>> i have a feeling. >> what about a little led zeppelin? >> good call. >> hayden fish -- aidan fisher, everybody. ♪ ♪ bill: don't stop, let him go. a friday fox news alert. are we about to see big change in the way the nsa collects your every digital move? the president is expected to release an overhaul of how your phone data is stored for millions of americans. that comes on the same day we are getting reports that the nsa is collecting hundreds hundreds of thousands of text messages every day. a wild fire east of l.a.

overnight they are expect the wind of 40 miles an hour. a lot of tension as the day breaks on the west coast and that wraps we start here. i'm bill hemmer. martha: i'm martha maccallum. thousands of people have been forced out of their homes and several homes have been damaged. >> my tax information is gone, everything. my clothes. i think [inaudible] >> we are surroundedly fire and fire actually kissed the back window of the house and started to burn itself. it was just maybe 10-15 seconds before the window melted. bill: all those people going through this. hundreds of wildfires and

firefighters battling the blaze on the ground and in the air. also getting word of an arrest. california, northeast of l.a. how does it look at:00 in the morning. the flames pretty high over that ridge. but given the conditions we have. temperatures in the 80s. snea wind continuing. these dry conditions. these communities in the foothill mountains did dodge a bullet. the evacuation has not been lifted in azusa. the wind picked up overnight. all the oxygen makes for a bigger fire, if you will. secondly it drives the fires, the embers forward.

no injuries, only five homes destroyed. that's amazing considering how this thing blah up yesterday going from zero to 125 acres in less than a mansion. the singer mansion that is a religious retreat, that was destroyed. but this made a beeline out of the angeles national forest into the subdivisions. it was like a pile of dead christmas trees. it hasn't burned out here in 35 years. there was a lot of dense brush. this was the only fire in southern california yesterday so we had all the assets. 700 to 1,000 firefighters. fixed wing, and two super scoopers. bill: is arson suspected anywhere? >> reporter: they already have an admission, if you will from three individual, three homeless

men all in their 20s were up in the angeles national forest. they said they were throwing paper into the fire. it got loose and started the fire. someone nearby saw the suspicious guys coming down the hill and they took them into custody. they say it was an accident. >> the three people in ski are three males in their 20s. they were up. they set a campfire. they were tossing papers into the campfire and a breeze kicked up and set this fire. >> reporter: it is on federal land so they could be facing federal charges. but we are having improving conditions, so hopefully things will get better throughout the day. bill: good reporting, william

lajeunesse. martha: the last major wild fire in the san gabriel mountains happened in 2009 and it burned for literally months. it tore -- it tore d it. bill: they different maps to show you depicting the story in california. these are red flag warnings you see in the entire state. lake tahoe, san jose. this is what shows the amount of drought. it had been rated prior to this week at 23%. it's now at 66%, 68%.

2/3 of the state, everything blocked out in red is considered a drought situation. william lajeunesse was reporting from right about here. los angeles is off to your left. the town of glenn doer today or azussa -- or azussa. you see the smoke trail to the west and southwest. that's the effect of these santa ana winds that come roaring down the canyons that bring sometimes 50-mile-an-hour wind and that's a difficult thing to get a handle on. that gives you a bit of perspective on what we are seeing in california. the reason for this. there is a high pressure system in the pacific northwest and it's just sitting there. so the js comes in and just keeps up going into canada. but normally in a regular year

they would be getting those storms and getting the moisture that brings snow for the rockies and rain for california, but not right now. martha: some new developments with obamacare and questions about how many people have actually signed up for and received coverage. administration officious telling law make -- administration officials saying it's unclear how many americans have signed up through the federal exchange who have actually paid for that coverage. watch this. >> the most important number that's been report bid many news outlets is whether individuals have paid. does the administration collect this information? >> right now we are not. but we'll be. >> when? >> as soon as that functionality is built.

>> we don't know at this point how many people have actually paid for coverage. >> that's right. martha: let's bring in charles payne of the fox business network. this is what we began the hear about shortly after the rollout. it looks like all these months later we still don't. >> the shock admission that the billing aspect of this is not in place which is a key con diet. if you go on the site and you attempt to buy understand and you find out it was sort of a potassium village, it never existed. it looked good on the outside. but there was nothing behind the wall to connect your initial payment to insurance. are you insured? it's beyond shock, about it also points to other things. we do know 79% of people who signed up are getting some form subsidy. that leaves a small pool of

actual people who are going to pay full price and we are not sure how many of them are paying. martha: he asked when. would you think the administration would want to know these numbers. there has to be somebody in some small room doing the math and collecting the checks. that's what this comes down to. how much money we have in our hand. >> reporter: obviously they are behind the eight ball. there are less than 25% of the demographic young people that they need to make this work across to you -- to make this work actuariarily. what does that mean an

additional tax, where? who? how? it won't pay for itself the way it's established. it will implode on itself. a lot of people watching this show will end up paying the bill. i like to start your weekend off right. bill: the trillion dollar spending bill on the desk of the president funding the government through september. mike emanuel says not a lot of drama this time, why not? >> reporter: it was 72-26 in the senate. bottom high pressure, a lot of people felt this was not the fight to take up. you have got to keep the government running through october. they can fight in the coming weak when they address the debt limit. this followed a 369 vote in the

house. so really bipartisan. mcconnell, rubio and core anyone. he said he felt most of this colleagues hadn't read the 1,500-plus bill. he said he thought they needed to do a better job in terms of cutting some of the spending. there will be fights coming up begin. don't think they will be singing kumbaya on capitol hill. it passed bipartisanly in both the senate and the house. bill: mike emanuel *, thank you, sir. martha: for many it's a disturbing and thank youing question all these -- and gnawing question all this time

later. >> this is why it's so important and why it matters. martha: the president promised he would get to the bottom of it and he would find the kirls. why hasn't a single benghazi terrorist brought to justice. bill: a stunning accusation from senator reid. bob gates respond. martha: the president to announce a change to the nsa storing your phone record. tom ridge is with us. bill: we want to hear from you and we want you to tell us what you would like to hear from the president. send us spa tweet @billhemmer. we'll read them a bit later in our broadcast

