arrested. we mentioned that. what kind of advice would you have for the beebs? martha: i say bieber go home to canada get your head screwed on straight or we i will be reading your obit later. bill: that's harsh. martha: maybe he needs to some time out of the party scene. bill: we love the canucks though. martha: see you tomorrow. jenna: today's top headlines and brand new stories you see here first. jon: new fox poll numbers on president obama show a political sea saw the second term. why the americans like the president but not how necessarily he does his job. picking apart the media coverage of scandals surrounding new jersey governor chris christie and texas gubernatorial candidate wendy davis. just in case you haven't heard it is betterly cold over much of the country. well look how businesses are dealing with the deep freeze. it is all "happening now."

jon: and a good thursday morning to you. welcome to "happening now." i'm jon scott. jenna: nice to have you back after a day on assignment. jon: it was an interesting day trying to get out of here. jenna: an adventure. you were up close and personal with weather delays. we're getting new poll numbers of what americans think of the president as he begins his 6th year in office. he is scoring better on likability, but most americans say it feels like we're still in a recession and mr. obama's policies are to blame. the "fox news poll" finding 42% approve of the president's job performance while 53% disapprove. peter doocy live at the white house with more on all of this. peter, what do the polls reveal about the challenges the white house faces now? >> reporter: it is reallying, jenna, the new "fox news polls" show whether or not the like the administration policy, the

majority like the man. look at this number. 31% like the president but they just don't like what he is doing. we're within a week of president obama's fifth state of the union address. it is a chance to lay out the coming year's agenda and the white house says the issue of income inequality is going to be big. >> president strongly supports action by congress, strongly supports action here in washington to raise the minimum wage because it's a basic principle in this country you ought to be able to earn a living, i.e., not live in poverty, if you put in a hard day's work. >> reporter: but a majority, 62% of americans say income inequality is just the way things work. you have then 21% who say income inequality stinks but not the government's problem. 13% say they are angry about income inequality and government

should do about it. they will like what is coming in the next year from the white house, jenna. jenna: interesting reflection to see what the white house wants to talk about, what voters seem to think about it. what about other economic issues covered in the poll? >> reporter: it is interesting. combined 3/4 of those polled say the top two biggest economic issues are the jobs and deficit. we have who% for jobs and unemployment. all the other issues trail distantly. we're hearing from elected republicans who want to see action on the deficit as well. >> i have worked for three years to try to get the president to deal with us on our long-term spending problem. he made it clear he will not negotiate on the debt limit. secondly he has made clear he will not deal with the big drivers of our debt unless we're willing to raise taxes. we're not going to raise taxes. >> reporter: and to set aside talk from the halls of congress to look inside american living

rooms, 74% of americans say that right now for their family, it does not feel like the recession is over. only 22% say that it does feel like the recession is over for them. jenna? jenna: very interesting. peter, thank you. jon: so what do these new poll numbers mean as we get closer to midterm elections? will president obama help or hurt the democratic candidates. let's bring in our political panel today. nina easton, senior editor and washington columnist for "fortune" magazine, also a fox news contributor. jamie weinstein is senior editor for "the daily caller." i want to get our control room to put up that last poll peter had up just again, nina, because it's really interesting. 74% say that the country is still mired in a recession that, you know, according to the economic experts, ended a couple of years ago. >> that's right, jon, and there's another poll out by ap that show 3/4 of americans don't

see the unemployment situation getting any better. they don't expect the job numbers to get any better. this is deep pessimism where this country is and yes, while people kind of like this guy, they don't give him very high marks on being effective. they don't blame him for the recession that led to all of this, but they certainly don't give him high marks on getting us out of it. jon: yeah, jamie, is this why we'll hear a lotp a apparently in the state state of the union about income inequality? >> they hope that will be the issue to propel them to victory in midterm elections in 2014. democrats are harping on income inequality, but as you saw in the poll it doesn't seem to be a burning issue with most americans. only 13% said the government should do something about income inequality. it is the government's responsibility. the question, you will hear something about it but will it resonate and be a driving issue in 2014? the polls suggest not so much.

jon: yeah, that's the issue. if jobs and unemployment is the big issue for 40% of the people, nina, according to those poll numbers from "fox news" polling 12% think income inequality is the big problem. >> not at the top of their list. keep in mind, jon, was all the rage going into 2011, somewhat into 2012 the election year. that did not take off because it doesn't resonate with people. people care about their own economic issues, their children's lives get better. they want to see a path to prosperity. they don't want to take people down who have achieved with better incomes from them. they want to achieve those better incomes. that is deeply ingrained in american society and president and particularly his liberal base don't understand that. they want income and social mobility, not income equality.

jon: only 37% say yes, 62% say no. i suppose that the president can take heart because in january 2013, the numbers were a little worse on t but it that's right track wrong track kind of number, jamie, a lot of politicians have to be worried about. i suppose other democrats have to be worried about as they campaign in october. >> well this is six years into the obama administration. those aren't good numbers even if they're slightly better than a few months ago. so, you know, the president is i think in really tough shape with this poll. and while you say that americans like him, i like him. i think he is a great president, likability is not sufficient condition to be a great president. people like gilligan from "gilligan's island." probably would be a great candidate, not a great president. right now doesn't seem his policies have inspired the american people to have confidence in him. jon: it seems like there's kind

of a pessimistic mood all over the country, nina, when it comes to some of these, just bread and butter issues. what does that say, or what does it predict about what people will do when they vote in november? >> well i think of course going into november you just don't have the economic numbers and by the way i think the economic numbers will get a little bit better by the fall. they're trending in that direction but you've also got the problem of obamacare which is deeply different vicesy and actually contributed to a lot of the negative job approval of the president. so both of those feeding in, it will be tough for democrats in the fall. jon: nina easton, jamie weinstein, we'll continue to watch these numbers and of course the politics that follow them. thank you. >> thank you. >> thank you. jenna: now fox news alert. millions of americans feeling a deep freeze gripping much of the country today. temperatures in the single digits and even lower in some areas thanks to this latest blast of artic air. there is cold and then there is

