basketball. bill: i figure the folks in lincoln are ticked off. martha: you think? bill: not getting airtime. all about omaha. martha: see you guys tomorrow. bill later this afternoon. "happening now" starts right now. good buy, everybody. jenna: breaking news on today's top headlines and stories you will see here first. jon: republicans on capitol hill looking to shift the balance of power in the midterms. they may take a page from the democrat's playbook to do it. a double murder mystery in san diego with a new twist. another body turns up in the trunk of a missing family member's car. the material girl, never one to shy away from controversy but madonna is in full apology mode after racially charged comments about her own son. these stories and more all "happening now."

jon: very good monday morning to you on this martin luther king, jr. holiday as the president make as push for reforming the nsa there are allegations against a man who spark ad nationwide debate about government surveillance edward snowden. i'm jon scott. jenna: i'm jenna lee. are you wearing orange and blue for any particular reason? jon: just so happens my team won. jenna: just want to make sure we got that out of way. jon: close as i could come to bronco orange. sorry about the 49ers. jenna: won't be a split broadcast for the next week or so. congratulations to the broncos. we'll turn to our top story now today of course about edward snowden. this is a new allegation that after months of writing letters asking for somewhere to live following his leak of u.s. classified documents snowden is currently living in russia under temporary amnesty but some lawmakers say his final destination may be where he planned to go all along. chief intelligence correspondent

catherine herridge is live in washington working with this story for us. what are we learn about these allegations? >> reporter: thank you, jenna. a source tells fox news that investigators do not believe that the nsa leaker stayed at mirror hotel in hong kong last june but the residence of a non-chinese national who the intelligence community suspects helped facilitate snowden's travel to russia. the new allegation about snowden's unusual contacts in hong kong come as the leaders of the house and senate intelligences claim the nsa leaker did not act alone. those claims were given to fox news in a interview published in early december but now now senator fine stain weighed in on the sunday talk shows. >> he may well have. i don't know at this stage but to glorify this act asset sort after new, a new level of dishonor. >> he was stealing information that had to do with how we operate overseas to collect information to keep americans

safe. that, that's beg as question and some of the things that he did were beyond his technical capabilities. raises more questions. how he arranged travel before he left. how he had, he was ready to go. he had a go bag if you will and -- >> how high a level do you think? >> i will, let me say this i believe there is a reason he ended up in the hands, loving arms of an fsb agent in moscow. >> reporter: there has been no immediate response from glen greenwald as whether snowden stayed with a non-chinese national in hong kong believed to be a russian who helped facilitate the travel. when fox first reported allegations in december, greenwald said he believed they were baseless, jenna. jenna: more on the story as we get it. continues to be a little bit of a mystery. on friday on our show, catherine, a big speech from the president what to do next with regard to the nsa. what is the latest news in d.c. about the proposed reforms we

heard on friday? >> reporter: based on the democratic head of the senate judiciary committee the reforms fell short. and attorney general eric holder will be called to testify on that matter. >> we'll ask him a lot of questions because a lot of it what was between eand national tell against have to work out. there will be a lot of questions again from both republicans and democrats who are concerned we're going too much into the privacy of americans. >> reporter: by appealing to all sides in the debate the president may have created political jeopardy for himself and this push to rein in the nsa is one of the few bipartisan issues on capitol hill, jenna. jenna: certainly a big story today. we'll talk about it throughout the program. catherine, thank you very much. >> reporter: you're welcome. jon: talk a little bit of politics now. republicans seem to be using the democrats 2012 election playbook to set themselves up for a potential victory in this year's midterms. trying to widen the playing field for candidates who can

raise top dollars against democrats, especially incumbents f they win only a few of the races the gop could take control of the senate and with it the balance much power in both houses of congress. joining us a congressional reporter for "real clear politics." you have taken a look at this issue. you shea democrats did a great job of recruiting strong candidates the last time around in states that they knew that the president might lose. republicans are doing the same kind of thing this time? >> right. democrats last time played in states like north dakota were the president lost by several points. republicans this cycle are looking at places where they can widen the map, cast a wider net. they need to gain six seats in order to take control of the senate. by casting that wide night they're able to not only play in more states and up their chances but also force democrats to play in states where they thought they could be a little bit safer.

cause them to raise more money, spend more money. spend money in place that is they didn't think that they would have to. jon: let's take a look at states you say are the republican best chances of flipping a democratic seat. states like montana, south dakota, arkansas, and west virginia. they're putting this playbook into practice here? >> well, these are states that are traditionally red states but also democratic on the local level. they're currently held by democratic members of congress in the senate. so, these are states currently held by democrats but have a big possibility for takeovers by republicans. and then you look at other states that are not so red or traditionally republican that they're able to play in as well. jon: states like? north carolina, alaska and louisiana? those are some of the states that the republicans also have their eye on? >> right. these are states where you have democrats running for

re-election in the senate in red states. you also have places like virginia where mark warner, who has raised a lot of money, he is a democratic incumbent got a challenge from rnc, former rnc official, ed gillespie. that will cause someone like warner to spend more money and resources in a place where you know, he could have been reelected easily. that is still an uphill battle for the republicans. jon: right. republicans need to flip six seats if they want to take control of the senate. you add up the states we talked about. and virginia you threw in at the end, those are eight states where republicans at least have a prayer. you can also talk about new hampshire where jeanne shaheen is facing a pretty potentially tough election? >> right. in new hampshire you can also look at places like michigan where a republican candidate is running competitively in the polls there. those are traditionally safer

for the democrats there. and again, even in new hampshire, even if jeanne shaheen, the current incumbent looks good, polling well, looks good in the state, it is still causing her to perhaps, you know, raise more money, spend more money and resource that is that she might not have had to without a challenge. jon: but you say that what republicans did last time or what republicans did last time effectively is play local issues while democrats, i'm sorry, republicans ran more of a national race. is obamacare enough of a national issue this time that those tables can be turned? >> right. i think the health care law, it play as little bit this cycle because it obviously has been implemented now. i think that will be the overarching theme in a lot of, in most of these races but the challenge for some of these local, for some of these

candidates is also to play to local dynamics policies and politics. so that could be taking the health care law. also talking about different things on the state level as well to kind of compliment that. that is what democrats did really well last cycle was to play to these local issues. jon: but before republicans get too excited, it is incredibly hard to unseat an incumbent in the senate or in the house. >> indeed. it takes a lot of money and resources and, you know, this is a democratic playbook. because it worked they are going to use it again. they are recruiting good candidates, viable and electable candidates. they're playing in states that could have been challenging otherwise. so it will be very competitive. we also have to keep in mind that republicans have to, they have to not only gain six seats. that means they have to keep the seats that they already have in places like georgia and kentucky where democrats have put in candidates and money. they're using that same strategy as well. jon: yeah.