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martha: some new developments in that chemical spill in west virginia that left tap water unusable in 9 counties. officials are urging pregnant women not to drink water from the tap until the chemical is not detected in that tap at all. the cdc says setting different standard for pregnant women is just a precaution. bill: anger over the senate report that says the deaths of four americans could have been prevented. lawmakers outraged that none of the killers has been brought to justice. >> why has no one been brought to justice? the president stood on i believe

it was september 12 and said we'll find out who did this, we'll bring them to justice. to those families, those victims, no one has been brought to justice. bill: steven hayes, good morning to you. >> good morning, bill. bill: why are the benghazi killers still at large? can you explain that simply, steve? >> it's a little womb reply kateed. one of the reasons is the fight we have been having in public about the al qaeda ties of the attackers turns out to really matter. martin dem city in congressional testimony he provided in october, the chairman of the joint chiefs of staff told members of congress one of the reasons we hadn't gone after the benghazi attackers despite the fact we know who they are by and large and we know where they are is because they were not covered

under the original authorization of the use of military force that congress passed after 9/11 because they were not considered al qaeda and associated forces. but of course we know they have died ties. the leaders of the groups have deep and longstanding al qaeda ties. this is a technicality and it's keeping us from going after the people. bill: you wonder whether that's a reason or excuse. you say a lack of will combined with a shameless mischaracterization of intelligence is almost as bad as the failure test. >> we heard from a state department spokesman. we heard from obama administration officials that core al qaeda quote-unquote may not have given a direct order for this attack and therefore this doesn't count as an

al qaeda attack. it's a bogus distinction. if you listen to what we heard from senior administration officials before and after the attack authored under the chairman dianne feinstein, it's clear from the that report al qaeda-linked groups played parole in the attack. al qaeda's leader gave an address that called for retaliation for the death of a libyan leader fan suggested al qaeda associates in libya should attack american interests. this is not that complicated. bill: i have two specific questions. we knew panetta night was terrorism 15 minutes into the attack. we know they met the president. can we prove anyone has gone on

record and said they told the president it was terrorism in that meeting? >> i don't think we can yet do that but martin dempsey knew it was terrorism. carter ham said he had that discussion with dempsey and panetta. bill: it's a dereliction of duty if you did not tell the president during that meeting. second question. who in the intelligence community sin on september 11, 2012 has refuted the excuse of the video. anyone? >> certainly not that i know of. the intelligence community has been on both side of that and there is a long and complicated answer as to why they used it. it certainly didn't play the role the administration said in its public statement. bill: those questions coming up again next hour when senator john mccain is here. his thoughts on the revelations or benghazi, do not miss that coming up today.

plar * in the meantime. martha: in the meantime there are new revelations about the massive credit card breach to so many target users. it affected tens of millions. a new report shed light on who may be behind all this. bill: a contact lens? that could be a game changer. what can this thing do, i wonder. stay tuned. martha: it has lines in it. bill: that's a hint. [♪]

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ed. bill: what a show that was. a fond farewell to the actor who played the professor on "gilligan's island" left us. russell johnson died of natural cause. and the child hating agent on the partridge family. he was 82. martha: two great guys. they will be missed. there are new details on the source of the data breach pat target stores and other stores that hit millions of customers. the government says the cyber

attack was part of a sophisticated campaign. syria, russia, china, potentially involved in tapping into millions of credit card. they actually found the russian language built into the code. this code went on to the black market in june. this was the program that was used against target and neiman marcus. this coding gone into a server at a retailer, sit there all day, then the hackers go back later with a new break-in technology grabbing that data. targeting the system twice. we have never seen anything like this before. it's the most sow sophisticated technology we have seen. not only do you have consumer

spending, but target took a big hit after this news broke and now other retailers can be involved. other retailers are involved. martha: they are going to find better way to pull this off. it just makes you wonder how -- and you can't live without making these transactions all the time. on the internet. on your phone. in the store. where do we go with all this? >> we have a good beginning cyber security companies like fire eye. the companies are working. but we have been slow to the game when it comes to finding these attacks. they are always a step ahead of us. most of the time they have coming from other one trurs, whether it's the middle east, or china or russia. and they are so fast in getting data they are ahead of the banks. er in ahead of the retailers. i will say this, the administration finally i think

in the last couple months realized they have to put resources into that. but even the u.s. government with paul the cutbacks with the sequester and the debt ceiling fight. are we spending enough as a country on cyber-security? i don't think we are. this is one of the biggest national threats to our economy. it attacks our pocketbooks. martha: there is no doubt about it. neiman marcus said people don't have to worry about their social security numbers, you are not so sure. >> they are situation they need to do to appease their customers. that's what you do when you are a major corporation. but i don't believe that. i feel luke they don't know enough about this type of attack. this company in today has that issued this report, they are shedding light on the fact that was such a sophisticated attack. we are learning things we didn't know. and neiman marcus can't come out

and say your social security numbers are fine. i don't think they can tell us that in true faith. the other plan, the swiping of your card at a store is more and more becoming the least best way to pay for things. i'm going for wireless technology. i think that's a better way for our viewers to shop right now. martha: maybe you can make back the money you are losing by investing in security companies. bill: 90 minutes from now, the president gives a long awaited speech about the nsa. what might he say about your safety and national security. >> i think the best thing to do for us and for lawmakers is to wait and see what the president says.

