speaking of truth. >> follow us on twitte twitter @jeronfnc. thank you for watching. hope to see you here next week. a fox news alert a homicide bomber kills 21 people in afghanistan including two american citizens. that explosion rocking a popular restaurant in kabul last night. the deadliest attack against foreign civilians since that war began more than a decade ago. welcome to america's news headquarters. i'll gregg jarrett. >> connor powell is live in jerusalem with the latest. >> the taliban have taken responsibility saying the attack is in response to a joint afghan/american military operation from a few days ago in

which afghan civilians were killed mistakenly by the u.s. and the afghan troops that were operating in the area. this is an unusual attack for the taliban who rarely attack soft targets, things like restaurants. opting generally for military targets and police check points and government buildings, so-called hard targets. friday night as people were sitting down to dinner at the popular taverna restaurant in kabul, a suicide bomber attacked the front door, while several taliban gunman slipped in via the back shooting people at point blank. >> there was no army in that restaurant. there was no police at that restaurant. this shows that they are the enemy of civilians and defenseless people. >> it leaves two americans among the 21 killed. both were employees of the american university afghanistan. we are told one just arrived into kabul in recent days.

also among the dead are several afghan workers and four u.n. employees. also the lebanese owner of the restaurant who reportedly had a gun and tried to battle the attackers in the dining room area. with u.s. troops winding down their mission in afghanistan, there is a growing fear that they will, the taliban will try to attack soft targets like restaurants, places where international workers are having dinner and things like that as an effort to destabilize the country. and the resulting chaos and violence will ultimately remove and sort of crush the fragile gains that have been made in afghanistan. with afghanistan's presidential elections coming up in april, there is a growing fear there will be a lot more attacks like this, arthel. >> innocent people trying to do everyday activities. conor powell, thank you very much. to egypt. nearly all the voters going to the polls to approve a military-backed constitution. this vote is the first since a coup toppled the first

freely-elected president muhammed morsi. morsi supporters and the muslim brotherhood boycotted today's vote calling it a fraud and vowing to keep up their protests. >> a team of u.n. nuclear inspectors on the ground in iran. the international group visiting two uranium-enrichment facilities as part of an interim deal reached with the u.s. and world powers. under the six-month agreement going into effect monday, iran agreeing to limit uranium output in the return of easing western economic sanctions. >> those who are troubled by our existing programs are not interested in repeating the tragedy of 9/11. those who defend these programs are not dismissive of civil liberties. the challenge is getting the details right. that is not simple. >> president obama getting sort of mixed reviews now following his big speech yesterday

proposing new limits on the nsa, restricting access to the telephone records of millions of americans, among other things. elizabeth brown has the latest from washington. >> president obama clearly said he is not ending the surveillance programs, he did propose a number of tweaks the nsa will need permission before accessing american-stored phone records. the agency will no longer monitor allied leaders and congress is tasked with creating a panel to monitor the ongoings of the foreign intelligence surveillance courts. the president saying these practices are keeping americans safe. >> what i did not do is stop these programs wholesale. not only because i felt that they made us more secure, but also because nothing in that initial review and nothing that i learned since indicated that our intelligence community has sought to violate the law or is

ca cavalier about civil liberties. >> in 2008 he criticized surveillance programs as a violation of civil liberties. his shift is eliciting passionate reactions. saying technologies are reaching too far in american's lives. others saying the president needs to look at things differently now that he is president and not a senator. >> you get wiser when you put your hand on that baseball and the lives of every single american, you're responsible for that. >> what i heard was the president saying if you like your privacy, you can keep it, but meanwhile he is going to keep collecting all your data. >> the patriot act, section 215, pertaining to meta data collection expires in 2015. the next battle is brewing. >> elizabeth prann, thanks. thousands of evacuees from the massive southern california wildfire are returning home. dry brush in the foot hills near los angeles fuel the fire that

has now been reduced to smoke and ashes. high temperatures and low humidity still a major problem as the state struggles with record drought conditions. >> this weekend at the national zoo, the giant panda cub bao bao. >> bao bao. >> i did not say that right? bao bao. i said bao bao. i said bao bao. >> no. keep boeing. >> is making her debut. the d.c. zoo is extending its hours for the 5-month-old bao bao. >> very good. you got it. >> doing better? >> it's good. >> where visitors will be allowed in the building in small groups to avoid overcrowding. the amount of time mother and cub will be on exhibit depends on their behavior. >> it's so cute. don't be cynical. bao bao looks fabulous. adorable. >> all right. >> it's like a cute alert. >> i just needed you on that

page, know what i mean? >> right. i'm with you. >> thank you. >> bao bao. >> bao bao. >> okay, good. we have -- >> bao bao. >> i'm going to go on now, can? i. >> bao bao. >> severe storms hit one of brazil's most famous landmarks. >> a lightning strike damages the iconic christ the reindeer statue in rio de janero. >> bao bao. >> i firmly believe this can be a breakthrough year for america. to make that happen, we have to act to create good jobs that pay good wages. lower credit scores and higher interest rates when you apply for a credit card.