45 degrees bee hoaxer jon. that is really cold. schools in minnesota are closing because of the dangerous windchill that is just crushing the state. heading south in texas, texas gearing up for ice and snow. jon, you said it wasn't too bad yesterday when you were there. jon: in houston it was nice but they have snow coming. >> imagine that working in a bitter cold on a boat, not in houston but in new bedford, massachusetts. that's where we find molly line. she is at one of the nation's leading fishing ports where work does not stop when the weather gets bad, molly. >> absolutely. it does not at all. we're covering the men that have been out there braving it. this is a fishing vessel the resolute. they're bringing in over 20,000 pounds of fish today. we know redfish in there. they call it ocean perch and some cod as well. many of the men on this vessel have fishing in the blood, it has been done for generations. that includes the captain, captain alan sherman the leader,

braves all sorts of weather be it storm or ice, and cold, 15-degree weather, captain sherman what is it like to fish out there in weather this cold? >> it is pretty tough. you have to be well-protected from the cold and all that but we manage. >> what are the challenges when you're out there? >> just to be, use your head. don't take on any unnecessary risks and know when mother nature is stronger than you are. >> reporter: you're far more intrepid than many of us including myself all across america. with would your advice be norfolks out there trying to keep warm? how do you guys do it? >> plenty of layers. stay out of the wind if possible. we like the cold though. >> reporter: you said the cold is actually good for tishing in a sense? >> correct. keeps the water cold, you know the right now the water temperature is way too warm. way above normal, you know. and we have a lot of species that should have migrated south

that are still here and it is not good for to us water being warm, fish are moving farther north. >> reporter: there are pros and cons and tough to be out there in it but in a sense good for your industry? >> very good, very good. cold is better. should stay cold for months on end. >> reporter: captain alan sherman, i don't know if folks agree with you. a lot of people are cuddled up. back to you, jenna. jenna: we'll use captain sherman's quote today, the colder the better. we're with captain sherman. molly, thank you very much. >> reporter: there you go. jon: good for some folks, isn't it? some olympic athletes are warning family and friends to stay away from the olympics in sochi. new security concerns just ahead of the olympics there. the latest on fiery explosions that rock ad biodiesel plant in mississippi. and more legal trouble for pop star justin bieber. yes, that's his mug shot. take a look.

he doesn't look too unhappy, does he? jenna: look at that hair. really. jon: a little mousse. the charge that is this teenage sensation now faces in miami. ♪ [ male announcer ] to truck guys, the truck is everything. and when you put them in charge of making an unbeable truck, good things happen. this is the ram 1500. the 2014 motor trend truck of the year. ♪ and first ever back-to-back champion. guts. glory. ram.

jon: some developing stories we're watching right now. investigators in mississippi are still trying to figure out what caused two massive blasts. they rocked a biodiesel plant in the town of new albany. we're told no one was hurt but 500 residents had their power knocked out. arizona police say nearly two dozen people were injured when a passenger on a greyhound bus attacked the driver, causing a crash. we'll have a live report next hour. "tmz" releasing new video of justin bieber driving a yellow lamborghini before he was arrested in miami beach overnight. the 19-year-old superstar was

drag racing in the streets and failed a sobriety test. he had a very happy look on his face in the mug shot. we'll have an update in the next hour. jenna: meantime, growing concerns over security in the winter games in sochi, russia, that begin in two weeks. of the russian president vladmir putin insists games will be safe. athletes are telling friend and family just to stay home, not to risk it, not risk the chance of anything going wrong. jonathan hunt has more for us in studio. >> reporter: hey, jenna. some of these u.s. athletes are concerned about security in sochi that they are suggesting that their loved ones do not travel. others obviously want their families there to witness what is a historic event but they are suggesting that perhaps they modify some behavior. one of those is jessica jerome. she was nominated yesterday as a member of the ski jumping team. she told reporters, quote, despite the fact that i love how patriotic americans are, my

family's safety is a huge concern to me. i said at rat times we can scream goamerica. other than that just be safe and be smart. she also said that she is confident in the security precautions being taken. others less so. not just because of the very real threat but also because of how russia has responded to previous attacks. remember the moskow theater siege back in october of 2000 two. security services pumped in chemical agents then to kill the attackers but in doing so they also killed 130 of the hostages. then there was the bezlam school siege. that was september 2004. 334 were killed. 186 of them children. many of those died as a result of what was viewed widely as another botched raid by russian security services. so, jenna, the concern here is not just that any attack would

be bad but the russian response could make it worse. jenna: the handling of it affidavit e afterward. another side to the story as we goat closer. jonathan, thank you. >> reporter: sure. jon: a lot of tension there. there is growing tension between two world powers. why there are concerns that a dispute between china and japan could lead to much bigger global problems. we'll tell you about that. and not all scandals are created equal. questions about how the media is covering two rising political stars who are both facing some tough issues. first, i want a way to help minimize my blood sugar spikes. then, a way to support heart health. ♪ and let's not forget immune support. ♪ but now i have new glucerna advance with three benefits in one. including carbsteady ultra to help minimize blood sugar spikes. it's the best from glucerna. [ male announcer ] new glucerna advance. from the brand doctors recommend most. advancing nutrition for diabetes.

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jenna: right now some growing tensions between two world powers and concerns it could become a global issue. japan and china are fighting over a territory, each side trying to claim a small group of island. we've talked about that quite a bit before. you can see the map on your

screen pointing out to where these uninhabited islands are. while emotions rise over that issue the chinese foreign minister said the japanese prime minister is creating more problems by visiting a war shrine in tokyo. >> translator: the shrine is a spiritual symbol and tool of japanese foreign wars. they are class a war criminals from world war ii. these people were nazis in asia. why on earth was abe trying to visit the shrine? jenna: prime minister of japan says tensions between two countries represent tensions between great britain and germany before world war i took off. gordon chang, the author of, the coming collapse of china. what do you think about that concern. >> there are similarities between now and 100 years ago. you have uncertain situation. you have uncertain alliances and two country that is really don't like each other but i think the better comparison is 1937.

in 193japan grab ad lot of north even china and there was a feeling in chinese circles, even though nationalist forces were inferior to the japanese they had no choice but to fight back because the japanese were so aggressive. today you have the same thing because of beijing's unrelenting provocations against countries on the periphery. might encourage those countries to do the same thing the chinese did in 1937. jenna: are you saying the chinese are more to blame than the japanese in this issue or both sides have blame in the tensions rising? >> both sides have some responsibility. this is not really a china versus japan issue. this is an issue of chinese expansionism. china is trying to claim territory from arc of nations from india in the south, to south korea in the north. at same time it is trying to grab 80% of the south china sea which center national water and japan is only one of the victims this is really a story of beijing, not tokyo. jenna: at times there are those

who criticize japan what they're doing as well. visiting a war shrine. just reading editorial suggested this is war shrine against a war criminals. and there are those that say the united states should say to japan, this is not the time to do that. what do you think about that? >> well we did say that to the japanese beforehand. ab bay thought he could get away with it. this angers not only the chinese but also south koreans and countries in southeast asia. this is something japan shouldn't do. this is really distraction because it is not the main issue today of what's going on in asia. jenna: how should we hand it? what should we be doing? admittedly our focus is very much on the middle east and the olympics and this issue keeps popping up. those say that this is the issue that could cause a major conflict in the world? >> it certainly can because you've got country that is hate each other. people in china who want to go to war especially in the military, especially the mid-ranking officers who pushing in the country towards a really