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fournier is urging americans to be sceptical about this. >> from the beginning they have been very transparent about what it is we are doing and why. so we have to be careful. martha: that announcement coming the same day we are learning the nsa is collecting 200 million text messages% day. former pennsylvania governor tom ridge served as homeland security director. here is some of what has gone the out there so far. new privacy protection for foreigners because we rifled some feathers d we ruffled some

tbeaters overseas. what do you think about that? >> i think some ground rules for allies but i don't know why there would be privacy protections for terrorism or a hostile nation state. there are some people how the there i'm not worried about their privacy of. if we can invade it and protect ourselves that's just fine. martha: the second one is there should be a public advocate who is also in the process when requests are made to fisa to allow the surveillance search to dig into the numbers and find out who's behind the numbers. >> you are taking await discretion from the judges. it's tantamount to having a separate advocate sitting next to a judge when a district attorney walks in to get a warrant.

it makes people feel good but i'm not sure there is a place for it in the process. let's take a look at the third one which is very controversial because the president has suggested this already. that perhaps we should move the data from that enormous data holding center that we covered extensively out in utah that costs a gazillion dollars to build and not have it stored at that facility. have the phone companies store it. the foreign companies said we want nothing to do with that. >> there is not and i infinite number of choices here. either the government stores it or a third party stores it. and where it's stores isn't as important as who has access to it and under what set of circumstances. so a bit more cosmetic and having real substantive impact. regardless of where it's stored. what's the data that's there and

who gets access to it. martha: before we heard the president speak, what's your feeling about whether this will be largely short of to tamp down the furor over this program or west wet or whether he wants to make significant changes in it. >> reporter: the president has been sitting on top of this nsa collection system now for about five years. so he cannot disown himself from what his administration has been doing. the federal government now has become -- we are data rich and knowledge poor. and the notion that there has been some kind of transparency, some massive revelation as to the nature of the program that has been undertaken for many many years. are we getting bits and pieces of this a more oh day or two at a time. what have they collect and how

relevant is it. i think there has been interesting analysis done by the president who said no matter -- you gathered all this information about it has been completely ineffective. so it am not how much you are gathering but how strategic is the information you gather and how can you apply it? >> i think you touched on this entire country and this organization. you said we are data rich and we know that. right? they collect an enormous fament of information. but we are knowledge poor. that's a tom ridge quote that ought to be picked up today. we have a new study that came out thatwed. there were 225 terror cases since 9/11. an analysis of 225 terrorism cases concluded the bulk collection of phone record by the nsa has no discernible impact on preventing acts of terrorism. they found out good old-fashioned police work,

connections, tips. so what are we doing all this for? >> it's a gross overreach. at what point in time do people have to make a decision within the intelligence community how effective the tools are. they need to reorient their tools. you can gather that information and stepping on people's privacy rights and at the same time it's not terribly effective. this would be a didn't conversation if they could point to terrorist attacks they were able to solve because they had access to these record. today there is no up information. even if they were able to identify a terrorist attack they were able to prevent we would have serious questions about 4th amendment, unreasonable search and seizures. martha: i would just remind everyone at home that the tsarnaev brothers had quite a

bit of privacy. they were texting, using the internet, they did not end up on the terror watchlist. and all of that raises questions about how effective this program is. it's great to have you here, governor rich. bill: would you wear contacts made by google? that company is work on smart lenses that can measure glucose levels and wirelessly transmit that to a hand fell device that could end the need for those with diabetes to stick themselves with needles. the lenses still need to be tested and proved accurate before fda approval. what's next? holy cow. martha: contact lenses could control your heart rate. it's a brave new world all over

the place. bill: we could order coffee just by blinking. martha: that's not what i wanted. bill: one shot, two shots. martha: a bombshell report is raising questions about the latest obamacare enrollment figures. bill: harry reid taking shots at bob gates and bob gates returns serve. >> people ask me what's the greatest that he to american national security today and i say it's encompassed within the two square miles that involve the capital and the white house. about the most track-tested is ever... but the truth is... we don't have to. the experts have spoken. now it's your move. ♪

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contact with in an effort to make a buck. mr. gates was on fox and friend deciding why he decided to publish the book now and not wait until later. >> i have been criticized for waiting -- for writing it now. but waiting until 2017 would make everything irrelevant. bill: he's relevant now. harry reid said more than that, mk, he den grates everybody and everyone, it's obvious it's to sell a book. >> today i looked up on amazon to see if harry reid's book had a price tag on it. and it does even though he's not selling his book about being super unlikeable to sell a book. if he can't sell his it's not gates' fault.

gates has a good reputation. he has a didn't reputation than the hardball reputation of one harry reid who want us to be polite about what we say about others in public. bill: president obama had no problems when he was interviewed. but harry reid apparently did. there is a part of the book where harry reid wanted the military to investigate irritable bowel syndrome and reid had a problem with that. >> reporter: in any dispute between anybody and the congress, the other person wins. the congress' rating is around%. this is a bipartisan problem. and they are slightly ahead of stalin in the polling. so i think in this situation reid was i think going off the reservation. but that's typical of him. the statement to which secretary

gates objected that reid made on the senate floor in 2007 was this war is lost and the surge is not accomplishing anything. bill: you can see how bob gates would take exception to that. >> absolutely. it was i are responsible when it was said. but the interesting things as time goes by with hindsight, it turns out maybe we didn't accomplish anything in iraq. if he through gentleman now being -- a through d a -- and the government of iraq is not able to bring people together. hindsight is always 2020. bill where bob gates said this about harry reid. last night he said it's common practice on the hill to vote on bills you haven't read and it's perfectly clear senator reid has

not read the book. up toe. >> it's a pretty good burn for a former secretary of defense. i have plenty of people who gave life and limb in fall surks jah jahd -- in fallujah. harry reid was the guy on the senate floor saying mitt romney didn't pay taxes with no evidence whatsoever. so the fact he wants us to be careful about what we say about him in public. i believe bob gates an honest guy. >> i think there is another exception in addition to harry

reid and that's vice president biden. generally speaking the book goes all over the line with regard to a lot of people. he find good, bad, indifferent. while there are critical statement about president obama. he's extremely supportive in the totality. the same thing is true of secretary clinton who he endorses. bill: gates' book goes on to tell. >> the question does arise. lawyers have been fighting for decade to stop this kind of conversation from becoming public and it does raise a question, how do we encourage people to communicate in the oval office. i would say no it's all going to be spun back. bill: the book is called "duty."

