they set out on the maiden voyage. what a cool looking ship that is. thanks for all of you serving. we wish them well. "happening now" starts right now. bill: see you tomorrow, everybody. >> right now break news on today's top headlines and brand new stories you will see here first. jon: a trial set to begin for a woman to begin in the gruesome murder of her husband's ex-lover. >> what we can expect today. smelling sickness? new research suggest that is humans can smell certain illnesses in others. what could that mean for the treatment of a wide range of diseases. a world traveler back from a two-year adventure, vanishes while out for a stroll. the latest on the search for leanne bearden. it is all "happening now." jon: more trouble for the white house over obamacare.

new polls show president's health care law is not set sitting well with you. good morning to you, i'm jon scott. >> i'm patti ann browne in for jenna lee. that has done little to improve american's perception of the law. jon: a new associated press gfk poll find 2/3 of americans believe the rollout was not handled well. that echoes a recent "fox news poll" that shows 59% of americans oppose obamacare. joining me now, ed o'keefe, chief congressional reporter for "the washington post", and michael warren, a writer for "the weekly standard." michael, a couple of the numbers first of all. we have about 60 days to go until you're supposed to be signed up for this thing. 71% say they have encountered problems in trying to sign up. that does not bode well for this president's signature achievement. >> no, it doesn't. first impressions i think are

important. people haven't liked the law since it was passed back in 2010. they haven't liked it since it was implemented that number, 71% of people who have had a problem that story trickled out into the body politic and what everybody perceives the law as being glitchchy. even if they fix the glitches that is a big hurdle. that this is a big government boondoggle that doesn't really solve the problem and affects everybody's health insurance and health care. this is a big political problem for democrats. even if it gets better, it will not get better in the polls anytime soon. jon: you point out it may be a political problem even in some blue states. there are senators who represent traditional represent red states looking over their shoulder but you say even democrats in deep blue states could be in trouble. >> i was talking with a monica, a pediatric neurosurgeon in oregon and republican, running

against jeff merkel. very blue state as you say. he is a democrat there and, but he could be in real trouble. orgeon has had some of the worst problems with obamacare. their own exchange website has had more glitches than the federal website. they fired their director for their program. and so, weby, monica is a woman, a republican. raised $500,000 in the last quarter of 2013 f she starts polling really well against merkel, who has got some weak polling in that state, she could be a real contender. that tells how far republicans could go on this as a political issue in the 2014 elections. if republicans are closing the gap in oregon, obamacare is a big reason why and democrats should be, should be scared. jon: let's talk some numbers with ed o'keefe, congressional reporter for "the washington post." ed, some of the polling that we did here at fox news last week asked people how confident they are

about their personal info being kept private in the obamacare website. 20% say they're not very confident it will be kept private. 40% say they're not at all it will be kept private since the primary users are the most adept users of internet information, are the young, is that part of the problem, that this website is having, obamacare in signing up young people, the 18 to 34-year-olds? >> well, i think it's a combination of factors. i think general problems with the website from october on. it is the fact that as people say they wait until the last minute, the administration certainly believes that and it is expecting that more young people will begin signing up later on. look, you've seen several big high-profile data breaches in the private sector in recent weeks. target, nordstrom, michael's arts and crafts stores.

a lot of that is targeted to transactions at counter but some online there is several concerns with any website as there should be that their information could be compromised. combine that with the general concern for the health care program. no clear sign of absolute success stories and all that is adding up causing a lock of confidence. jon: one of the things i haven't seen much sign of, ed, is the success stories we were supposed to see. >> right. jon: back at the end of the year organizing for america was going to be soliciting all kinds of stories from people who have been helped by obamacare. democratic trying to get those stories in. we haven't really seen them, have we? >> well, we've seen some examples of people saying, yes, my premiums went down. i will inevitably end up paying less and those say i didn't have health care before and now i do. success will be more in the eye of the beholder. success will frankly take a long time to come. not because the program isn't

working. someone might not go to the doctor until august or september and begin to see the success later this year maybe not for another year. it may not happen until they get very sick and have to go to the hospital. they finally have the first interaction with the health care industry under the new law. and they say, gosh, according to the price, according to my experience, according to fact i was able or not been able to get appointment quickly. things have been improved. prices may go you or down. success will be lot hardtory measure. that is the white house saying correct, perhaps you might have to wait a little bit to see signs of success. jon: right. michael, last i checked the number there are more people kicked off policies under obamacare that have signed up for new policies under obamacare? >> that's a big problem. i talked to republican candidates in the house and senate say we have the sob stories now. a lot of times democrats have the advantage, show somebody that either didn't have health

insurance or now with the new law has health insurance but all across local news you see it every single day, one more report of somebody's premium going up, you will start seeing long lines at the doctor's office. that is what some experts are predicting. this will be a real problem because the anecdotes are not on the democrat's side. that goes a long way in a campaign. jon: michael warren from "the weekly standard." ed o'keefe from "the washington post." great to have you on to start the monday coverage. >> thank you, jon. >> fox extreme weather alert. much of the country bracing for another brutal arctic punch bringing dangerously cold temperatures to the midwest and the owes coast. the possibility of snow as far as south as new orleans and atlanta. meteorologist maria molina joins us with more. good morning. >> good morning patti ann and jon, you're absolutely right. we're looking for a risk of snowfall as far as south as city of new orleans.

in the parts of the gulf coast we're currently underwinter storm watches. very rare in this part of the country even during the months of winter. look at some current windchills but many cities are experiencing dangerously cold windchill temperatures like over in the city of chicago, currently if you head out the door it feels like 25 degrees below zero. in minneapolis, dangerously cold, 37 degrees below zero is the current wind temperature. we have the risk for frostbite and hypothermia and winter warnings checking as far as back as parts of dakotas and as farce east as sections of the northeast. down south, mississippi, parts of alabama looking at windchill advisories out there. otherwise the forecast we're expecting cold temperatures to move south and eastward. by tomorrow you will be only in the 30s in the city of raleigh. you're expecting high

temperatures in the 60s. you're talking a more of a temperature drop more than 30 degrees for some of you. atlanta, highs in the 30s. new orleans, same for you. wednesday, more cold temperatures. this cold grip extend next few days into the southeast. we head into tuesday and wednesday, some areas in eastern north carolina could get more than a foot of snow. so very significant stuff. we'll keep you updated. >> a foot in north carolina. >> possible. >> maria molina thank you. jon: they have the soft white beaches on the golf course or gulf coast. >> if you have pictures, tweet them. jon: that is sand, not snow. new threats from the government as protests rage out of control in ukraine. demonstrators taking dramatic action, seizing four buildings including city hall. now the country's justice minister warning she will call for a state of emergency if the protesters do not leave her