dangerous path and i think essentially the united states need to say to the chinese, that their territorial ambitions have to be settled peacefully not through the use of force which is what the chinese have been doing for a number of years and that is really what is roiling the region. >> the president talked about a pivot to the east focusing more on these issues. we have the state of the union next week. would this be a time to mention something like this? or is it a time to make an address about our policies in the eastern part of the and who our aim is and who our allies truly are? >> he should certainly do it in the state of the union but should have done this last year when tensions, where the chinese grab ad shoal from the philippines. this is aggression. this is naked aggression. we said nothing about this in public. that's what we need to do. we need to have very public declarations to the chinese to say aggression is not going to work. otherwise we'll see the same dynamic we saw in 1939 you have leaders who think they can take territory from other nations and

actually do so and become emboldened. the chinese right now are becoming emboldened. jenna: if conflict happens what are -- of course japan is our ally but what would be our step in that? if there was tension, if something sparked off between the two countries? >> we have an obligation to defend territory that japan administers. we have treaties with south korea and philippines and china wants south korean and tip european territory as well. if we don't defend our allies, u.s. obligations to any country in the world will become meaningless if they see we don't honor the treat i obligations. this is a question of not just japan and south korea and philippines, this is also us. jenna: we'll be interesting to see if the president mentions any of this in the state of the union of any of this. gordon, good to see you as always. jon? jon: overseas after deadly riots in ukraine a fragile truce seems to beholding but more fiery scenes like this could light up

the streets of the capitol. what the government and protesters are trying to do to end the violence. and then there is this. ♪ is canada's prime minister auditioning for "american idol?" the unusual serenade for a state visitor. ♪ oh!

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jon: right now a quick look at what's still to come this hour of "happening now." ukraine's prime minister accuses opposition leaders of trying to stage a coup. we'll have a live report as the government there tries to end deadly protests in the streets of the capitol with a temporary cease-fire that seems to be unraveling. plus two scandals hitting two rising political stars. so why is it that new jersey governor chris christie is getting all the press while the woman who wants to be texas governor, democrat wendy davis, seems to be getting a pass? a new form of diplomacy. canada's prime minister trying out new ways to bond with its ally, israel. we'll tell you what he did next. jenna: let's get to that story out of ukraine. in the midst of a crackdown on civil liberties protesters set up a barricade of burning tires in the middle of the capitol. we have new video coming into the newsroom over this. months and months of protest and a would-be truce with the

government doesn't seem to be working. greg palkot with the latest from london, greg? >> reporter: jenna, we're watching this all very closely. we're less than two hours of a deadline set by the opposition of against the government in ukraine to give in demands or they will go on the offensive there is no side either side is budging. this is after some of the worst violence we've seen in the month's long protest. along with activists killed, 150 people were injured. running police battle between police and protesters in the ukrainian capitol of kiev. demonstrators hurled rocks and molotov cocktails. they accuse the authorities of using live ammunition. that truce seems to beholding up as opposition leaders are meeting with the ukrainian president. they want his government to quit and want new elections and want repeal of tough new anti-protest laws which have been the trigger for latest round of trouble in the country. the latest word from the

ukrainian prime minister, all of this nothing short of a coup d'etat. no sign of budging. which is why the west is watching this very closely. ukraine is on the front line between countries of european union and russia. it was part of the soviet union in the old cold war days t was rejected trade and political deal with the european deal that kicked off all the protests in november. and also fueled bit perception that russian and its president vladmir putin has strong-armed ukrainian government to side with it. no wonder washington watching this closely calling for dialogue and calm but also for the ukrainian government to return to some form of democratic rule. this is not happening at a great time for russia. sochi, which is the setting as we all know of next month's winter olympics is only 4-mile down the black seacoast with ukraine and beset with its own security worries. a tough neighborhood indeed. back to you, jenna. jenna: certainly is. greg, thank you. jon: recent scandals rocking the

administration of new jersey governor chris christie getting plenty of media attention. op-eds and pundits have been tearing into the governor's character, questioning what chris at this knew about a couple of scandals allegedly involving political payback. but there's also a political scandal in texas. democratic gubernatorial candidate wendy davis caught stretching some stories about her past. they're not exactly true but it is getting far less media attention. michael barone writes in "the washington times", quote, davis' less than accurate depiction of her life story makes election less likely and reduces chances of the turn texas blue movement. if there is legitimate reason to scrutinize chris christie's record because he might be a successful presidential candidate, there's also a legitimate reason to scrutinize wendy davis. michael barone is senior political analyst for the "washington examiner." he is the fellow who wrote those words. he is also a fox news

contributor. and with us right now. the interesting thing about wendy davis is this story that has propelled her to statewide stardom, maybe even national stardom. she says, you know, she was married at 19. teenage mother, divorced, lived in a trailer, made it through texas christian university and harvard law school and now she is where she is today, a state senator. maybe the next governor of texas. you say there are some holes in that story, michael. >> there are some holes and some omissions in that story which were filled in part by a article by wayne slater. liberal reporter generally considered, his brother, anti-bush bush book came out several years ago. wayne slater and dallas morning news. it turns out that wendy davis portrayed herself as someone working mom, working her way through law school. tuition and many expenses for her to go to harvard law school

paid by her second husband, a man 13 years older who was pretty prosperous. he cashed out his 401(k). she went off to harvard. he took care of the kids, including her daughter from her first marriage and their daughter together. then she returned to texas, ran for office in fort worth. turned out that she, the day after he paid off the final college loan she walked out. he got custody of the kids and, of the 14-year-old daughter. and so, it's a story that leaves out some unattractive facts. jon: right. >> and it suggest that is she was not just supporting herself and raising kids at the same time and going to law school but she had some considerable additional help. jon: yeah, the suggestion that she pulled herself up by her stilettos and made it through harvard law school doesn't jibe with the fact that her then husband paid for it all.

as soon as it was paid for she left him and got custody of the two girls. >> i made my point in the "washington examiner" piece, not "the washington times", jon, that "politico" which aspires to be catch-all, you know definitive story about american politics, left out all of those interesting parts that we've just talked about out of their story and just said, well, she has been attacked by her opponents. wendy davis went around and said that my opponent, greg abbott, the republican attorney general of texas who doesn't have serious opposition for the republican governor nomination, she said greg abbott hasn't walked in my shoes. well there's a reason greg abbott hasn't walked. he has been paralyzed since he was injured while, mitre fell on him while jogging at age 26 and he is in a wheelchair. that was unfortunate choice of words. it suggests that greg abbott may actually have some things to teach wendy davis about how to overcome adversity in life.

