alive. he department have to put the plane on the ground in a crowded new york city. >> we appreciate that. and i bet you can a lot more. >> he did an amazing job. he did. thanks for joining us. >> have a great day. america nows headquarters starts right now. thanks, guys, the president's remarks on the economy on the stump in raliegh, north carolina. welcome to hq. i am bill hemmer. >> and i am alisyn camerota. it is the president's first trip outside of the beltway. there will be a noticeable absence. democratic senator skipping theentious vent to stay in dc. brett hume is the analyst. great to see you. >> thank you, alisyn. >> should we read going to senator hagan skipping this? >> yes, she is in trouble and obama care and the president is

the reason for it. it happens all of the time. she's staying away from the event because the senate is in season. last time the senate was in session and she managed to go to the event with north carolina and got herself back to washington i don't think that explanation holds water. >> she said she would be honored for the president to campaign for her. and how do democrats will handle the president on the stump? will they distance themselves from him and how far will they distance themselves. it is a pickle for them. >> if you are running in for reelection in a state that the president is unpopular. you don't want a bunch of video of you and you can't go sit unnoticed. you have to be up on the platform with him, and you have to have an exchange with him.

and that places you in visually close to him. you don't want that image and you do what you can to avoid it. you are happy to have him campaign. but more importantly really, something that all presidents can do, raise money. no matter how unpopular a president may be nationally or broadly speaking with the electorate. the presidents are fund-raising super stars in their own parties. i imagine what president obama does or doesn't do for senator hagan he can raise money and i suspect she would be happy for that to happen. >> talking about the substance of the speech. it is hard hit and many voters lost their jobs. what can the president say to them today? >> i will be interested to see. the unemployment rate in north

carolina in the november number was slightly above the national average and about on par with what is experienced elsewhere. i suspect he will take about the various initiatives he has and he thinks will help the situation. he may talk about the need it extend unemployment compensation and so on and that may have mileage in north carolina. i think it is a state that is troubled for him and his party. >> he will talk about manufacturing and in terms of the things that north carolina brings to the country, education and science. does he need to lay out a plan today? this is his first foray outside of the beltway in a key election year. does he need to say something specific? >> well, maybe. i am not sure how much difference it will make. the big one is the forth coming state of the union address in which he will presumably set forth an agenda and see how much it has to do with the things he

can do without congress. there is not much he can do with congress as longs he insists on policies that are democrat policy. he would have to do things to get through the house of representatives. and he doesn't seem willing to do that. he talks about how he has a pin and he can sign executive orders and so forth. it is something to find out how much he thinks he can do without acts of congress. >> absolutely, we'll be debating his comments about a pen and a phone coming up in the show. and we'll keep an eye out for the president and all of this is streaming live on fox news.com. >> thanks, alley. >> the maria contrarez sweat is the founder and chair of a bank in los angeles. she brings a mix and known for being a strong champion of small

business. >> meanwhile alisyn the white house pushing back another obama care dead line. giving people with preexisting dead lines a two- month extension to sign up for coverage. melissa francis on the fox business network. good day to you. >> good day to you. >> another day and they are really buying time on a lot of this implementation. >> this is a serious combroup of individuals. folks where preexisting conditions. right now they are receiving health care and hundreds of thousands of them through a federally funded risk pool. people who desperately need insurance. they get together in one risk pool and this is going on in 35 different states. and the goal of obama care to move them together off of those programs that it they are on right now. and move them from those plans to obama care. which is the federal website. and that is not happening? >> no, no, it is not. they are experiencing the same

problems that everybody else is. imagine if you are going through chemo therapy and the idea that you might sign up for insurance and may not have seened up for it after all, that is terfoying than for a regular person. you are undergoing at the time very expensive treatment. if there is a gap in your coverage and you are getting chemo therapy and can you imagine the bill? >> and the anxiety that goes along with it. does the delay smooth the transition at all and are we seeing that or not? >> depends on the programmers and if they can get the site solid. pushing it off to march 15th. it is two months in terms of the website and what we have seen happen. that is a big extension. we'll so what happens between now and then. it is a serious group of people who needs their coverage. and for those of them that already had it, they don't want to risk it. >> listening on both sides of