offices. there is late word the protesters have now left. greg palkot is following the story live from our overseas bureau in london. greg? >> reporter: hey, jon. yeah, the latest word we're getting is in fact the protesters moved out of the justice ministry building but still holding their browned in the protests being called the worst unrest that europe has seen in decades. they stormed the place overnight and apparently are making a tactical retreat. they're outside but keeping workers out as well. added to other government buildings they have occupied, one report says there is growing sense in kiev that the authorities are losing control of the city. so far at least five demonstrators have been killed. dozens more have been injured and arrested. likewise we are seeing protest, jon, spread throughout the country. the latest count is 10 regional government head quarters have been seized, including one in an important city in the southeastern part of the country. that has been a strong hold of

the embattled ukrainian president viktor yanukovych. now that is even showing weakness for him. he over the weekend offer toddies solve his cabinet. appoint as new number two and number three opposition leaders and try to negotiate compromise measures. the opposition as of yesterday, not buying it. they're demanding nothing less than the president stepping down and new elections being called. remember, it was the government's decision to back away from a deal with the european union and lash up a closer tie with russia that started all this. now there are general attacks on corruption and undemocrattic behavior by the government. tomorrow could be a crucial day. there is special session of parliament in kiev. they could offer more compromises or crackdown. washington is watching this very closely. neighboring russia has a big strategic stake what goes on in the ukraine. so do we. so does the european union. back to you. jon: greg palkot, keep an eye on it for us from london, thanks.

>> an innocent steepover takes a frightening turn. two young girls are reported missing. we'll have details on the growing search for them. a stomach bug sinks vacation plans for thousands of people aboard a royal caribbean cruise ship. the latest on the outbreak and what the company is doing about it.

jon: right now some new developments on some crime stories we're following. we're getting a more detailed suspect description in the triple homicide in california. two people were found shot dead outside of a mall on christmas eve. a third body found weeks later. the revised description adds new details about the suspect's clothing. the search is on for two girls in southern california who vanished during a sleepover. 12-year-old raylynn bolt and 14-year-old diana tourdot have not been seen since saturday

night. florida congressman trey radel is set to resign after he was caught buying cocaine from a federal agent. he was sentenced to a year in probation. since then republican leaders have urged the congressman to step down. patti ann: thousands of people forced to cut their caribbean vacation short after a stomach bug sweeps through a cruise ship. more than 600 passengers and crewmembers were sickened on board royal caribbean's explorer of the seas. steve harrigan is live in miami. steve, how bad are things on board right now? >> reporter: patti ann, things got bad enough that royal caribbean had to cut short the 10-day cruise to the caribbean. they're returning to port in new jersey two days early. at its height, 20% of the passengers were sickened many with severe diarrhea and vomiting day and enough. number of crewmembers and even entertainers. royal caribbean made the

decision to turn back even though number of new cases spiked. many that are sick back up on their feet. they were unable to deliver the kind of vacation their passengers were expecting, patti ann. patti ann: do they have any idea what caused the outbreak? >> reporter: cdc officials boarded the ship in the caribbean and they have taken some samples. they expect the results to be ready by midweek. symptoms are pointing to norovirus, something we've seen on cruise ship outbreaks in the past that produced these kind of symptoms but we won't know until wednesday really but right now royal caribbean is saying this ship will be thoroughly sanitized when it reaches port in new jersey before it goes out to sea again. patti ann? patti ann: steve harrigan, live in miami, thanks. jon: stamp prices are on the way up today. what it will now cost you to mail a first class letter. plus why the postal service filed a court challenge. we have the lowdown on all that. also investigators pouring over an accused gunman's journal

after a deadly mall shooting this weekend. what police are learning about the teenage suspect and his apparent motive. we'll go in depth. wow, this hotel is amazing. oh no. who are you? who are you? wrong answer. wait, daddy, this is blair, he booked this room with priceline express deals and saved a ton. yeah, i didn't have to bid i got everything i wanted. oh good i always do. oh good he seemed nice. express deals. priceline savings without the bidding.

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so, what's next? the upcoming winter games from sochi. where every second of nbc universal's coverage will be available on every device. on tv, online or streaming on the nbc sports live extra app. beginning february 6th, experience the winter games everywhere. welcome to what's next. comcast nbcuniversal jon: right now, postal rates are on the rise even though a series of court challenges remains underway. new stamp prices take effect today but they will be phased out in two years so the postal service filed a suit with the appeals court to make the higher prices permanent. this as bulk mailers protested the price hike in a different court action because they claim the increase exceeds the rate of inflation. but for now, posage for a first class letter jumps three cents

to 49 cents. postcards rise to 34 cents. a first class additional ounce stamped costs 21 pennies. a 2-ounce stamp increases to 71 cents. three ounce sense is 79 cents. hope you got all that. patti ann: there are brand new developments in the deadly mall shooting in maryland over the weekend. the mall gets ready to reopen two hours from now a newly discovered journal at the gunman's home may help with a motive. the teenager walked into a busy mall killing two employees before killing shotgun on himself. he expressed some general unhappiness in the journal but motive remains a mystery. we have rod wheeler, former d.c. homicide detective and fox news contributor. thanks for being with us. >> thanks, patti ann. patti ann: he walked into a

skateboard shop on the second floor. killed two employees, 21-year-old woman, a 25-year-old man, and then himself. the shooter, darian aguilar lived with his mother. they found a journal where he expressed general unhappiness with his life. how important is the journal. >> this journal is very important. as a matter of fact, i believe, patti ann, the journal holds the clues why mr. aguilar did what he did. very quickly we learned something very new from the howard county police department. here is what that is. that morning of the shooting, 1:00 in the afternoon, aguilar mother telephoned the prince george's county police department. the prince george's county police department is one county from over where columbia malice, and told the police her son was missing and really worried about their safety. the police went out to the house, looked at jou only that the mother informed them of something else saying responding officer say, hey, we need to find this guy right away because he could be potential

danger or himself to others. what was that information, patti ann, that the mother must have told police? i believe it was the fact that this guy had a shotgun and lot of ammunition. guess what, it was missing that saturday morning. that is why she called the cops. i think this is all starting to unravel now. we're getting a better understanding why mr. aguilar did what he did. the question that remains though, why did he go back to that particular store? he had to pass a lot of stores to get to that zumiez store. the question is why did he choose that store to go to? patti ann: it does appear that he targeted these two individuals. investigators are not sure how or if he knew them. they say he was an avid skateboarder. this was a skate boarding clothing shop. he might have been in the shop previously. friends of the victims say they're not aware of any relationship between aguilar with either tyler johnson and briana. they say tyler and briana were not dating which weakens the

theory of a love triangle. >> sure. patti ann: why might he have targeted these two people? is it possible he was in there once and something just set him him off? >> you're exactly right. this guy, aguilar, patti ann, as a skateboarding enthusiast. i believe he had been to that store before. here is the clue though right here. about a month prior to the shooting that is when he purchased the shotgun, early december. it is believed he was out at that store sometime in early december after some kind of an altercation, maybe some kind of an incident. i'm only speculating here, makes sense. some kind of an incident he goes out and buy as shotgun and comes back to the store and specifically looks for these people. that is one of the two working theories that the investigators are looking at now. and i honestly believe within the next day or two, patti ann, we should have more definitive information as in terms of why mr. aguilar chose that particular store. patti ann: yeah. darian aguilar had no criminal