jon: after that front page article came out in the dallas morning news she had this to say. my language should be tighter of i'm learning about using broader, looser language. i need to be more focused on the detail. i guess if you're a candidate most powerful office in a very, very big and important state, yeah, you want to be focused on the detail but that seems like even that apology is not necessarily descriptive of what happened here? >> that is pretty thin gruel she is giving us there. she is a graduate of harvard law school where they try to teach you to use words good as i might say. the fact is she has been concealing and, and giving an inaccurate portrayal of her life story which is one of the big attractions. this has national significance, jon, because texas, with 38

electoral votes is by far the largest state that has been safe republican and presidential elections for the last 20 years. there is a lot of very well-heeled, wealthy democrats and liberals around the country who are putting a together, turn texas blue drive. they hope to capitalize on rising hispanic percentage in texas and change that proclivity. wendy davis has been an important part of their story. she gained a lot of attention when she staged an 11-hour filibuster against a bill that was going to ban abortions after 20 weeks, 20 weeks, by the way, children can survive, birth outside of the womb at 20 weeks. she was portrayed as a great heroine by pro-choice people. she raised something on the order of $12 million for her governor campaign. so this was a race not just important in as you sin and subject of gossip on the sixth street bars. it's a race of national significance. jon: and as you point out,

"politico" has not given it much coverage, not nearly as much as chris christie's problems. michael barone who hails from the "washington examiner," we'll try to get that fixed next time. >> thanks. jenna: politics can seem a little crazy sometimes. jon: little bit. jenna: can seem crazy overseas as well. canada's prime minister making a memorable first impression on his first trip to israel. stephen harper attended a dinner reception hosted by israeli counterpart benjamin netanyahu. figuring he should not be the only one being entertained, harper sat down at piano and belted out a few beatles tunes. ♪ jenna: he is just feeling comfortable jon. jumped right up there. netanyahu seemed to enjoy it. the impromptu performance was

terrific, that a quote. he said through fire and water, canada will stand with you. canada has quite colorful politicians. rob ford in toronto and stephen harper play as pretty good piano. jon: i'm not sure harper wants to be lumped in with rob ford. i like the piano playing. vocals i'm not sure about. took courage to do that. jenna: not professionally trained singer. jon: i'm not. not trained either. there is a new warning out on obama care from the head of one of the nation's largest insurance companies. what that could mean for americans. plus new movie, dallas buyers club, showing hiv-postive and aids patients had getting drugs in the '80s, raising questions about medications today. surprising result about the approval process. >> court order to confiscate any and owl not fda approved

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jon: new next hour, edward snowden, the nsa-leaker, holding an online chat today. what more could he say about the bombshell government surveillance program that he outed? programs that collect data from millions of americans and others? new arrests in a notorious heist more than 30 years ago. who investigators say orchestrated the robbery that netted millions in cash and jewels. >> >> plus, right now a rare storm warning for the houston area. who else needs to get ready for the next winter blast. rick reichmuth will be along to tell us. >> i know that this hospital i need it. >> doesn't work that way. >> where are you going? >> they got good meds out of mexico that is better than what you can get here in the states. >> protein, certainly non-toxic. you can't buy this in usa. >> unapproved.

>> you could make a fortune out of this. jenna: major themes of the movie, "dallas buyers club", fight of hiv-postive patients in the 1980s to have access to medications they want. some of the desired treatments were not approved by the fda. it raises an interesting question how the fda picks and chooses which medications are safe and effect for us to use? that question is the topic of a new study out of the school of medicine at yale university. i should point out the study is not related to "dallas buyers club." it was done, independently of that, but the scenes sort of cross over. we want to talk to the author of the study, nicholas downing. nice to have you on the set with us. >> good to be here. jenna: you found not all fda approvals are not created equal. what does that mean? >> exactly. we studied eight years worth of fda drug approvals and found some drugs were approved on basis of multiple, high quality, clinical trials that provide

useful information to patients and doctors about the drugs but we also found some drugs were approved on basis of more preliminary evidence. jenna: and was there any reason why certain drugs ad more clinical trials and were approved and other drugs did not seem to have that? >> it wasn't entirely clear what the reason behind those patterns were. what trend we saw, often drugs approved on more preliminary evidence with diseases with a profound medical need, such as cancer where there aren't adequate treatment options today. jenna: that would make sense there was more of a urgent need and a reason to have drugs variable to some patients? >> exactly. the flexibility we saw in many ways reassuring that regulators are helping promising new science reach patients without unnecessary barriers. jenna: we hear about some inconsistencies in the approval process though, it is easy to feel less secure about that and

wonder, why the do certain drugs get through and other drugs do not? that is something that the movie we just mentioned, "dallas buyers club", talks about. patients wanted to try certain drugs and the fda was not allowing that. you didn't judge the fda's decisions but you areyou're saying across the board there seems to be some discrepancies? >> exactly, we certainly found there was this reasonable degree of variability and we want patients and doctors, everybody engaged in our health care system to be aware of that and when deciding to use a new drug they should be aware that not all fda approvals are created equally. we know more about some drugs and less about other drugs. that is an important part of the informeds decision-making process. jenna: what about size of companies developing these drugs? size, money, did that seem to be a factor which drugs were approved and which were not? >> no, not necessarily. i would also reiterate that our study focused on drugs that were

ultimately approved by the fda we didn't have any insight to drugs that were ultimately rejected. we looked at a sample of things that made it on to the market. jenna: how does it make you feel as patient? we all taken prescription medications at a certain point approved by the fda. personally what is your take on it? >> fortunately i'm a relatively healthy person and don't have the need to take many prescription drugs. but, but i felt, you know, reassured that, you know, for, for indications and diseases where there are existing treatment options available that the standard of evidence required bit fda was rigorous but also comforting that therapies targeting diseases where there were inadequate treatment options today, that there was sort of a pathway to facilitate their transition from the bench to the bedside. jenna: interesting. nicholas, thank you very much. nice to have you in studio with us. >> thank you. >> jon? jon: some brand new doritos may be more meal than snack.

the latest flavors you might be interested in checking out. it is just you will have to travel to get your hands on them. also vegas is back! we'll have a live report on what sin city is gambling on now to get the economy back on track there. ♪

jon: las vegas seems to be hitting the jackpot after years of abandoned construction projects. building is once again booming along the vegas strip. the world's largest ferris wheel to a multibillion-dollar resort

that will include a rep flick can of the great wall of china. sin city looks like you never seen it before. will carr live in las vegas with more. >> reporter: hi, jon of the it is no secret vegas took a hit during the recession but things are turning around. take a look behind me, we're seeing one construction project after another just like this. right now $2 billion is being spent on construction projects either on or around the strip. unfinished construction, a familiar site on the strip, after years of recession. that's why this is music to las vegas's ears. >> given the costs of putting a property, you know, into operation right now, it's a good time to build. >> reporter: all over town developers are cautiously building again but this time around the possibility of recession is fresh on everyone's mind. >> what we've learned is there is a sealing to all real estate investment and we kind of

crossed that line. >> reporter: after years of exceptional growth sin city came face-to-face with its transgressions t was simple economics. too many rooms, too much to do, but not enough people. >> i think we tipped the financial model during that era. >> reporter: sls hotels says the recipe for success is renovation, not new construction. they're renovating the old casino. down the road sees car caesar's palace is a new boutique hotel. the echelon which putted out in 2008. now a malaysian developer plans to rework the property into an asian-themed resort. >> there are a distressed assets in the market starting to get attention as the market has begun to recover. >> reporter: construction brings jobs right now.