you have done your duty. >> former florida governor jeb bush occasionally mentioned as a possible presidential hopeful in 2016. but don't tell his mother that. wait to hear what she had to say. bill: some lawmakers pushing back on the white house's nuclear deal on iran. can the administration drum up enough support to push back. >> the end game is not even in the ballpark. [ fishing rod casting line, marching band playing ] [ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat? campbell's healthy request soup lets you hear it in your heart. [ basketball bouncing ] heart healthy.

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martha: there is a new movement underway to help our nation's veterans. a rising number of vets have caught in the legal system due

to undiagnosed ptsd or brain injury. more on the veterans treatment court. these individual are so important to our nation and we have to take care of them. what can you tell us? >> reporter: veterans advocates say the special courts are not a get out of jail free card but a way of helping veterans to pay their debts to society while taking into considering the very real sacrifices they made protecting society. >>view. >> which bran' of service were you affiliated with? >> army. >> reporter: his past military service has given him an option to stay out of jail. he's participating in a veteran's treatment court. >> i have accountability, and that's stuff i need in life.

so i don't stray off the wrong path. >> reporter: the veterans court in columbus, gais one of 60 around the country. the coordinator he supervising treatment of veterans is far less expensive than incarceration. >> reporter: the money we can save by gig people treatment benefits the state and benefits the government. but i think they are changing lives for many reasons. >> reporter: the veteran we net this story is living in transitional housing in a place called passover ministries. the veterans corps requires him to undergo routine drug testing and look for a job. if he completes the 18-month program there is a chance he will see the charges against him dropped. martha: he needs that accountability to keep his life on track. really interesting program. thanks very much. bill: we need all the help we

can give them for what they have given us in turn. what will the president change about your information? we learn that millions of text messages are stores every single day. martha: you know all that junk you see floating around our mother earth. it's not just a problem in movies like gravity. one country's idea on how to clean it all up.

[ male announcer ] meet mary. she loves to shop online with her debit card. and so does bill, an identity thief who stole mary's identity, took over her bank accounts, and stole her hard-earned money. unfortunately, millions of americans just like you learn all it may take is a little misplaced information to wreak havoc on your life.

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the seven million number they wanted to hit for march. according to a lengthy piece in "real clear politics", they say that number is impossible and that the findings are actually much lower. we'll break down those numbers with our own megyn kelly coming up just a few minutes away. also this alert for you because right now we're getting very close to hearing from the president. he will talk about how he plans to overhaul the nsa and the data collection process that has caused so much controversy in this country. welcome, everybody. we have a brand new hour now of "america's newsroom" starting now. i'm martha maccallum. bill: i'm bill hemmer. hello to you. president obama is expected to call over the nsa's control over your data records and records of hundreds of millions of americans. white house correspondent ed henry waiting on this speech for a week there. ed, how big are the changes expected to be if at all?

>> reporter: i think it will be medium, frankly by they will tout this inside the white house as very significant reform. on one hand it is because the president's officials are suggesting this morning, will say in the speech about an hour from now, basically the government should no longer handle the bulk collection of these phone records that have caused such a storm in part because of revelations from edward snowden suggesting that these nsa programs, whole series of them, not just the phone collection but how they're tracking text messages and the like, is growing much more out of control than the administration has suggested. that is the pressure on him. but that he, the president will then punt the decision about what it do with those phone records, to congress and others, because it is a very complicated issue whether the phone companies, who do not want to keep these records, should they be forced to take on and hold the bulk collection? ron wyden, one of the democrats pressing the president is demanding major change.

>> what they recommended, particularly with respect to collecting millions and millions of phone records on law-abiding americans is, one, was it necessary to prevent terror attacks. two, existing authorities would be sufficient. >> reporter: so that is part of the pressure on the president that he has had some of these lawmakers saying, these programs have not really stopped terror attacks. you need to keep these records of all americans, especially innocent americans who are not involved in terror? this is the balance the president is trying strike here bill. it is about privacy rights versus keeping the country safe. bill: indeed that is a concern and you wonder if any changes come about in that results in a bigger threat of terror attacks and you know the white house is ready to take on these questions. how will they answer it? >> reporter: it's a difficult one as you say retired general michael hayden, he ran the cia and the nsa he was on nbc's

"today show" this morning saying he fears some of the reforms he is hearing about from the president will actually put us in a pre-9/11 mentality and increase the possibility of terror attacks. that is why senator john mccain is saying that the president does need to reach out to congress here to hear all of this out a little bit more. take a listen. >> congress will have enough say unless we have a select committee like the 9/11 commission where we could come up with recommendations and, and have legislation enacted. >> reporter: so the bottom line is the president is going to suggest that the records should not be held bit nsa. but he will kind of punt what you actually do with the records, bill. bill: thanks, ed henry waiting on that from the north law. appreciate that. here is martha with more. martha: the nsa scandal that is one of several clinging to the presidency last year and apparently putting weight on his approval numbers.