the political aisle they were targeted from the beginning. the state of maryland is doing something funky. they will not allow their insurance patients to go on the federal website is this >> basically. they have their own state run plan. we heard about the websites that are just for the states, working better than the federal website. they were heading down the path. but the state website run into a lot of trouble. they were considering the idea of maybe just migrating over to the federal website and then the governor looked at that and said we are giving up one set of problems for another. and the cost ratio is not good. they insteaded to push back their dead line as well. they have succeeded in signing up 60,000 people for medicaid. >> that is not a vote of confidence? >> they haven't had a lot of progress. but they are looking at the federal website not solving the problem. >> that is so bad.

don't go near it. >> 5 o'clock p.m. on fox business. >> she is even more money then. >> great to so you. the new york times is reporting that the democrats are anxious about an onslaught of television ads. americans for prosperity financed in part by the coke brothers spent an estimated 20 million on television and they say they are willing to spend more. fox news alert now. details revealed today about bej beng. a senate report saying that the deadly terror attack could have been prevented entirely. ambassador steph eens and three others killed that night. what haveou found in that report, catherine? >> this bipartisan report bite senate intelligence committee concludes that benghazi was

a terrorist event. a third group led by a guantanamo detainey and a fourth member from egypt and pakistan. in reason individuals affiliated with terrorist groups including ak a m and the an sara l- sharia and a qa p and mohammed jammet network participated in the attacks. the detainees was among the ring leaders and among the attack. a fact first reported by fox news within two weeks of the assault. >> we've not captured anybody and interrogated anybody relative to the exact roles, but just based on the information that we have picked up from signals and intelligence and

other parties. he was involved in the planning of this. >> is he a member of al-qaeda? >> he is a member of a group affiliated with al-qaeda and so in my mind that makes him al-qaeda. >> the report concludes there were assessments by the cia and defense intelligence agency before the attack and for these reasons the attack was preventible and the state department refused to act. it was known almost immediately that the attack did not grow out of a protest in the consulate and that information was not shared and information was minimized. and fox news was told that the state department blocked access to witnesses and documents that lead to what mrs. clinton and the white house anyhow in advaps and on the day of the assault. >> catherine, thank you. >> you're welcome. >> we'll have more from

catherine. and while we have our eyes on al-qaeda about trying to keep track of the terror group after one of america's top counter terrorism groups said al-qaeda dropped off of the rad rar and blamed the nsa leaks. >> and hundreds of thousands of damage and today, how did they gain access to a building and what police are saying about the suspects. plus there is this, watch. all right. that fisherman thought he was going to die. his close encounter with a shark. >> he's no brain surgeon. not even close. oh!

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there is section of vandals that caused thousands of dollars of damage to a high school in new jersey e. computers and musical ininstruments were

trashed and some of the property burned by small fires and drenched by the water in the sprinkles. the guilty were caught on the school security camera running through the hallway, the day this happen. they may not get far. also the president has begun speaking in north carolina. as promised we would alert you when he was live from nc state university in raliegh, north carolina. you can watch it streaming live on fox news.com and we'll listen for head lines. meanwhile the house homeland security committee holding hearings on al-qaeda. a al-qaeda has dropped off the rad rar and they blame the nsa leaks. ralph peters has interacted with nsa personnel. >> great to see you, alisyn. >> you, too, this was a bombshell from the head of the

national counter terrorism center who told the intelligence committee they are no longer picking up chatter from al-qaeda and he blames the nsa leaks. al-qaeda was alerted to the method that counter terrorism officials are using. what do you make of this? >> edward snowden self rightous leaks harmed hundreds of billions worth of black programs and other programs. and they have done no good for anybody what so ever and for nsa and the intelligence committee to admit it is that much damage. it is a big deal. we can be mum and don't want to confirm it and confirm that al-qaeda is getting away with murder again. within the community it is no secret that the rats went deeper underground because of edward snowden compromised the source of methods. what we can analyze and done

