"lone survivor" with the director, peter berg. >> he did such a great job. >> danica patrick also joining us live. our thanks to former secretary of defense. >> he'll be with us in the after the show show. bill: great stuff, guys, thanks. good morning, everybody. fox news alert. we're awaiting any moment for more information released on the deadly benghazi attack. the senate intelligence committee releasing details on its investigation about that tragic night. remember just yesterday, fox news confirming leading members of the administration knew it was terror within 15 minutes of the attack that day. stand by for more in moments. another fox news alert. the nsa responding to a new bombshell report claiming that it used radio waves to spy on nearly 100,000 computers worldwide. good morning, everybody. we're working through this right now and welcome here to "america's newsroom." i'm

bill hemmer. martha: good morning, bill. good morning, everybody. i'm martha maccallum. according to the reports the nsa has been secretly implanting off-line computers with international surveillance technology. bill: coming days before the president makes changes to how the agency operates. we do not know what the changes will be but peter doocy live in washington leading our coverage here. the report of these computers they do not have to be connected for the internet for the nsa to access them. if that is the case, then how do they do it, peter? >> reporter: with tiny radio transmitters hidden inside of a computer or a usb cord. which would mean there are some nsa targets that help the nsa collect data by inserting one of those corrupted cords. the details about this practice were first reported by "the new york times" where it is explained that the 100,000 computers around the globe implanted with this technology are monitored as part after quote, active defense and one of the biggest targets of this

practice are reportedly the chinese army. we asked the nsa about the report this morning. here is what they said, quote, nsa activities are focused and specifically deployed against only and only against valid foreign intelligence targets in response to tell against requirements. we do not use the foreign intelligence capabilities to steal trade secrets on behalf of or give to u.s. to enhance their international competitiveness or increase their bottom line. even though we're just now hearing about the ability to access off-line computers today the nsa reportedly has been doing it, bill, since 2008. bill: we don't know what they're doing, frankly. the president will announce changes to what the nsa does or how it operates. what will he say? what will he recommend, peter? >> reporter: bill, it will come in a speech on friday and he is expected to say he wants to reduce the amount of time that phone records can be held. that is according to a "new york times" report which also says the president wants to further protect the of

foreigners. but the president reportedly does not favor forcing the phone companies to start storing metadata of their customers as opposed to the nsa. even though that was one of the big recommendations of the independent review panel that he put together. the president is though is expected to let congress decide, once and for all where that metadata should be long term, bill. bill: wow, thank you, peter doocy setting the table for us in washington. peter, thanks. martha. martha: how much information can the nsa's utah data center, this huge, sprawling compound, how much can it hold? well, for now the actual capacity is classified for national security reasons but back in february of 2012 utah governor gary harbert revealed it would be quote, the first facility in the world expected to gather and house a yada byte. can't fit that on the ipad, right? how big is that?

it is largest unit of americament we have currently. yottabyte. it is equal to one trillion times one trillion bytes. you got that? that's a lot. bill: more on this from one of the program's biggest critics. senator rand paul is live with us today. we'll see what he thinks about the president's upcoming recommendation and revamping of america's spy program. also 100,000 computers embedded. all that is coming up with the senator from kentucky. martha: so many questions about the nsa and security and efficacy. does the nsa program fight terrorists or is it over the line? send us your tweets @billhemmer, @marthamaccallum. we'll put them up on the board at the end of the show. keep them coming. fox news alert now as the white house is pushing back, yet another obamacare deadline today. this time it gives people with preexisting conditions who are difficult to insure a two-month

extension to sign up. this comes on the heels of the news that obamacare isn't getting enough of younger enrollees it needs to keep the costs low. that is a major balance and economy factor making this whole thing work. stuart varney, host of "varney & company" on the fox business network joins me now. i think we're up to 15, close to 20 different delays and changes in the law so far, stuart. what is this one about? >> this is the second delay for this particular group of people. you had to enroll by late december. then it was january the 31st. now it is march 15th for those people with a preexisting condition. tough ask, martha, why on earth is this happening? well the answer is because less than 30,000 people, according to "the hill," newspaper, according to "the hill," less than 30,000 people with preexisting conditions have signed up for on these exchanges for obamacare. maybe they're worried about the state of the exchanges, the website. maybe they're worried about the deductible but that number is extremely low. so according to joanne peters at

hhs, more time will be given to them to shop for coverage while receiving ongoing treatment that they need. obamacare, martha, it has a numbers problem. as you reported, not enough young people are signing up. far too many older people are signing up. there's a preponderance of people signing up to get a subsidy and now this. a delay for preexisting conditioned people because only 30,000 so far, less than that have actually signed up. jo this was touted as one of the great pluses of this program. it is horrible. that everyone's heart breaks when you hear of somebody with a condition. they get pushed off the insurance and can't get that covered whether it is cancer or anything else. there has been this bridge program i understand it, if you describe it that way called pcip, which is the preexisting conditions insurance plan. is this sort of a middle, a middle zone before people launch on to the obamacare plan that they're growing to be on? >> that is a good way of

describing it. go back a couple of years and one of the principle reasons why we went into obamacare in the first place because people were being denied insurance because they got a preexisting condition. obamacare fix that is. so why aren't people with preexisting conditions signing up in large numbers? i can't explain it, martha, but that is the reality. martha: that is a great question. we'll see where it goes. stuart, thank you very much. bill: if you're trying to keep track of the many obama care delays, we are too. you're not alone. we counted at least four big ones since the october rollout of the website. original enrollment deadline for everyone delayed pushed back to march 31. the online enrollment for small business, delayed until next november. the payment deadline delayed until past new year's eve. as we reported the administration pleading with insurance companies to give folks more wiggle room to get the premium checks in. those deadlines for high-risk, insurance pools, we spoke about,