take a look at this. this is the latest approval waiting from the president we have. it comes from gallup. only 39% of the nation approves of job he is doing. it is one point shy of his all-time low hit in october 2011. chris stirewalt, host of power play on foxnews.com. >> good morn. martha: he will start an effort at the top of the next hour to try to turn that number around essentially. how do you think he is going to do? >> if you, i guess maybe we put it this way, would you buy a domestic surveillance overhaul from this man? the president was caught just yesterday that he and his administration were exaggerating, pretty wildly the number of human beings that have signed up for obamacare. not like a little. you reference it. i know you will talk about it with your friend megyn kelly in a little bit, just yesterday, they got stone cold busted exaggerating number of people

signed up for obamacare by potentially millions of people. so this is an administration that has struggled to, the president always comes out and says we're going to be, make a clean abreast of you, be on the level with you but continue to refuse to do that. whether this, or putting a democrat partisan in charge of an investigation into the targeting of republican partisans by the obama irs? all of these things show unwillingness to make a clean start or make a clean slate. it shows an administration still very much committed to sort of limping along, despite mounting public mistrust of their actions. martha: yeah. we'll no doubt, they are aware of these factors and they will try one more time to turn this thing around. it remains to be scene whether or not changes he is about to announce, are sort of cosmetic sweeping change over these programs, or whether or not they constitute something that really, will make people feel, yeah, you know what? the government heard me.

they heard we're not happy with this program and they made some changes. you're laughing much so funny to think of that, right? >> i shouldn't mock at it but it is this. they didn't tell us before. they only, they had to be exposed by edward snowed enand his massive document dump before these changes were put into effect. now as ed henry accurately aptly described them as medium and by the way how funny is it that an administration constantly talks about ability, power to wield executive authority, on this one much like when the president got into a jam on syria last year we think congress needs to step in here. we think congress has a role in here. martha: yeah. >> this looks like pretty small beer compared to the level and mistrust and outrage on this issue and others. i think their plan by and large is survive and advance. that may be help the president completing his term.

that may not help democrats running for re-election this year. martha: bubbling up from the nsa story, we were talking to governor tom ridge, chris. we'll talk about this. we're not sure the program works. they have had struggling time which to prove 50 cases which it worked, 54 cases it worked. it is starting to look like they will have to get a lot more specific about proving that to the point where american people say i get it, some measure of this is necessary. i get it. >> look what people will do to let themselves get on an airplane these days. that is out ridge yaws. -- outrageous. if you can't show it is safe it with won't help. martha: data rich and knowledge poor is tom ridge put it. sign up for chris's daily political newsletter. go to fox news clot come/fox news first. bill: will changes at the nsa make us less safe in america? what do you think about that? you got an idea?

talk to us on twitter at this hour @billhemmer and @marthamaccallum. we'll share some of your ideas later this hour. martha: keep them coming. we'll get them up there by the end of the show. bill: the white house now facing fierce resistant from lawmakers on the nuclear deal with iran. there is major pushback pro republicans and democrats the like. that deal set to take effect on monday. republican senators say there are still many questions that must be answered. here is senator graham on that. >> if congress voted to pass new sanctions could only be imposed if this agreement fell apart or we didn't achieve a acceptable endgame it would reinforce to the western world, stop doing business with iran, don't contemplate it until we get the right answer. >> i think people are very concerned this administration has not sated and will not state what they want the endgame to be. bill: elizabeth prann has details from washington. what is the white house going to do to persuade lawmakers because

they have their work cut out for them, elizabeth? >> reporter: they do. wendy sherman the top iran negotiator met with senators on the hill. she pushed lawmakers not only support the iran arms deal but steer them away from any legislation that creates new sanctions bense the country. some lawmakers are still resistant to their action. we heard from senator lindsey graham. he is even more disturbed after meeting sherman saying the end game is nowhere near what was expected. >> the highly-enriched uranium, the u.n. resolution says remove it from iran. it can be left in iran. it can be diluted but it is possible to reconvert it. you don't need 20% rue uranium anymore with the centrifuges they have. you can go to 90% to create a weapon from 3 1/2% to 5%. so, the idea of the congress not acting really does offend me. >> reporter: the details of the deal which lawmakers stay have only partially been released is scheduled to take effect this monday. there are a number of reports

that the senate has veto-proof majority to approve legislation including sanctions but fox has yet to confirm the 60 votes. bill? bill: elizabeth prann on that. a lot more coming up over the weaken and certainly next week. of the thanks in washington. martha: there is anger over the new report on failures in benghazi and that has spilled on to the senate floor. >> within 24 hours it was reported as a terrorist attack. and here's my question, how could the president of the united states two weeks later say it was a protest caused by video? why didn't somebody at the cia, who knew better pick up the phone and call the white house and tell the president, quit lying about benghazi? martha: very fired up, lindsey graham. this is another senator, good friend of his who is also fired up. senator john mccain will be with us shortly. bill: hollywood producer harvey weinstein trying to take down the nra. that is what he says now. do the violent movies that he has made undermined that message? we'll debate it. martha: the latest on obamacare

numbers. megyn kelly joins us to find out why the white house may be stretching the truth in a pretty big way. >> the numbers matter. the numbers matter. if they don't have the right numbers the whole law is imploding which may be happening right now. we don't know because we can't get straight figures. ♪ [ chicken caws ] [ male announcer ] when your favorite food starts a fight, fight back fast with tums. eartburn relief that neutralizes acid on contact and goes to work in seconds. ♪ tum, tum tum tum tums!