harm not only to nsa but security. and alisyn if i may say so, so many comment attors railing about nsa never worked with those people and know nothing about it. people who work in nsa have an higher average iq than you find in the harvard camp buts. they are dedicated patriots and i can't say the same about the people in the media and on capitol hill who are opornewivityically attacking them. >> ralph, don't we need to somehow balance our need for national security and not the being the victims of a terrorist attack with our deep sdoir for privacy and not swept up in a big net? >> of course, and we are balancing that. the senate and the house oversight committees, really, in everything that the nsa does, was approved in advance, briefed and approved by members of

congress. there is tremendous over sight. and yet, you have members of congress who are dishonest and saying i am hock shocked. and then mad cap talk show hosts who know nothing. nsa is watching you fornicate. google might be but nsa isn't. we have to have high-tech weapons if we fight the high- tech capabilities of our enemies. alisyn here is the bottom line. 110 americans may have been targeted by target credit card breaches. but can anyone name one american citizen who is harmed by a single nsa program? no one on the hill or media can give me a single name. >> back to al-qaeda for a second. if they changed their tactics and no longer using their cell phones and the internet and dropped off the radar as the counter terrorism officials say.

what are they doing? >> the problem is we don't know because they have dropped off. suddenly there are blank spaces in the maps and before the snowden revelation we plotted and dealing with them. it will slow them down because they are relying on couriers and complex routing. but it definitely is harder to safe guard americans. i mean, alisyn, i moean, i workd in that world and paid my dues in that world and none of edsnowden's revelations helped any single law- abiding american and kept us safer. if you want to worry about privacy, you worry about google and facebook and twitter and amazon and target. the nsa people are patriots keeping us safe. and big tex view, it is okay for

big tech to have the intimate details in our lives and nsa can use any data to protect americans. >> what do you want to see happen to edsnowden. >> it is unprintable and medevial. i want ed snowden to face justice and see what the constitution and jury of his peers have to say. >> thank you for sharing your perspective. there is a theme emerging in the case of a retired cop shooting another man in the theater before the main event began. >> and surveillance video capturing a suspected arsonist in the act and then there is this. >> that there is not real, camerota. >> i am terrified. >> that is a prank.

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police in san jose, california asking for the public's help after a homeowner captured the arsonist on security camera he is setting a fire on the porch of this house while the family is sleeping inside. and he comes back three times to make sure that that the house goes up in flames and luckily no one was injured. >> folks in southern california dealing with fire and strong

santa ana winds and making trouble system wildfires worse. >> the fire spreads quickly and it can encounter your house in a minute. and i had dogs at home and it was frightening and it is windy and still has hot spots which is scary. >> william knows this in l.a. it is that time of year, william. how is it going? >> reporter: fires this time of year are a by-product of unprecedented conditions. we are in the middle of the rainy season and yet we had a brushfire in hollywood this morning. look at the fire in santa monica. the only way in and out of malibu to a stand still and adding hours for a simple commute for many in west la and even in northern california. and yet a brushfire destroyed three homes and forced the evacuation of a small island

between sacramento and san francisco. the recipe is high winds and dry conditions and governor brown is expected to declare a drought emergency after the driest year on record of 2013. nnext year we could even lose our orchards. that is a daunting thought. i have farmed 28 years and to lose all of that puts me out of business. >> it is a very anxious and difficult time. so, we, we are praying for rain. >> reporter: california gross more fruit and vegetables than any other state. and the sierra snow pack is down 80 percent. worst on record. record lows on the rivers mean that salmon can't spawn and threatering the

fishery. and even the mighty colorado river is a trickle of mud and suffering through 14 years of drought. without rain there is no grass for the livestock and feed is too expensive. cattlemen are selling off the herds. why do you care? food prices if farmers get five percent of the water. if you are on the east coast or west, you will pay more for your food bill come this spring. >> william, we'll watch it. thank you from los angeles. >> bill, you have to see this next video. you never know what you will see on the streets of new york city, even what is in a baby carriage may not be what you are expecting. (crying) that's the scariest thing we have seen in a long time.