record. he purchased a shotgun. he had a backpack with two homemade bombs in it which were disabled. there was definitely some planning and some time involved here. >> that's right. patti ann: do you believe there were signs of mental illness that were missed? >> that's the question of the day and you know, i've always said in all of these types of situations there had to be some warning signs. in this particular case i would say that the warning signs should have been known by the mother. that's why the mother called the police that saturday morning. you know mr. aguilar was 19 years old. to call the police on a 19-year-old to say they're missing on saturday morning that is highly unusual. saturday morning on college campus and college area where this guy lived that is not all that unusual. the police thought, patti ann, for some reason or another there was enough information they needed to find this guy fast because they thought he was a danger to himself or someone else. so they classified him, patti ann, as a critical missing person on saturday morning. patti ann: otherwise you wait 72 hours before you start a search

especially for a 19-year-old. >> sure. patti ann: he lived at home with his mother, as you point out in a college town and it would not be unusual unless the mother had seen some signs that made her concerned. >> exactly. patti ann: rod wheeler, thank you so much. >> thank you, patti ann. jon: still ahead a woman accused of helping her husband kill his ex-lover. he has already been convicted. does the prosecution have enough to put her behind bars as well? guess who might be called to testify? also as icy temperatures again grip much of the country, new concerns of a shortage of fuel that keeps millions of americans warm. [ fishing rod casting line, marching band playing ]

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homeowners faster so everyone can stay warm. garrett tenney live in a very frigid illinois just outside of chicago right now. hi, garrett. >> reporter: hey, patti ann, it is negative 21 degrees with the windchill. frigid temperatures across all the entire country have come at a horrible time with the pope train shortage. -- propane shortage. more than a million businesses do as well. this propane shortage is causing all the people to cut down on their propane usage. you mentioned 31 states that declared a state of emergency trying to get more of that propane into those states with the people can fuel their homes. now this low supply and high demand come from the really frigid winter we've had so far this year, that has combined for some of the highest prices they have seen in propane in more than 20 years. we talked to one homeowner who

said his heating bill is three times as expensive as it was a just a few months ago. >> the price of the propane is going outrageous and to have the tank filled is just tremendously more expensive. and it is hard to come up with extra money one lump sum compared to paying monthly. >> reporter: suppliers are also feeling pinch of this shortage as well. we spoke to one who said his truck that is normally had to go 60 miles to get their tanks filled are now having to go more than 600 miles. now that means, a lot less trips that they are getting to all of these people's homes that need more of that propane. >> you're used to getting three or four loads a day, you might get one every couple days. so that put as big strain on what we need to do, especially when, you know, especially when it is is up zero temperature out and you need propane desperately >> reporter: you desperately do need it in these kind of

temperatures. they're saying this winter weather will be continuing all throughout the month of january. this shortage is expected to continue all the way until spring. patti ann? patti ann: garrett tenney live in illinois. stay warm, thanks. jon: the murder trial of a north carolina woman accused of helping her husband kill his former lover is expected to begin today. prosecutors claim amanda hayes and her husband lured the victim to their apartment and then killed her and dismembered her body back in 2011. hayes' husband was found guilty of the murder last year. joining me jonna spilbor, criminal defense attorney and phil snyder a former prosecutor. jonna, i covered a lot of cases and this is about as twisted as they get. apparently this man, grant hays had -- hayes had children with both women. his ex-girlfriend or i guess girlfriend at the time was suing him over cost did i of the two

children they had together. so the prosecution's theory is that the married couple lured the girlfriend to the apartment, killed her, dismembered her body and drove her 1200 miles away to texas. that is the background. he has been convicted. now her attorneys, as she goes on trial for first-degree murder, her attorneys are saying they may call him to testify. is that even possible? >> yeah, well it is possible but in this case to me it doesn't make any sense. it is possible because, there is a spousal privilege in most states. in north carolina the person who holds the privilege is the witness spouse. in other words, amanda hayes doesn't have it. her husband grant hayes does. if he wanted to testify on her behalf or wanted to testify period he could. but in this case because he is already been convicted and his theory is, hey, i didn't really do it, my wife did but it was a big accident, that flies in the face of amanda hayes adefense.

i had nothing to do with it, anything i did have to do with it after the fact was under duress because my husband is a big ol' bully. i don't know how it will benefit amanda hayes to have him take the stand in her defense. jon: let me read, phil, some of what he just told a north carolina television station. he says of the encounter between these two women that apparently took place in the apartment. words were exchanged and laura jumped amanda. laura is the girlfriend. amanda tells me that laura made a threat to take her child away from her. the next thing she knew laura had her by the hair and was dragging her. so he is trying to i guess blame the murder of the girlfriend on the girlfriend saying she acted first and that his wife only acted basically in self-defense. >> right. i mean well he is in jail and he will say whatever he can to just try to save his skin.

jon: he is doing a life term. >> he is doing a life term. he has appeal pending potentially. it is important that he doesn't take witness stand under oath cross-examined by a experienced prosecutor and get himself under hot water. agreeing with jonna, i don't see him taking the stand in her case. if they call him i think he will plead the fifth so he doesn't have to testify. jon: he went on to tell wral in north carolina, here i am a black man in an apartment with a dead white lady who is suing me. my wife's story didn't seem strong enough to compel somebody that there wasn't foul play because of me. the reason they went through the whole thing, cutting up the body, driving 1200-miles with it, dumping it in texas because he was afraid he was going to look like the bad guy. apparently, jonna, that is exactly what the jury thought because he is doing life without the possibility of parole? >> i think his story is bunk.

so did the story but that will help amanda hayes. because the other interesting thing prosecutors added the charge accessory after the fact in addition to the first-degree murder of amanda hayes. which means prosecutors probably think there is a good chance they can't prove first-degree murder at her and can point the finger at empty chair, the guy who really did it, my husband is serving life term for the murder right now. jon: hard to understand. he is saying basically, phil, that his wife did kill her but it was all in self-defense yet he is doing life without parole on a first-degree murder charge? >> jon, here's the bottom line. regardless what jonna says you have a case where another individual is chopped up, put into coolers, driven across the country, poured acid on and jury will look like this like clydesdales and look at amanda hayes say, that is a bad person. they will convict her of accessory after the fact and

convict her of murder because she is heinous and vile person and not believe anything she has to say. jon: here is another quote that apparently undermines what he is trying to do. he says, again this is what he told of the television station, if you look at the facts of this case, akerson's body being found where it was, that being in texas, amanda hayes involving her sister, this was amanda's show. i'm not trying to push blame and responsibility off of amanda, i was as much invested in protecting my family as she was. sounds to me like this guy supposed to be called as a defense witness is blaming his wife for the murder. >> trying to throw her right under the bus. it is self-serving he filed an appeal. this will help him i think he thinks in that regard. but bottom line is he had the motive. he had the opportunity and not for nothing. he's a man. she's a woman. not that hard physically to overpower a woman which is what he did. chopping her up and putting