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test test time for a quick c the headlines. a deadly stampede in india killing 18 people after a muslim leader dies. tens of thousands gathered to mourn the leader at this home when chaos broke out, crushing several of the mourners. in australia, massive wildfires burning out of control across two southern states. at least one person is dead and several homes destroyed so far. violent storms damaging an iconic monument in brazil. a lightning strike hitting the christ the redeemer statue in rio de janeiro chipping the right thumb. the statue regarded as one of the seven new wonders of the world. there are already high hopes in washington for 2014. president obama calling it, quote, a breakthrough year for the economy and says if congress won't act, he'll act on his own

to push through reforms. >> i firmly believe that this can be a breakthrough year for america, but to make that happen, we are going to have to act to create good jobs that pay good wages and offer americans a fair shot to get ahead. >> the gop giving their response saying the president and democrats have already failed in trying to create jobs and are making the economy worse. >> president obama's latest slogan is a year of action. his administration and his party's leaders in the senate are sitting on the bench. they seem to have surrendered to a new normal of high unemployment instead of standing shoulder to shoulder with out of work americans, they are making it easier to live without a job. >> good to see you guys.

>> thanks for having us. >> stephen, i think even the president would probably privately admit that this is a jobless recovery. the growth gdp is anemic. does he deserve to be blamed for that? >> i don't think he would admit it is a jobless recovery. >> seriously? >> seriously. i think you're talking about a recovery where the private sector created jobs for 46 months in a row, 8 million new jobs. you have oil is being created in this country -- >> job participation rate is at its lowest rate in 40 years. >> i'm completely serious. >> you say that with a serious face. >> 8 million new jobs in 46 months in a row of job creation. >> it's the lowest job participation rate in 36 years. >> hang on. >> let me finish for a second.

let me get back to the subject at hand to 2014 being a breakthrough year. what it needs now is not about washington. it's about the private sector. washington needs to invest for the future. that's where republicans come in for the first time instead of being the party of what they're against, which you saw in that clip, tell us what they are for. >> stephen, pick up the phone for me, will you? >> it's president obama calling to say it's not a jobless recovery. >> exactly. he would be moving his lips. >> the bottom line is 2014 could be a breakthrough year. the president has to focus on employment and economic growth. why haven't we passed the keystone pipeline? why aren't we permitting energy drilling? we've got 40 bills in the senate that are languishing there based on basically job creation and the president and his pefrnmen don't want to pay attention.

it's going to affect 40 million small business workers later this year. come on. if you are really interested in job growth, you would be doing these things. instead you're interested in partisan politics and playing with a minimum wage. >> where partisan politics comes in is every time you talk about the economy, republicans go straight to obamacare, which ford just did. this president has been working to invest in this economy five years. it's working. when he became the president we were losing 800 thousand jobs a month. the people savings were being destroyed in the stock market. the auto industry was collapsing and the housing market was collapsing. every one of those metrics has been turned around. are you better off than you were four years ago? yes. now washington needs to invest -- >> americans think the stimulus the president championed was an absolute abysmal failure. >> really? he was re-elected by 5 million votes in 2012. >> that had little to do with the stimulus. you know this. the polling data tells us most

americans think he is a big loser. >> he is running for re-election. he won in that referendum. >> speaking of referendum, how do you think it's going to be this come november? >> it's going to be -- i was asked a question, ford. it's a competitive election. 2014, the dynamics in the senate favor the republicans. 2008 was an historic year. >> you are predicting losing senate seats? >> senate seats? absolutely. >> they wanted to focus on politics. the bottom line is basically president obama waxes on and on about the common man and middle class. because we have a 63% labor

participation rate, bottom line is his policy has been a straight failure. all he has to do is do one thing. pass the keystone pipe lien, focus more on energy. today right now we are in the heyday of american energy. pass hr-03. the stills act. at the end of the day if we don't retrain our work force, we are not going to be able to put more people back to work. pushing more minimum wage and more unemployment benefits is not going to lead to job creation. >> we are at the heyday of energy and heyday of starting to add jobs. >> it has nothing to do with the president's policies. come on now. >> he's been the president five years. if we were going the opposite direction, you would blame it. >> bottom line is -- >> ronald reagan was producing 7% gdp growth and a tremendous number of jobs. >> absolutely. 30 years ago we had a strong economy and the strongest economy in the world under bill clinton. we are recovering now.

