >> reporter: yet the declassified testimony before the house armed services subcommittee on oversight and investigation obtained exclusively by fox news shows that within 20 minutes of start of the assault on the u.s. consulate in benghazi, the chairman of the joint chiefs of staff, general martin dempsey, and then defense secretary leon ma net that -- pa panetta both w it was a terrorist attack. that was the word they got from general carter hamm, the combatant command over libya.

first term congressman brad win stop, a republican of ohio and iraq war veteran, asked general hamm last june, quote: as a military person, i am concerned that someone in the military would be advising this was a demonstration. i would hope that our military leadership would be advising this was a terrorist attack. general hamm replied: again, sir, there was some preliminary discussion about maybe this was a demonstration, but i think at the command and i personally and i think the command very quickly got to the point that this was not a demonstration, this was a terrorist attack. winstrop, and you would have advised as such, correct? >> yes, sir. panetta told the senate armed services committee last year he introduced the subject of benghazi, and panetta was, quote, unequivocal that benghazi was a terrorist attack. so these triplets, as

illuminating as they are, still leave unresolved how and when did the false narrative about a protest that never occurred originate, and why did leon panetta say nothing publicly for up to two weeks to correct it? we reached out to panetta yesterday and got no comment, the subcommittee still wants him back to testify again. jon and jenna? jon: james rosen reporting from washington, thank you. jenna: now to our other big story, some brand new information from the white house showing obamacare enrollment off the mark by a wide margin, raising serious concerns among insurance companies. the department of health and human services says 18-34-year-olds account for just 24% of totallen rollment. the white house hoped that number would be closer to 40% because those so-called invincibles are needed to sustain the law financially. just over two million people have currently signed up for coverage, but the obama administration is aiming for seven million by the end of march. peter doocy's live at the white house with more on all these

numbers. what does the white house have to say about enrollment? >> the word "solid" is how the administration is describing these numbers for the first half of the open enrollment period even though the largest part of that group are older people experts say more likely to get sick, just shy of medicaid eligibility. that would be the 33% aged 55-64 compared, of course, with only 24% of those young invincibles. but, again, the administration says that's okay because young people, they say, tend to wait until the last minute, and that 24% number closely tracks the massachusetts roll outnumbers. rollout numbers. >> the web site which functioned very badly at the beginning of october would be a different experience by the end of november. we have delivered on that commitment. we want to move forward and take full advantage of the 11 weeks left. >> reporter: and the administration also says the 2.2 million sign-ups shows a good trajectory, but that is only

about half the number of completed applications, 4.3 million, and a fraction of the 53.2 million visitors to state and federal web sites and the 11.3 million calls that came in between october 1st and december 28th. jenna? jenna: peter, what are republicans saying about these enrollment details? >> reporter: jenna, they don't think there are enough details because most specifically, that 2.2 million person figure combining the state and federal enrollment the administration says, that includes people who have paid a premium and have not paid a premium. so now tennessee republican congresswoman marsha blackburn has just a two-word statement, and all it says is who's paid? and eric cantor said this morning he's going to push for new legislation that would require more transparency from the administration. >> the numbers are as bad as they seem with the lack of information, just imagine

perhaps how bad it really is. so we need to get to the bottom of this. people's health care is at stake. people's pocketbooks are at stake. >> reporter: and another very important number in the hhs report, 79% -- that's how many people have signed up for a plan who qualify for federal subsidies and, thus, lower premiums. jenna? jenna: peter doocy from a rainy white house today. peter, thank you very much. jon: for more on this, let's bring in a.b. stoddard, associate editor and columnist for "the hill," and tim carney, senior political columnist at "the washington examiner." so the health insurance companies, a.b., are saying that if these numbers persist, their profits are going to be cut in half. i mean, profit doesn't have to be a dirty word in this country. what are they supposed to do then? >> no, that's right. insurance companies were always going to be a key stakeholder in this process, and president obama brought them in to make