originally extended to the end of this month. now extended to the end of march. stay tuned tomorrow. new mexico teacher now being hailed a hero after 12-year-old student brings a shotgun to school and opens fire, 12-year-old. two students seriously injured. the teacher is getting credit walking up to the boy and talking him to giving up his shotgun. >> the shooter was quickly stopped by one staff member who walked right up to him and asked him to set down the firearm, which he did. he was also assisted by a state lieutenant, state police lieutenant who was dropping off his own child. >> one thing for a armed state police officer to enter a cool and do his or her job. it is another thing for a teacher, a staff member to intervene in a situation like this. i commend the principal and the

people that work at this school for saving many more lives. bill: wow. will carr in denver. what else are authorities saying about the teacher? >> reporter: hi, bill, pretty much everybody is saying this teacher is a hero and without him stepping in this could have been much worse. this went down yesterday morning in roswell, new mexico at berendo middle school. 12-year-old mason campbell walked into a packed gymnasium with 500 students. he had a sawed off 20 gauge shotgun hidden in a bag and pulled the gun out and started shooting. he quickly shot two students and turned the gun on teacher john masterson. somehow masterson talked campbell into putting the gun down. a state police lieutenant swept in apparently dropping his child off at school and took campbell into custody. from start to finish this entire shooting took just 10 seconds.

bill: wow. what more do we know about the victims, will? >> reporter: one is in critical condition. that is 11-year-old boy. apparently there are reports he was shot in the face. another is a 13-year-old girl. she is doing okay. she was shot in the arm. at the same time investigators are trying to figure out what caused this, what the motive is and at the same time, last night this community came together for a very emotional vigil. parents, teachers, students all showed up after an incredibly emotional day. >> seeing the faces of the children come out and in just tears and scared and, it just breaks your heart, to see these kids at such a young age have to witness and be a part of such a tragedy. >> reporter: bill, at this point authorities still trying to figure out if this was a random act of violence or if campbell was targeting those students. bill: will carr from denver on that. doesn't make a whole lot of sense, does it. martha: i don't think a week goes by there isn't something, one of these incidents. there is something going on out

there, we need to address it. bill: salute that teacher in roswell, new mexico. martha: absolutely. so brave. this story is coming up for you in a moment, folks. wildfire fears sweeping across america's most populated state. the weather conditions are ripe for a very bad day today out west. we'll give you a live report on that. bill: also, martha, a daring rescue at sea hundreds of miles off the atlantic coast. a big lift from the u.s. navy just in the nick of time. how that ended. martha: new jersey governor chris christie confronts the scandal confronts the his administration. he walked in with a standing ovation. has the media crossed the line on this story. karl rove will talk about that. >> the last week certainly tested this administration. mistakes were clearly made and as a result, we let down the people. [ male announcer ] we could say a lot

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martha: well a retired policeman who is accused shooting a man in a movie theater over an argument about texting has now been denied bond. 71-year-old curtis reeves is facing second-degree murder charges. the judge says that his service as a tampa police officer does not offset the crime that he is accused of committing. police say that reeves got into an argument with chad oulson over texting as a movie was about to get started. there was popcorn thrown according to eyewitnesses there. then reeves allegedly pulled his gun and shot the man in the chest, also injured his wife in her hand. he now faces, the former policeman, life in prison if he is convicted. >> last week i certainly tested this administration. mistakes were clearly made and as a result we let down the

people we're entrusted to serve. i know our citizens deserve better, much better. i'm the governor. and i'm ultimately responsible for all that happens on my watch, both good and bad much. now without a doubt we will cooperate with all appropriate inquiries to insure that this breach of trust does not happen again. bill: that is new jersey governor chris christie, clearly another public mea culpa. more on this with karl rove, former senior advisor are deputy chief of staff to president george w. bush and fox news contributor. good morning to you. mistakes were clearly made. i know our citizens deserve better. first and foremost, how did he do? >> i thought the most important thing he said they let down the people of new jersey. this was the right tone. people hurd him say this was a mistake, i took action. what they needed to hear from him, at the heart of this was something that hurt the people of new jersey and was contrary to the what he wanted in his

government. bill: still you can't escape the story. >> no. bill: you turn on any tv channel, any news operation. >> yeah. bill: any online article, they're all talking about this. howard kurtz covers the media for us. this is what he writes the question for the christie and media what point does the daily drubbing becomes unfair. he won a re-election in the landslide, makes his aides hard ball tacticses hard to understand. "meet the press" on sunday gave this 26 minutes for a governor, not a candidate, but a governor. >> look. howie is wrong on one sense. this is not a question for chris christie. he is in the barrel. he doesn't get to decide when they turn the barrel off. he has to be in the barrel and rolled around by the media. this is good question. we have a gigantic deal in washington, d.c. new information about benghazi. something pops on the pages of "wall street journal" about the irs investigation and "meet the

press" devotes 26 minutes out of its hour, less than an hour to this particular issue and, look, the closer you are to the george washington bridge the more likely if you work in the media that you think this is a big deal worthy of considerable attention. but the further you get away from the george washington bridge, for most americans this thing is already over. something bad happened. the governor of new jersey stepped up and said, mistakes were made and i'm firing the people responsible for them. and that is it for most people. bill: get back to that in a moment. colleague from mind over the weekend i want to hear the chris christie thing, the more damaged he is helps my person, and my person is hillary clinton. is that the undercurrent of all the coverage. >> every republican contender has to be prepared for the moment that they, that something in their arena is, condition be criticized and you can count on the media coming after them consciously or unconsciously. look, did we devote this kind of