her -- listen, if you mistakenly kill somebody, do you do that, jon? do you make that effort? do you buy a power saw, get caught on tape doing, buy coolers, put it in a van and drive halfway across the country if you're innocent? i don't think so. jon: but does that, you know, is there enough evidence there, phil, for a first-degree murder conviction against his wife? >> well here's the thing. there may be a enough evidence against her. there may not be enough evidence against her but the defense's problem is that it is such a heinous and vile act, it is uncomfortable. they will look at pictures and hear the story and jury will sit there and say i'm not giving her the benefit of the doubt. i know that is the legal standard. i will not give her reasonable doubt. she will have so show me something why i find her not guilty of murder. that will not happen in this case. the case is so brutal and the jury will disbusted with her and the jury will come back with a murder conviction and after the fact conviction. jon: the theory he talked to the

television so he can avoid talking to during the trial. is that a plausible possibility? i mean his words to the tv station can be used as evidence, right? >> generally, no. that will probably be kept out of amanda hay's trial. if we can't cross-examine him those words should not come in. that is a self-serving statement on his part. jon: well, it's a strange and like i said. >> ugly. jon: twisted case. jonna spilbor, phil snyder. we'll keep an eye on it and let you know what the jury decides on this one. thank you. >> thank you. patti ann: a gas tanker rolls over and burns up in flames on the highway. police and fire crews on the scene as flames of black smoke shoot up into the air. we have an update. tackling security and weather concerns before this weekend's super bowl. what new jersey police are doing. we have exclusive look behind the scenes in a live report coming up next.

jon: new next hour, she hasn't said she's running yet and the presidential election is more than two years away but

democrats are busy laying the groundwork for a hillary clinton campaign in iowa. is this super early start a good thing? targeting al qaeda in a terror hotbed. we're live with the latest on the deadly u.s. missile strike in somalia. warnings from the fbi for retailers across the country. why there could be more cyber attacks like the one that hit target during the busy holiday shopping season. patti ann: a massive traffic tie-up in fall river, massachusetts. a tanker truck caught fire on route 24. that truck was transporting gasoline when it rolled over and burst into flames. fire and black smoke shooting into the air. police shut down all lanes of the highway and diverted traffic around the accident. the tanker truck driver was rushed to the hospital. so far no word on his condition. jon: well county down to the super bowl. the big game just six days away now. security and the weather both big concerns and we just got an

exclusive behind-the-scenes look at the secret public safety command post set up by new jersey state police. rick leventhal live from metlife stadium in east rutherford, new jersey where they will play that game. rick? >> reporter: and, jon, it won't be just the coldest super bowl in history. it will be also the most secure. metlife stadium already locked down. you can't get within 300 feet of the front doors without the proper credentials. part of an overall security plan that has been worked on for three years. while 80,000 fans are enjoying super bowl xlviii inside metlife stadium, thousands of police and federal agents will watch everything but the game, prepared for an an exhaustive list of emergencies and worst case scenarios, including fire, shootings and terror attacks. and your biggest fear? >> disruption of the event. the same fear i think most americans live with every day in a post-9/11 era, that something can happen. >> reporter: the new jersey state police is in charge of

super bowl security working with more than 100 other state and local federal agencies, facing unique challenges for this year's event. at least 40% of ticketholders will ride buses and trains toot stadiums. so riders will have to be carefully screened for bombs and weapons before they board. metlife is located near water in the meadowlands. police will put patrol boats in the marshes. mindful they are a few miles from new york city, the most popular terrorist target in america. the security web includes a temporary command post built near the stadium. fox news was given exclusive tour of the facility where sisters and agents divided into subcommittees will monitor road and radiation levels to monitor feeds. >> they're focused on the security mission. we're not cocky but we're certainly confident. so i don't think there is a jitters. we just want to make sure we have everything prepared and i think we're pretty set.

>> reporter: and police will have to dress warm, jon. the temperature already plummeting. supposed to hit single digits overnight tonight and tomorrow. one of the big concerns police have isn't necessarily weather on super bowl sunday for fans going into the stadium. rain and snow predicted. it is people leaving early in a max he can sew does if the weather is bad and the game turns out to be a blowout. jon: rick leventhal, what a story. rick, thank you. patti ann: a woman spends two years traveling the world only to vanish here in the states. her husband is leading the charge to find her. we'll have the latest on the search for leanne bearden. smelling sickness? the doctor is in with a break-through how certain illnesses can be detected by scent. bulldog: oh boy!

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jon: right now the search is on for a missing colorado woman. leanne bearden recently returned from a trip around the world with her husband only to vanish here in the states. she was last seen 10 days ago, taking a walk near her in-law's home in texas. police scoured the area near san antonio. they say she took her wallet with her and they do not suspect foul play. the couple was already planning their next trip. bearden's husband says he will never stop searching for his wife. patti ann: ground-breaking new research on detecting sickness a new study suggests that we can smell illness in someone's immune system is highly active. researchers say the change in odor is detectable within hours of infection. we have a dr. devi, assistant professor of anesthesiology from nyu school of medicine.

thanks for joining us. >> thank you. patti ann: this is strange one. sweaty t-shirts were given to smell. half came from healthy people and half were injected with toxins that ramped up the immune system. they were able to identify which shirts came from healthy subjects and which ones were with toxins. what practical implications does that have? >> well it has a couple. so for example, if you can smell that someone is sick around you, you might be able to protect yourself if there is an infectious disease. we say that sometimes with pregnant people for example. they have a heightened sense of smell and there is some evidence that might help them protect themselves and the fetus from illnesses or toxic substances. patti ann: they might not realize, their instincts are telling them that the person i'm talking to is unhealthy. they may not realize perhaps it's a smell? just a feeling they get, that they should avoid this person. >> yes. we don't want to make the person completely isolated. if we harness this further, the

person who has that changed odor might get treatment as well and see the doctor where other tools can be used. patti ann: yeah. >> that could be really helpful. we've seen this a little bit with dogs and trained dogs and other studies have been able to sense someone has cancer whether lung cancer or breast cancer. these technologies can be developed a little bit more so people get better access to treatment. patti ann: right. with the animals you don't have the etiquette involved though. with humans, is it that they can maybe detect their own scent has changed or are they supposed to notice that their friend has a sort of a funky odor and say to your friend you might be sick? could get a little awkward. >> i think it's a little bit of both. even in the past with diabetes this is how the diagnosis was made before we developed all the new tests. >> right. >> what happened, people had this funny smell like a sweet odor or something along those lines. people would do urine and drug tests, not drug tests, but taste