>> good to see you guys. >> thank you. as we mentioned a few moments ago, thousands of evacuees from the massive southern california wildfire are getting a chance to return home now. dry brush in the foot hills near los angeles still remain a major concern. going now to janice dean with the latest. what is happening with the weather? >> look at those pictures. we are dealing with exceptional to extreme drought, historic drought in this area. 90%, severe to exceptional drought. it's really just incredible across the state. the monitor here going to the rainfall deficits, over 13 inch deficit in parts of northern california. five inch deficit for l.a. over eight inches in san francisco. that tells you the story. a lot of dry brush here. we don't have any moisture for the next two weeks and the conditions are going to remain

very warm. in fact, record warmth across southern california. look at los angeles. 80 saturday, sunday. a little bit of a dip monday. then 80s again tuesday and wednesday. blustery conditions. we've got this high pressure anchored across the west. the clockwise motion going through those canyons and valleys, and that just continues to funnel all of this dry air, very fast dry air across southern california with wind gusts up to 30 miles per hour. firefighters really have their work cut out for them. it's i going to remain warmer than average across southern california. even across the plain states for the next several days where we could get 20 degrees above average. next hour, arthel will talk about across the country where we are dealing with extreme cold. stay tuned for that. back to you. >> i know, extreme everything in weather. >> yes, ma'am. >> thank you so much. >> okay. >> bao bao is doing great though. >> bao bao is doing great. bao bao has lots of water.

>> unsettling developments in the west virginia chemical spill. the latest on the company blamed for the spill that left about

okay. so here it is. more baby boomers are taking on a new role later in life. >> really? >> instead of easing into retirement many are heading down the path to a new career. listen. using their years of experience for their next act. brian is live in new york city

with the detes. >> more than nine million baby boomers are cowrntly -- currently in the encore stage of their life. fore going retirement and choosing new careers that provides new meaning and purpose to their lives, while contribute together greater good. becoming missionaries and social workers. >> after awhile they are restless and ready for a whole new chapter, and it is a chapter that might not last as long as hair midlife career, but can be as significant and weigh as much. >> she was a wall street investment banker for 24 years before the 9/11 attacks. he was motivated to pursue a passion, being a chaplain. today he is a pastor and chaplain at stanford hospital in connecticut. over the last several years he has been comforting and visiting patients all while training others to become chaplains themselves.

>> by listening and being accepting and reflecting exactly the same skill set i used in negotiation, i now use it for a different purpose which is to help the patient feel known and understood. >> he admits there are times he misses the adrenaline and excitement of his investment career, but today has no urge to retire. he says he feels more alive as a chaplain. >> it is satisfying in a different way. you speak of being able to contribute and being able to give back. i think that's a lot of what motivates those of us who do this kind of work in a second career. >> every day 8,000 people are expected to turn 65 which is why many believe encore careers will forever change the way people live the second half of their lives. arthel? >> thank you so much, brian. first lady michelle obama just entered the 50 and fabulous club yesterday. want to cheer for that?

>> i am. that's exciting. >> tonight she will celebrate with family and friends at a white house bash. the let's move creator is getting ready to show off some fancy dance moves for the bests and who better to dance than rumored performer and guest beyonce. >> i love it of the happy birthday. 50 and fierce is what i say. happy birthday. so is the obamacare website still falling short, or is it actually exceeding expectations? and what about the millions of uninsured? are they actually signing up in important answers and a full report just ahead.

hello. glad you are with us and welcome to "america's news headquarters." >> good to see you. topping the news this hour, new fallout over president obama's proposed nsa limits. coming up, a look at what really could be changed and why critics on both sides of the aisle aren't so happy. thousands are people are making their way back home after being forced out by a massive wildfire. the danger is far from over. we'll have a live report. >> and an update on the brutal beating of a morning city driver by a motorcycle gang. next, hear how he is fighting back against the nypd and the undercover officers accused of standing by and letting the whole thing go down.

but first, new questions about whether obamacare is really doing anything to improve our current health care system. after a stunning report shows a majority of people signed up on the on-line exchanges already had coverage. doug mckelway is live with more on that. hi, doug. >> hi, greg. these numbers are based on a combination of surveys and they find that of the 2.2 million people who sought to enroll through december 28th, at least two-thirds were already covered through private health insurance plans or employer plans. only 11% of consumers who purchased new coverage under obamacare had been uninsured previously. john goodman of the national center for policy analysis says this should not come as a surprise. >> under obamacare even if they do everything they hope they will do the majority of uninsured will be uninsured. there will be 30 million people without health insurance. that's part of the reform.