attention when it came out that the clinton state department and obama white house had misled the american people about a video? no. you look at the mainstream media. cbs, abc, nbc, and their coverage of that and it was minuscule to the amount of coverage they devoted to chris christie and, how did this all come about and who was responsible. bill: maybe your point about the george washington bridge stopping for attention there, once you get outside of that bridge because the "quinnepiac poll" just out today, 74-23 say he is a strong leader. that is a republican governor in a blue-blue state. >> keep this in mind. leaders are responsibility when they take responsibility. president obama says he wasn't responsible for writing code makes him smaller. with whether you like the action or when a leader steps up like christie did i'm responsible. i'm taking quick action. two people i think are responsible for this firing them. accepted resignation of two

people at port authority my on pointees. and get in the car and drive over to the mayor and personally apologize to him and apologize to people of the affected community. that is what people want to see in a leader. bill: supporters of christie say you're trying to tag him as a bullly. apparently quinnepiac was asking that question up until 18 months ago. they brought the question back for this poll. even in this poll after all these headlines been out there for the past 10 days. plus they still find he is more of a leader than a bully. >> look, this will, this has taken away some of the magic of chris christie. he has missed the opportunity to give a state of the state address that has a positive and optimistic big agenda for future. instead the sound bite everybody will be carrying out of this what we just saw. it has hurt him from that sense. look, let's not kid ourselves. the sense this somehow, the rapid count political commentary saying it's over, it's over. it is not over.

we're at very beginning of each one of these contests each contender, republicans and democrats will have a lot of moments like this, better or worse than this but like they will have to confront. bill: politician comes to issue like this and sur they're stronger than they were before. >> 2016 if he were the nominee, look i've taken your toughest shot. is this brought up in the republican primary? i doubt it. he has challenges, but this win not be one of them in the republican process. bill: karl rove, thanks. >> new york city. bill: right on. martha: all right, thanks guys. former secretary of defense robert gates sitting down with sean hannity last night. sean will join us live to tell us what he thought about their discussion and about gates' book and how some in the white house apparently referred to members of the bush administration, as quote, bums. bill: martha, raiding justin bieber's home in california as a egg-throwing investigation gets a bit deeper now.

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bill: so a sailboat stranded more than 300 miles off the coast of north carolina. the engines died and four-person crew was left floating t was so far out at sea, the coast guard used a navy destroyer to allow its own helicopter to land part way through to refuel. >> they were fine but given weather conditions, they had no power. they had no way of steering. the waves picked up anymore probably would have taken the boat down. >> we trained for this a lot and it is not every day we get to go out and execute what we trained

for. it is always a good day we can go out and save four people and bring them safely back. bill: they won't forget that trip. new york headed to virgin islands. that watts plan anyway. from start to finish, rescue took eight hours. waves were 15 feet high. they're okay. martha: fox news alert with reports of strong wind busts in southern california leaving firefighters there on edge today. look at this situation. this came after expected surge of santa ana wind came earlier. more expected later today, to make several already-troubling pockets of wildfires in that area potentially a whole lot worse. >> just kind of spread bigger and a little bit bigger and eventually it was all the way down to the end of the island. >> the lack of rain and unseasonably dry conditions just makes fire conditions as bad as in the middle of fire season. martha: the worst possible

combination. william la jeunesse joins me now from los angeles. william, tell us about what's burning out there at this time. >> reporter: really big wind in the l.a. basin right now but let me put it this way. these fires are just the tip of the iceberg. let's start there. this is supposed to be rainy season. instead temperatures today in the 80s. instead of 7-inches of rain we've had less than one inch. so everything, martha, is bone dry. yesterday a small brush fire in pacific palisades brought the traffic on the coast highway to a stand still, closing parts of interstate 10, creating a nightmare trying to drive west into malibu. that fire is out. even in northern california, an out of control brush fire forced evacuation of a small island between san francisco and sacramento, started by transients, the fire took off aided by high winds. again today red flag warnings for much of southern california. that is heart hand for high wind and dry conditions. firefighters are positioned around the state, helicopters on

standby to respond so small fires stay that way because of those high winds. martha. martha: all right, so as you mentioned this is very unusual this time of year. >> reporter: yeah. the big picture is this. 2013 was the dryest year on record. governor jerry brown is expected to declare a drought emergency this week allowing for state and federal emergency aid. here's why. 60% of the states water comes from the sierra mountains. the problem the snow back statewide is 80% below average, tying for the dryest season ever. that brings us to reservoir levels. the state's two largest are 40% full. the american river near sacramento is 80% below normal. california gets a bunch of water from colorado river, it is suffering a 14-year drought, worst in 1200 years. that big blue river is just mud in places. why do you care? food prices.

california cattlemen are selling off herds and can't afford the feed. shortage of vegetables come spring. whether you're in new york or new mexico, you're going to pay higher prices for your fruits and vegetables. martha: bad situation all around. william, thank you very much. watch out there. bill: we're remembering a day when the steel nerves of a hero saved more than 100 lives. five years since the miracle on the hudson, remember that? martha: wow. i can't believe it has been that long. former secretary of defense robert gates making round defending his new tell-all book, that takes on the obama administration. hear what he has to say about the tension he felt after being asked to stay on after the bush administration and work in the obama white house. >> admiral mike mullen and i would ride back and forth together with these meetings at the white house and we would look at each other after one of these meetings, say, what, are we chopped liver?