sls las vegas has 850 employees on site right here every day, jon. jon: will car, live in las vegas. thanks, will. jenna: doritos are trying to put out a new twist on their chips by releasing some strange to say the least culinary creations. strange to us but everyone is a critic, right, jon? jon: yeah. jenna: shrimp and mayo. bacon flavor. avocado and cheese. my personal favorite. you don't need the nachos just the chips. cheetos has a mountain dew-flavored chip. unfortunately these chips are only available for a limited time in japan. so if you're traveling, pick some up for us. meantime can only dream. jon: will be tough to get them at your super bowl party, right. jenna: good, creative ideas to inspire future meese, jon. jon: have to think on that one. the nation's third largest health insurer might have to

drop out of obamacare. wait until you hear about the latest problem with the health care law. we'll have details next. age-old question, are we alone in the universe? tiny particles could give us new clues. we'll have that coming up what does that first spoonful taste like? ok. honey bunches of oats. ching! mmmm! mmmm! mmmm! wow! it's the oats. honey. yeah. honey bunches of oats. this is a great cereal.

>> right now today's top headlines and brand-new stories you will see here first. edwards noted about to speak out on president obama's plan to reform u.s. surveillance programs. we will get a live report. and major rest a decade old crime. the highs featured i in the plot of the hit film "goodfellas." and pop star justin arrested on charges in florida. police say he was dragracing, under the influence and resisting arrest. coming up now.

speak ahead of one of the nation's largest insurance companies with a warning about the new health care law. hope you're having a great day. jon: welcome to the second hour of "happening now." the ceo health care law has failed to attract the uninsured. could force the nation's third-largest insurer raises rate by her perhaps double digits or potentially drop out of the race altogether. telling liz claman it all stems from major flaws in the law. >> as we finish up i did not ask about healthcare.gov. let me ask, does the volume of the health care exchanges, you are laughing, is it that bad? is the volume drying up where you thought it might be, lower, higher? >> i think it is lower than everybody would have thought. it is really not about the website, it is aboutdept prograo

create people to join. >> is it? speaker does not. people don't want to go to healthcare.gov to shop. people don't want to go online to look up health insurance. do you go online to look up your car insurance? do you relish that idea? the whole ideas how do we provide enough variety and choice for consumers to be able to want to go and find something that fits them. the fewer options you have, the less excited marketplaces. people chronically over insured or underinsured. the next issue for all of us is once we get past the program getting launched, how do we make it more exciting for people? >> and we can do that? >> we can do that. jenna: at health care conference the same ceo saying the democrats better than he expected. he is also warning many enrollees have not paid the

premiums so it is tough to know what is going on. the exchange business is small right now, but it is going to pick up eventually. jon: dissociate press monitoring a close watch index join the rates of uninsured american adults dropped slightly this month as a promised expansion under obamacare apparently began to kick in. it translates to about two to 3 million americans gaining coverage. the biggest change comes amongst unemployed people with a drop of nearly 7%. so what does it mean for health care? alan colmes, author o. and both fox news contributors. rich, to you first, what the aetna ceo did not say to liz claman is what he said on another network, when they roll out their rates in may after they get all the insurance sign sign-ups under obamacare, they will raise their rates because they could be looking at double-digit price increases and

they will get hammered for that, he says, by the watchdogs of this program, could even force them out of the program altogether. is that a success? >> it is not particularly surprising. everybody knew the design of the program was fundamentally flawed and he would attract people older and sicker, people getting subsidies. forcing insurers to raise rates and eventually make the rate less attractive. if you limit choices and increase the cost, you are not going to attract people. by some estimates, only 11% of people getting insurance through these exchanges were previously uninsured. what they have managed to do, jon, in the triumph is kick a bunch of people off insurance and then reassure them a different way. do not have to upset the american health insurance market to do that. jon: last report about 5 million people have lost health care coverage they have had and we increased coverage by 1.2

percentage points especially amongst the uninsured. is that some of that? >> some of them got new and better plans so to say that it is not exactly true. by the way, mark bertolini, the ceo of aetna, also said the demographics are better than he originally thought with younger people signing up. before the cataract, a.k.a. obamacare, it's really insurance reform. i do not expect them to wrap their arms around and hug the affordable care act. i'm not sure an insurance ceo is the most objective analyst. >> i'm sure he knows a lot more about it than you do, alan. >> i'm sure he does. >> the insurers had much lower expectations than the ridiculous spin put out by the administration on how people would be attracted to this program and sign-up for it.

they were more appropriate than the administration. >> he said by 2020, 70 million people would be signing up for the exchanges. so looking forward he has projected a very positive taking on of the affordable care act. >> i actually think the law is fizzling app launcher and could get repealed. this is not the way, there are people who desperately need health insurance who cannot get it through the current system. there is a way to take care of those people without making everybody else's health insurance more expensive and dumping people off their current plan. >> i am all for a single-payer plan. i don't know what the republican plan is to ensure 40 million people. >> you should read the national review. i will send you a copy. >> i would like to understand what the plan is to ensure the 40 million people who all of a sudden they care about, never before have they worried about all the uninsured people in this country, now they care all of a sudden. >> they have run articles after

articles that you can do things like give people universal tax credit where they can go out and buy their own insurance and buy insurance that suit their own needs. i know liberals like you, alan, hate the idea some of the can exercise personal choice to get something particularly suited to their own needs rather than mandates and regulations. >> that does not help. jon: alan, what about a? there have been a lot of proposals like selling insurance across state lines, for instance. >> the problem with that is every state has different laws and different regulations about insurance. you have to change laws in 50 states. that is not something you can easily do. that does not help ensure 50 million people. jon: one of the issues, rich, the aetna ceo pointed to is the number of people who have signed

up does not meet the number of people who have paid, 50-30% of people laxly signed up for obamacare policies have not paid the premiums yet. >> they are entirely phony. they cannot be concerned with the program has actually done. it may have insured less than a million of the uninsured currently. you don't need massive regulations, massive new spending, estimate taxes to do that. there are more market from the way to do that, which is another reason this law has to be done. >> it creates more competition and the kind of thing conservatives say they want. >> there are certain kind of insurance you can't have.