bill: the faa investigating united airlines flight, heavy turbulence causing five flight attendants to be treated for injuries. the flight was from newark bound for beijing. that's a long flight. it experienced 30 seconds of violent turbulence. all the passengers, they're okay, but five injured flight attendants were treated for bumps and bruises. martha: big story here. a bombshell new report says that the white house misled the american public over the latest release of obamacare enrollment numbers. this was a big deal. >> more than 2.1 million people

who have enrolled in private plans and 3.9 million americans learned that they're eligible for coverage through medicaid and the children's health insurance program because of the affordable care act, you're looking at this enrollment pickup. martha: really? according to a new report, extensive report with lots of numbers and charts that came out from "real clear politics", in reality that number only reached about 380,000 new medicaid enrollees. that is far cry from the nearly four million that the white house has claimed. joining us by phone is megyn kelly, anchor of "the kelly file." good morning, you did a big piece on this last night. a lot of questions raised here. >> hi, martha, hi, bill. yes, yet another instance of the administration just misleading, just misleading on its signature health care law and that is just the truth. not only did the administration come out and claim almost four million people had enrolled and made eligible for medicare.

thanks to medicaid, thanks to obamacare, but the president's own twitter feed, that barack obama sent out that same misinformation with the following sentence and i quote, that's a fact. no, it isn't. it is not a fact. in fact that is a material misstatement of the numbers and with a huge hat tip to john at realclearpolitics.com, well-respected website by both sides of the aisle he actually sat down and did number crunching. he it got so bad the conclusion he reached that they overstated by millions, not at 400,000, not to mention four million. the fact checker at "the washington post" had to come out and say he misstated it. almost all reporters have misstated it and said no one should believe or repeat or rely on those numbers given by in the administration which was supposed to be a full and fair

update on the status of a law that the american people are paying for. martha: yeah. you know, i mean comes down to the fact that a lot of people enroll in medicaid automatically. many cases they would have been enrolling into medicaid just as matter of course and not related to the affordable care act at all. then you've got issue of states that chose not to be part of this medicaid expansion in their own state. he sifted through all of these and that is basically how he came to this conclusion, correct? >> that is the thing. they concluded the way they got to four million by counting people renewing preexisting medicaid coverage and trying to tell us that was thanks to obamacare. not true. there is no proof of that. in fact we won't know until the end of march how many people get expanded medicare coverage thanks to obamacare.

that is the language the administration used. they don't have the figures. instead of coming out saying we don't know or leveling with us on what the real numbers are, they choose, what we used to call in the law puffery, those over the top statement, sometimes advertisers make. and. this is a material misstatement. people need to know what the real numbers are because, martha, separate and apart from the medicaid misstatement, we still don't know whether the 2.million who they claim have enrolled on the exchange is real. and there was testimony to that effect yesterday talking about how we still have no idea how many people have paid. that means we don't know where the law stand today. if the law isn't getting the right mix of people and the right number of people, then we could at this moment be empty middle of a so-called death spiral and not know it. martha: kind of reminiscent when they said you could keep your plan if you like it. they said, of course we meant, if you kept it up to the point where we began the program. if there is one teeny little

change then you call couldn't. you got that right? sort of along those lines? >> with that the president's trust numbers plummeted after that was exposed. he came out and held a presser and talked about his about the need for honesty and the need to be straightforward when discussing this major law that affects 1/6 of the u.s. economy not to mention people's health care. that is a very private, personal thing. so in an effort to start restoring this trust we would have this full, honest, transparent, open, information exchange. it's not happening. martha: this would suggest it is clearly not happening. >> "the washington post" calls the medicaid claim, ridiculous. martha: we want to switch gears with you for a second and remind viewers of this moment from the past. >> megyn, did you hear me answer that part of the question.

>> not exactly. that response. >> i will give you to you again you have to focus on the answers not just the questions. >> thanks, i will try to. martha: reduction tonight of that megyn? >> he's back. on "the kelly file." it has been three years since i last interviewed anthony weiner. and a lot has happened in his wife. martha: really? i can't think of anything. >> and this will be my first sit-down with him since everything happened. i have never gotten to speak with him. i think it was 2011. later than that clip you showed, with the arms, you know the arms clapping. you know i said on "the tonight show", in retrospect i was amaze the a hubris anthony weiner showed in our interviews and public interviews when he knew he was carrying around such a secret. >> that is one for the psychologists, for the ages. >> this is my first chance to chat with him.

i don't want to hear details of the scandal. people know about that. i do want to talk to him. i want to ask about 2016. we have two candidates, christie and clinton find themselves dealing with a bit of a scandal. he seems like the perfect person to talk to. martha: very interesting. we'll definitely tune in. megyn, thanks so much. bill: thank you. we'll be there. 9:00 eastern time. breaking news, central new jersey, one person unconscious at a high school. after a hydrochloric acid spill in a lab. don't have a lot of information. they have a lot of people responding. hazmat teams, multiple hazmat teams. get you there. heightstown, new jersey. meantime violence and death tolls rising in iraq. who needs our help and fast? jennifer griffin on that. martha: how about this? what former first lady barbara bush said about her son jeb. you won't believe this. we'll come back an play it for you. >> no question in my mind jeb is

the best qualified person to run for president but i hope he won't. female announcer: get beautyrest, posturepedic,

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even tempur-pedic. puppy: i found another red tag! bulldog: what! where? puppy: right here, silly. ha-ha-ha! bulldog: tickles! mattress discounters' year end clearance sale ends monday. ♪ mattress discounters martha: listen to this one, barbara bush the wife of one president and mother of another, she is in a incredibly unique situation with those two attribute to her living. she is now urging other son jeb to avoid the white house. the former first lady says in interview she hopes the former florida governor won't run for president. not sure other family members agree with her. he has not announced any plans officially at this point and his mom wants to keep it that way. >> no question in my mind that jeb is the best qualified person to run for president but i hope he won't because i think he will get all my enemies, all his brother's, all, and there are other families, i refuse to

accept that this great country isn't raising other wonderful people. i think that kennedys, clintons, bushes, they just more families than that. martha: i love that. because she is kind of saying, look, do i have to raise all the presidents myself? can't some of you raise a president too? i'm done. bill: i really admire her humility but jeb bush might get a lost votes too. martha: absolutely. you know, i think her husband would vehemently disagree with her, her other son who was president doesn't always agree with mom. they always say, she says whatever she wants to say. bill: right on. she was just in the hospital. she looks terrific. stay healthy. best of luck to you in houston, texas. martha: absolutely. bill: al qaeda linked militants making a deadly comeback in iraq. the country's leaders are turning back to the u.s. for help. jennifer griffin at the pentagon. the situation is getting serious by the day.