each side trying to take advantage. all right. thanks very much. caitlin burns from "real clear politics." jenna: stay with politics now. new jersey governor chris christie facing new allegations of political pay back today. eric shawn live in the new york city newsroom with more onth story. eric? >> reporter: act youcations and denials as governor chris christie's administration faces more allegations of political playbook. the latest charge comes from hoboken, new jersey, mayor, dawn simmer. she claims she was taken down by a top christie administration official. simmer charges that. christie's lieutenant governor, kim guadagno, would with hold federal funds for hurricane sandy money if she didn't support a development chris at this wanted to build in her city. they accuse christie's administration of political play back not supporting for governor last fall prompterred by the

bridge scandal allegations. dilute governor guadagno in a carefully read statement is noise zimmer es story. >> mayor zimmer's version of our conversation in may of 2013 is not only false, but is illogical and does not with stand scrutiny when all of the facts are examined. >> reporter: guadagno refused to take questions of reporters at that news conference. zimmer reportedly spoken to the u.s. attorney about her charges yesterday says she does have faith that guadagno would say what happened if she is called. >> i believe if and when she is asked to testify under oath, the truth will come out because i believe she will be truthful and she will tell the truth. >> reporter: the bridge scandal and a slew of subpoenas that went out last week to nearly 20 of governor christie's top aides overshadowed his national political future n an interview

with yahoo! news, the governor is still trying to get his arms around the situation and feels like he has quote, been hit across the forehead with a two-by-four. jenna. jenna: that is never a good feeling, is it, eric? >> reporter: no. jenna: we'll continue to watch the story, eric. thank you. jon: a shocking story under police investigation. a gruesome triple murder. a young mother, her two toddlers stabbed to death. we'll tell you where and how they're looking at this one. plus, brand new video posted by a known terror group threaten the winter olympics in russia. how safe will the athletes and visitors be in sochi? i'm beth... and i'm michelle. and we own the paper cottage. it's a stationery and gifts store. anything we purchase for the paper cottage goes on our ink card. so you can manage your business expenses and access them online

instantly with the game changing app from ink. we didn't get into business to spend time managing receipts, that's why we have ink. we like being in business because we like being creative, we like interacting with people. so you have time to focus on the things you love. infrom chase. so you can.

jenna: welcome back, everyone. some growing concerns over safety at the winter olympics this year in sochi, russia.

with less than three weeks until opening ceremonies begin, a brand new terror threat posted on line from islamic militants. jonathan hunt has more on this. jonathan? >> reporter: jenna, this latest threat contained in the video is taken very seriously by russian forces and indeed governments around the world given the international nature of the olympics this is still from the video published on youtube over the weekend. in it these these two militants say they have a surprise for the russian government and indeed for any tourists visiting the olympics this is a direct threat against a very specific event and it comes from a group that has shown recently that it can be ruthless and effective. this is the same group that carried out the twin suicide bombings in the city of volgograd last month that killed dozens of people. but russian president vladmir putin says he believes his security forces are up to the

job. listen here. >> translator: the job of the olympics host is to assure the security of participants in the olympics and visitors. we will do whatever it takes. >> reporter: russia is indeed mounting a huge security operation around the olympics which begins february 7th. as putin says the host nation is ultimately responsible for security. but at these kind of international events there is usually a great deal of collaboration with security agencies from other countries. there is worry that hasn't happened this time. this is security expert jim walsh of mit. listen. >> the russians are not known as big sharers to begin with. they will always play it close to the vest. there i would think are issues not only communications with the governments of participating olympians but there will also be questions of information-sharing within the bureaucracy, within the russian bureaucracy. as you well know we faced that as a problem combating terrorism

here in the u.s. whether the left hand knows what the right hand is doing. >> reporter: u.s. officials are so concerned there is contingency planning going on right now, jenna. but what sort of operation the u.s. might be able to mount if u.s. citizens were among hostages taken in the event of any sort of attack. the difficulty in planning that though is russia's his tore rick reluctance to allow any sort of foreign forces on to its soil. but nonetheless everybody right now, jenna, preparing for the worst while obviously hoping for the best. jenna? jenna: hope nothing happens as you point out jonathan. but it is good to be prepared. good thing they are going over the plans just in case. jonathan, thank you. >> reporter: yeah. jon: jenna, break out the puffy coat as bitterly cold weather is coming back. temperatures are plunging again. a new arctic blast hitting a big chunk of the country. we're live in the fox extreme weather center with your forecast. plus one much president obama's key proposals for reform

nsa turns into a hot potato as a former attorney general tells us what he would do. >> i think a lot of the privacy people perhaps don't understand that we still occupy the role of the great satan. new bombs are being devised. new terrorists are emerging. new groups. actually a new level of viciousness. and i think we need to be prepared. i think we need to do it in a way that respects people's privacy rights. there's a new form of innovation taking shape.

at a company that's bringing media and technology together. next is every second of nbcuniversal's coverage 0f the 2014 olympic winter games. it's connecting over one million low-income americans to broadband internet at home. it's a place named one america's most veteran friendly employers. next is information and entertainment in ways you never thought possible. welcome to what's next. comcastnbcuniversal. jon: right now new information on some crime stories we're watching. police in new york city investigating a triple murder. a young mother and her two toddlers found stabbed to death in their queens apartment last

night. no word of an arrest. closing arguments in amanda knox's third hurt trial in italy. the american is accused in the stabbing death of her british roommate. knox refused to leave the united states to attend this trial. some of casey anthony personal items are for sale on internet. a website dedicated to selling to macabre memorabilia is hawking stuff from the mom. she was acquitted of murder iring her daughter case caylee. jenna: it involves twowho controls phone data collected on hundred of millions of americans. chairman of house homeland security committee says putting a plan in action will not be easy. >> we know private moan carries -- carriers don't want to handle this right now. that will be a real issue, but who has the capability other than nsa to handle this information and particularly

given the pact that the phone carriers don't want this i think the attorney general will have a very difficult decision to make here. he will report to congress in 60 days. we'll be reviewing that decision but i think it is very difficult to decide who has the capability to store and use this data. jenna: so what would an attorney general do in this situation? we have the right person to ask. judge michael mukasey former attorney general under the bush presidency. judge mccasey when you heard this would fall under the hands of the attorney general, what is the solution out there. >> the only proper answer to that question is you can't get there from here. the in. sa holds that information securely. the president said that the nsa was holding the information securely and there were no abuses. then he turned around and the need to respond to people's falsify-based fears. that is not an assignment for an

attorney general. that is assignment for a psychologist. jenna: falsely-based fear what is do you mean of that? >> it doesn't consist of content. doesn't identify callers. it is directory of telephone calls, but if we get suspicious number overseas we can check it whether it has called the a number in the united states or been called by a number in the united states. jenna: it seems the fear though that is surfacing in this conversation isn't only what has happened in the past or what is happening now with this data, but what could potentially be used in the future under different administrations of the what do you think about that argument, somewhere down the line it changes and morphs into something that really does infringe on civil liberties? >> i think there is no content to that argument. you coon make the same argument about a policeman carrying a gun. what happens if he turns it on innocent civilians? same thing carrying a nightstick. what happens if he hits somebody at random or the army launching a missile.