sure this will ultimately pass. as you know, it was a very contentious, partisan process, and in the end, the insurance companies have not to be made whole for to work. my kind of demographic breakup that is heavily subsidized, mostly sick that ends up cutting insurance companies' profits in half is going to come, trickle down, obviously, to the consumer, and it's going to result in higher prices. and that's why in these ten weeks remaining the administration has to find more young and healthy people, particularly who are going to pay. and what the republicans are talking about on the hill is right, 2.1 million enrollees do not mean 2.1 million insured people. so, again, it's hard to really make conclusions about this data when we're not talking about people who are all officially in the program yet. jon: well, if the health insurance companies are going to see their profits cut substantially, tim, it would seem our own two choices, they can either raise premiums which have already been described as pretty high under obamacare, or

they can get more subsidies from the government, right? from taxpayers. >> obamacare included lots of provisions for subsidizing the insurers. it's ironic president obama's sort of anti-insurer rhetoric during the bill, there's all sorts of things. risk corridors, there's reinsurance programs, and a lot of it gives the administration leeway. they can tweak it one way, tweak it another, expand it, and so i think that if they don't get the numbers that they're hoping for, sebelius is promising that, you know, spring surge in young people, they will have to bail out the insurers to keep them from either collapsing or raising the rate. and a lot of republicans might not stand for such a bailout. they might try to block that legislatively, and that would be quite a legislative battle on the hill. jon: a.b., isn't it true that already under the sign-ups we've seen four out of five people who had signed up for obama care qualify for tax ackier subsidy, right? >> right. and we don't even know how many of those are going into medicaid. if you look at the ten weeks

remaining that they say is going to be this last minute rush to fill up the pools and going to be more evenly divided in terms of risk, they have a campaign person they've hired to make this public relations push, to find these people, these invincibles. it's really hard to imagine they're going to end up finding people who are paying. so we're looking at heavily subsidized people, perhaps in a balanced pool. and ultimately, the administration admitted anyway that they have a very tough time seeing how they're going to collect the penalty fees for those who don't opt in. so look at the taxpayer-provided bailout for the insurance company combine with the the fact that we can't even collect any penalties, and it's really going to be an incredible hit to the deficit. jon: tim, you've got 2.2 million people signed up by the end of 2013, that's whey lower than health and human services said you needed to get this program rolling. you've got four out of five on subsidies, and you've got a much smaller percentage than expected young and healthy. so how can the white house crow

that these are, quote, solid numbers? that's what they're bragging about. >> well, the four out of five actually doesn't differ that much from the original projections. but you're right about the sheer number and the demographic mix. at first they said the number was what they were aiming for, then they shifted to the demographic mix. they're really just trying to save face and not panic and sort of run out the clock and hope they get this spring surge. i do think the more likely thing is that the administration is going to be in the position of trying to push an insurer bailout. the question will be, will the insurers be able to get the republicans to say, hey, you've got to save our industry, or will the republicans say, no, we want to kill this horrible bill. that will be the fight in the heart of republicans coming this spring. jon: and, ultimately, the taxpayer ends up constituting the bill. tim carney, a.b. stoddard, thank you both. >> thank you. jenna: speaking of the young and seemingly invincible, we want to take you to a live shot over justin bieber's house in

california, and here's the news today from the l.a. county sheriff's department. apparently, they served a warrant about an hour ago at justin bieber's house. this is a follow-up, apparently, to an egg incident at his neighbor's. it's no secret, it's widely reported, that justin bieber has clashed with the neighbors in his neighborhood, and according to tmz, a recent incident may have led to about $20,000 worth of damage at his neighbor's home. we don't know all the facts. we have some reports from tmz. the likely charge, according to tm or z, if police do find something in justin bieber's house that lead him to be guilty of this incident, it could be a felony vandalism charge which could be fairly serious. a felony. so we'll keep you posted on that. justin bieber, search warrant, los angeles today. well, shocking developments concerning the nuclear deal with iran. why the country's president calls the agreement a surrender by the united states and other world powers to iranian demands. plus, an all-out manhunt for