tests. that is stopped now but that is way they used to diagnose diabetes in the past. it was based on smell and taste. patti ann: they were in this study smelling sweat but apparently breath is big indicator. diabetics can sometimes have a rotten apple smell. that could alert a doctor we should be testing for diabetes, that type of thing? >> of course. there are other things with wounds or scratches and other injuries. you can tell if there is funky smell coming from might be related to bacteria or viruses. blood congealing may give off a smell. there are ways we can detect people that are sick. if you've had the flu or bad viral illness they can smell a bit funny. these are things we observed but haven't thought about. what is great about this study we look at these things we may have done before and formalizing it. they're trying to figure out how to use this so we detect illness sooner and maybe diagnose people with certain conditions they

might not have gotten diagnoses before until they reached later stages. >> to get them treated sooner. you have to be tuned into the scent. in this study they were told to focus on smell after t-shirt. what we're walking around we don't necessarily have that heightened sensitivity but maybe we should. >> that's true. patti ann: dr. deaf very, thank you so much. >> thank for having me. jon: a head start for hillary. ion though she not declared she is actually running, thousands of supporters who want her to be the next president are already laying the ground work for a campaign in iowa. we'll go in depth on that. plus the hack attack at target where millions of credit and debit cards were compromised might just be the tip of the iceberg. new fbi warnings for stores across the country. that's next. it says here that a won's sex drive

increases at the age of 80. helps reduce the risk of heart disse. keep hrt-healthy. live long. eat the 100% goodness of post shreddedheat. doctorrecommend it. patti ann: new developments in the top stories and breaking news this hour. jon: president obama vows to take action and not wait for

congress. what the president plans to say in his state of the union address tomorrow night. also reaction to a veteran journalists' claim this is the most secretive white house she's ever covered. dangerous cold hitting much of the country yet again. how long will it last? a live report just ahead. and when you swipe your credit card, who else is getting your information? more retailers are finding themselves at risk. it's all "happening now." less than 48 hours before president bam bap's state of the union address. we're hearing mr. bam bam -- mr. obama plans to talk about a power play. patti ann: white house advisers say the president will push for changes on immigration and the economy and bypass economy if they don't go his way, using executive orders to implement his agenda on his own. senior white house adviser is

speaking on fox news sunday. >> the republican congress is not going to rubber stamp the president's agenda. the president is not going to sign the republicans' agenda. find areas to work together. start by extending unemployment benefits for 1.6 million americans, pass the farm bill, array of things we can do together. nobody is going to get everything they want. we can do that. all the president will say to the country, he's not going to wait. he has a pen and he has a phone. use going to use those to move the ball forward to create opportunity. patti ann: ed henry is live at the white house with more. the president did not do what he said in last year's state of the union. what's this year? >> you're right. he talked about raising the minimum wam, getting more infrastructure spending, immigration reform, talked about gun control, got virtually none of that in the last year. that's why dan is talking about more executive action going

around congress, the president acting unilaterally. look at the latest poll number from the washington news, "the washington post" poll. how much confidence do you have in him to make the right decisions for the country's future? only 37% say a good deal, good amount. 673% saying some confidence or no confidence. that's why the president is on defense as he goes into the state of the union address here, going deeper into a second term though they're still hopeful when you talk to jay carney and other officials, they'll get congress to work with him on other matters. >> we're optimistic that 2014 will be the year that congress delivers to the president's desk a bipartisan, comprehensive immigration reform bill that he can sign into law. >> the problem is, as we have known and the president talked about in last year's state of the union address, go to the

2008 campaign, president promised he would get immigration reform done by the end of the first year in office. that's clearly not happened. patti ann: republicans say they have been willing to work with the president but that the white house hasn't taken them up. which is it here? >> well, there's been finger pointing throughout the president's i'm in office about who is to blame for the lack of action on a lot of these issues. senate republican leader said on fox news sunday, though, is that he believes there are areas of action where they could actually come together but there are issues that the president doesn't want to work with the g.o.p. leaders on. take a listen. >> i think it's time to go in a different direction and there's some job creating steps he could take right now. he could approve the keystone pipeline. he could work with us on trade agreements, that party is much more interested in global trade than the democrats are, if he would convince his own members, we can do some business on trade. and he ought to stop things like the war on coal.

>> now, the biggest pressure on the president tomorrow night in the state of the union is simply the clock. the fact of the matter is he has a very narrow window the next few months to get something done before the summer and fall when lawmakers and both parties will be focused on midterm elections and after that he's more and more likely to become a lame duck. tomorrow night he'll talk about executive action. time is running out for him in office. patti ann: thanks. jon: we are still months away from the midterm elections with both parties already battling over who will control congress come next year. a new report from the "new york times" predicts that the government will remain divided after the november elections. right now democrats hold a slim majority in the senate. republicans would need to pick up at least six seats to take control there. but the "new york times" predicts democrats will narrowly keep the senate, although lose some seats in the white house. republicans control the house

and the times believes the g.o.p. will maintain control there. another vacancy opening up just today after florida congressman trey radel's spokesman says he will resign after having pled guilty to drug possession charges. let's bring in bret baier, the anchor of special report so the times is projecting, admittedly we're a long way away from november but the times is projecting that the things will stay as they are now. mr. obama is in the white house for two more years. both parties are working overtime to try to change the configuration. >> yeah. two of those predictions are pretty concrete in that house republicans are expected to retain control of the house. it's not in any of the projections you look at across the board believe that the republicans will lose control of the house. just because so many of these different areas are strong for incumbents and there probably

will be a handfulful seats that change hands in the house, either democrat or republican but not control. the president obviously has another two years after november but the u.s. senate is still up for grabs and a lot of people here in washington believe that six senate seats, if the republicans don't change their road map or something big doesn't happen between now and november are possible just looking at the polling in each one of these states, it's very possible that republicans could pick up those six seats and take control of the u.s. senate. jon: there are seven seats democrats are defending or losing members that is retiring. seven states that mitt romney won the last time around, right? >> yeah. and that's put the pressure on these red state democrats. louisiana, arkansas, alaska, there are a number of them that

are in this position, they're defending the president's health care law, they're defending a lot of the administration policies that maybe don't track with those specific states in how they line up in the polls. so those are tough races for those democrats and races that the republicans are kind of licking their chops over. jon: and they all would have voted for obamacare obviously in the senate. is that going to be the issue come november? >> for republicans right now, that seems like their refrain. obamacare, obamacare, obamacare. it seems like it is going to be something they continue to hit. they think that it is vert i will ground for them. it will be interesting to see how much the president talks about his health care law, what they describe as the signature legislative achievement for this white house in the state of the union address tomorrow night. just on the early list of guests in the first lady's box there in the chamber, there's not one yet

who we've seen touting the health care law and that stands out. jon: also a fascinating report about hillary clinton's prospects. in iowa there's been a huge ground swell of support. former obama campaign workers and others have been pushing for a presidential run for hillary clinton. in fact, they're already organizing for the iowa caucuses. she came in third in iowa back in 2008. the super pac ready for hillary already pushing for her to win iowa next time. is that an inevitable clinton candidacy? is that inevitable now? >> well, more and more people you talk to in the clintons' circle believe that she is going to run. definitively. obviously publicly she's not said that and there's no indication that's going to come any time soon but you're right, that this effort on the ground in iowa is pretty unprecedented.