the fact we need those weapons to defend ourself and if they're not being abused the thing to do is to make sure they're being effectively used. >> interesting enough some argument about the nsa and potential abuses is already being in used in court today. the alleged christmas bomber in portland, oregon, a man who put a would-be bomb on side of the road thought it would explode in a crowd of people. he was arrested and charged. his lawyer is asking for new trial, he wants prosecutors all materials derived from surveillance activities because they think it came from the nsa. with this argument how it is being use now how do the courts? what is the right decision? >> i think they find there is no nsa information here and this lawyer is taking advantage after current flap in order to try to make a point for his client. jenna: ultimately do you think the nsa remains a place where the data is held? >> i think it should remain the

place where the data is held. if the data is moved into private hands, it is less secure and still there and ironically could be conceivably accessed more easily by the russians and chinese than by the nsa because they're creating an obstacle to the nsa getting into the data by requiring that they go to court first. hackers don't have to go to court first. jenna: over the years you've seen courts and obviously laws change with technology. what is your biggest concern seeing what we're able to do threw technology and seeing perhaps the way the laws are catching up or in some cases maybe not? >> my biggest fear people will start to meddle with the intelligence system that is keeping us safe. in order to meet fears and anticipations that have not happened and are not likely to happen. the people who are administering this are afraid of only, the nsa people, are afraid of only one thing, and that is another attack. that is what they devote their attention to preventing. that is the only thing they

devote their attention to preventing. and to start making it more difficult for them to do their job is unwise. jenna: let me ask you a quick final question here about edward snowden because of course none of this would have happened, based on what we've seen over the last year, until his leaks and now we're getting these reports that perhaps they were more orchestrated, his leaks and research than previously thought. what is your gut on that, about how this whole thing came about? >> i mean my gut whether he had help from the outside? jenna: help from russians being alleged right now. helped by other people. seems according to the lawmakers and sunday shows they're saying listen this guy wasn't just independently going through this information gathering. >> i think that's clear. i would check out first the first stop which was in hong kong. my principle focus would be on the chinese. the russians at this point have him as sort of a washed-up star playing out his career, kind of like willie mays finishing his

career with the new york giants and stumbling in the outfield. new york mets, rather. i think that, certainly either the russians or the chinese were working him well before he surfaced. jenna: where do you think we'll be in a year from now with him? do you think he is still in russia right now? >> oh, yeah. he is useful to putin as irritant and something to dangle in front of the united states and the president when he wants to get a rise. jenna: we'll sit and let that happen? >> we have very little choice. very little choice. jenna: judge mukasey, thanks as always. thanks for coming into the studio. >> thanks. jenna: jon? jon: day one of a nuclear deal with iran and so is tehran holding up its end of the bargain and earning controversial relief it is getting? get ready. more bone-chilling cold could be on the way. what you need to know if you're

on the move this week. >> i have a dream today, one day a nation will not be judged by the color of their skin but by the content of their character ir. i have a dream --

jenna: right now a quick look what still to come on "happening now." a chilling discovery in a double murder mystery in san diego. on christmas eve two people were found shot to death outside of a mall. the police have found a car of a missing third person who was with the victim. inside the trunk, an unidentified body.

more to that story. the president causing a stir talking about marijuana saying it is not more dangerous than alcohol. his comments in a wide-ranging interview with the "new yorker" magazine. plus, madonna landing in hot water for using a racial slur to describe her own son. now the material girl in full apology mode. we'll explain that. jon: now this fox extreme weather alert. another round of dangerous arctic air is making its way across america's midsection, set to put a deep freeze on the northeast as well, bringing several inches of snow and causing more travel troubles after thousands of flights were canceled earlier this month. and ice created slick conditions on the road. maria molina is live in the fox extreme weather center with your forecast. maria. >> hi, jon, good to see you and hello, everybody. we'll be seeing another round of arctic air across the northeast and parts of the midwest. everyone remembers earlier this month we talked about the polar

vortex and dangerously cold temperatures across many areas. this outbreak will not be as bad as our last round of arctic air. that said we'll still seeing dangerously cold winter temperatures across many of these areas. showing you today, you can already see some cold temperatures in place. fargo and marquette, already in single digits. by tuesday the cold air continues to expand. in buffalo you remain single digits for warm temperatures. single digits in chicago and below zero in parts of the upper midwest. wednesday, the high? new york city only in the teens, the same goes for you in the city of boston. then of course nighttime temperatures will be colder than that. in fargo, the actual temperature, 27 degrees below zero. it will bedegrees below zero in indianapolis. 22 degrees. n 20s for actual temperatures as far south as georgia. teens in parts of

north carolina. by wednesday night, still frigid out there. in boston the low temperature will make it down to four degrees. because of dangerously cold windchill temperatures we have advisories and warns in place in the northeast and width west. if the arctic outbreak the cold temperatures will be accompanied by some snow. we're expecting a clipper system to move in through areas of the mid-atlantic coming up through tomorrow. we have winter storm watches, jon, some areas could see anywhere between four to eight inches of snow across the tri-state. d.c. could see four to six inches of snow. we'll keep tracking it. jon: please do. maria molina. >> thanks. jenna: it is day one of a new framework deal over iran's nuclear program. u.n. inspectors arrived there this weekend as iran begins disconnecting centrifuges and starts the process of dismantling the stockpile of highly-enriched uranium. this is part after six months

tentative agreement between the united states and five world powers. in exchange the u.s. agreed to give iran billions and billions of dollars in sanction relief. one of the things we'll have to do is wait and see if it was worth those concessions. we have the president of plowshares fund and frank gaffney, president of center for security policies. nice to have you both with us today. >> thank you, jenna. jenna: before i get into uranium enrichment and centrifuges, really exciting stuff about nuclear technology, let's start here, joe. iran is the number one state sponsor of terror. because of what is happening within the country now and this agreement are we safer today then last week? >> we are safer because of their, they have stepped back on their nuclear program. it doesn't do anything to address these broader concerns that you raised. it doesn't decrease their support for hezbollah. it doesn't decrease their support for assad. that's the kind of treatment you might be able to get down the road if this nuclear program

works out. jenna: frank, your thoughts. >> i would add to joe's list it doesn't actually cause them to step back from their nuclear weapons program either. this fellow rouhani, is the guy we're doing the deals with as snookered us in the past, said so, bought time for the nuclear weapons program. i think he is doing it again and at moment he is not only saying it is time to express with action death to america but he is absolutely determined not to eliminate the infrastructure that his country put into place for the purpose of getting a nuclear weapon. indeed that is what this deal does. it leaves all of it in place. his own chief atomic guy says, you know, we can turn this thing back on, undo everything called for within this deal within days. i think this is a pig-in-a-poke i'm afraid. unfortunately i think it will make for a more dangerous world, not one safer by any means. jenna: joe, that is not just the iranians saying that.