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bill: martha: former defense secretary robert gates continuing to defend his controversial new tell-all book that strongly criticizes president obama and his administration. in an interview with sean hand at this last night, secretary gates talked about shock he felt after witnessing members of the obama administration including secretary hillary clinton, mock the predecessor president

george w. bush. >> there are two things that made me remember what hillary had said. the first was, that i was on the opposite side of the table. and admiral mullen and i used to joke, particularly in the first month of the obama administration when, kind of every meeting in the situation room, everybody would trash the bush administration and everything. >> talk about that a lot as if you're not there. >> what a bunch of bums the bush team were and everything, i would say, what are we invisible? we were integral members of that team. martha: strange situation. sawn hannity joins me. happy new year. martha: i'm doing great, sean. great interview with the defense secretary. there are some questions about this book but the thing he points to there and refers to today was the alien nation he felt around that table as things were discussed if he wasn't there and people were trashing the prior administration. >> that was actually a humerus

part of the book and later in the book he describes in his own mind thinking, you guys have no idea, but when you're at the enof your term, new people come in and they will say the same thing about you. martha: yeah. >> so i thought that was interesting but that specific clip, this is where i couldn't figure out secretary gates. he said about hillary clinton that in front of him, and in front of the president she admitted that her opposition to the 2007 surge in iraq had been political because she was facing obama in an iowa primary. now i kept going back to this with him bass he says a lot of nice things about her but i took that to mean that she was admitting that she put her own personal political ambition above the troops and what would be right for them. and a military mission and that to me is a charge that, bankally i don't know how you duplicate that. that is devastating charge

against her. martha: we have the quote from the book on that, sean. let's put it up on the screen for a moment. i think it is one of the pieces of this book that has struck so many people as, you know, just a very calculated way to risk people's lives in the battlefield. says hillary told the president that her opposition in the surge in iraq had been political because she was facing him in the iowa primary. the president conceded vaguely opposition to the iraq surge had been political. to hear the two of them making these admissions in front of me was as surprising as it was dismaying. as you say, it is such a serious charge, sean. you questioned the former defense secretary on how he was able to stay after all of that? >> yeah. i kept asking him again and again about it and, you know, the other thing that struck me, there were two things i couldn't really figure out. martha, i've been doing this a long time and i usually get a feel for somebody and he would say things, for example, like in

the case of hillary, how he got along so well with her and then he kind of made a political excuse that people make different decisions in a political arena versus if she is a secretary of state but i don't think any politician that would put their own ambition above the troops, i would think that would be the biggest blockbuster in the book. it is almost the same thing though with obama because he describes a president that didn't believe in our strategy and was skeptical, if not outright convinced it would fail and then he said he never doubted obama's support for the troops. now, if the president thinks the mission is going to fail and doesn't think he is going to be successful, i'm not sure why the president would ever be involved in any military action at that point. martha: i guess one question i have, sean, is what speaks louder? his decision to speak out now and he says that he is doing that for a couple of reasons because of his support for the troops and because there are some still unanswered, you know,

final plans with regard to afghanistan and perhaps hopes that some of this discussion can change the tide even at this late date and persuade some people in the administration perhaps. so that's a pretty bold move that he has made. you're pointing out other instances which he sort of seemed to equivocate things and find ways to be comfortable with them. >> i got the direct impression, and this is only my impression, that he made these things known and he was fully conscious, he's a guy that's been around washington many, many years, and he knew what he was saying and he wanted it to be said and while he might hem and haw a little bit now that people are quote, misinterpreting it, i think he really wanted people to hear these instances so that they know. martha: it is fascinating. >> that to me speaks volumes about what he really feels. martha: it is fascinating and great interview, sean. >> thanks, martha. happen new year and happy new

year to bill. martha: look forward to seeing you tonight. >> thanks, martha. martha: take care. bill: oh, usually that is the portion where the animation comes flying in. martha: interesting, right? bill: very much so. sean, thanks for being on with us. back to bed now. kidding. hard to believe today marking five years since the miracle on the hudson. captain "sully" sullenberger and his passengers expected to join some of the ferry crew that is rescued them from the cold river in 2009. us airways flight 1549 just taken off laguardia airport. a flock of geese knocking out the plane's engines. look at that picture. martha: that picture is incredible. you go back to that, look at it, say, what am i looking at? people standing all over the wings. bill: he makes a split-second decision to make a water landing judging he could not make it back to the airport. 159 passengers and crewmembers on board, made it alive for the

world to see. that was a cold, cold day in the hudson. martha: they say that is what helped in terms of the landing and the water was so cold and hard in essence. i think of him making two trips back into the cabin, front to back, to make sure nobody was left. he is such an example of a captain of the ship in that case that took great care of all those people. bill: sully, well-done. martha: real hero. we're learning more about the dire security situation in the days leading up to the benghazi terror attack and on the fateful night when four american lives were lost and look at the rubble that was left behind in the consulate in benghazi. the failures of state department officials detailed in a bipartisan senate report. that's coming up. bill: also the latest nsa bombshells now, echoes of big brother as the president is set to tell his new ideas to revamp the spy agency. reaction from one of the biggest critics. senator rand paul and he and his

fellow lawmakers express their own concerns. >> my concern that the focus of the programs has been far too much on law-abiding citizens and far too little on people for whom we have significant reason to believe there may be a real danger of terrorism. t to try ne. t to try ne. really? what's wrong with trying new things? look! mommy's new vacuum! (cat screech) you feel that in your muscles? i do... drink water. it's a long story. well, not having branches let's us give you great rates and service. i'd like that. a new way to bank. a better way to save. ally bank. your money needs an ally.

>> there is quite a bit of content in met at that data. i mean when you have the records of the phone calls a particular individual made you can learn awful lot about that person. that is one of the things that struck me. so there is not in my mind a sharp distinction between metadata and content. that is more of a continuum. bill: that is michael morell, a former acting cia director and member of the president's review board on the nsa. this as we hear from mr. obama's plan to revamp the spy agency. one of the nsa's most outspoken

critics is republican senator rand paul from kentucky. welcome to you this morning. you have a president trying to satisfy world leaders, based on reports they have given him an earful about this. you have civil liberties as a question mark and question also about national security. what is he going to do, senator? >> well i don't think you can expect the fox to guard the henhouse. you can't expect the fox to oversee the henhouse. so really congress needs to step up. we need to rein in the nsa. i'm all for spying on terrorists but i don't think we're catching any terrorists by spying on every american. think about it. all those phone records we collected for five years, do you think there is a terrorist anywhere in the world using the sail phone twice? you think there is terrorist has the same phone they were using five years ago? i don't think there is one terrorist that has been stopped by any of this data. it is extraordinarily expensive and extraordinarily intrusive into american lives. bill: are you aware of what catherine herridge reported last