what is iraq looking for now, jennifer? >> reporter: well, bill there has been a flury of meetings and phone calls this week with u.s. officials from iraq. iraq has submit adlong business of billions of dollars of weapons requests to congress including apache helicopter gunships. there is concerns that the shiite prime minister, maliki won't just use weapons against al qaeda fighters in fallujah but against his sunni opponents. he express ad willingness for the first time this week for u.s. forces to train iraqi forces in neighboring jordan. here's the response to the request for more weapons from the state department. >> we will keep work the congress to, as quickly as possible, get more more things, for lack after more technical term, more materials to the iraqi government that they can use in this fight. we are very committed to supporting them in this way through foreign military sales and politically and

diplomatically. >> reporter: what the u.s. has provided so far are predator drones and agreed to giving them hellfire missiles. these are precision weapons. what they don't want to do at this point is give them weapons that could be used in a broader sense against, against, you know, the prime minister's opponents. bill: one quick thing. bob gates is out there on a book tour, former defense secretary. he has a lot to say. does he say how the u.s. should now handle the rise of al qaeda in iraq in towns like fallujah and ramadi? >> reporter: well, interestingly enough he did respond. in an interview with the bbc yesterday, when asked if the u.s. should provide the iraqis weapons, gates said, quote said i think yes but it needs to be conditioned for maliki to reach out to the sunnis to make them integral part of iraqi government and iraqi society. he has done as much to encourage the rise of al qaeda through his

abuse of sunnies in anbar province as anyone according to experts but if the u.s. doesn't provide weapons and training it loses another opportunity to influence iraq. gates recalls in his book a very interesting moment he says is the reason that the u.s. wasn't allowed to is stay in iraq after the end of the war. he says, quote, petraeus told me iranian brigadier general was arrested in iraq for bribing legislators with $250,000 each to vote against the sofa, the status of forces agreement. the impact of that failure is still being felt today, bill. bill: jennifer griffin on that story. that story will run pour a while now. thanks at the pentagon there. martha. martha: if you saw the movie "gravity," and if you haven't you should, you know it is in space things flying out there getting in sandra bullock's way. real difficult situation. is the answer to the problem a giant huge net around the whole globe? we'll explain. bill: we'll need a bigger net.

new senate report saying that the attack in benghazi could have been prevented. how much of the blame is on hillary clinton. senator john mccain is our guest live from the hill on that and more next. >> the fact is we had four dead americans. >> i understand. >> was it because of a protest or guys out for a walk one night decided they would go kill some americans, what difference at this point does it make? [ male announcer ] start the engine... and shift through all eight speeds of a transmission connected to more standard horsepower than its german competitors. and that is the moment that driving the lexus gs will shift your perception. this is the pursuit of perfection.

>> so we are just about 30 minutes away from what is being described as a major speech prom the president on nsa reform. a senior official says the president will announce a change on how the government stores the data they have collected from phones and text messages being collected as well. it seems like every day there is a new piece of information we produce that is being gathered. he is going to have a lot to talk about in 26 minutes. we will go there live. >> there is continued outrage on the new senate record on benghazi. they are being accused of prior warnings and not doing anything

about it resulting in the death of four americans. that let to senator graham on the floor of the senate. >> he went before the people for weeks and told the story about the protest that never occurred. years later, the families have no clue what happened their loved ones. quit blaming the dead guy. chris stevens was in benghazi because that is what he was supposed to be doing. >> senator john mccain is with me. you had strong words as well. good morning to you, senator. >> good morning. >> now you have seen the senate report is it hilary clinton's fault for what happened on september 12th?

>> she bears responsibility because she was secretary of the state at the time. unlike chris christy who fired people as a result of the failure not one person associated with this in the state department has been fired as far as i know. and if i could mention another aspect and that is the effort on the administration and new york times to portray this as a non-terrorist related attack. they are hanging on to this video and spontaneous demonstration. there was no spontaneous demonstration. people don't come to those things with rockets spontaneously. and second of all there was al qaeda groups involved. unless you lived in the

pakistan/afghanistan boarder you are not al qaeda. but these groups claim they are associated with al qaeda and obviously they are al qaeda. there is a difference between core al qaeda and al qaeda. i am sure to the families of the members who were killed it doesn't matter if it is core or al qaeda. >> why wasn't anyone fire? why didn't hilary clinton fire anyone? why hasn't that happened? >> why did the president of the united states weeks later talk to the u.n. about hateful videos and spontaneous demonstrations when he was told that night this was a terrorist attack. why did he say in the debate

with romney he called it a terrorist attack but didn't. he was talking for weeks after saying this was a video that caused this. and then the question also is why was susan rice there? why wasn't the secretary of state on all of sunday shows explaining to the american people what happened. >> these are all good questions. let me see how many we can get through. you call the new york times the surrogate for the obama administration. are you accusing the paper of defending them on the benghazi? >> of course. and being the mouth piece for the hilary clinton for president campaign. no one could look at that article with objective and say it is a profound apology and