one of the former u.n. inspectors for the iaea, the watchdog group on all this who worked in that agency for 30 years it, can take iran from two weeks to two months to flip the switch from this point on, regardless what they're connecting to make a nuclear bomb. are we getting anything with them turning off some of the centrifuges now? >> jenna, i'm thankful you had frank and i have last year. let's track this six months and see who's prediction is correct. absolutely true the deal is reversible on both sides. iran could decide tomorrow not to cooperate and turn the centrifuges back on. we could decide to turn the sanction relief off and keep more of their money we already have. the beauty what you're see something a step by step process. if they continue to roll back their program, we continue to release a little bit of their money. that is the beauty of this deal. we're buying their compliance with their own money. it is a fraction of what they

need. for example the international sanctions that we put on with the cooperation of every government in the world has cut iran's oil supply more than half. they're losing $10 billion a month. we'll give them about 500 million in sanctions relief for this interim deal. if they want the rest, if they want to get their economy kick-started they will have to roll this program back permanently. they will have to accept permanent inspections. this will all play over the next six months. we'll see how it goes. jenna: that is what supporters of the plan will say, frank, at least we have the six months this is a good trial period, we're at a good starting place. you say what? >> i'm saying you can't actually undo the damage being done right now. we're seeing the regime legitimated. i don't know where the joe is getting numbers. administration itself said $7 billion. maybe it is their own money. it is life-support for the regime. others said as much as $20 billion over the life of the program. hire's the kicker, meantime people in the region most

especially looking at this and making their own calculations. i think saudis, egyptians, tushes are calculating they better get their own nuclear weapons. joe is big on a world without nuclear weapons, this is not formula for getting it. more to the point the israel and united states will be at greater risk and end of six months. i that is one thing i delighted to talk with joe with anytime. jenna: maybe we have been have a wager. no, that would be wrong. i like to have you both back in six months to see what happens. before we look at long term arms race in the region i want to get your quick thoughts on this. there is report that pittsburgh university is heading to iran on 50th anniversary of one of their performances in 1964. we have pa sold outperformance in tehran, a photo that the symphony did. this is type of cultural diplomacy needs to happen in conjunction with what is happening with this nuclear deal. i'm curious your thoughts on

this. joe you first, and frank. >> this is exactly the kind of thing we have to do to open up channels of communication. u.s. wrestling team, wrestles iranian wrestlers. this cultural exchange what you need to break down barriers. to let each country the other country what we truly are. i'm delighted pittsburgh symphony is going. jenna: frank. >> i am from pittsburgh. i'm a fan of the semiphony. this is legitimating the regime and saying that the problem has gone away. nothing changes in terms of the threat iran represents to us, especially joe concedes its support for terrorist organizations working against our interests and trying to put sharia on top of us all throughout the western world. i think this is mistake and untimely to say the least. jenna: great to have you both together. i appreciate the fact that you agree to come on even though you disagree on these top picks. >> happy to do it. >> thank you, jenna. jenna: joe and frank, thank you. jon: good debate.

christmas-time trip to the mall ends with a murder and a crime unsolved. two people are dead. a third is missing. now police make a chilling discovery. could it break the case wide open? plus, 345 donna make as -- madonna makes a very poor choice of words on social media. she is not the only celebrity doing it. julie banderas joins us with the fox 411. if you wear a denture, touch it with your tongue.

if your denture moves, it can irritate your gums. try fixodent plus gum care. it helps stop denture movement and prevents gum irritation. fixodent. and forget it. jenna: this story we're following for you next hour. a new debate over the keystone pipeline. the wildcard is canada and they're getting frustrated with washington over the pipeline and whether or not it is going to happen. we'll talk about that and what are some alternatives as well if the pipeline doesn't come in. the supreme court taking on technology versus privacy debate agreeing to two cases test whether police making an arrest

may take your phone without a warrant. we'll put that to our legal panel. a big earthquake rattling new zealand. u.s. geological survey said the quake measured 6.3. we'll show you the damage coming up. jon: some big stars getting into big trouble on social media. shocking their fans if that is even possible. julie banderas is live with the fox 411. julie. >> i don't think anybody is shocked by anything that comes out of madonna's mouth, right? but two celebrities, two different apologies on social media for using offensive language. the first comes from madonna after she got a load of backlash using the "n" word captioning a photo on instagram. the 13-year-old was boxing with a caption, no one messes with dirty soap. mama said knock you out. along with the hashtag, disney. word. material girl who isn't apologetic for offending people and took down the caption and apologized saying i'm sorry if i

oaf ended anyone with the use of the "n" word on instagram. it was not meant as a racial slur. i'm not a racist t was used as term of endearment toward my son who is white. i appreciate it is a provocative word and i apologize if it gave people people offended. then i said get off my f-word, that is the madonna we know and love. the reality star juan pablo galavis is defending comments he made to a reporter when asked if it would be good idea to have a gay or bisexual bachelor and explained no why it wouldn't set good exempt for kids. >> there is this thing about gay people, that it seeps to me, you know, i don't know if i'm mistaken or not, i have met great, i have a lot of friends but they're more her verted in a

sense and to me this show will be too, too strong, too harsh, to watching tv. >> so he said they were more pervert in a sense that is the word he is now defending. fa law voice released a statement on the facebook page the word pervert is not what i meant to say. i'm sorry about it. everyone knows english is my second language and my vocabulary is not as brad as it is in spanish and sometimes i use the wrong word to express myself. and i said gay people are more affection@and intense and this would be too racy for people to accept. they made a comment at the network party on friday night. there you have it. if you heard him, his english isn't great. perhaps he misused the word pervert. jon: not enough filters on social media. that is the moral of this story. >> thank god for it they have somewhere to apologize. i apologize for that story. i will tweet later. jenna: julie, thank you a day of

shopping ends in a murder mystery. two people are dead and one hasn't been seen since. police stumble upon a major piece of evidence. will it crack this case?

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jenna: new twist to a double murder mystery that baffled san diego police over last couple weeks. the man, a woman, the man's younger brother went to a mall december 23rd right before christmas. the woman and the brother were found shot in a car in the parking lot. both would die from their wounds but the womaninged to call 911 and newly-released police tape she identifies a potential suspect. now the man who was also shopping has not been name ad suspect in the case and hasn't been seen since. his car turned up this weekend with a body in the trunk. listen to police.