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jon: right now some outrageous commes from iranian president hasan rouhani on the nuclear deal with the u.s. and other western powers. rouhani says the geneva agreement mane means, quote: the big powers have surrendered before the great iranian nation. all this after the groups agreed to start implementing the terms of the deal later this month. jenna: a manhunt now underway for a serial arsonist accused of a string of fires in northern california. police are offering a $10,000 reward for the suspect they say is behind 13 fires in just the

last week. adam houseley's live the this los angeles with more for us now. >> reporter: yeah, jenna. in fact, in less than a week, 11 confirmed to be arson, two more suspicious. in the last 36 hours or so, there have not been confirmed fires, however, they still haven't caught the suspect, and police in san jose have released new surveillance video, and we have that for you. this is the second surveillance video they've released, they have a number of videos they believe show it is suspect. first of all, let's talk about the fires themselves, basically, in the same area of san jose, not far from downtown. they've hit a number of the older victorian-style homes in the area as well as some apartment complexes. very dangerous, thankfully, no serious injuries thus far. but when you talk to people in the area including the pastor of a church who's been hit twice by this suspect, they're very concerned and disturbed about what's happening. >> for someone to do what he's doing, we never know what in an individual mind.

one thing we know as a community of faith, he's lost. >> they hit our house, and then they hit the house across the street a day or two later. seems to be pretty brazen. >> reporter: here's a look at the suspect. it's been released, his sketch, according to the police. they believe he's a latino or a white man aged 25-40, about six feet tall, weighs about 160-180 pounds. he was wearing baggy clothes, large-framed glasses and is very thin. a city councilman is organizing people overnight, kind of like a neighborhood watch taking two-hour shifts. very concerned in california because of the fire season in general. you add a situation with an arsonist, it's, obviously, very disturbing for a lot of people in san jose. and at hour the manhunt continues, $10,000 reward. jenna: hopefully, that reward and the sketch help. adam, thank you. jon: well, it's 1500 pages and a price tag of more than $1 trillion. coming up, the new spending bill

lawmakers just unveiled and exactly what's in it. and from russia with no love. next, the american journalist who say ises he was kicked out of the country because of his long history of critical reporting on the russian government. >> we see a tendency toward a return to cold war tactics and even beyond. óqoqúúñ@

♪ ♪ jon: just into the fox newsroom, new jersey's governor, chris christie, going to be making his state of the state address this afternoon in trenton. it's an opportunity for him to talk about things like property tax relief and safer streets, but we are told the governor will address the george washington bridge scandal in

that speech. as you know, he's been under the microscope because some of his aides, he says, ordered a political vendetta of sorts against the mayor of fort lee who had not supported him in the election. they closed off the george washington bridge, made a mess of traffic in the his town for four days. governor christie will be addressing that in his state of the state speech this afternoon. jenna: well, right now an american journalist is accusing russia of barring him from reentering the country. that's because russia actually did that. there is no accusation. david satter of radio-free europe was ordered to leave the country last month. russian officials said he failed to extend his visa in time, but there's more to the story. he's firing back telling "the guardian" that his expulsion is an act of retribution over years of critical reporting. >> it was typical during the soviet period to accuse foreign correspondents of being spies. but to make a direct accusation of that time against a journal

itself in post-soviet russia is, in fact, extremely rare. jenna: david is now in london, we have a former moscow bureau chief for "newsweek" who was also expelled from russia in 1982. it's nice to have you. >> thank you, jenna. jenna: you have some things in common with david. you're not only friends with him, but you had been reporting in russia for some time when you were expelled, and you were allowed to go back. tell us about your experience. >> well, i went there, of course, it was a different era. it was the soviet era. i went there in 1981, i was there 14 months. i reported all sorts of stories they did not like, and they expelled me after only 14 months. david the was the financial times correspondent there, and he was a neighbor of mine, and we went on many reporting trips together. we got in of trouble together, the kgb would follow you very to accelerately in those days -- overtly in

those days. he stuck with it, stayed in russia for several years, kept going back. he's very knowledgeable about russia, its history, its culture, its politics. so what everyone thinks of his various interpretations, he was clearly a high-profile target for them. jenna: and it's important to note that he's been there several times over a period of four decades. and this is the first time that he's ever had any sort of an issue. he says no accusations were made, but that a he was told that his presence was undesirable in the country. >> he was told that as the other part of the statement, apparently, from the russian embassy official was that the, quote-unquote, competent organs had decided he was undesirable. it really reminded me of my own expulsion when i got a statement from the foreign ministry saying i had been engaged in impermissible methods of journalistic activities, this kind of very awkward, bureaucratic language to basically say two things. i mean, when you have an