>> a bigger problem remains the lack of young, healthy people signing up for the exchanges. they are needed to help pay for the older, less healthy people. those with preexisting conditions who could no longer be turned away by insurers, their accentance into these exchanges means that costs necessarily go up for insurers. sur facials find -- a surveys find they were between the ages of 18 and 34. the centers for medicare services believes the numbers are getting good and getting better. 234 a statement they told the watt street journal, quote, we are in the middle of a sustained 6-month open enrollment period and saw strong interest across the range of demographics so far. people have until the end of march to sign up for the plan so there remains plenty of time left. greg? >> doug doug mckelway, thanks. >> thank you, doug. for more wea columnist for the washington times.

let's break it down in terms of why these people are now going for obamacare -- or the folks who were already insured now they are switching to obamacare. why is it? are they going for -- are they getting better premiums and better coverage? why is it? >> for a a lot of them they have been dumped off their plans because the employers are realizing it is easier to go ahead and let the -- let them pay the fines. but also a lot of people, the plans that they have, even though for a lot of them they like the plans that they had. they don't meet the requirements that are set by the obama administration under obamacare. so they too are losing their plans. obviously over the past couple weeks and months we are seeing improvements in the computer, into the website sign up for a lot of people. in other places like oregon they still have yet to sign up

a sing tbel person into -- a single person into the exchange there. so there is still a lot of problems. but more and more people are signing up. but the problem, of course, is as doug mckelway just pointed out, with the new surveys it shows as few as 11% of the people of the 2.2 million i think people who have signed up for obamacare so far, they were -- they were the people who were not insured before. and for much -- for a huge part of the argument that president obama and democrats made going into this was that they were going to try to reach these people who were uninsured. that is where they are still struggling right now. >> of course there is a survey we were looking at by a company called mckenzie and company. it is a management and consulting firm and they surveyed about 4500 people of those who are thought to be eligible for the affordable health care act for insurance through that, half of them said they didn't sign up because they couldn't afford

obamacare and a third didn't sign up because they were faced with those technical difficulties. i wanted to know if you had any take a on how the insurance companies are -- how they are reacting as some of them were hoping to get new customers. >> a great point, arthel, and a big problem with the program is insurance companies were -- they came along with the idea of doing this. they went along with obamacare under the understanding as you point out that a they would get a lot more new customers. with the website problems that are being fixed as well as with the -- with a lot of the unintended consequences of mandating health care for these people is the fact that are you getting some of the least profitable people signing up, meaning the older and the sicker people who need insurance and they are not getting the most profitable

customers which are the younger people, the healthy people, the people that paid the premiums to cover all of the other people and don't really ever end up using insurance. so that is a real problem for the insurance companies. i think we are starting to hear some them about that. >> charlie, you know this week they announced in terms of the folks who signed up through the affordable care act so far most are ages 55 to 60-- 64 and the other are the 18 to 34%. 234* terms of the demographics do you have any idea the folks we are talking about in this story which we are talking about the people who had insurance and were insured and dumped it for various exprns are on to obamacare. do we know the demographic break down there? >> this is basically the large -- the overarching problem that faced us from the beginning. if you don't get the young people, the people in the

health care demographic to sign up then that's where we heard the talk about the death spiral. the administration says we are beyond that and they have managed to get enough of those people. i don't know the percentage they are saying that they have gotten enough to avoid that. but the truth of the matter is , it is too early to see. of course with just 2.2 million people signed up at this point and again the administration says we are in the middle of a six-month sign up period and they intend to get a whole lot more than that. in the coming months their argument is that they are going to get more of those younger demographic people that riel make it -- >> before the deadline that is march 31st, exactly. i got your point. i'm sorry i had to cut you a little short there because we have to move on and so we have to end it there. take care.

a man accused of sending a series of ricen-laced letters to public officials including the president has pled guilty. j everett duchkey could see prosecutors reduce the life sentence down to 25 years according to police. he allegedly sent the letters a as part of a bizarre plot to incriminate a long-time add -- adversary. remember the father that was sur rounded -- surrounded and brutally beaten? now he is suing the city and two alleged attackers who are nypd cops. he filed it on behalf of himself and his two passengers. remember his wife and daughters were in the car with him. he said the nypd was negligent for failing to properly hire and train the officers. new details about the

southwest airplane that landed at the wrong airport in missouri on sunday night. the national transportation safety board that they were confused by the small airport's a runway lights. the boeing 737 landed at graham clark downtown airport after the pilots mistakenly identified it as brandon airport some miles away. the ntsb said the captain had not previously landed at branson. and new developments in the west virginia chemical spill case. freedom industries, the company blamed for the incident has filed for bankruptcy as it faces many lawsuits. the chemical spill left about 300,000 people without safe water for days. the bankruptcy document estimates that the company's debt is at $10 million or less. the cost of the disaster is expected to run much higher. thousands of evacuees from

the massive southern california wildfire returning home now. dry brush in the foothills near los angeles fueled the fire that is reduced to smoke and ashes. red flags still remain though as the state struggles with the record drought conditions. will has more on this now. will, how bad is the drought in california? >> greg, typically california gets most of its rain in the winter. here we are in january and the state is desperate for water. there just has not been enough rain. it has had a major impact on farmers and crops that are grown here in california, but then are sold across the country. in fact, it is so bad that california's governor declared a drought emergency. governor jerry brown says this is the worst drought in california's recorded history. he is cutting red tape to help transfer water from people selling it to people who are desperately trying to buy it. he is also asking for everyone

in california to conserve their water usage by 20%. >> we are in an unprecedented, very serious situation and people should pause and reflect on howdy pendant we are on the rain, on on nature and one another. i am calling for a collaborative effort to restrain water use. >> talk about not enough rain, there also hasn't been much snow. there was a report that a bear actually wound up on a ski slope when the skiers were coming down because he wasn't hibernating. imagine going down a ski slope and running into a bear. nobody was hurt. >> lions and tigers and bears, oh my! how are they dealing with the colby fire? >> they are getting an upper hand on it. it is 30% contained and burned a half dozen homes.