>> reality sometimes these cases become so complex that all the doors stay closed and, you know, i've known detectives taking cases to their retirement with them and still bothering them. hopefully this will not be a case like that. jenna: police are asking for your help and hopefully they can crack this case. if you know anything about this crime give them a call. the number, 888-580-8477. jon: fox news alert and take a look at this. seven train cars derailed on a bridge over the kook kill river in river in philadelphia. schukyll. this was a train on its way to chicago from philly. six cars we're told contained crude oil. one contains sand. they are tipped precariously over the river right now. the reports from the coast guard which is monitoring the situation saying nothing is leaking from the cars.

they are keeping an eye on the situation. we don't know what caused the derailment. jenna it goes to a segment you did last week on the transportation of oil by rail in this country and whether rail transportation is safer than pipelines. again, no leaks here. nothing has spilled into the river but it just raises that question once again, we are becoming a bigger energy producer of our own domestic supplies. the question is these days do you move it by pipeline or do you move it by rail? jenna: one of the things canada is considering as they're awaiting a decision on the keystone pipeline how much they can do by rail if they don't get the pipeline by built in the country? big question raced by "the wall street journal" is how much oil is being produced and whether it goes into highly populated areas and whether or not there could be a disaster of some sort. as phil flynn our energy analyst pointed out we haven't seen that

in decades. we've seen recent incidents in rural areas to point the issue out. jon: six cars carrying oil. seven derailed. all in all, not a big derailment and not a big disaster but something that has emergency authorities they have got their hands full right now in philadelphia. the railroad is giving a big tip of the had to first-responders who got there to take care of the situation this morning. it happened 12:30 in wee hours of the night we understand it. they're still wondering what caused the derailment. that investigation is underway. jenna: we'll see what they use to prop it up. jon: be delicate with the bridge. jenna: hillary clinton is busy she is writings her memoir. will the former secretary of state be forced to rewrite the history of the benghazi attack if she hopes to win the white house in 2016? one of the political questions we're asking in the hour ahead. >> i have a dream today, one day to live in a nation where they will not be judged by the color of their skin but by the quality

of their character. ii have a dream today

>> right now some of the stories we're following, all eyes on iran as today it must begin to implement a deal to scale back uranium enrichment. so what is changing in that country? president obama speaking candidly about many controversial issues, including his own past marijuana use in a new interview with the new yorker magazine. live report straight ahead. if a police officer stops you, can he seize and look through your cell phone without a warrant? the nation's highest court taking up this hot issue. our legal panel weighs in and it's all "happening now." jenna: iran's nuclear agreement with the u.s. and five other world powers taking effect today. welcome to the second hour of "happening now." jon: iran reportedly sticking to the agreement so far, scaling back enrichment at several facilities and getting relief

from punishing sanctions in return. something members of congress are hoping to reverse. washington correspondent james rosen is live with more on that. >> good afternoon. senior u.s. official said just minutes ago today's easing of sanctions by the u.s. and the european union does not mean, quote, in any way that iran is open for business. still the head of iran's atomic energy agency declared this morning the sanctions against iran is melting and the u.s. has begun easing up on efforts to oppress oil sales to the countries in the world still buy purchasing it. on the flip side, u.n. nuclear inspectors were allowed in this morning for more intrusive inspections at key iranian luke nar sites and the iranians have held up their end of the deal by ceasing enrichment of you'urani

over 5% level. this represents the first time iran has vary -- verifiably did this. iran has begun to provide the ieae with more intrusive inspections, at the same time we will continue our aggressive enforcement of the sanctions measures that will remain in place throughout this six month period. under secretary of state wendy sherman, number three official, heads to geneva tomorrow. they have six months to negotiate a final agreement on the status of iran's nuclear program and a senior u.s. official told me minutes ago that those talks will see whether they can have enrichment capability going forward. jon: thank you. jenna: the president says he doesn't think marijuana is more dangerous than alcohol, at least, quote, in terms of its

impact on the individual consumer. that's part of a statement in a much buzzed about new yorker profile on the president just published yesterday. our chief white house correspondent will give usthan of a quote. what exactly did the president say? >> as you noted this is a long piece in the new yorker as their articles tend to be. over 17,000 words so the president cover a lot of ground. he's talking about starting his sixth year in office. he's been down in the polls. how does he try to km back in the state of the union and beyond? he also touched on hot button issues. the broader context here on his marijuana quotes were as has been well documented, i spoked pot as a kid and i view it as a bad habit and a vice. not very different from the cigarettes i spoked -- smoked as a young american. i don't think it's more dangerous than alcohol. the president going on to say, quote, in terms of its impact on the individual consumer, it's not something i encourage and i've told my daughters i think

it's a bad idea, a waste of time, not very healthy. we should also note in an interview with barbara walters over the holidays, the president talked about how while some states are now making it legal for individual marijuana use, the federal government, he said, has basically bigger fish to fry right now than to crack down on individual cases despite the federal laws already on the books. jenna: he mentions his daughters. you can see a lot of kitchen conversations about drug use, ed. the kids say, hey -- the president said it's okay, mom. come on. that could be difficult. >> sure. it's complicated and especially because he didn't say it's good. obviously he said it's a vice, it's bad but when he said he doesn't think it's worse than alcohol. jenna: interesting. it could create a lot of interesting family debate about that. besides the family debate, the american medical association, do they agree with that? >> well, they say it's a major public health concern right now and the american medical

association and others have come out and said they're deeply concerned about individual states like colorado and washington state coming out and making it legal for individual use. interesting, though, there was just a column in the washington times on friday in which this author said, quote, because today's marijuana is at least five to six times stronger than marijuana smoked by most of today's parents, we're often shocked to hear according to the n.i.h., one in six 16-year-olds who try marijuana will become addicted to it. heavy marijuana use has been significantly linked to an eight point reduction in i.q. and marijuana use is strongly connected to mental illness. of course, noted in the last 24 hours that the super bowl coming up, you know how colorado and washington state are represented. might make it interesting at super bowl watch parties. jenna: one can only

hypothetically entertain that idea, of course. interesting debate. certainly a lot to this debate on all sides. thank you very much. ed henry live at the white house. we have reaction to the president's interview with the new yorker with our fox news contributors coming up. maybe even the super bowl debate in all of that as well. jon: and don't eat the brownies that your brother-in-law brings to the party. former secretary of state hillary clinton is working on a new memoir. reportedly mrs. clinton is trying to push back against criticism of her tenure as secretary of state. in anticipation of a possible 2016 presidential run. of course, clinton has taken considerable heat for her handling of the benghazi terror attack. let's bring in bret baier, anchor of "special report." so reportedly her friends are a bit concerned she needs to do some resume burnishing, i guess, because opponents, political

opponents of hers are already starting to frame her time as secretary of state. >> jon, the way "the washington post" frames this citing unnamed sources in the clinton circle is that this is going to be sped up a bit, this book, in an effort to kind of frame what could be a presidential run. one source in this article says, quote, it's almost becoming a kind of conventional wisdom that there were minimal accomplishments of her time as secretary of state. quote, the concern about this talking point taking hold has lent more urgency to getting the book done. a lot of this has to do with the benghazi situation, this bipartisan senate intel committee report. really focussing in on the lack of security in secretary clinton's state department for that benghazi facility and all of the things that were dropped

when it came to that situation. and then you can go around the world and country by country and you start to add up where were the foreign policy successes under secretary of state clinton. jon: with regard to the benghazi attack, that senate report doesn't blame her directly but it does say in black and white that the attack was preventible if she was the top person at the state department, that falls on her watch. right? >> sure. senator feinstein points out it doesn't name her directly and doesn't fault her directly but it is her state department, under her watch that did not approve the security upgrades and did not fortify that facility in benghazi despite repeated warnings by a number of officials on the ground. and there were different