that is a real demon baby. >> no, it is not. it is a remote creation terrifying unsuspecting people on the streets and while hidden cameras capture their reaction. it was more than a prank. this stunt was a viral promotion for this weekend's horror movie the devil's due. it is a 20th century fox film. and so that baby is our sibling. carey as nothing on that kid. spin it around. crazy baby. >> what is the best prank you have ever seen? >> send me a tweet at bill hemmer. >> do you have one in mind? >> i have a couple. >> i can't wait to hear. send them to me@alisyn camerota. >> the president said he has a pen and not afraid to use it. is executive action the only way to get it done in dc. >> the super bowl this year high

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time now for a quick check of the headlines, president obama speaking now in the university of north carolina. he's just finishing and as we can see he is walking off of the podium and off of the stage. you can see the entire speech, it was streaming live on fox news.com. the fda recommending health professional stop prescribing high doses of acetaminophen. citing live damage. >> today marks five years since the miracle on the hudson. captain sully sullen berger making the split decision to land the plane on the icy river. it was on this day after the geese were sucked in the engine. today captain sullen berger and crew are expected to join the ferry crew that rescued them coming up. you will so the reunion on the banks. hudson river live.

>> i remember running over there. and to see a plane on a river, on the hudson in january and then to see those people climb out on the wing and everything is okay. >> what a miracle. >> that was a great day in new york city. and a a great day in america. well done, sully and crew. >> we are not just going to be waiting for legislation in order to make sure that we are providing americans the help they need. i have a pen i have a phone and i can use that pen to sign executive orders and take executive actions and admen administrative actions that move the ball forward. >> that was president obama, showing frustration that congress has not acted on unemployment. >> he is threatening executive action to unite a deeply divided dc. we have crustin powers and

columnist for the daily baeft. welcome to both of you. >> hello. >> he said i have a pep and a phone and he will use executive orders to get around the obstructionism in congress; is that the right approach? >> he doesn't have a lot of other options. he will not get anything done with congress. that said, there is not a lot he can do through executive order. i think he is trying to suggest that he's going to get things done to spur the economy. but he is very limited in what is available in that realm and the kinds of things that are tossed around as possibility are not the things that will turn around an economy such as an inneragency task force on competitiveness and small bureaucratic changes, that is not going to do the job. >> brad, there is not a lot of arrows in the quiver? >> i disagree, i think there is

a lot of arrows and the president a mended law by executive order and administrative directive and law. the president motus oprand i. you tonight like it sue me. the president said i upon not waiting for congress. president's don't wait forss to president's lead congress to action. that issa i difference. the president saying if i don't get what i want, i will do it in executive order and there is i limit to presidential power. >> there is a interesting gall up poll out there today. what it found, when asked americans what they consider to be the most important problem facing the u.s., the number one thing, and the most popular is dissatisfaction with government and politicians. so the president going around congress, is that solving that problem or is that more of the same of that problem? >> well, you got to it remember,

congress is part of the government, and people are not just upset with the president, they are upset with congress as well. there are people who would be fine with him going around congress as long as it is legal. brad raised the issue of executive orders and then sued for them and department give examples of what he would do that would be executive order and illegal for the economy. the things talked about are legal and clearly not going to spur the economy. it might make them feel good and say we set up an inner- agency task force or create a consummer protection anxious. they will not do what they want to do like getting a stimulus package. >> brad, we'll move to you in the 30 seconds left. the statement makes him seem impatient man. this is from the a p cbs story and approach echoes of obama's

we can't wait campaign that show obama. >> where do you accepts the impatience, brad. in the website? >> i sense. >> it took six weeks to talk with? >> i think the president is impettous more than impatient. he believes that congress is there to act in his behalf. we heard it in his statement that i can't wait for congress to act. so this president who promised bipartisanship went around congress because he doesn't feel he needs captaining. i will give an example of administrative rules in a mending the obama care law and telling businesses they have a year to wait when individuals don't. one- sixth of this economy. >> i asked what he would do to spur the economy. and what would he do that is illegal to it spur the economy. >> anything that he does that