you will have very few choices. >> aetna's main business is mainly corporations they are not dropping out of a business that is their business. >> that is not the point. they will have even fewer choices on the exchanges than they do now. jon: we will let our viewers by the choice as their health care plans get cancelled and may be reinstated, we will see. thank you. jenna: in other news a rating companies moody's change in outlook for u.s. health insurers like aetna from stable to negative citing among many issues uncertainty over the new regulations due to the affordable care act. under enrollment among people 18-34-year-olds is the key issue for this ratings change. this is the group that needs to subsidize higher cost plans for older, less healthy people. the concern is the massive expansion of the decayed enrollment.

and you call to end the nsa phone surveillance program. urging the agency stock collection of phone data get rid of a massive inventory holding phone records of hundreds of millions of americans. live from washington on this part of the story. >> good morning. this independent group will issue its report about an hour from now fox's has reviewed an advanced copy and confirms it finds the election of phone records under what is called section 215 of the patriot act is illegal. when the practice began after 2001 there was no mention in the public record that it was intended to provide legal justification for the collection of business records. this my reaction from the congressman, republican chairman of the house intelligence committee who called the findings disappointing and inconsistent with the findings of 17 federal judges who say the

ogram is legal. see a democrat says it signals the end of the controversial program because it did find an illegal and unconstitutional. those familiar with the presence reforms that may be virtually impossible to implement a key provision by the march deadline moving the phone records out of the nsa to it third party. as we previously reported on fox news, company syndicated they do not want to hold these records. this was also the case back in 2009 when they were originally approached about this project. jenna: where is the white house on this so far? >> the white house acknowledged they really do have a hard road ahead on nsa reform. >> the relevant agencies are at work and mint in the directions of the president's speech that he gave, the president said his

or collocated issues but they are not new to us. we have been doing everything in our power already we are to meet those timelines. >> former nsa contractor edward snowden will weigh in on a public webcast for the first time he has been asked publicly about allegations that he did not act alone when he stole more than a million records, jenna. jenna: thank you. jon: right now, syria is casting doubts on negotiations to end the long term civil war. outside intervention saying fighting terrorism is serious priority, not peace talks. the u.n. mediator will speak with opposition leaders separately in switzerland tomorrow. meanwhile, al qaeda calling for rival groups to redirect the focus from each other and unite

against president assad. they said infighting has killed. jenna: back at home, justin bieber arrested for drunk driving, and that is only one of the charges. we will tell you the rest. >> another officer was able to stop mr. bieber. approach the car, confronted mr. bieber, he smelled a strong odor of alcoholic beverage. jenna: and new york city mayor facing an avalanche of criticism for his handling of snow removal in manhattan. for politics behind a slow response to a big storm in neighborhoods? a live report on that coming up. is this the polar vortex tape to? the return of some seriously cold weather. >> going to work right there, just cold. hey kevin...still eating chalk for heartburn?

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jenna: much of the country in the grip of a deep freeze again today. this round of extreme weather bringing heavy snow and subzero temperatures too many areas. factor in the wind and it feels even colder. rich edson from the fox extreme weather center with more. >> the eastern part of the country can't get the cold temperatures. with his ongoing record raking warm temperatures across california. it is very cold, we're going to continue in this pattern area did we have this series, parade of clipper systems, with each one of them it reinforces the cold air coming in across parts of the eastern part of the country. west though the high-pressure holding on there. more santa ana wind coming in, the fire danger so critical

there. that is the high side. look at chicago over the next several days. morning lows, saturday morning a low of 24. the only day you are above the typical temperatures. and in the bottom drops out again. take a look at new york city, watching it again, in 10 days our average overnight low is 27 degrees. next tuesday, wednesday morning pushing 0 degrees. it will be even colder than what we are dealing with right now. down across the south, getting down to houston and victoria, texas, an ice storm developing overnight tonight, so if you're putting on driving across this i can area, take a look at what happens this afternoon. 31 degrees and likely some freezing rain overnight tonight across that i-10 area. please is not used to getting this kind of area.

folks need to stay off the road. jenna: thank you. jon: new york city amongst those getting hit hard. the new mayor here is facing a storm of criticism for the failed response. speciaespecially on the upper et side. on the upper east side live. reporter: good morning, jon. mary bill de blasio has been criticized for raising taxes. some of the wealthiest in a city that he may have been engaging in political payback by not following the streets during the snowstorm on monday night. the upper east side was a mess. park avenue is like a parking lot. the city's own record shows many

of the streets in the upper east side went untouched for hours. while other neighborhoods were serviced. the mayor had praise for the city efforts during the cleanup and denied the upper east side was unfairly targeted. >> nobody was treated differently. we believe in a five borough approach and everything we do. reporter: but later the mayor did visit this neighborhood and said mistakes were made. said moore could have been done. some in this neighborhood are not surprised. it could have been done on purpose. >> i don't think anything like that would be intentional. it is pretty dangerous. if it was on purpose, it is not very kind to the residence here. >> i assume maybe we were being targeted, nobody cared about this part of town, that they were elsewhere. either that or there was gross incompetence.

>> they say it is mayor de blasio getting back at the wealthy people. >> not his fault. reporter: a history with new york city mayors and snowstorms in 1969, new york mayor john lindsay lost a g.o.p. nomination for his second term in part because there was a big snowstorm then and the borough of queens a lot of that was unplowed for days. mayor lindsay was from manhattan seen as an elitist ignoring the rest of the city. mayor de blasio from brooklyn and may be the opposite according to some but he has at least learned his lesson in the beginning. john, back to you. jon: all politics is local and so is all plowing. thanks. jenna: the biggest heist of its kind. they stayed ice cold for decades until today. next we will tell you about the first arrest in a notorious

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jon: right now, a case ice cold turns red hot. the fbi arresting five mobsters, one linked to the infamous heist from 1978. live in the newsroom with more on this very cold case. >> it was a huge story 35 years ago, made even more famous when it was featured in the mob film "goodfellas." 1978, six men in masks and hoods invaded the cargo terminal at

new york's kennedy airport and stole about $5 million cash and a million dollars in jewelry. worth about $20 million in today's dollars. the alleged mastermind was james burke. he was the inspiration for robert de niro's character in martin scorsese's film. he was convicted of a second film and died in prison, that only one presented, airport worker, convicted of helping the monsters was ever charged in the heist. the fbi believes he killed or ordered killed any of those who gave up the mob. now five defendants were arrested overnight. the one the feds say is connected to the heist. the 78-year-old was an alleged captain. the feds say his arrest stemmed from a surge in june of burke's home in queens where his daughter still lives. they found the remains of a man who vanished in a tizzy to nine