night here on fox? she is saying the trail for these terrorists has gone cold because they're dropping off the radar. what does that suggest? >> well the thing is i don't think it is news to any of them we have the ability to spy on phone calls. so i think they probably have been doing this for years now. but i think it is important that the things we're fighting for, you know, when i see our young men and women who lot of arms and legs fighting for our freedom, they tell me they're fighting for the bill of rights. it is disappointing for them to come home and find out we gave up on the bill of rights while they were gone. so we do have to defend our liberties. that is what we're fighting for. that means the fourth amendment and that means the government shouldn't issue a single warrant and get records of millions of americans. it is not constitutional and it needs to end. bill: there is another story this morning that is breaking, about 100,000 computers embedded by the nsa going back a couple of years and the agency apparently expressed already that it is tracking online

traffic, and also looking again at national security. what do you think of that? >> yeah, but, it is the fox guarding the henhouse. who is going to protect american citizens from unwarranted searchs? the thing is, do we want to live in a surveillance state where everyone of your google searches, everyone of your visa bills, every one of your bank bills is looked at by the government? i frankly think that the supreme court has to rule on this and has to evaluate because my visa bill, where i spend my money, can tell you whether i gamble, whether i smoke, whether i drink. what books i read. that's private information and the government shouldn't be looking at your visa bill or any third party record which is metadata. that is a way of saying oh, it is not really anything but where you spend your money on your visa card tells a lot about an individual. that's private information and no one should be looking at that without a warrant. bill: that is what mike morrell was suggesting in the video we

just played for our viewers as well. another issue, the issue of data storage appears to be a big issue from the president. from what i read phone companies don't want anything to do with this. that would leave it in the hands i believe of the nsa. if that is the case the program doesn't change, does it? >> yeah and that is what ace important here. if the president comes out and says, hey, guys, there is no big deal, i fixed the problem, there is a danger that is illusion. they have already done this once. the last meeting at the white house where they trooped out of the white house where they said no one is spying on america or americans, because they defined the way of existing of spying. they say collecting all your records is not spying. it is spying. we can't allow the white house to be one in charge of overseeing the white house. so the nsa needs to be reviewed thoroughly by congress, around also by the supreme court. we need a further evolution of the supreme court saying what the fourth amendment protects because i think the fourth

amendment should protect records whether there are papers in your house or whether you have given them to someone else to hold your papers. bill: i fully respect your opinion but if you give this to congress i don't know if you win on this. do you? >> we'll see but we can't trust the white house to investigate themselves. just like the irs scandal. does anybody trust the outcome of the irs scandal? does anybody trust the outcome of the benghazi scandal? no. because the white house investigates themselves, they claim they will fix the problem but in reality, you can't police yourself. it has to be an independent body. so we really need checks and balances between the branches of government. it will include congress, win or lose, but also should include the supreme court as well. bill: senator, thank you for your time. we're asking our viewers about this online as well today, too. senator rand paul, thank you. we await what the president has to say in a matter of days. thank you, sir. >> thank you. martha: so police raid justin

bieber's home looking for eggs but they ended up making an arrest there after finding something that you don't exactly eat for breakfast.

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martha: we've been waiting for this. breaking news this morning and now we have it. the senate intelligence committee just releasing their report on benghazi. chief intelligence correspondent catherine herridge is live in washington. she has just gotten her hands on this 85-page report. catherine, what do you know so far? >> reporter: martha, we have the report right here and we're still pouring through at fox news but it really shines the spotlight very brightly on the al qaeda presence in libya and specifically a former guantanamo detainee bin qumu was a primary

suspect in the benghazi attack and recently bin qumu is one of the suspects with historic ties to al qaeda senior leadership. we're on page 10 in the report, this cites specifically, and this is news, in july of 2012, a few months before the attack the cia produced a report that was called, libya, al qaeda establishing sanctuary. and it went on to describe how al qaeda affiliated groups and associates are exploiting the environment in libya to enhance their capabilities and that they are seeing sort of a mirror image of al qaeda establishing a presence in libya and neighboring egypt under the jamal network. so what we see so far in this report is very strong evidence, reports by the defense intelligence agency as well as the cia prior to the benghazi attack that al qaeda was establishing itself in that area and then again this link to the former guantanamo detainee

sufian bin qumu. martha: very interesting. say, catherine, where the report that showed increasing al qaeda presence in libya, who generated that? was that cia? >> reporter: we have several right here. one produced, this is page 10, july 2012, the dia produced a report that discussed rather the founding of ansar al sharia. it is not worthy here this section if you come back to me one second, this section of the senate report is heavily redacted which means it remains classified. right below that it describes how in july 2012 the cia produced a report, entitled, libya, al qaeda establishing a sanctuary. this is on back of our reporting on fox news there was also a report prior to the attack by the library of congress that was declassified talked about al qaeda establishing that presence in libya. most importantly that the likely new face of al qaeda in libya was the former guantanamo detain see, sufina bin qumu who is

referred in the report to a primary suspect in the attack. secondly, this is also important that it shows in this report that benghazi had a significant amount of premeditation. the attack on the consulate, the cia annex and there was a failed ambush of the cia rescue team trying to lure them to the hospital where senator stevens had died. martha: so much to the story. catherine, thank you very much. >> reporter: you're welcome. bill: more in a moment here. one of the many bombshells we've heard this week about benghazi. president obama a threat to congress if they don't pass his agenda, he will use executive orders and do it himself. chris stirewalt has a few thoughts. martha: we'll talk about that. the police say the ambulance sent to the scene of a deadly carjacking at a mall in new jersey had a very hard, impossible time actually to get up the ramp because the mall entrance was too low. so is there anyone who can or should be held responsible for that when we come back