if you talk to people there, how organized it is and you have the priorities for action, the group that was with obama when he was running and supporting them with med a campaign and social media, that's aligned itself with hillary clinton ahead of any announcement that the candidacy is imminent. so i think there will be a machine in place should she choose to run. jon: so the president's former campaign apparatus is supporting hillary clinton. what does that say to joe biden? >> he may have a tough road ahead if he chooses to get in this race. jon: interesting. bret baier, thank you. you can catch bret tonight 6:00 p.m. eastern, all of today's political news on "special report." thanks. patti ann: right now the u.s. condemning a decision by the afghan government to release a group of dangerous prisoners. authorities in kabul ordering the first 37 of 88 prisoners to

be freed. according to the u.s. military, many of the prisoners have blood on their hands, including that of u.s. forces. and they still pose a danger. and in another hot spot overseas, u.s. military launching a drone strike targeting a suspected terrorist in a remote area of somalia. u.s. intelligence now saying the militant is a key leader of the terror group al-shabaab. here is the story. hi, jennifer. >> hi. u.s. military sources will confirm the target was an al-shabaab leader. missile strike took place in southern somalia, not far from where the u.s. navy seals attempted to capture a leader of al-shabaab in october. that individual was not the target of this strike, we're told. this time it was a u.s. drone that fired the missile. u.s. defense officials say they had help from u.s. and somalian

intelligence agencies. the target was a vehicle carrying a logical leader who had ties to al qaeda. i'm told two people are thought to have been killed in the strike. u.s. officials are not confirming the identity of the target. they're still conducting bomb damage assessment. i'm told to expect more high valley target hits in the region in the near future. the al qaeda affiliate shab shab has been launching attacks. earlier this month, for the first time since the mid 1990's, the u.s. sent a handful of conventional, uniformed military advisers. they are the first u.s. troops to be based in somalia since u.s. forces pulled out after black hawk down back in the 1990's. patti ann: thank you. jon: some extreme drought conditions out west prompting the federal government to take unprecedented action. we'll tell you what they're up to next. and a controversial new policy in australia aimed at stopping a

rash of deadly shark attacks.

patti ann: a severe drought is plaguing much of the west, creating bone dry conditions and dangerous shrinking water levels. here you can see the huge area troubled by the extreme doubt conditions. california entering the third year of drought. much of the west has been abnormally dry more than a decade. these threatening conditions have prompted a dramatic move by the federal government. something it has never done before. here are details for us. >> hi. yes. the governor of colorado recently described the drought situation in the west as a clear and present danger. seven states rely on the

colorado river for their water supply. the amount of water is slowed from the lake powell reservoir, which is fed by the colorado, to the lake mead reservoir. lake mead is where most of the people from las vegas get their water. that's part of a plan drawn up by the feds attempting to figure out a solution to the record low colorado river. major metropolitan centers like los angeles, phoenix and denver are facing the very real possibility of demand outstripping supply unless the rocky mountains get a lot more snow for a very long time. and if need gets too low, water managers say rationing is next. >> the future of the west is a realization that we don't have as much water as we thought we had in the 20th century and everybody from municipalities to industrial users to agricultural users are going to have to use water more efficiently and we're

all going to have to learn to get by with less. >> a 2012 federal report warns the colorado may not be able to keep up or meet the demands of the states depending on it by 2060 but that hasn't stopped proposals for new reservoirs and fights to block them. >> there are certain places where new reservoirs probably make sense. but in general, you know, if you're running out of clothes, building new closets doesn't help. >> now, lately we've been seeing all of these images of all of this winter weather but for the folks out west, it's not hitting where it's needed which is the rocky mountains, which feeds the colorado river, and ultimately ends up in our homes and businesses out here. patti ann: thank you. jon: to the ocean off australia now and a big controversy down under. the government killing its first shark there as part of an official program to go reduce attacks on swimmers and surfers.

the targets are sharks at least 10 feet long, including the gret white which previously was a protected species there. officials point to the dangers of sharks saying seven people have been killed in three years but the programming sparking protests from conservation groups and environmentalists. thousands of people who oppose the shash program have demonstrated on the beaches there. patti ann: the danger of shopping in the digital aid. target not the only retailer hit by hackers. shoppers can do to keep their information safe? we'll talk to an expert and some good samaritans spring into action. a dog trapped for hours in an icy river. we'll have the big rescue next. okay, listen up! i'm re-workin' the menu. mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®.

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patti ann: a consumer alert over the growing threat of hackers stealing credit and debit card information from retailers. target, of course, became the most visible example over the christmas shopping season. the company learned hackers accessed data in mid december. about 40 million target credit and debit cards were compromised. data included customer names, addresses and phone numbers. neiman marcus learned that malicious software got into his system last year and that affected over 2400 cards. joining us now is the chief information officer for the bush administration. thank you for joining us. >> thanks for having me. patti ann: last week the f.b.i. reportedly sent retailers a three page report warning of so-called memory piercing malware that affects checkout registers at the point of sale.

the f.b.i. said, we believe p.o.s.malware crime will continue to grow. the accessibility and affordability of the software and the huge profits to be made make this cyber crime attractive to a wide range of actors so what can retailers do? >> well, you're absolutely right. this warning was a great warning that needed to come out and what retailers can do is change the conversation. what they need to realize is we're going to be hacked. people know that there's an unprecedented amount of data being stored at the retailers and that's a very attractive target for cyber criminals so we need to change the discussion and talk about how much data are we going to store? how long and how do we protect it? patti ann: the f.b.i. warning mentions that the criminals have special software to detect and thwart these corporate security measures that all of these retailers are putting into place

so there's only so much the retailer can do so putting the retailer aside, what can the consumer do to protect their own information? >> there are some things that consumers can do and they're actually non tech-y. one of the things a consumer can do is get a separate email address they hand out to retailers and so in the event the retailers' information is hacked because they're not just after credit card information, they're also after your email addresses, payment history, your shopping transactions and that way if that email address is compromised, they can't take over your bank account, your social media accounts. so that's step number one. get that separate email address. patti ann: that's good advice. there were 20 hacking cases last year similar to the high profile target and neiman marcus ones but the retail stores, they save now a lot of information about your purchasing history and they analyze it so that they can

decide what coupons to send you. sometimes they're doing it for positive reasons but how specifically can a customer -- you're saying we have to take control and have a conversation with the retailer but realistically how does an individual stop a store from profiling them? >> and you're right about this because as a matter of fact, target hired scientists to help them get different lifestyle changes and behaviors and one particular case, they asked the scientist, can we predict a woman is pregnant before she tells us and they did and they sent coupons to a woman's home before she knew she was pregnant. there's a couple of things you can do to protect yourself from -- and again, that's the happy balance about, well, i want value added services. i want coupons but at the same time, i want a little bit of privacy, too. so there's that separate email address. the other thing is you can think about past transactions and you don't always have to give your zip code and telephone number when they ask for it at the