expulsion, you target a journalist who has been troublesome to you for whatever reason, and you particularly want to get rid of. but you're also trying to send a message to other journalists, look, you can get in trouble too. be careful about what you report. jenna: and that brings us to the question of why now? why do you think the putin government now decided it was the time that david should no longer work there? >> that's a very interesting question. david, i heard in one of his interviews, said something like it doesn't make sense because they've made a number of conciliatory gestures. they've released a billionaire businessman, the members of pussy riot, the band, some of the greenpeace activists. but, you know, there can be two things going on here. at the same time, they want to create a more open image to the world, but they also want, they know they're going to have an influx of reporting for the sew chi olympics, and this may be one way of kicking out someone

who's been a longtime critic of russia and making him an example. jenna: well, and it's the first time an accredited u.s. journalist has been expelled from russia. so it is an american that's been targeted. >> since the soviet days. jenna: since the soviet days. >> right. jenna: the fact that it's an american, again, ahead of the olympics, we also have the edward snowden dynamics despite some of the political prisoners that had been released by vladimir putin, is it a direct message to the united states? >> i think it's always a bit of a message to the united states, but in russia often things are not as clear cut as one would expect. you know, because of these other actions which putin took to try to southern of soften his image, you'd like to say two steps forward, one step back -- jenna: you actually were able to go back and report while putin was in power, and you noticed a difference. >> oh, yes. i got back in for the first time in '89, things had loosened up,

and in the '90s for journalists things were a hot freer. then in the early putin era, i went back to do a story about him of after he'd been elected president, and the first encounter i had with a member of of his team, they said, oh, we remember, you had some problems in this country. i said, yes, i did. well, i was a university student in those days, and i read all your stories in "newsweek." i said, that's interesting, "newsweek" did not circulate freely. he said, well, yes, but i was a member of the kgb, i had privileged access. told you under putin the kgb credentials were once again envogue. jenna: well, it's nice to have an audience, no matter how dynamic. [laughter] andrew, great to have your perspective, thank you very much. jon? jon: there are new developments in the irs political profiling scandal where agents stand accused of targeting tea party and other conservative groups. well, now we're told the fbi essentially will let the irs off

the hook saying it didn't do anything criminally wrong. our legal panel weighs in. >> nearly three years in waiting for an answer is totally unacceptable. the irs needs to be held accountable for its incompetence, harassment and groups. thank you.er at 100 calories or less, there are plenty of reasons people are saying "progress-oh!" share your progress-oh! story on progresso.com.

jenna: the controversy over proposed rule changes at the i.r.s. as the agency looks to limit the political activities

of social welfare groups like some tea party organizations. some of the very same non profits the i.r.s. stands of unfairly targeting and while campaign finance groups see this as a way to clarify the political activities of these organizations, tea party groups say the rule change would limit their freedom of speech. our chief political correspondent is live in washington to break this all done. it's rather complicated. before we get to the rules, what's really going on in the investigation of all of this? >> well, hi. the f.b.i. has said they do not expect any criminal indictments coming. what they have done after a lengthy examination is looking at it's not really political bias. inappropriate, admittedly inappropriate scrutiny to these groups but the problem is that the i.r.s., the agency in charge of dealing with tax exemption couldn't understand their own rules and subsequently the mistakes were made. well, the inspector general of the i.r.s. who determined that these inappropriate behaviors had taken place recommended there would be some sort of

clarification and new rules put together. in essence would they're saying is if the social welfare groups are unable to contain their political activity to less than 49% of their overall spending and involvement, then they're going to have to find some other way to declare themselves and ultimately, they would not be able to run specific ads 30 days before a primary nor would they be able to run ads 60 days before a general election. their use of direct mail, voter registration, get out the vote methods and candidate debates would all be regulated. i.r.s. said the changes wouldn't hope before the 2014 midterms. if a tax exempt social welfare group wants to spend more than 49% of money on politics, then they should be a super pac. they're fighting saying this is an enfringement of free speech but there's a long, long precedent of groups given specific regulations of their