circumstances by which the military offered security to ambassador stevens. he didn't have that. he didn't answer that. the state department didn't provide the security. he didn't say yes to the military security but nonetheless, the senate report says the state department dropped the ball. jon: you have to wonder whether she's going to be paying special attention to the media criticism of robert gates, the former secretary of defense whose current book is getting so much heat because of recounting of conversations or meetings that he had with the president who is still serving. obviously president obama will still be serving when this book comes out and she's going to have to write, presumably, about her thinking on things like libya and benghazi and the arab spring. if she disagrees publicly with the path that president obama took, what is that? >> well, it's essentially setting up a run potentially

because there will be some distancing. i mean, listen. former president clinton in speeches and appearances has already started to distance the clintons from some of the foreign policy decisions of the obama administration. and if you see that in this book that some of these foreign policy decisions by the obama white house, some distancing from secretary clinton and those decisions, that would be quite something and striking. and like the gates book, we probably get a whole heck of a lot of attention. jon: seems like she would have difficulty writing, i didn't want to do it but the president made me. that was the policy so i enforced it. we'll see how it comes out. the book they're talking about a june publishing date. bret baier, thank you. jenna: just in time for summer reading list. jon: and just in time to particular off a book tour ahead of the election. jenna: we're learning new information about the cyber attack on target. the security breach for tens of

millions of customers' data last month. i got an email. we're all on this list, right? apparently there's claims a russian teenager was behind this attack. elizabeth mcdonald is here. a russian teenager? >> now that's being disputed. here is the latest. a security expert who broke the news about the target holiday hack is now disputing claims by a california cyber security firm that this russian teen authored the malware behind the attack on target. brian tweeted out everyone is quoting intel crawler whose intelligence i believe in this case is wrong. he also theorizes the author instead may be in odessa, ukraine. what's more alarming for target and other retailers is how the attack potentially took place. another cyber security firm now theorizes that the cyber thieves appear to have hijacked one of

target's own computer servers to vacuum up consumer credit card and debit card data installed at target. the plastic data then appears to have been uploaded to a website and then that data was downloaded potentially by cyber hackers in russia. u.s. law enforcement continued to probe the attack on target and neiman marcus and so far there's no indication the two attacks are connected. jenna: that would be nice to know who does it. interesting. thank you. >> sure. jon: new video just out showing an american held captive in north korea. what he is asking the united states to do, that's next. and almost two million pounds of velveeta products recalled. the safety concerns behind the recall coming up. hey kevin...still eating chalk for heartburn?

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jon: happening now, an american missionary in prison in north korea begging for help. kenneth baye saying he hopes the united states will do everything it can to secure his release. he was arrested in north korea in 2012 while leading a tour group, sentenced to 15 years of hard labor for crimes against the state. here is the latest on his case. william? >> baye's crime was trying to spread the gospel and getting caught with starving north korean children on his computer. he was convicted of trying to overthrow the country. he appeared today before cameras asking for washington's help to win his release. obviously orchestrated by the government, analysts say this is north korea's way of reaching to the u.s., hoping to score foreign aid for the struggling

economy. baye was born in south korea before moving to the u.s. at age 18 and he's lived seven years in china running christian missionary tours to north korea. under guard and wearing an inmate's uniform, he said washington could help to free him. >> i would like to request the american government once more. i know for the past 15 months you've made a lot of effort but noi i want to ask you to give me direct assistance not in words but with action and solve my problem. >> north korea has detained seven americans since 2009. six months ago it let go of a korean war veteran for alleged crimes in the 1950's. former president clinton won the release of a journalist after she and a colleague inadvertently crossed into north korea. most prisoners say that north korea forces them to say these things. no immediate reaction right now from the state department but the u.s. did try to secure his

release last year but north korea rejected our envoy after joint military drills with south korea. back to you. jon: let's hope they can get kenneth baye home. thank you. jenna: the president raising eyebrows with some new remarks in a wide ranging interview with the new yorker magazine. what the president says about smoking pot that's causing a stir. [ dennis ] it's always the same dilemma -- who gets the allstate safe driving bonus check. rock beats scissors! [ chuckles ] wife beats rock. and with two checks a year, everyone wins. [ female announcer ] switch today and get two safe driving bonus checks a year for driving safely. only from allstate. call 866-906-8500 now. [ dennis ] zach really loves his new camera. problem is...this isn't zach. it's a friend of a friend who was at zach's party and stole his camera. but zach'sot it covered... with allstate renters insurance. [ female announcer ] protect your valuables for as low as $4 a month when you add renters insurance to your allstate auto policy.

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jenna: some good old fashioned queso recipes, almost 2,000 pounds of velveeta recalled. the recall affects the single serving cheesy skillet dinners. got that? it's being recalled because the labels seen here didn't identify the meals contain soy products. the makers of the dinner have

reported the error to the food safety and inspection service. the agency says there have been no reports of illnesses due to the mixup but you might want to consider it. the big blocks of velveeta you need for the queso recipes, for now they're apparently okay. jon: heat them up with a little salsa. thanks. president obama speaking his mind about marijuana saying pot is, quote, not more dangerous than alcohol. in an interview with the new yorker magazine, the president is quoted as saying, as has been well documented, i smoked pot as a kid and i view it as a bad habit and a vice, not very different from the cigarettes that i smoked as a young person up through a big chunk of my adult life. i don't think it is more dangerous than alcohol. so what about that kind of medical advice? let's ask the director of the center for comprehensive medicine. so from the do what i say, not what i do department, here is

the president who smoked pot, now says it's a bad thing but he did it as a younger man and he thinks it's not as dangerous as alcohol. what you do make of those remarks medically? >> medically speaking alcohol has a lot of problems associated with it. it causes hepatitis, can cause problems and dementia and leads to addiction in overuse. the other side, we don't know a lot about marijuana. it hasn't been well studied. there aren't a lot of research that's been done because marijuana has been illegal and it's been hard to document. jon: that's the problem. you can't really study marijuana or you haven't been able to up to this point because running those kinds of tests was not legal. >> but we do know marijuana has been in use for thousands of years and in our own experience, decades certainly of experience with marijuana in use of the medical marijuana, there have been a lot of benefits we found. globing glaucoma, chemotherapy

relief for patients but we don't understand precisely what the right doses are, how patients should be treated. jon: in places like colorado where rek reacti-- recreationals now legal, how can you drive in the car to the pot dispensary to get more? >> we don't know what the outcome is going to be. what we do know is that a lot of people who have smoked marijuana generally have very few problems in the long term. there haven't been a lot of reports of problems. there are some issues with smoking marijuana. it still contains tar and a lot of carcinogens but there's a lot of other ways it can be consumed. from a medical point and in terms of toxicity, it's fairly low on the toxic scale. jon: according to the article in the new yorker, a big part of the president's argument with marijuana has more to do with the prosecution of those who get

caught with it. he says or he's quoted as saying middle class kids don't get locked up for smoking pot and poor kids do. african-american kids with latino kids are more likely to be poor and less likely to have the resources and support to avoid unduly harsh penalties. i guess my question is, i mean, why emphasize any kind of mind altering substances? because that's what marijuana is. the president seems to be saying, oh, it's no worse han alcohol. why not just say, don't do it? >> i think it's important to let people know that any use of any kinds of drugs has potential, serious consequences. people smoke marijuana and have asthma, that could be a problem for them. people smoke marijuana and they have an allergy, that could be a problem. anxiety, there could be serious issues. what we need to do is educate the public of the risks whatever medications or drugs they're taking. the issue is probably