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>> new questions about presidential power have been raised after the president warns congress if they don't take action on unemployment he is willing to do it for them. threatening to use executive action if he has to help people. those were his words yesterday. >> good morning. the president end run thread comes as the supreme court hears the case on whether he overstepped his authority in the past. yesterday obama said he was

tired of waiting on congress. >> we are waiting on legislation to provide the americans the help they need. i have a pen and phone and i can use the person to sign executive orders that move the ball forward. >> we have the host of power play, chris, welcome. >> hello. >> we went on to say he can use the phone to call leaders who are involved in non-profits and help better the situation of people across the country. just a general think to tell everybody what the phone is for. >> that is what a phone does. i think this is the like the presidency of i am smart and i think do things.

i think call people and sign stuff. but this is basically what the president has been talking about for, i don't know, three years. i can do things. i am very powerful. he tried to pack his labor board with pro-union supporters. his lame duck status is in doubt now. just consider this fact: he is going to north carolina today. where it was a swing or blue state. and his own democratic senator from the state won't go with him. kay hagan is facing long odds of

reelection with obamacare. she will not meet with him in public. >> her name was the first put on the radar after obamacare as being someone who was vulinable because of it. also an interesting moment, with the comment about the miami heat from the president. >> this group has now won twice. but has gone to the final three time. and sometimes it feels like they are still fighting for a little respect. i can relate to that. >> light moment. trying to make a joke. any deeper meaning? >> it is difficult to go president of the united states. i am sure there are days when obama wonders why he isn't at

hawaii versus bragging about his pen and phone. >> visit our politics page and you can get chris' daily news letter. >> there is always text message as well. house lawmakers are expected to pass a $1.1 trillion spending bill and roll back to sequester parts to the pentagon and other programs. the senate is expected to approve that by the end of the week. a hearing getting underway examining the story on terror saying it is on the run despite hard evidence showing al qaeda is spreading like wildfire in parts of the world.

mike is live on the hill. >> michael mchale is talking about al qaeda fighting surging and how al qaeda is in the areas where the americans fought to free the area. he is going to talk about the situation in syria where they are attracting people from all over to come in and how al qaeda is engulfing much of the reason. >> you mention africa and other hot spots. who are the experts that will testify about the status of the group? >> former connecticut senator,

former general jack keen the former chief of the united states army. not a partisan bunch. people are impeccable security background. >> thank you, mike. >> now to a heartbreaking story from texas. the husband of his woman is suing a fort worth hospital to have her removed from live support. the 33-year-old is legally brain dead and also 22-weeks pregnant. how did we get here? how did this start?

>> this is one that tugs at your heart. it started when this 33-year-old mother was found unconscious. her home run eric, and her parents, want her taken off life support because they say being on it against her wishes and the likelihood of the fetus surviving is low. the problem is texas law p prevents doctors from pulling live support from a pregnant patient. >> every day we have patients

and families who have to make difficult decisions. and in everyone of those cases, our position is jps and the health care system doesn't change. we follow the law. >> now the family is suing the hospital with hope as judge will com pel the medical providers to withdraw the life support. >> it has a lot of people fired up about the case. >> the pro-life side is arguing they can take her off once the baby is delivered. priest for life released this

statement and i am quoting the lawsuit launched is nothing more than an attempt to kill his life and unborn child. it is sad mockery of fatherhood and love, life and law. this is in the judge's hands for now. we will have to wait and see what he decides. >> another stunning new report contradicting the white house's story on benghazi. what it says what went wrong, who was responsible, and the administration's failure to respond. jason is live on that reaction next. >> and there is this -- >> the fact is the president is taking his eye off the ball. and off of the issues of jobs >> republican leaders now slamming the president over what he calls his number one priority: the economy. but is the white house the problem? some think. we will have a panel to debate

that. >> and what do you think about the latest nsa reports? they are using radio waves to spy on computers around the world. does that stop terrorist or cross the line? send us your thoughts on twitter and we will your ideas and thoughts a bit later. thoughts a bit later. [ woman #1 ] why do i cook? 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. eating healthier,tion byatever the reason. whatever the dish. drinking plenty of water, but still not getting relief? try dulcolax laxative tablets. dulcolax is comfort-coated for gentle, over-night relief. dulcolax. predictable over-night relief you can count on.

>> federal jumming judge putting a stop to the payout for concussions in the nfl. the league agreed to a massive settlement with 4800 players saying they suffered brain damage. the judge is worried the money will fall short if more claims

come through. breaking news on benghazi as the senate intelligence committee has released a report they have been working on. in the report, it is 85 pages long, it criticizes the obama administration for the attack that killed four americans including our ambassador chris stevens. al qaeda has established in libya before the tragic part. the claims contradict the narrative that are coming from the white house. joining me is a utah congressman who has been trying to get answers. >> good morning. >> let's look at what is in

here. we heard from catherine who is culling through the information. and one of the things she said is news here. she said there was a dia report in july of 2012 that there was an establish. earne earneiearnesi -- establishment there in libya. >> there were 300 incidents of security attacked there in benghazi. al qaeda was flying flags. and there are you tube videos of parades with al qaeda ties to it. i am glad they put this out publically with the democrats a strong presence. they had the motive, the

personal and the facilities to be there. >> when you look back at that and you think about the pleas that ambassador stevens made for security. the british embassy was attacked and they pulled their diplomat out. why wouldn't you? it begs the question why wouldn't you pull out or provide more backup or have a plan? the military didn't have a man to get in there. >> april 6th it was bombed. in june it was bombed. the red cross had been attacked.

under hilary clinton's watch they wanted to expand but they were not able to keep the personal they will. this attack was preventable. what they wanted to do in the state department was normalize as much as possible. she testified the people on the ground made the security decision. that was never the case. the regional security officer was asking and pleading for more resources. the ambassador wanted more. they diminished security. that is coming from a democrat. >> no arrest still. no answers.