free speech rights. that's what they're debating. this will have another five, six weeks to be the end of february for public input and then the i.r.s. will go to work to write things up and then there will be hearings where the public can testify. look for a year wrong battle what the wrongs can do politically and how think disclose their spending and donors. jenna: interesting story. we'll continue to watch. thank you. >> you bet. >> my personal favorite was question number 33 which in relation to protests asking for a listing of our, quote, committed violations of local ordinances, breaches of public order or arrests and then requested details how we conduct or promote illegal activities. i stop the costly and exhausting i.r.s. process in july 2010. when he survive on my credit card and donations in our cake tin like patriots before us. we persevere. jon: you might remember that testimony from karen kinney, coordinator for the san fernando

valley patriots in california. she's one of more than half a dozen people who testified before congress that the i.r.s. apparently targeted and stonewalled them. now as carl cameron just reported, f.b.i. did not plan to file criminal charges over this because investigators say they did not find the kind of political bias that rises to the level of a criminal violation. all that decision sparks this editorial in the "wall street journal" which explains, quote, not every scandal is a crime but if the report is right, it means no one will be held accountable in any meaningful way for the taxing power of the state. this is why americans don't trust government. joining us now, our legal panel today, lis wiehl, fox news legal analyst and doug burns, a former federal prosecutor. does it surprise you nobody found any criminal wrongdoing at the i.r.s.? >> absolutely. it all surprised me we're even talking about it, that the f.b.i. is coming out and saying pretty much, we've investigated

thoroughly and i want to talk about that because i don't think that's happened. we have investigated thoroughly and we've come to a conclusion there are no criminal charges. that never happens. the f.b.i., the feds, prosecutors are not supposed to do that. you never confirm or deny whether an investigation is going on or has concluded. the confirmation of the kwks of an investigation is an indictment. that's what happens so it's strange. is this a test balloon for the public to see how the public will react? jon: there's one attorney who represents a number of these tea party and conservative groups. a boz en or more. she said the f.b.i. hasn't even contacted the members of her group that she represents. so how can it be a thorough investigation if the folks haven't been contacted? >> first of all, let me repeat her point. in the day-to-day practice of federal criminal law, we do not repeat, do not get called up and are told the investigation is over. you can all rest easy. in fact, it's 180 degree opposite and it's the sort of

hanging over the head and people get arrested after two years of mreet and total inactivity. it's surprising to hear the government making this announcement. having said that, though, we can't really prejudge it is investigation because we don't know the internal specifics of it. >> we don't know the internal specifics but we do know from lawyers from conservative groups that were targeted because they've said we haven't been reached out to. we haven't heard from the f.b.i. we haven't been investigated. we haven't been able to tell our side of the story. so you know, it hasn't really been all that thorough. jon: the justice department prosecutor handling the case, doug, according to the house oversight committee, he said that prosecutor made donations to the obama campaign. that's hardly an impartial prosecutor in a case like this. isn't it? >> i mean, first of all, you do have an administration investigating itself, raising all kinds of obvious conflicts and calls for maybe having

someone independent being involved and you're right. it's not all kinds of political situations, who is the u.s. attorney, what are the relationships, what is going on? but again, it bears repeating, nobody ever gets a phone call being told the investigation is over. doesn't happen. >> even more importantly, when you have the fox watching the proverbial hen house to keep it quiet about what's going on with the investigation. right? wouldn't you think at that point where all of this potential conflicts out there, they would be more careful about keeping quiet? >> what lis is saying is amazing. 99% of the time you hear rhetoric about we cannot get into any specifics and then here it's the exact opposite. so she's right. jon: but the basic defense here seems to be, you know, that the f.b.i. has looked into this and found that the f.b.i. is not a bunch of crooks. they're just incompetent. >> exactly. that's the defense. jon: the i.r.s., i should say. >> they don't know their own

rules and then i'm thinking, oak. these are people that, you know, we're paying for? and keeping in their jobs and these are high level people that are being told, and we do know this from some sources, being told look at certain groups for political reasons? jon: and they have access to all of our personal information. that's great. >> exactly. and they don't know their own rules. jon: thank you. >> my pleasure. jenna: right now congress reaching an agreement on a massive new spending deal. just a short time ago, house leaders on both sides you be veiling their plan which is expected to cost more than a trillion dollars. this to avoid yet another government shutdown so what is exactly in the trillion dollar deal? our chief congressional correspondent is live with more on this. mike? >> hi, jenna. yes. 1,500 plus page bill and here is a sample of what is in it. it fixes military retiree benefits for the disabled and for the families of the fallen. it does not include new funding for obamacare and it does hold the line on the medicare agency