at first thousands of people had to evacuate. as of now there are still about 300 people under a mandatory evacuation. again it plays into the dry conditions that we have here in california right now. the governor because of the drought is calling to add seasonal firefighters. but greg it is only january and if this is a sign to come of what will happen a in 2014 it could be a dry and dangerous wildfire season. >> will, thanks very much. and we go from the extreme drought conditions in california to a blast of wintry weather across the midwest that is bringing snow from minnesota to ohio and behind that is the return of antarctic air. of an arctic air. oh no, not that again. we are bracing for the bone-chilling cold we saw a few weeks ago, right, janice dean? >> yes, it won't be as cold as we saw a few weeks ago, but cold enough to stay indoors

especially if you live across the upper midwest and the northern plains and lakes. there is your forecast high for saturday. below average in the midwest and great lakes, but watch monday. there is that arctic air invading the northern plains and the midwest. 3 in fargo and 4 in marquette. and 6 in fargo and 5 in marquette as this air continues to move southward and eastward and toward the northeast and new england. by wednesday we will be getting in on some of the arctic air. not as cold as it was in early january. we were talking about temperatures in the minus 30-degree range for international falls. this round of cold air will be not as cold. still we will see dangerous windchills in these areas and people will be urged to take precaution. so for chicago it has been the on going winter for you. we have seen a lot of snow, and we have seen incredibly cold temperatures. tuesday, 9 degrees as your daytime high and wednesday mns 2 and your -- minus 2.

high pressure around the northwest, in the northeast and the great lakes we are talking about the cold air plunging southward and around this storm track, the jet stream we are seeing these quick-moving clipper systems bringing a fair amount of snow of the three to five inches in ice -- isolated amounts toward chicago and even parts of long island reporting an inch. boston also getting in on several inches of the snow. these are clipper systems. they are quick-moving storms, but we could see some snow and winds and cold air in its wake. back to you, arthel. >> yikes. thank you so much. wednesday it is going to snow here, but good for me. i will be on my way to l.a. >> is that right? going to beautiful los angeles, california. >> sunny. although they really do need some rain. >> it is like 80 degrees in l.a. wow, amazing. caribbean vacation doesn't end well for some cruise

passengers. what happened on board that ship ? we will tell you. >> and do you scrape your windshield after a snowstorm? we'll tell you if you don't do it in one state you could possibly be in trouble. plus this. >> there it is. >> look at that. it is an avalanche. wow. sorry. i didn't realize i was on the air. with big snowstorms comes the risk of avalanches. that was reaction. wow, look at that. how you can stay safe when encountering something like this. there's a new form of innovation taking shape.

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next is every second of nbcuniversal's coverage 0f the 2014 olympic winter games. it's connecting over one million low-income americans to broadband internet at home. it's a place named one america's most veteran friendly employers. next is information and entertainment in ways you never thought possible. welcome to what's next. comcastnbcuniversal. time for a quick check of the headlines. two high school students shot in their arms in a gym in philadelphia. one teen has been charged with aggravated assault. another has been cleared. police are searching for a third suspect. dozens of passengers aboard a royal caribbean cruiseship becoming stick with a stomach illness after a caribbean trip. more than 60 people experienced gastrointestinal issues including vomiting and

diarrhea. norovirus is expected to be the cause. flu activity increases across the country. the centers for disease control and prevention say 40 states are now reporting widespread disease activity in the last week alone, 10 children died of flu. avalanches have killed at least five skiers and snowmobilers in the western states over the past few weeks. experts at colorado's avalanche information center now explaining the conditions that can cause major avalanches. alicia is in vail, colorado with the story. >> we snowshoed our way into the backcountry's 11,000-foot vail summit with an expert mountain near. he says mountain tops and steep slopes dig a pit in the snow. >> i will dig one. it may take a few minutes.