what is is going on? >> we have this person at gitmo and they release him. and now he is tied to the attack in benghazi and the u.s. media can go over and talk to these people. we are well past a year and we have no arrest. no body has been captured or killed. it took the fbi 21 days to get to benghazi to do this. it is so demeaning for the president and spokesperson to label this as a quote unquote phony scandal. >> you look at the people fired up over a traffic jam and you wonder where the answers are. we remember the president moved by the loss of life and promising to the families he would fine the people who did

this act. >> all of the stuff james rosen and jennifer griffin saying everybody knew about it. google knows a ton about what you like and google. and now a new way to have google in your home. >> and a delay is shown in reaching the victim of a deadly carjacking at a new jersey mall. is there a lawsuit in the works? >> we called the ambulance half an hour ago. where are they? >> when!

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>> we have been listening to the terrifying call from the 911 in the parking lot of the new jersey shopping mall. you think hear the victim's wife calling for help and you can hear her being told that helped arrived >> is this an emergency? >> yes, it is an emergency. my husband has been shot and we called them half an hour ago. where are they? >> they are at the mall trying to get to you. >> where are they? >> speak with the officers. >> it is really tough to listen to. the entrance to the parking lot was too low.

is a lawsuit next? keith sullivan is a criminal defense attorney is is here. is this criminal or civil? >> a criminal case. you knew she was watching her loved one die so hopefully in the criminal case they are prosecuted and held acounterable. civilly is a different story. ambulance crew and the first one. and just like here in new york they owe a duty to everybody. those emergency services owe a duty to everyone and therefore no one. >> were they employed by the town or volunteer? >> they were a volunteer ambulance crew. they owe less of a duty than a

municip municipal. >> can say sue? >> anybody can sue. but where you have liability might be the shopping mall. the garage prevented emergency vehicles from getting in and it will be interesting to see if there is a violation. carjackings in that area have increased 400 percent. >> in the shopping mall had they increased? or in the town itself? >> both. but the statistics are driven from the surrounding areas but the numbers show it was the shopping area itself. so 400 percent increase in car

ja carjackings. they had to warn people. >> how would they do that? >> more pro-active with security. that car was passing available spots and what they were doing in the garage? they could have prevented that. >> you are a defense attorney, too. can you win a case if you are going to bring a charge there wasn't a prompt response? >> that is difficult because you need duty in a sbl case, breach of the duty, and causation. assuming there was a duty it is difficult to say someone who was shot would have lived if the response was 12 minutes versus

30. >> this grieving wife you hear on the 911 call said it took about 30 minutes and you can hear the grief she is going through. the 911 dispatchers says it was 18 minutes. but we will keep an eye on your point regarding the shopping mall. >> when president obama came into the office he said he inherited a terrible u.s. economy and blaming that on bush. now the house speaker boehner says he is the only one to blame. >> and there is this -- >> how is that to wake you up? you will not bleeven what this guy was doing in the water.

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>> republican leaders hitting obama hard after the abysmal job report. house boehner is leading the

charge. >> we were reminded why the american people continue to ask where are the jobs. the president has taken his eye off of the issue of jobs. what the unemployed want nothing more in the struggling economy the chance at a good job. >> he has been talking about that for years now. alan combs is here. hello. >> hi. >> and editor of fox and friends weekend, tucker, good morning to you. where is the bow tie? >> i may bring it back. >> maybe you should. >> i will wear one next time. >> tucker, republicans believe this is a winning-bet and winning-issues; is it? >> it is a true statement that the unemployment rate is high and appalling.

does it move the numbers? obamacare is likely to move voters more is my personal sense. the labor force precipitation for black men in america is the lowest it has ever been. does that obama is going to do poorly among the black voters? probably not. you cannot be upset about immigration and argue for them to get better benefitsfelt >> you are squishy on this? >> i think obamacare works better as a campaign issue. >> we are not loosing 850,000 jobs and not gaining as quickly as we should because i would long them to do a more robust plan and start a public work program and do what fdr did. that is what i wish the democrats did.

but the economic indicators are getting better and better. although there wasn't enough jobs created. you are taking one month out of a 4-5 year program. you want to run on the economy, people are starting to like and get obamacare >> both of you mentioned that. x the economy and obamacare. this poll came out asking what should the president focus on and the economy is up there and health care is down there. >> this ought to be the argument: if the president cares about the economy and the unemployment rate why is he pushing for millions of low-skill workers coming in. he wants more voters. it has everything to do with

solidifying his political power. >> if that were true, republicans should appeal to them. they are good for the economy. >> here is where we are on the economy, apparently, there is an internal polling done by the speaker's office and they found they have crossed the rubicon and it is no longer blame bush. >> how about the republicans come up with a jobs plan? all we have heard since regan is trickle down and make the rich richer and that will trickle down to the poor. no. give the poor the money. give them more opportunity. give them the jobs and that trickles up. >> you are making an argument from decades ago.

the rich fine. it is the middle class that is in trouble. >> what is the republican job's plan? >> i have no clue what the republicans are planning. i am not here to defend the republicans. the obama administration has further hurt the middle class. that is a fact that is provable. >> the problem with republicans is they keep knocking obama, but they are not offering another plan. they have to do more than saying obama is doing a terrible job. >> how about this: don't let in millions of further workers to take the jobs. >> i have to run, guys. i have to respect the producers

and my cohost. >> this stunt takes a fear fatal turn in australia. watch this. oh, my. who would think that would happen? two brothers on the water shooting a video and one jumps in with only a bird cage. comes face to face with a tiger shark. his wife isn't as for giving. >> i say mama didn't raise a dummy but in that case she did. >> there is one in every family. >> police raiding justin

beiber's multi-million mansion after reports of the pop star egging his neighbor's home. but cops found worse than that. >> and how a family pet parrot saved their life >> they may see him in a different view. >> he has a home now. we were lucky to have him there.