after burke suspected if him talking to the feds. that's discovery led to today's indictment. the four others arrested are poorly not linked to a heist. one is from new york allegedly high-ranking underboss is being charged with conspiracy. john. jon: what a story more than 30 years ago. thank you. jenna: let's bring in our legal panel joining us from denver and former federal prosecutor. great to have you both. i am sure you are familiar with this case, has been in the area. what did you think this morning? >> being prosecuted by the district of new york u.s. attorney's office. 64 minutes legendary back in december of 1978, $5 million in cash, $875,000 in jewels taken, and as you guys have been saying, dormant for all this time. other have returned racketeeri

racketeering, the main defendant listed first and they charge him flat out with being involved in a conspiracy as well as the murder whose remains were turned up in what was then his daughter's house but previously his house. jenna: am so curious what you think of this working on the defense side. what are some of the challenges at this time not only with arresting, getting enough evidence to arrest somebody but now having to prosecute him. >> we see the indictment has come out. having a clear and convincing evidence to get the jury to convict beyond a reasonable doubt is a whole another challenge. people's memories are not as good, the actual evidence itself can be deteriorated. there will be some evidentiary challenges from their

standpoint, absolutely. >> a lot of people that are de dead, with your experience, what do you think about the evidence they potentially have? in order to go after this guy and arrest him today. >> i agree with my colleague, 30 years is a long time not only for the witnesses memories, but people are deceased. i will speculate obviously some decent testimony and cooperation. that is what you are going to need to actually be successful in this prosecution. you can argue this two ways. they indicted, which means probable cause. the other argument is they feel they have the case beyond a reasonable doubt. it is hard with indictment in the field, i looked through it 20 minutes ago. it will be an interesting case.

jenna: it is an ongoing operation by the fbi which is why we haven't heard a lot about it. there are things that exist now that were not used as much in 1978 like dna evidence or unearthing the bones. could it also worked the other direction now even though so much time has passed? the investigation that much better? >> that is true, jenna. technology has advanced. i worked on the defense side of these cases, they do take the time. i agree with him, normally by the time the fed in day to you, they really are positive about their ability to convict you. unlike state prosecutor offices that roll the dice come you don't see the federal government doing that so much. the fbi is pretty sure to convict if they indict. i'm sure they have evidence for the challeng challenges i certak the defense can expose those.

jenna: racketeering charges are vast, what could he eventually be facing? >> you are right, racketeering conspiracy, the underlining predicate acts. the loan shark and intimidation, gambling, all kinds of different underlining predication. jenna: a fascinating case. thank you. jon: what happened to the money? jenna: or the jewelry. jon: justin bieber i and even me hot water. the pop star busted following a slew of charges. but he looks so happy in his mug shot, doesn't he? what he is in trouble for now. plus the attorney general virginia take a stand on same-sex marriage. what he is: four.

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jenna: big trouble for justin bieber today. the pop star was arrested early

this morning for allegedly drag racing and failing a sobriety test. one more charge added the to list, resisting arrest. phil keating live in miami where this took place. phil? >> reporter: hi, jenna. sometime in the next hour over in miami-dade county that is what we expect justin bieber to make his very first court appearance after a performance according to mime beach police last night and into the early hours that involved beer drinking, pill-popping, and pot smoking and drag racing. early this morning is whether mime beach police report they saw a yellow lamborghini driven by justin bieber, 19 years old and his buddy, khalil sharif, driving a red ferrari. that is what they say the two of them started drag racing down a residential street here in mime beach where the posted speed limit is 30 and the officers said they were going at least 50 or 60 as they accelerated. and during the arrest, bieber, according to the arresting officer, was full of f-bombs,

very disrespectful, basically saying what the blank did i do? why the blank are you arresting me? you can continue to imagine what ensued after that. police say it was a at 4:11 a.m. when this drag race went down and when they went up inside the yellow lamborghini allegedly driven by 19-year-old pop star, justin bieber, that is when the arresting officer smelled alcohol, and saw bloodshot eyes and bieber behaving in a stupor. >> it was determined he was impaired. during the investigation mr. bieber made statement that is he had consumed some alcohol and they had been smoking marijuana and consumed some prescription medication. >> reporter: these are the charges faces justin bieber. dui involving alcohol and narcotics and the drugs include prescription antidepressants as well as the marijuana. resisting arrest without violence and driving with an

expired driver's license. police say his driver's license issued by the state of georgia expired more than six months ago. at the police impound lot early this morning, our local fox affiliate, wsvn, shot the video of the two very high-end sportscaster, the yellow lamborghini and the red ferrari in the impound lot. then of course when justin tran. eastern time this morning from the mime beach police department jail over to the miami-dade county jail on the west side of the county, it was a big event here as far as the news helicopters in the air following the transport the entire way. justin bieber remains in the jail in miami-dade county right now. sometime between 1:00 and 1:30 we expect him to make his very first court appearance. it was three nights ago, jenna, he was here in town, instagram noting himself out shirt lis inside of a strip club claiming

to spend $75,000 in one dollar bills on strippers. jenna. jenna: wow, a lot there, phil. a story we'll continue to watch. one quick question, just in the mug shot, really caused a little bit of a stir among our team, a few of us are curious, maybe you can investigate what kind of volumizer justin beeb uses in his air. a lot of goto great lengths to get that height. >> reporter: keep in mind this is after high on drunk, popping antidepressants and 5:00 a.m. when the mug shot was taken his hair looks spectacular. jenna: and smiling. phil, more to the story certainly. jon: they have got salons in miami. bombshell developments in virginia where attorney general mark herring is nouns he believes the state's ban on same-sex marriage is unconstitutional. he plans to ask a federal court to strike it down. meanwhile according to a new fox

poll, this is a national poll, voters remain split on the issue, unchanged from a year ago, 47% say, good idea. 47% say bad idea. so, is same-sex marriage losing its power as a political wedge issue? angela mcglowan is a fox news political analyst. this case in virginia is so surprising to so many people, angela, just because of the turnaround since democrats swept the top offices in that state in the november elections. all of a sudden you have the new attorney general doing what the former attorney general, ken cuccinelli said he would never do, arguing that the state's ban on gay marriages is unconstitutional. >> well then when herring was a state senator, jon, he was voting against the constitution, if that is his argument because when he was a state senator he voted for the ban on same-sex marriage. jon: he says his thinking has changed. is that the case or is it that the political winds have changed? >> i believe the political wind in this case have changed.

listen, when you are a one-issue voter, that would be pro-choice folks, sanctity of marriage folks, or same-sex marriage folks, you don't change your mind, you don't have an epiphany all of a sudden that you were wrong. the bottom line is this. here we have the chief law enforcer of the state actually not only trampling on those virginians who voted for an amendment to ban same sex, we have attorney general going against the 10th amendment that actually defends states rights. this is a states rights issue and the attorney general, the first thing he is going to do is compare the ban of same-sex marriages, jon, to interracial marriage, when the state said that was illegal. also the desegregation of schools. he is putting that on the same playing field. jon: right. it is interesting because he is going in the opposite direction from what most state attorneys general would do. you mentioned the 10th amendment. and you know we can probably put it up on our screen there.