distortion of facts on behalf of the administration and secretary of state. >> if you know as we know that the pentagon who this was a terrorist attack within 15 minutes on 9-11-2012 and immediately after that they had a meeting with the president. can you strain the level of imagination in your own mind to think that the president was not told that this was terrorism that afternoon? and if not, would that be a faulty duty? >> no one knows what the president did that evening after that previously scheduled meeting. and why in the world would the president for weeks talk about the spontaneous demonstrations and hateful videos. there was no spontaneous

demonstration. there was attacks like there ied and the attack on the british ambassador and the red cross levering. chris stevens warned the state department about the rising threats. >> you mention the president and hilary clinton, what about the intelligence community? why didn't anyone come out saying the video excuse was no excuse? >> there is many things we don't know. including the survivors who only one of them has been interviewed. we don't know who decided on the talking points which was the sum of all of the information that came including from the intelligence community that led to the statements that susan

rice made the next day and by the way her throwing in al qaeda has been decimated, really? we don't know who dictated the final talking points. i see it came from the political arm aof the white house. >> we have to run because we are out of town. >> the swat team rush to a home with their guns drawn but there was a surprise on had other side of the door. >> and a big shot at hollywood producer harvey wine stein is taking hit at the nra. the critics say the comments are nothing short of hypocritical. >> he lives in a fancy neighborhood with police protection and doesn't own a gun

but there is a good odd he had armed security around him. nra harvey weinstein harvey weinstein harvey weinstein

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>> a prank call brings out the police and the police are not happy about that. the swat team rushing to a home in atlanta after a shooting was reported. four fire units went to the scene all for nothing. >> wasting the resources the fire departments and the surrounding jurisdictions to get a kick. there is a family right now that is very upset over a prank call. >> a prank call. we are told three children at home and the swat team arrived. no word who was behind the prank call. >> we did this story yesterday but it is still getting

attention. harvey weinstein says he plans to destroy the nra by making an anti-gun movie. he made $150 million by making movies that glamorize gun violence. take a look at this one clip: >> they had to use a lot of exploding blood packets to they can that seen. but harvey weinstein said we are making a movie with merrill steep and we will take them on head-on and they will wish they were not alive.

it is unbelievable ironic that some of the movies you have had hardest time getting by not doing this are produced by harvey weinstein but he is taking on the nra. >> with you look at the violence movies, and that is not a bad thing, you believe in the first amind mendment. >> we like a lot of his movies. >> yes, these have made him a $150 million is what harvey weinstein is worth. here is what guys like him can't compute or understand. when you do a high profile movie and put steep in you will get

hype. you will see greatly increased support in the nra instead of the opposite when you do this. >> i think back to the discussion after newtown and it was a three-pronged approach that had to be approach. violence in movies and video games. mental health, access to a gun and a love and desire to play violent video game and in the movies. we were told something was going to be done. >> nothing happened after newtown. you have children. i have a young daughter now. and 20 kids are slaughtered in school and nothing happens in terms of gun control. in chicago, it is outpacing mexico city in terms of the

murder rate and nothing happens. how will a movie by harvey weinstein -- which has been done, it is called bowling for col columbine. >> i think he is trying to get at the complex of how the companies run and their connection with the nra >> we have seen these hundreds of time. the second amendment advocate versus the nra advocatiadvocate. what kind of movie would pitt

and steep sharing a screen? this movie lost $25 million domestically. so regardless of what you do i don't see how you change the narrative because half of the country will reject this movie because is a harvey weinstein going after the nra and hard enough to get people in the theater. >> john scott on happening now. how are you doing? >> minutes away from a major speech on the government's collection of data and potential changes to u.s. policy when it comes to spying abroad. we will have the president live and reaction from judy miller and more fox team coverage. and david stater is joining us live. he is the journalist kicked out

of russia. apparently the president doesn't like reporters >> we have heard that before. cleaning up space is the answer to a big problem. cannot make this up, can we? ♪ catch a falling star and put it in your pocket and never let it fade away ♪

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>> there are a hundred million chunks of debris floating in space. flying more than 1500 miles per hour and posing a threat. so scientist are thinking about building a big net with a magnet on it. is that a good idea? >> this is something scientist have been talking about for a

long time. japan wants to test the theory. it is pretty whacky. it is thousand foot string they hope will grab the junk out of space. sgr >> i am wondering if we can wait 7-8 years? >> it is serious problem. it is not that bad. but it is bad problem. there is no such chunk up there the people on the space station have to dodge a lot to make sure they don't get hit. >> they are doing that right there. we have going to a different orbit and they said not now because you might be in danger up there. >> that is right. so it can hit each other and create more space junk. that is why they have to get serious about it. >> you are a smart guy. is the net the only answer? >> japan wants to use a tether

that the create a magnetic drive to pull it out of space. a satellite will cannibalized the older one and make new ones out so we can recycle what is up there. and then there are plans for physical netting to catch something and make a ball of trash. >> it would be a booming business. i am curious what the united states is to about. it a net in space. clever. all right. >> all right. so we are minutes away from president obama taking the podium and we are getting a look at the speech. it is going to be a major announcement about reforming the nsa. we will have that live coming up. ♪

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tv? martha: they're watching everything you're doing. bill: we'll have the speech. have a great weekend everybody. martha: "happening now" getting started right about now. see you back here on monday. bye-bye, everybody. jenna: start off with a fox news alert. big changes potentially how our government collects and stores information on hundreds of millions of americans. it is a highly anticipated, highly personal announcement by the president about the nsa we're glad you're with us everybody and what could be a historic day. jon: the president will make history i expect. i'm jon scott. we're looking live at the department of justice in washington d.c. we're waiting for the president to take to the podium and speak about the results of his administration's review of government surveillance programs. fox news has learned his proposals likely will include removing massive amounts of telephone data from government control. mandating court orders for individual searches moving forward and tighter restrictions when