handling implementation. there's a pay freeze for the vice president and senior political appointees and it would give federal agencies some certainty and fund the government through october. with the government due to run out of money tomorrow, speaker boehner talked about a temporary extension and the need to act quickly. >> we're in a situation where the government is, in fact, going to run out of money. we'll have to move a short-term c.r. but we want to get this government funding in place as soon as possible. and i think under the circumstances what we're doing is appropriate. >> senate appropriations chair pose for this lovely photo and say they're pleased to have come to a fair, bipartisan agreement on funding the government in 2014. they say while their differences were many and the deadlines short, they drafted a solid bill based on the guidelines of last month's ryan murray budget deal. president obama urged congress to pass it as soon as possible.

>> i was very pleased to see the house and the senate agree to a budget and to put forward a bill that will fund our government at levels to allow us to take some important steps to provide the services and the help that americans need and the american families need more to get ahead in this economy. >> while there are complaints from conservatives about not cutting spending more and complaints about others from not funding pet projects, nobody up here on the hill seems to be in the mood for another government shutdown at this point. jenna: mike, thank you. jon: it was a lovely photo, wasn't it? jenna: it was. i like those. more congressional -- just like that. thank you, jon. exactly. we can just capture those moments together during commercial. jon: that's great. she vanished from her parents' hotel room during a vacation in

portugal. why british police say they may be closer than ever to figuring out what happened to littlemade. plus why millions of direct tv customers could have a harder time finding the weather report these days. so ally bank has a raise your rate cd

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mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutrition inharge™. jon: more on the possible break in the case of a little girl reportedly snatched from her parents' hotel room. madeline mc cann just flee -- three years old when she vanished from the hotel room in 2007. british police are reportedly

closing in on three suspects they say may have been involved in her disappearance. greg joins us from london with more. >> according to analysts we've been speaking to, possible break is probably the best way to describe the case of missing madeline mc cann. interesting lead, for sure. we spoke to detectives at scotland yard and they put an international letter to request to authorities in portugal asking officials there to pick up for questioning, maybe arrest three burglars who were active in the area when the then 3-year-old girl was taken from that resort bedroom while they are parents were nearby with friends. now, according to our sister network here, sky news, the mobile phones of the three were red hot, meaning very hot in the minutes and hours after madeline went missing. it was a burglary that went bad and then the child was taken. some of the individuals

reportedly also were involved in a burglary a little while before and also a child was disturbed. again, though, this is just a lead. even the content of those mobile phone calls are not known. so the investigation continues on several fronts. after closing their probe in 2008, portugese officials are now looking at the crime and they say there's new information. u.k., scotland yard opened up their own investigation last year. so far, the price tag for that is something like $8 million. and just to show you the kind of attention this is getting, a tv program that ran here about the case late last year was prebrewed cast internationally, got some 5,000 calls in response. now, what there have been some arrests, possibly suspicious individual is in the 6 1/2 years of the investigation, so far there have been no charges laid. as you know, madeline would be 10 years old right now. the mystery very much still alive. back to you. jon: let's hope they can get her back to her parents.

thank you. jenna: we're awaiting some fireworks on capitol hill as members of the president's n.s.a. reform panel could face tough questions from senate lawmakers today. live report coming up. plus an international giant unveiling a new map showing the most popular places in the world for taking photographs. the most popular. we'll tell you coming up. i have the flu, i took medicine but i still have symptoms. [ sneeze ] [ male announcer ] truth is not all flu products treat all your symptoms. what? [ male announcer ] alkseltzer plus severe cold and flu speeds relief to these eight symptoms. [ breath of relief ] thanks. [ male announcer ] you're welcome. ready? go. [ male announcer ] y[ female announcer ] no matter the occasion..., your home's the place everyone gathers. so be ady with a stouffer's lasagna. it's the mouthwatering recipe that keeps them coming back. stouer's. madeith care for your family.