dekrielization of something that may not have all the effects or damaging effects we once thought it did. jon: what about that? cigarettes, they started putting filters on them trying to do all kinds of things to reduce the tars and nicotenes. most people who smoke marijuana don't have any filters in place. what about some of those other side products that might be inhaled in the lungs? >> there's tar in marijuana and it's a carcinogen. there are also hundreds of different chemicals found in any kind of smoke which are potentially carcinogenic. i think people who smoke it think there's no risk involved. there are ways to get the active ingredients out of marijuana which is t.h.c. and other compounds found in marijuana and that can be consumed in different ways. people in dispensaries get all kinds of different things. i think we have to be careful with how we go down this road because i've been to dispensaries in california where they'll put out a lollipop and i

don't think we want to have kids consuming it or present it that way. jon: it was interesting bill clinton smoked it and didn't inhale and now we have a president who said i smoked it but don't do it. we'll see. jenna: routine traffic stop, a cell phone surge and life in prison? it could happen and it's all part of a new debate over cell phone searchs without a warrant. our legal panel weighs in. if you get pulled over, can the cops just look at your cell phone? a strong earthquake shakes new zealand, rattling billions and knocking out power to thousands. we'll show you pictures coming into the news room next. this is kevin. to prove to you that aleve is the better choice for him, he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪

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crestor! yes! [ female announcer ] ask your doctor about crestor. if you can't afford your medication, astrazeneca y be able toelp. jenna: routine traffic stop in california for expired tags led to one man's conviction and a sentence of 15 years to life in prison. he was arrested because of loaded guns in his car but information he had on his cell phone that police found tied him to gang activity so that all loaded in on case. this case is one the supreme court will hear as it weighs into the technology versus privacy debate over whether police making an arrest can search cell phones without a warrant. and another case, the man in boston was picked up on suspicion of selling crack cocaine. he kept receiving calls on his cell phone. they found more incriminating address so how will the supreme court rule when it comes to what is private and what is not? with more on this, we have

criminal defense attorneys joining us. great to have you both. i think we need a little context for this. >> thank you. >> i haven't been arrested, knock on wood. the day is young. you never know what can happen. if someone is arrested, if i was arrested, do police automatically have access to my purse and my wallet, my diary if i was carrying it around, a notebook in my bag? do they have access to everything i'm carrying on me? >> the short answer is nope. but sometimes. here is what happens. when somebody gets arrested for anything, the police are required to get a warrant to search beyond your person or anyplace where they might not find something that's going to put them in danger. you get pulled over for speeding, right? police officer cannot say, license, registration and cell phone. what he can do is look in the passenger compartment much your sxar if he sees a weapon in plain view or something that could be contraband, he can seize it without a warrant. that's a very limited

circumstance. jenna: that's what happened in one of these cases. a man gets pulled over, expired tags. they see guns in his car in california. not allowed to have it. they searched him and found gang activity s. that legal? >> prosecutors will have an uphill battle in this issue. a cellular phone is a mixed use item. on one hand, people keep private information in their phones. you might have very personal photographs of yourself, you might have communications with you and your lawyer, your doctor, et cetera. on the other hand, you know, the devices communicate with the internet, with third parties that locate where you are, who you're with, what you're doing. the supreme court will answer a strong question. do people have the inspection of privacy in their cell phones? i think they do. jenna: do you agree? >> absolutely.

i can think of very few police officers where a police officer would find information on a cell phone that is so important that they can't apply for a search warrant with a judge. getting a search warrant does not require an act of god. it requires a call to a judge. if there's probable cause, you can detain that person for a couple of hours and get one. let's keep the fourth amendment intact before we have police officers knocking on our door during dinner for no reason whatsoever. jenna: a lot of law enforcement say, listen. it's an investigation. it's moving so fast. case in boston, the phone is going off non stop just after this guy had a major drug deal. you can see how police thought maybe there were things on the phone we need to know. in that situation legally, did police have to call a judge to say i need to unlock a cell phone or go through the call logs or can they just do it? >> that's the lamest excuse. if someone's life is on the

line, there's a missing kid, immediately, the law says you can act under urgency. they don't have to lose a person's life over going through the paperwork. that said, this system is streamlined. you can get a warrant as quickly as sending an email. it's nothing more than justifying your actions and having an independent member of the judiciary, make sure you're not violating the law. that can happen in normal cases. law enforcement investigates crime six months, a year at a time. jenna: if n that situation, you think the cop should have said, wait a minute. i want to call a judge. i want to get a certain warrant to get to the cell phone just in case i get in trouble z. no. this is a limited case by case situation they have to decide what is right and what is wrong. later on that will be dealt with in court. you know, if someone's life is on the line, what is the items to be searched? what is the consequence to the

investigation? it's a very dynamic thing. jenna: i was just reading something recently that said in 10, 20 years, we'll each have five different electronic devices attached to our body at one point. >> i think i have four of those now. jenna: right. we all have it. it's interesting to talk about this at the same time we're talking about the n.s.a. and surveillance and whether or not warrants need to be handed out for simple surveillance in the same way that it might need to be handed out if just, you know, your town law enforcement wants to take a look at your cell phone. how do you navigate both sides of the debate? one is immediate and local and one is very federal and very national. >> we have to give the fourth amendment the deference and respect it's due. again, you're a law abiding citizen. can you imagine a scenario where if you got pulled over, the case can go in your purse and look for a weapon immediately but that's it. if they go take your cell phone and start looking through it for other evidence, what

justification is there for that just because we live in electronic age? that's not justification enough to satisfy the fourth amendment. jenna: sometimes my purse is so heavy, it could be a weapon. >> mine weighs more than you. jenna: very good to have you on today. thank you very much. jon: take a look at the violence in another country. ukraine. new anti-protest laws there, they have sparked wild clashes with police. anti-government protestors now standing their ground in the capital of kiev using charred vehicles as barricades. amy kellogg takes a look at it live from london. >> hi, jon. both sides are calling for peace talks and ukrainian president has appointed a top aide to organize the dialogue but it is very difficult to see how the two sides are going to bridge the bitter divides that have led to scenes like this such as we saw last night in the center of the capital kiev.

violence described as pitched battles. reporters on the ground say that protestors were using stones the side of soccer balls and wielding pipes. dozens of police officers were injured. the catalyst for the flareup last night was really a new law with swiping restrictions placed upon protests including a prohibition on wearing helmets that led to protestors wearing a number of random appliances on their heads to protect themselves. the situation is calmer today. he is sitting at the heart of the political turmoil in the relatively new independent country, turmoil that's rocked ukraine in the last decade. it's hard to see where the two sides at this point, though, may finally find common language in talks. >> this government has declared a war against the people of ukraine and this has brought terrible consequences.