>> checking for a weak layer under the compacted snow. it is called monsters in the base meant -- basement. >> i am going to tap it. one layer here and one layer there. do you see how that broke apart? if i dig in here and i move my shovel, do you see that a? that is the layer that can come right off. see how that goes? , boom. that is a danger. >> what made the bottom so flimsy is known as sugar snow. even if you know nothing about snow science it is worth it to build the pick. it is sugar snow and acts like ball bearings. sitting on top, which is what happened here, could be something like this. that's what friends say likely happened to expert skier tony siebert while skiing vail's backcountry. the weak underneath gave way. >> if there is anything we can move from the negative to the positive here and especially

on behalf of tony or anybody else that has been lost or hurt in such a situation, we need to get out there and educate ourselves. >> our thanks to alicia for that report. a new law in the state of connecticut aimed at preventing ice missiles. that's right. they occur when chunks of ice dislodge from the top of cars and they can fly off and can hit other vehicles and they can hit people on the street. one connecticut lawmaker is pushing through a new law to prevent it after a sheet of ice flew off a truck and struck his wife's windshield. the law also allows connecticut police to ticket drivers who do not clean snow and ice off their vehicles. i always keep one of those handy dandy scrapers. >> you have to. it can be dangerous. when we come back, we will tell you about a huge blast rocking a restaurant in kabul, afghanistan several -- siling

several americans and afghani nationals. a live report on the aftermath from our mideast bureau. and new limits on the nsa. we will look at the legal fallout and discuss whether the president's announcement carries any real significance. >> the power of new technologies means there are fewer and fewer technical constraints on what we can do. that places a special obligation on us to ask tough questions about what we should do.

a fox news alert. the white house condemning the bombing in afghanistan that killed 21 people. the blast going off at a crowded restaurant in kabul last night. two american citizens are among the dead. those casualties are making it the deadliest attack against foreign civilians in the country since the war began 13

years ago. connor powell has the latest from the mideast bureau. connor? >> arthel, this was an unusual attack for the taliban. normally they strike at hard targets, government buildings and military checkpoint and convoys and not soft targets like restaurants. last night as people were sitting down to have dinner at a lebanese restaurant in downtown kabul a suicide bomber attacked the front door. several taliban gunmen sliped in the back of the restaurant shooting people at point blank. they are taking responsibility and are promising more attacks. >> there was no army in the restaurant and there was no police in that restaurant. it shows they are the enemy of the civilians and the defenseless people. >> now at least two americans are among the 21 that were killed. one just arrived in kabul in

the recent days and just joining the faculty dl. there are also reports that there may be another american in the embassy and officials are looking into this report. right now among the dead there are several afghan workers and four u.n employees and the head of the international monetary fund in kabul. and the lebanese owner of the restaurant who reportedly had a gun and tried to battle the attackers inside the restaurant trying to save the lives of his customers. u.s. troops withdrawing from afghanistan in the coming months and by the end of the year there is a growing concern, arthel that there will be more attacks on soft targets moving away from military targets. the violence and the chaos could actually destabilize the country further and remove some of the fragile gains that have been made in afghanistan ssments it could. it could turn it from fragile to worse going forward. there is concerns about the

afghan presidential election in april. right now there are a lot of scenarios and none look good in the future. >> thank you so much for that report. reaction is pouring in now over president obama's proposed nsa reforms including a proposed new limit on the spy agency and restricting its access and storage to the telephone meta data collection process. elizabeth prann has the latest from washington. >> president obama clearly said he is not ending the surveillance programs. he did propose a number of tweaks. the nsa will need course permission before accessing americans' stored phone records. they will no longer monitor allied leaders and they are tasks to create a panel to monitor the on going surveillance course. they say it is keeping americanning safe. >> what i did not do is stop

these programs wholesale. not only because i felt that they made us more secure, but also because nothing in that initial review and nothing that i have learned since indicated that our intelligence community has sought to violate the law or is cavalier about the civil liberties about their fellow citizens. >> it is a far cry from 2008 when president obama criticized the programs as a violations of civil liberties. it is i will lis tig -- creating reactions. some say the president needs to look at things differently now that he is president and not a senator. >> i think you get a little wiser when you put your hand on the bible and then the listles of every american, you are responsible for that. >> what i heard is the president saying if you like your privacy you can keep it. meanwhile he will keep collecting your data. >> the patriot act, section 215 pertaining to meta data,

expires in 2015 which means the next battle is brewing. greg, back to you. >> elizabeth thanks so much from washington. for more on this now let's turn to our legal panel. a defense attorney and former prosecutor and bob massey a fox news legal analyst. bob let's start with you. the president did not terminate the program. instead he simply said it would not be collected. the meta data would not be collected by the nsa. legally, bob, does that make any difference? >> absolutely not. as it relates a to the collector, if you will of this information. if you will, of this information, you still have the fundamental rights, is this constitutional? are they violating the privacy rights we have as americans? in theory people understand

technology has changed the world and we need to protect us from the bad guys. when you throw the net over and take all of our information, delegating the collection of that to a third party does not address the fundamental rights. >> legally, keisha, i go back to judge pauly's decision and he buried it on like page 42, but the fundamental aspect was when you share information with a third party there is no right to privacy. >> one of the things i thought about was a cell phone carrier and they do retain the information. so having a third party keep that data is like your telephone company having that information and it is not the same. >> what do you think about that? this is going to go to the supremes, right? >> yes.