should have been done by an act of congress and he chooses to do by administrative it unconstitutional. and they are lining up in courtroom to challenge him on epa regulations and taxation and obama care and the list goes on. >> kirsten, you want a quick response to that? >> it is the same thing. obama has not suggested he's going to do that each brad thinks is illegal. setting up task forces or consumer protection agencies which is all i heard stuszed is by any measure illegal or outside of role'm of what an executive. >> you also say it is not that affective. >> we'll see what the president has in mind. >> keep your pens handy. super bowl is right around the corner and you can catch the big game on the local fox statement. >> and law enforcement from the

fbi holding a conference right now in the security on the stadiumment rick is there. what have they told you, rick? >> reporter: bill, more than 100 state and local aenlss are handling security for the super bowl but the new jersey state police is uniquely qualified for the job. met life stadium has a home game every weekend of the season because of the jets and giants both playing here. and the new jersey state police handle security for everyone of those games. they are preparing and have been preparing for years and getting ready for this year's super pole. we heard from them they have assets on the air, land and sea. and there is water nearby the stadium and they have a swat team that is drilling and divers and aviation and marine units and extensive training for a variety of scenarios and done a lot of traveling and been to the last three super bowls and learned what they could there.

we heard more on that from the colonel of the new jersey state police. >> we looked closely at the super bowls for selfish reasons we have stolen everything that went right. it is always for an eye and looking on what is exactly what we can improve upon. >> reporter: if you are one of those people lucky enough to attend a super bowl and not a regular season game, there is a long list of items you can't brick. alcohol, banners and beach balls and food, footballs and fireworks and umbrellas and weapons, knives or explosives. and that may seem obvious, but the fbi is among the agencies watching for explosives. they will be manning a joint operation center a week before the game. 24 hours i day with an intel analyst watching for any and all signs that there may be a terror attack or planned for a terror attack. and the fbi is among the agencies and running through

a bunch of scenarios and hope and believe that none of those will be necessary. but they are fully prepared for this game. >> thank you, rick, there in new jersey, the game last year was in new orleans. and walking in with members was chris christy's team to make sure they were taking notes and making sure everything went. no frisbees in february. >> is that right. that will be a huge loss for everyone who wants to tail gate. up next, the new defense used by the alleged shooter who killed a man in a movie theater reportedly over texting. >> that is on the docket for a legal panel and that is next. >> to have a retired police officer, i don't know what he was thinking at the time, but i can tell you that anybody over and over, cell phone. over somebody texting and to take their life, that is ridiculous.

>> time to check in with gretchen carlsson. >> hi, gieshgs, who is in charge of forcing you to sign up for obama care? the same irs that targeted conservative sgroups blew your money on line dancing groups. plus is new jersey governor chris christie a leader or a bully. a new poll reveals the answer. fcc gets an earful on cell phones and plains. captain sully returns to the hudson five years after the heroic landing there. >> it is a great story. see you then. >> now the case of the retired policemen accused of shooting a fellow movie goer in a tex message. >> the attorney for 71-year-old curtis reeves said his client feared for his life after he was hit in the face by popcorn. the accused could try to invoke

florida's controversial stand your ground law. joining us now is two prosecutor. fred, let me start with you. the defendant told police that he was in fear of being attacked and that's why he opened fire and shot the victim. art, isn't everyone in foreof being attacked and many people when they shoot someone else. what do you think of that defense? >> first of all, i scour the case and i don't find a case where popcorn is deemed to be a deadly weapon. what this guy did was outrageous. the second amendment is a giving us the right to hold firearms but it is a huge responsibility. when you carry a fire arm, you better get your but the beat up a bit before you return deadly force. that is inappropriate. if that is the defense in this case he has no chance on that. snrgs faith, you are a prosecutor, too.