point of sale. and so those can be different ways to separate those different buying behaviors and transactions. patti ann: it's ironic. you're saying go back to using cash. you know, credit cards were considered safer than walking around with cash in your pocket and also people were avoiding the internet saying that some people thought it was safer to go to the store but these hacking incidents happened at actual physical stores so is the internet safer or cash safer? what's the safest way to shop? >> i think the thing, again, we have to walk away with is cyber criminals go where the action is so if they think that people are going to be in the stores, especially at the holidays, that's where they're going to go. if they think sort of the non holiday period is the action is going to be on the internet, that's where they'll be as well. and so you don't want to give up the convenience of shopping. we want everybody to be able to feel like they don't have to look over their shoulder every time they make a purchase so that's where just taking

precautions, asking questions, having the separate email addresses and monitoring them so for example, if you have an email address you only gave to your bank and suddenly you're getting spam, that's a great indication that email address has been compromised and you need to throw it away and get a new one. and then some other things that you can be thinking about as well is the free credit reports and filing for those. patti ann: all right. thank you so much. >> thank you. jon: north korea issuing more warnings than taking action, creating a difficult diplomatic solution for the u.s. and our allies. we'll break down the situation coming up. and frigid cold like we haven't seen in decades as folks in north dakota find out what wind chills of 60 below zero feel like. plus a dangerous condition for travellers. janice dean will have the latest on the deep freeze. it's the little things in life that make me smile.

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patti ann: north korea warning of ominous outcomes if the united states and south korea carry out military drills scheduled for february and march on the korean peninsula. a grim followup possibly to the

execution of the north korean leader's uncle. he reportedly ordered the death of most of his uncle's family as well as some children. he was put to death after he was threatening to overthrow the communist regime. with more for who all this means, we have the author of "nuclear showdown, north korea takes on the world." thank you for being with us. >> thank you. patti ann: so north korean is demanding a halt of the joint military drills. the ambassador held a rare press conference at the united nations on friday saying these exercises could get out of control and plunge us into unimaginable disaster. what should the u.s. make of that warning? >> what the north koreans are trying to do is set the stage for a series of propagations. they're saying the joint military exercises, which are purely defensive in nation, threaten north korea. what we're probably going to see

is a fourth nuclear detonation, perhaps the launch of another ballistic missile, maybe even attacks against south korea so all of these things are probably going to occur like they did last year when we saw one right after the other. day after day. patti ann: so what should the u.s. response be to these moves and are sanctions effective at all? >> well, the first thing we should do is make sure the military exercises, which will start next month will go forward. that shows the resolve that north korea, that south korea and the united states will defend the peninsula. you know, in terms of sanctions, we do have some pretty strict straingzs -- sanctions on the north but they could be be tougher. i think we need to toughen them. this joint industrial zone, we need to toughen the sanction on goods coming out of there. that really does materially help the regime in the north build nuclear weapons and long range missiles. patti ann: moving on to what we mentioned in the introduction,

that already the leader ordered the execution of his uncle and the followup to that, we're hearing this grim news that just came out late yesterday, has not been confirmed that the rest of his entire family, other relatives including children have also been killed. what signal does that send about what is going on over there right now? >> i think it shows that the regime is tearing itself apart. you know, the uncle executed in december, there were a number of people executed when he was in power. this is revenge. this regime generally is pretty stable because the people in north korea are so destitute that they don't have the ability to protest it. when you have senior figures clawing each other, you could have instability of north korea and that could have enormous consequences because they have wmd's, the missiles, the nukes,

the chem weapons and the biologicals and we doen know who is going to control this stuff if the regime splits apart. patti ann: it does seem they're heading down the path of instability right now. what does the international community other than the sanctions we already mentioned, you know, he gave the speech to the united nations, the ambassador. what can the united nations do? what can they do here? >> we can't do very much. we were just sort of watching. we have to show the north koreans we have resolve and that goes back to making sure the military exercises go forward. the other thing is we have relied on china the last decade and a half to sort of reign in the north koreans. we b with the attack, the chinese had less than zero influence. we need to start look to ourselves to scrap solutions on the korean peninsula. north koreans may hate us but they like us better than the chinese because there's been a lot of historical anonymity between north korea and china.

patti ann: thanks as always. >> thank you. jon: extreme weather alert now as more arctic air blasts the country bringing dangerous wind chills from the midwest to northeast. in north dakota, wind chill will be dropping to 60 degrees below zero. that creates life threatening conditions. wind gusts up to 60 miles an hour kicked up snow in some places causing so many accidents yesterday morning, the state issued a no travel advisory for the afternoon. wintry weather creating pileup conditions. several people were taken to the hospital but no reports of serious injury. sub zero temperatures and wind chills expected to sink to 45 degrees below zero causing hundreds of school closures across the state of illinois. janice dean is in our extreme weather center. she has the latest for us and you are a very busy forecaster.

>> i am and if we could go to weather nine and i'll show you where the cold air is, i apologize. we had to switch sources but this will show you where we have the arctic air plunging southward. you can see the maps right now. from canada south forward across the ohio valley, down to the deep south where it's 10 in kansas city, fine us two in chicago, minus 13 but you mentioned the wind chill. right now in international falls, feels like minus 37 but that will continue to drop. minus 45 degrees. it's certainly going to feel like that in international falls as we head into tuesday. minus 39 is what it feels like in green bay. the dangerous cold is as far south as the deep south. wind chill warnings in effect with wind chills up to minus 50. very dangerous. that's why these schools are

closed for these areas and because that arctic air is plunging as far south as the deep south, look at where we're going to see wintry precipitation, from houston, texas to new or leaps, down into charleston, even atlanta, georgia could see measurable snow all the way to the carolinas. this is significant. it could be historic. we could see snowfall totals in excess of six inches plus for parts of the carolinas. that is how cold it's going to be and that's how much snow we cobbly could see over the next couple of days. winter weather advisories again for houston through new orleans all the way to atlanta, georgia and charleston and norfolk. this is going to be a pretty intense winter storm system that could be crippling for these areas and again, the temperatures are going to set records across these regions so jon and patty ann, we'll be monitoring this from the fox news weather center. jon: we'll keep an eye on it. thank you. patti ann: a series of massive

avalanches cutting off a small town in alaska. snow up to 45 feet deep is blocking the only road out of town, backing up a river and threatening to unleash dangerous flash floods. the city of valdiz remains shut off while crews work to remove the debris. it is slow going. with unstable conditions threatening new snow slides. jon: the weather may be freezing cold but some good samaritans' hearts are still warm. two people rescuing a dog stranded for three hours in the ice wri delaware river. kayak and a blanket they used to get to the dog and bring it safely back to shore. patti ann: the white house hitting back over charges the administration is one of the most secretive ever. our media panel debates the war of words. not sure who will win the super bowl? you might want to ask these manatees. their past predictions have been right six years in a row.