>> police raiding justin beiber's home and found drugs descri described as being out in the open. they thought it was cocaine but it is being tested. his friend was arrested. >> it is felony crime throwing the eggs because of the amount of damage. it makes you feel like it is

lower level crime but a felony is a felony and this crime rose in the section and the a judge signed a search warrant saying we should get the information. >> they were saying the surveillance camera might show evidence he was tied to the vandalism. >> how are we doing fixing the broken education system? 15-year-old students show below their counterparts with 35 countries higher in math, 27 science, 23 in reading. and we used to be at the top all of the list. one small school in new jersey has had an impact on the reform. >> when i first came here i was

shy. >> i was the quite girl in the back room >> when i first came i was a child. >> i can speak more and voice my opinion more. >> they brought something like that out of me i didn't think i had which was being me >> the link community school spawn some of the strongest leaders in the charter movement across the united states. they study this academic and core values status. what are they doing right? we want to get to the core of these policies. we have a former link principle and teacher and the denver

school of science and technology founder. welcome. good to have you both here. >> thank you. >> good to be here >> bill, first, you heard the introduction and what is it about the core values that made this a successful model that so many of you carried across the country? >> i think they looked at a devastating problem in newark which was finding a way to educate children in the world class way and over the last 30 years this little school has found an innovative way to address the greatest need in the country. and like many education efforts we don't have all of the answers. but we do need to try things and innovate and to take this challenge head-on. this little school i was a privilege to be a part of has

done a different way of responding and now the leaders are thinking differently. >> there is a great picture of you jaime. i have spent time in link in newark and i like to bring attention to it. and there are many schools out there with a similar background and that is terrific. i notice the core values and discipline that is enforced so to speak in this environment, the monday morning meeting with the kids gather in the meeting and if they are late they have to apologize to the group around them. these elements used to exist in public schools. but they don't seem to anymore. how much element is there? >> culture is the main thing. you have to build a culture that will strengthen core values so the culture can be reinforced

and then be a platform for learning. >> kid like it? >> they want to feel safe and focus on their learning. and feeling you are in a place you belong and are cared for makes a difference. >> i think the public school system and the teacher's union were like charters schools are nice. but now there is tension, right? >> we have such a colossal problem in the country with giving a world class education that we are focused on coming together and doing the things

link does. giving them a goal to work, too. charters are contributing to the movement nationally in term of changing the reality. they are building a foundation for the future in the country where all kids can achieve great things. >> the evidence is clear. a lot of people are voting with their feet and moving toward these schools and putting their kids into the lotteries and trying to get them in. it speaks to great testament to folks like you who are trying to make a difference. good to see you both. >> john scott is standing by. happening now starts in 12 minutes. >> bill, good morning to you,

there is more news on the benghazi report. the 85-page report is out. it says the attack was preventable. and another delay in obamacare. and what the iran deal includes. and hard core exercise and why it is better for those long in the tooth than one thought. >> see you then, john. is google trying to get in your home through more than a computer? what a multi billion acscission could mean to you.

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>> an unusual hero saves a fami family from a fire: their peop. >> the bird sounded like it was in fear for its life. it was desperate. i think it new something was wrong. >> they smelled smoke who they checked on him and crews were able to put it out. get yourself a guard parrot. >> google knows plenty about us and now they plan to learn more

from a thermostat in your house. we have lance here and good morning to you. the system is called nest. google is going to buy it and paying a lot of money -- $3.2 billion. nest does what? >> it is smart thermostat. it is round with an lcd screen. it learns your habits and watches you and the idea is to save money. >> you could go on your i-phone or smart phone and put it higher or lower, right? >> i have one at home. i have done that. you do it right there and because it is connecconnected t internet that works. >> but if google has access to

your thermostat what else are they capable of gleaming. >> it is powerful technology that does a lot more than what it is doing. it can see when you are there. that is how it does some of the smarts. so it is connected to google's database maybe it will say it is almost dinner do you want us to order a pizza? it is the worlds biggest and powerful database and knows the most about everybody connected to one of the best smart devices. >> what to you mean it sees you? there is a censor? >> when i walk by it, it lights up and shows me the temperature right now. and it uses that to know if no

one is in the house let's lower the temperature. >> do you see it as invasive? >> i see it is as smart. >> do you want someone else to know when you are home and not? and who knows what else? >> it is closed loop right now. just the device knows these things. but if google starts connecting in a powerful way how much can they know about devices that can watch you. they can't really see you. >> it gives google a view of how people live in the physical world not just online. that is a big difference. >> the so-called physical grasp offense course they want to help, not hurt.

some people can be a little freaked out. >> have you heard about this delay for obamacare? democrats are sure to feel the heat. new ads coming out targeting their support for the health care law ahead of the midterm elections.

♪ bill: like halloween there. jim any fallon and bruce springsteen doing imitation of bruce springsteen. for the record i thought fallon was more springsteen than springsteen. martha: spring steen on the left if you haven't figured that out. governor and springsteen have a long complicated relationship. they became friends.

i don't know about that one. we'll see. bill: kind of like they wrote it backstage when they walked out there. martha: thanks, guys we'll see you on the radio coming up. "happening now" starts right now. bye-bye. jenna: today's top headlines and brand new stories you will see here first. jon: another day, another delay for obamacare. who is the getting the extension and why. new reaction to the report that the nsa uses secret technology to spy on computers around the world, even those not connected to the internet. plus a drug put at justin bieber's home? what police turned up and the legal trouble the beebs could be facing. it is all "happening now." jon: and we begin on this wednesday with a new detail for obamacare. hello, i'm jon scott. jenna: hopeou