>> right. >> could you see how he defended himself. dark theater and strangers all around him. >> this is not a who done it. he has to put forth a defense. there is a lot of independent eyewitnesss. but he used to be a police officer. that means he's had professional training and experience on how to use firearms when you use deadly force and exercising restraint in the use of deadly force. he has more training and experience than the average citizen. that will be used against him. >> you are not buying it either? >> absolutely not. there was no evidence of imminent fear. >> we don't know that. >> bill, we don't know. that i am not defending him. but we don't know all of the facts here. >> we don't know all of the facts, but i have looked at enough of these cases early on and often times things pop up. but under the circumstances a guy with a young child texting

prior to the time the show came on and the previews and the police officer provoked an argument. the fact of the matter irrespective and unless someone said a fire arm was presented at him or black jack or something like sxa and deadly force was imminent, absent that which we have seen nothing of. this guy's defense is wrong. >> some people are believing that he may try to invoke the stand your ground defense and he felt his life was in danger. you have to reasonably fear for your life, what do you think? >> there is no duty to retreat. but the key word is reasonable. you have to be reasonable in your fear. and it is an accountive standard. would a person reasonably fear for their life? there is no evidence based on the eyewitness that this guy was hit by a punch. there was not a punch thrown. you can't just pull out a gun

and shoot someone else because you want to. >> it is it a bizarre story. thank you. >> law makers want answers after the security breach that affected affected millions of americans shopping at target over the holidays. will they get them? we're about to find out. >> an attempt to swim with the sharks using a birdcage for protection. how did that work out? >> not well.

crazy stunt takes a near fatal turn in australia. two brothers out on the water shooting a video for their website when one of them jumps in with only a birdcage for protection. he came face-to-face with an 8 foot tiger shark. he manages to fight off the shark and jump back in the boat. now that he's survived the close

encounter, he says his wife is not as for giving. >> i bet. come on. >> don't do that. >> really? >> do not do that. >> demand for answers now after a security breach that affected tens of millions of target customers and there could be payback. emack of fox business network. elizabeth. >> good to be with you. the heads of four congressional committees are now demanding into customers' et after the debit and credit cards. as many as 70 million accounts may have been breached. we have two congressmen threatening to hold hearings, the outcome of which may result in brand-new rules tight think retail and commercial use of plastic data. all this means target executives may well have to make a trip to washington bill clinton. elected officials bearing down on target includes senator john

rockefeller. he's chairman of the senate commerce committee. also senator claire mccaskill head of a subcommittee on consumer protection. democrats on financial services committee are demanding hearings into target and so is representative elijah cummings. he's the top democrat on the house oversight and government reform committee. represent cummings wants issa to shift away from security of federal government health insurance website and over to target arguing this is one of the biggest plastic breaches on record. meantime companies that help target process payments for credit and debit cards could face fines and higher costs as well as lawsuits. bill. >> more to come. thank you, elizabeth. >> sure. >> a hidden camera catches some people off-guard and scared out of their minds. what is the best prank you've ever seen. >> love it. still time to get creative. >> we've got a couple ideas,

don't want, camerota? >> we do. >> yes, indeed. >> you might share one of yours. >> have you pulled a prank or been a victim. >> both. >> dully noted. okay, listen up! i'm re-workin' the menu.

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we asked what the best prank you've seen and you answered. >> ed said i used to leave a note on the desk for someone to call elsie the cow at boardens. >> get it, elsie the cow. >> phony winning scratchoff tickets. it's classic and always works. where do you get a phony ticket. >> where is the video, robert -- or richard. robert? richard. so when you get that, send it and we'll all have a laugh. that baby was kind of freaky.

>> terrifying. >> that was scarier than the exorcist. >> very effective. >> thanks for watching us. i'm alisyn camerota. >> gretchen carlson and "the real story" now. on the "the real story," a number of new and developing stories. will the famed irs target conservative groups use your money on dancing videos, sign you up for obama care and penalize you. the deadly benghazi attack was preventible and the administration had warning. that and more. fcc getting an earful on the possibility of cell phones on planes. captain sully returns to the miracle on the hudson. it's been five years since his heroic landing.