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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. jenna: 20 million direct tv customers, they just lost the weather channel. at issue a dispute over fees between the channel and the satellite service with both companies now blaming each other. patti ann browne is live with more on this. >> well, that's right, jenna. mid light last night, the weather channel went dark on direct tv. that impacts 20 million customers of the satellite service nationwide. weather channel had asked for a

fee increase and no agreement was reached before the deadline. the weather channel said it offered direct tv the best rate. the channel even accuses direct tv of putting profits ahead of public safety. watch this video from weather channel. >> only the weather channel is committed to telling you the entire story, to make sure you're informed and safe before, during and after the worst of it. >> but direct tv says there are plenty of other places to get weather news. direct tv's local network affiliates provide extensive coverage of local weather events and the channels are available as needed. direct tv even has its own weather nation channel. direct tv said it launched that service in response to complaints from viewers that the weather channel runs too much reality programming. direct tv also notes many people rely on the internet and mobile apps for weather updates but the weather channel is going as far as asking viewers to pressure congress to intervene citing the

channel's mission to serve. the weather channel is a private, for profit business. it's owned by the nbc group that owns comcast. direct tv says the two sides are still talking. jenna: thanks. jon: just an hour from now, members of the n.s.a. reform panel will testify before a senate committee on dozens of recommendations for the agency's controversial surveillance programs. our chief intelligence correspondent live in washington with more on that. >> thank you, jon. hearing brings together the n.s.a. reform panel and they're responsible for the 46 recommendations given to the president. members of the judiciary committee home to some of the most outspoken critics are expected to push the panel aggressively to justify the regulations and why more reform is not on the table. this morning a study by the new america foundation, washington

based think tank wants to know why the bulk of the phone records did not thwart major terrorist events. that's consistent with the panel findings. out of 225 cases, groups found, quote, no discernible impact. a former hills staffer with experience explains the reform dilemma. >> i think the congress is bitterly divided right now. the power brokers in the house and the senate have different takes on whether the phone records program has been successful or not. generally i think that's a recipe for inaction over the long term but there are two wild cards. >> and one of those wild cards, according to allen, is edward snowden and whether he will continue to leak more documents. line share of which have not dealt with the privacy rights of american citizens but rather, sources and methods and u.s. alliances overseas. this hearing really sets the table for mr. obama who will address the n.s.a. controversy on friday in that long awaited public address and the expectation is that there will

be some executive action but some reform will require legislative action and that looks like it may be a tough nut to crack right now, jon. jon: it does. thank you. jenna: speaking of surveillance, some happen voluntarily through social media. google unveiling what they call their heat map. it shows the top 15,000 photograph locations on the planet. as part of the company's new panarimo services, where you can allow geo tag photos in google earth. it may be tough to make out on the screen. new york city tops the list but europe, and all that yellow, is glowing with shutter clicks. go down to the street level with the new service and based on the number of shots within a few square miles of any given location. so new york is the top. you can see europe. a lot of photographs being taken there. jon: taking pictures out there right now. we'll be right back.

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a guy lucky to it be alive. the 30-year-old was snow boarding in utah when he was separated from his friend and he was hit by a wall of snow. he found himself lost in whiteout conditions. 25 members of the search and rescue team looked for him sunday night. he braced gusts you have wind 45 miles per hour. and the search resumed monday morning and a helicopter spotted him waving 13 hours after he went missing. he was flown to safety and thrilled to be reunited with his wife and father. he was cold and dehydrated, but thoughts of his wife and children ages 2- 4 got him through the ordeal. they live in north salt lake and having a celebration today. >> you know as a skier conditions can change so quickly.

>> it gets so dark and cold so fast in the mountains. >> it is nice to have a story with a happy ending. >> very nice. >> thanks for joining us today. >> america's news headquarters starts right now. >> obama care has a new problem about that? we are about to find out. i am bill hemmer. >> and i am alisyn camerota. we are awaiting a briefing where the latest enrollment numbers show fewer young people are signing up. bret baier is here. great to see you. we know that 24 percent of the people are 35 years old and younger and the administration hoped that number would be close to 40. how big of a problem is that? >> if you ask the analyst and insurance industry it is a big problem. they look at the number and equation and what the pool