the powers not delegated to the united states by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or, to the people. >> exactly. jon: the people of virginia voted by a factor of 57% against gay marriage. >> yes. jon: that was in 2007. so the attorney general just wants to throw that out now? >> well, he wants to throw that out and, listen, same-sex marriage or abortion issues, they will always be a political wing. so i'm not surprised that with a national poll the country's split. but, jon, we can not legislate morals and values. you can't have a law dealing with how you feel about marriage. however we do have laws that we vote for upheld by our states and also by the constitution that our forefathers put in place. even barack obama, president obama, said that he is for it now same-sex marriage but it should be up to the states to decide what they want to

acknowledge as marriage or not. jon: well, it is a can of worms a lot of states are wrestling with now after some of these court decisions and supreme court decisions. angela mcglowan, thank you. >> thanks, jon. jenna: well some major concerns about obamacare and the impact on millions of americans after they pass away. why people who now qualify for medicaid should read the fine print. that's coming up. >> did you see the controversial comments by the president whether or not pot is more dangerous than alcohol? we'll debate that. >> ed koch wants runs the republican party in the state of new york. he is still waiting for an apology from the governor. he is back today. see you then. >> see you at the top of the hour. what did it say? what are you paying every year

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jenna: quick fox news alert. we don't want to forget what shaping on wall street today. you see the dow is trading lower by more than 170 points. it was nearly lower by 200 points earlier. that is the lowest as far as intraday trading in five months. a few reasons for this? one has to do with economic data coming out of china looked disappointing to some traders. also some company news and earnings reports that also disappointed. a big question that arises from data and company news that is lower than expectations the question of whether or not that is specific to the country or company or a bigger statement about the economy and that is potentially something traders are grappling with today but certainly a lot going down on wall street now including the dow which is trading lower by 174. jon: some serious new concerns about obamacare as the law's fine print reveals millions of people newly-qualified to receive so-called free health care under medicaid may be on the look for every dime after they die. dan springer is live in see at

tell with a story that might surprise you, dan? >> reporter: sure will, jon. it is called state recovery. it has been around since congress passed a law in 1993 when states were going broke over rising medicaid costs. under obama care many more will be affected. six million more people are eligible for medicaid. many own a home and may have other assets. states are allowed to keep a running tab on medicaid bills from age 55 to 64. after your death can attach a lien on your estate. >> i think that people are maybe in for a shock when they find out that their heirs will be paying for care they din even use because they got into a system under false prestepses. >> reporter: now the amount of money we're talking about could be huge. in 2004 states collected $361 million through a state recovery. 44 million of that was in california alone. now, under obamacare, the golden state is expecting one to two

million more people in the medicaid program. it will continue the practice collecting as much as it is allowed by law. unlike in the past when most medicaid recipients were poor or disabled, we're finding men of people with serious assets but not a high income. one guy in in in the eseattle aa told us he wants no part of medicaid. >> i did not want to be on medicaid because it is supposed to be a safety net program. it is not for somebody with assets to pay the bill. i used to pay the bill. i didn't want money from the government for that. >> reporter: get this. we found a couple in their 60s, got married to stay out of medicaid. individual they qualified but their combined income allowed them to buy a plan on the exchange. why did they do it? the woman own as home and wants to will it to her children free and clear from uncle sam, jon? jon: you get death and taxes and taxes after death. >> reporter: you got it. jon: only this government could

concoct something like that. dan springer, thank you. jenna: are we alone in the universe? scientists may be close to answering that age-old question. what researchers say stardust can tell us about life on other planets. ♪ hey kevin...still eating chalk for heartburn? yeah... try new alka seltzer fruit chews. they work fast on heartburn and taste awesome. these are good. told ya! i'm feeling better already. [ male announcer ] new alka seltzer fruits chews. enjoy the relief!

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jenna: "happening now," is it the answer to an age-old question? researchers at the live more lab in california using highly sensitive equipment to study dust collected from earth's

outer atmosphere. the results? tiny particles contain pockets of water and organic matter, suggesting some say life may have evolved at different times and places across the universe. cory powell, editor-at-large for "discover" magazine. does this mean life exists elsewhere? it is in the stardust, cory. >> i would love to tell you, yes, we found life in the universe. we're not there yet. we can answer the smaller question to ingredients of life exist in the universe? are we unique? is there something special where we are here or a living universe? are conditions the same everywhere? there this is a strong piece of evidence, key ingredients of life, water, chemicals are produced all threw through universe and created and blown out by stars. it is a -- jenna: walk us through that a little bit. where exactly does this water come from? >> so this is, slow this down a little bit because it is so

strange. so when the stars blow out gas, when the gas hits dust it makes water. so when you look up at the sky, every star you see up in the sky is actually blowing water and organic chemicals out into space. think of these things as little incubators. they're blowing out the ingredients of life all through the universe. jenna: you're saying the ingredient is out there. what it is actually a part of is a bigger question? >> right. this study is telling you, yeah, you've got all the things to bake the cake. now you want to know, okay, has anybody actually done that baking? there are other reservers that are actually looking at specific planets around other stars, trying to see did life get a hold there? we don't know that yet but we're closer than you might think. we might know that even within the next 10 years. jenna: really? and what would that tell us whether or not life had existed in the past or that it is currently existing in some form right now? >> so, again the answer is, you know, the answer you really want is "e.t." phoning in and high,

we're here. jenna: how unique and special we really are. >> what we're more likely to get, scientists coming in and saying we found a planet, it looks like earth, has oceans like earth and has an atmosphere like ours. the only way it could have that as we know of if there is life there. it is not 100% thing you would like to hear but to me that is very exciting. if you think, things in nature don't happen two times. it is either unique or happens over and over again. if there is life on one other planet, if we find something on mars or one other living planet that tells answer, this is a living universe. >> we're a part of something, very, very big. that is exciting to me. jenna: that exciting to us too. i hope you're around when we have the subject matter that confirms it. >> if we really find life -- jenna: i'm calling you, cory. >> i'll be happy to be here one to tell you, yes. finally i can say yes. jenna: thank you very much. appreciate it. we'll be right back with more

"happening now."

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>> playing the super bowl in new york and new jersey, coming up. the weather is fine. >> thanks for joining us. america's news headquarters starts now. fox news alert. we are waiting on justin beiber to make his first court appearance following an early arrest this morning in miami for drag racing on a city street. the police say the 19-year-old super star failed a sobriaritty test. his most recent encounter when police detained him in his la home while investigating a egging incident at a neighbor's house. another fox news alert. to a sharp rebuke to the presiden