correct me if i am wrong, but there are two judges with diverse opinions. and so that right there, you and i as lawyers know ultimately this will get up to the supremes. ultimately, here is the thing. i think if you ask most americans like i said earlier do we want to be kept from the bad guys? yes. to take all of our information without the consent and as you said that that third party now once it is delegated out, the right of privacy is gone and how do we know how it is being used? that's the problem. we don't. if they say, well, that's my concern, how is it being used if at all? >> right. but bob, one of the things we have to remember is they have to follow certain constitutional safeguards such as having an approval by the court to use that information and the government is not just sitting there reading people's text messages. >> the problem with that is it

is not a public, open court. it is a secret court, right? >> which makes it better. >> you know, that raises the hairs on the back of your neck, doesn't it? you are wondering why they are so secret. >> i think they are specialized in national security which is an important concern. they may look at it differently than a regular court, but i think they are equiped to deal with -- >> isn't it convenient bob that the court has always -- 14 or 15 decisions now, has always upheld the legality of what it is they do. >> i love that you said that and i was hoping you would go there. the bottom line is they are policing themselves and they are uh officialing everything they do is correct. and that's the problem. when you have something that is as pervasive as this is, and you have something that is a secret court, and it is no disrespect to that, it is like why should you and i as

americans have to be concerned that this block of information on us is being given out or the nsa is looking at it, and at the same time, we are not sure all of the reasons why, and is that the best way to do it? i don't know enough about intelligence to answer that, but it goes to the judge's decision and you have a fundamental right of privacy. >> i am not a master of intelligence either, but i go back to the guy who created the intelligence program at the nsa. and he is now retired. he says they collect so much that it is more harmful than helpful. you just can't disseminate the information and make sense of it. >> one of the things i wanted to point out and you can say let's go to this person's phone that is on this particular person. you have to be on the radar as a threat to security.

>> why do i want them to have all of my -- why should they have people who have no cul paw built at all, why should they have my information? that's what i want to know. i realize they can't divulge all of the intricacies, but it is not enough to satisfy me as a sit sin. jay we have to realize there is no expectation of privacy and things like that. >> i'm with you on that. forget right to privacy. it doesn't exist anymore. not in this day and age. great to see you both. thank you so much. >> thank you, greg. >> thank you for having me. well, it is almost tax time and while americans are finding out if they were affected by holiday shopping security breeches, we will tell you what you need to know to protect yourself from identity thieves. and why last year new york really earned the nickname "the city that never sleeps." >> true, true, true.

welcome back. you would not exactly expect a city that never sleeps to be a quiet place, of course. but according to health officials noise in new york city can sometimes be a bit over the top. reaching as high as 100 decibels in someplaces. there is a live look in time square. it is a level that can cause severe hearing damage and

prolonged exposure. it was the city's tom complaint with 260,000 calls about noise violations. and all of this despite the city having some of the strictest noise pollution laws in the country. that massive data breech at retail giant target causing concerns for many americans over identity theft. and tax season as we know is around the corner. many of you filing tax returns on-line or mailing your personal information. what can you do to protect yourself from having the info fall into the wrong hands. let's bring inpowell. she is the founder of the powell financial group. last year -- you know this. last year 43% of the identity theft concerns, they were concerning taxes. >> absolutely. >> which makes sense because when you file your taxes you have to put the social security number, and that's the thing that people want.

>> and it is where the money is. it is where the money is. they are looking at -- according to the inspector general report, the irs sent out at least $4 billion to fraudulent claims. we know that some of these are overseas or to the same address. we know some are in china. some are in lithuania. lots of red flags had somebody taken the time to look at them -- it is a huge fraud and a lot of money. >> i ask you what should the government be doing differently to double check? >> i think the government -- first i want to give them credit that they are trying to do something where they put 3,000 more people on this particular problem, but it is a gigantic problem and growing. we have people around the world sitting day after day at computers figuring out how to break in and we put 3,000 more people on trying to keep them out. it is a tough battle they are fighting. >> as you noah lot of people file -- as you know a lot of people file electronically.

how do you safeguard against this? >> you have to be careful. if you want to file electronically, fine, but make sure you are at a safe computer. make sure you are not using a wi-fi that anybody can access. this is an easy way for somebody to tap in and get your information. keep in mind these criminals, they are really organized. this is a huge criminal enterprise. if they can file a fraudulent tax return they can apply for fraudulent credit for u.s. you can use your social security number for somebody to get a job or entry document. >> you said to use a locked, secure, wireless system at home or wherever you are filing. they have major fire walls in place, but these people are still getting in. they are getting in. >> they are relentless. they are always going after them. there is so much money. they will go after this of the and by the way, congress has man man -- has mandated that