i call upon all citizens and patriots who defend our country and our future. >> the national security council issued a statement saying the tension is the result of ukrainian's government failure to announce the grievance of the people. the violent has subsided for today but is present in the atmosphere. this has been going on for some time. protests have been going on for about two months when the president of ukraine ditched an idea that would bring them closer to europe in order for them to in the rush on camp under president vladmir putin. the standoff continues. talks now possible, probable and hopefully that will lead to some sort of a compromise. jon: it would be nice to see them get that resolved. thank you. jenna: big news in new zealand today, a strong earthquake hitsdz the country, the north island specifically. estimated to be a magnitude 6.3,

the quake rattling will whiming go. no reports of anyone hurt and dhaets a good thing. the quake damaged homes and caused rock slides and still cutting off electricity. jon: president obama sitting down for a lengthy interview with the new yorker magazine. the 17,000 word profile that results covers everything from foreign policy to racism to the president's plans for a memoir. our media panel breaks it all down. across america people are taking charge

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jenna: breaking news out of omaha, nebraska today. you're seeing some fresh pictures on the screen of what police are calling an industrial accident at a plant that apparently makes feed for livestock and other farm animals in the city of omaha. according to some reports we're getting from the scene, we have nine people approximately going to the hospital because of this industrialize accident. there are also a variety of reports that there could be some people trapped inside but again, not a ton of information at this time. the omaha police department is saying that it's responding. it's telling people to stay clear of the area as well and restricting access. we'll keep you posted as we hear more but again, apparently there's a plant or a building that is making feed for livestock or other farm animals

and there's been an accident there that's led to some folks being brought to the hospital. we'll keep you posted as we hear more. jon: we touched on it a bit earlier in the hour. new yorker may go zone publishing a 17,000 word profile of president obama. it covers a range of topics from national security to foreign policy, even the president's thoughts about nfl football. perhaps just as important is what was not discussed. jim pinkerton is writer for the american conservative magazine and a fox news contributor and also alan colmes, author of "thank the liberals for saving americans." you have thoughts just on the author of the 17,000 word article that takes some time to read. >> it does. and the new yorker is known for long articles and this is why. the editor wrote a puffy book on

president obama a few years ago and this seems to be a continuation of it. if you plow through it, the president comes across as calm ands says i'm not ideological. that doesn't ask him how come your administration has followed green zealous who are trying to shut down the united states economy or how come you left us incompetent in the health care website? if the president does nothing for three years except give interviews and they don't ask hard questions, then i guess he has an easy life. >> ask him a question like why is the add months zealous and wants to shut down the economy? why would he even ask a question like that? what's wrong with having a 17,000 word profile by somebody who isn't necessarily looking to confront the's on every possible or perceived fault? what's wrong with that.

>> i can see why you got the interview and i didn't. >> did you try? did you ask? jon: i have a feeling it would be a long time before jim gets this access. this interview took place several times in the oval office as well as on air force one. interesting to me we learned that president obama has invited presidential historians to the white house to meet with him on a number of occasions. it seemed a little bit, well, like he wants to know how he's going to be regarded and maybe he can change course in the middle of his term. >> all presidents are acutely conscious of their legacy. it makes sense for them to smooze. what is interesting is the historians are sort of friendly people saying, mr. president, you're so thoughtful and you talk about family and all of this stuff. the question wlb whether the journalists or the historians

call the president in account not for his thoughts but deeds. that remains to be season. >> let's hope they don't hold him to account for and count his deeds. i maintain, for example, the affordable care act, we're down to the benefit of him and his legacy and conservatives, of course, will say the opposite. as you point out, there's nothing unusual about a president inviting his historians. jon: he talks in the interview about how he wants to open up the middle class to, you know, rebuild the middle class, build ladders from the lower classes so the middle class, that kind of thing. but we're five years -- well, it was five years ago today this president was sworn into office. we're five years into a very tepid economic recovery.

wouldn't it be better to be talking about creating a resounding, rebounding economy? >> if we had cooperating republicans who would have allowed more money to go into the economy faster, that would have been a good idea. i would have liked to see an f.d.r. type administration from this administration. i would love to have even a robust economy but given what he has to work with and the stock market more than doubled. chances are you have a 405 k. that helps middle income american and i used to have done a lot to establish the job credit. >> he could start by approving the keystone pop line that gives tons and tons of good jobs. there's an energy group in town i read over the weekend that included that the amount of -- the dollar value of oil and

federal land is $108 trillion. that's 30 times the federal budget. it's the american research institute, i think. $128 trillion. why is that money unusually? >> under this president we're actually using more domestical oil and importing less oil than under any other president. again, for when he gets very little credit. >> we could be doubling it and quadrupling it. jon: we're going to talk more about all of this in the future. good to have you on. we'll have you back again. thank you both. jenna: colorado famous for its majestic mountains but the political landscape is getting rockier there. >> why legalizing marijuana is just the beginning of a major issue of a social debate. gots all my pertinents on it and such. works for me. turn to the camera.

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jon: right now colorado is at the center of several simmering debates over social issues. that state recently legalized marijuana, passing gun control laws, approving gay civil unions and raising taxes. but the backlash on the state's move to the left has been growing. here is more. >> hi, jon. colorado is -- tends to test the waters a lot on social issues. the state is seeing like a test case for a lot of places that are considering big moves on ballot measures or possibly legislation but recently, there's been some pretty strong pushback. >> we seem to have a perpetual place on the national radar screen around these issues. >> colorado has been called the ultimate swing state with an electric, almost evenly divided between registered republicans, democrats and unaffiliated

voters. >> there's a strong independent mindedness that curves our politics. >> in recent years, democrats were in control of the governorship and both houses of the state legislature. in 2013, democrats pushed through an agenda that included gay civil unions, mandatory green energy use in green areas and some of the strictest gun control laws in the nation. >> it is lively, contentious, certainly fractured. >> several rural counties threatened to succeed and two legislators, both democrats, were recalled. >> the organizers of those recalls were motivated by the gun issues but the voters that turned out, voted and threw the people out of office. they had much more on the gun issue on their mind. >> last year much of the year was dwigivisive and there were

arguments between rural interests and battles between democrats and republicans. >> and the governor seen there is up for re-election in november. jon: it's going to be an interesting election. thank you. jenna: a discovery truly out of this world. we're going to take you what's baffling some scientists now that was seen on the surfaces of mars right after the break. [announcer] a healthy dog is a playful dog.

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a new discovery in recent mars' photographs has scientist scratching their heads. it is pictures of the same spot. 12 days apart and one little piece there and it is gone in the other picture. there are two theories. a meter cause it or the rover kicked something up. that is a theory and then it was

not. >> another mystery from space. my buddies identical twin daughters. they are big bronco's fans. >> way to set the tone. >> go broncos. >> thanks for joining us. >> americas news headquarters starts right now. we begin with a fox alert. a new terror threat against the winter olympics. thousands of americans will be headed there. >> i am alisyn camerota. >> and i am bill hemmer. the russians are studying a video from the islamic group threat eping to strike the games. >> reporter: security officials here in russia and the united states are taking the threat of the attack against the olympics