they get everybody to file electronically. what are you thinking? you have to be careful. don't just stick it in your mailbox and wait for the post man to pick it up. bring it to the post office and make sure it is handed to the guy behind the counter and it gets into the system. >> my mom is good about that. she goes to the post office to do it. identity theft as we are talking is prevalent. usually if you are the victim of id theft you are the one who has so much trouble proving that, no, i am paw patricia powell. will that get easier for the victims to prove? >> no, it will get harder. remember these guys are getting better. it is hard and it will get harder. the thieves are getting better and better and they will get better at trying to lock you out. so what happens now with the irs is you may not even know that you are a victim until you send in your tax returns and you are expecting to get

your refund in 21 days, and instead you get a letter saying this is the second return you filed. of course we are not sending you a refund. or you know there is a problem because there is some other kind of employer on this and we are having trouble with the data. >> where is the letter coming from? >> the irs. that's the real letter. then you are like, what are you talking about? and it takes the irs -- according to the inspec fer general it takes 10 months and the irs admits to six months of resolving this with a typical taxpayer. >> if the irs is sending a letter where you double filed why are they checking to see -- >> it's your problem. the one good thing is you have an 800 number that you can call and get into an identity theft unit. that should be some help to you. the other thing they are doing is issuing pins for these people. they expect to issue 1.2 million pins this year to taxpayers. the only reason they are

issuing them is there is some kind of theft of their information. that's a lot of taxpayers, 1.2 million. >> pat powell, we have to go. thank you for the information and safeguard your computer. >> be safe. >> thank you. greg? art, the 2014 olympic games in sochi, russia is less than a few weeks away. we will look at russia's efforts to improve security and last month's deadly bombings.

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putin vowing his government will do everything it can to ensure a safe, winter olympics without taking security too intrusive for athletes and spectators. security concerns have risen since two bombings killed dozens of people in russia in the last month. chechen rebels are calling for more security before the games. joining us now is a former spokesperson for the u.s. ambassadors. good to see you. they don't have a bill of rights in russia, and the president, vladimir putin has

made it clear he will do whatever it takes. what do you expect for the sochi olympics? >> first of all we should start and end this discussion reminding ourselves of the terrible human rights record that russia has. with that in mind we also have to remember that they are dealing with the chechen rebels who are trying to create an independent islamic state carved out of an area inside russia. so they are dealing with some very serious terrorists. i don't have a lot of confidence that russia won't overreact. they debd on over overreact -- they tend to overreact and they don't have a good human rights record to begin with. this chechen rebel is reported as of last night and today to possibly be dead. he was the guy threatening to do something at the winter olympics. the russian officials are claiming he is dead, but there

is some sort of mixed feelings as to whether or not he is truly dead. >> he has urged his followers to strike at the olympic games. so whether he is dead or alive, i mean, arguably one could be more motivated if he is dead. >> yeah, i think that is a very good point in that his followers who are very passionate about creating an independent islamic state are going to be very upset if he was killed. and so there could be some sort of retribution. you have to understand that this is an international event with incredible crowds and the spotlight is on russia. the spotlight is on president putin. he wants to show the world that russia has survived the collapse of the former soviet union and that it is better today than ever before. he has a lot of people who obviously don't believe that. i think there is a lot of

signs to show that russia has incredible problems. he is trying to really push forward a public relations positive message here at the olympics. but he has some heavy issues to deal with. >> he does. let me quote him. nothing to hide or be embarrassed about following the collapse of the ussr. following hard and let's be blunt in a blood-soaked case, the overall state of society was pessimistic. it is interesting that he is quite open about terrorism in his own country. >> what is interesting is he is admitting that the collapse of the soviet union really caused a lot of problems. he is admitting they have a motivational problem with the russians. people are depressed and people are negative toward the government. but he makes a little switch and blames it on the chechen

rebels. i don't believe they are all about the chechen rebels. they have human rights abuses and they have an economy in failure. and so he's got a lot of issues and it is not only the result of terrorism in the chechnya region. >> we need to cheer up, he says. we need to understand and feel that we are capable of pulling off major, large scale projects and do so on schedule and with good quality. i suppose this is his attempt at the russian renaissance, right? >> maybe his attempt. you know who is not depressed? you know who has a lot of kick in his step is the foreign minister of russia. he is beating the obama administration every chance he gets. he is really controlling our syria policy. he is now looking like he is controlling the iran policy. the russian foreign policy has been great. >> rick, good to see you. thanks, rick. appreciate it. >> very good.

that does it for us. "a healthy you" and carol alt is up next and we will be back at 6:00 p.m. eastern time. >> and hats off to bou-bou. he made his debut.

welcome to "a healthy you." i am carol alt. i have a quiz. which of the following foods have fat, american cheese, avocados or french fries. give up? you know the answer. it is all of them. some fats are just better than others. now we have an expert to tell us which are bad to eat and which are essential for good health. plus, you have probably seen the commercial for the ab carver pro. the ball that helps us get the washboard abs. welshing the cr ab carver pro is here to convince me his product really works.