we'll tell you who they're picking this time. jon: denver. ♪ driving rock music

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we are thinkers. the job jugglers. the up all-nhts. and the ones who turn ideas into action. we've made our passions our life's work. we strive for the moments where we can s, "i did it!" ♪ we are entrepreneurs who started it all... with a signature. legalzoom has helped start over 1 million businesses, turning dreamers into business owners. and we're here to help start yours. >> the more open we are, the more inviting government becomes for ordinary people. that's how we're going to hold me accountable. i want people to keep challenging me and pressing me and i want to create a white house that is more transparent and accountable than any government we've seen before.

jon: that was president obama back in 2009 promising the most transparent white house in history. fast forward to today and the bloom seem to be off the rose. i would say it is the most secretive white house that i've ever been involved in covering and that includes, i spent 22 years of my career in washington and covered presidents from president reagan on up through now. and i was watching bureau chief at the time during bush's first term. i dealt with the bush white house when they were concerned about the stories we were about to run put them under national threat. the obama administration has had seven criminal leak investigations. that is more than twice the number of any previous administration in our history. it's on a scale never seen before. this is the most secretive white

house that at least as a journalist, i've ever dealt with. now administration is pushing back. jay carney, who used to be a journalist, saying those claims are dead wrong. >> jay carney reporter would never have been satisfied with the amount of information that any white house or any congressional -- >> so jay carney would fight with jay carney. >> what i would tell you that you and your colleagues have to be beating on us and others around washington to get as much information as you can. i strongly disagree with the statement, i know from experience it's wrong and we provide an extraordinary amount of information to reporters and we work every day to provide more. jon: joining us is alan colmes, host of the alan colmes show and author of thank the liberals for america and jim pinkerton is also with us, both fox news contributors.

alan, what do you think about the assertion this is the most secretive white house in history? >> that would be richard nixon but i think -- i noticed jill ab ram son didn't work the nixon white house but they've not been as forward as they would like to be. we have the n.s.a., thanks to edward snowden, we know about the level of spying going on. we saw what happened with our own reporter, james rosen. i would have to agree. but that's always the conflict between the press and the white house. jay carney reported if he were the reporter, he would have the same attitude the press has about this current white house. jon: but because president obama and candidate obama were both so explicit about how open he was going to be, doesn't it only, you know, feed distrust in government when the candidates and even the president himself in 2009 promised something that doesn't get delivered? >> right. you mean when the president issued a directive on his first

day of office saying i want to have a push toward disclosure. look. jail ab ramson doesn't come back to this administration but schieffer says and he said this is the most secretive white house ever. jill's colleague said the same thing and lynn downey, former executive editor of "the washington post" wrote a piece about all of this. there's 14 transparency promises made in the course of the 2008 campaign and they've kept four. now compromised five and broken five. of course, where i come from, compromise, a promise is the same as breaking a promise. if you say it that way, that's nine broken promises and five kept promises. jon: some have suggested this is from underlings, that it's not a tone set by the president. john asked that question of jill

abramson of "the new york times." he said do you think this comes directly from the president? she answers, i would think that it would have to. i don't know that but certainly enough attention has been focused on this issue that if he departed from the policies of his government, i think we would know that at this point. what about that? >> yeah. it is a very secret administration. they don't like leaks. they put a zero tolerance policy toward leaks but again, this is nothing unusual and i would have to disagree with bob schieffer if he thinks the nixon administration was more open than the obama administration. he was resigned over being impeached over watergate. i wish conservatives would be as open in their desire to have trans parent si. millions of dollars that the koch brothers are raising to go after obamacare and environmental regulations, if i could just finish, if you want to have transparency, yes, but

these are policy issues they are secretly going to attack so let's have transparency on both parts, on the administration parts and who the donors are that go after what the administration does. >> listen. transparency also could be applied to david brock and all the rest of them. we could have more transparency but the issue at hand is the president. we didn't vote for the koch brothers. we voted for obama and he said he would be transparent and we're not. >> i just want the same standard on both sides. jon: we'll have to leave it there and get you back for another discussion. thank you both. patti ann: historic gathering in a place synonymous with evil. who is visiting ausowich and why. hey, the new guy is loaded with protein!

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jon: a fox news alert. new york police and emergency responders are on route to the scene of an explosion in a building on lexington avenue in manhattan between 26th and 27th street. you can see the wnyw chopper on the way there as well. this is a few miles south of low are manhattan in the general viz int of madison square park. they're sending the bomb squad as well which may tell you something about the source of this explosion, suggesting that it's maybe not accidental but this is in the early stages. no reports yet of any injuries. when we get more information about precisely what exploded in a building at 26th street and lexington avenue, roughly, in lower manhattan, when we get that information we'll bring it to you live. patti ann: right now, a historic moment on holocaust day.

a special session is held at auschwitz to mark 69 years since the liberation of the concentration camp. amy kellogg is live in london with more for us now. >> hi. when it comes to the horror that was the holocaust, the phrase is always never forget and that becomes all the more poignant as we approach a point in history when there will no longer be survivors who we can honor and who can share first hand accounts of life in the nazi death camps. today there was the biggest group ever going to visit the twin camps of auschwitz. over half of the law making body was there along with 200 others. six million jews died in the holocaust, over one million at auschwitz. european and u.s. delegations joined the israelis and the survivors in the show of solidarity. mike huckabee among them. here he is with eric cantor.

>> 69 years ago this place was liberated, congressman. when you came here today, tell me the impact that it had on you. >> governor, it's almost without words that i stand here. you know, i think i've now been to the worst place on earth and there's so many unanswered questions when you look at where we are and the enormity of the evil that took place here. >> this year will be full of memorials because it is the 70th anniversary. it's d-day this morning, the occupation of normandy and it was january 27, the 70th anniversary of the liberation of auschwitz, when the 7,000 survivors were finally freed. patti ann: amy kellogg live in london, thank you. jon: so are terror threats to the upcoming winter olympics serious enough to cancel the games? in the next hour, our security expert will address concerns

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a fox news alert. reports that a package exploded in the lobby of a residential building in lower manhattan between 26th and 27th. and lexington avenue is closed that will cause traffic tie ups. no reports of injuries. we are trying to find out more about what is precisely going on. now they are saying it was not an explosion at all but a fire cracker that a doorman somehow set off. no explosion but a fire cracker in a package that a doorman opened in a building in lower manhattan. apparently no serious injuries. the fire department and the police are dealing with.

it but still probably illegal sending fire crackers through the mail or whatever. >> yeah. nwe'll continue to keep an eye on that. thanks for joining us. patty ann great to have you here. fox news alert. a maryland mall will reopen this hour for the first time since the deadly shooting over the weekend as police continue to search for a motive. i am alisyn camerota. >> and i am bill hemmer. the security is extra tight. the gunman killed two people working in a skateboard shop before taking his own life. he had a shotgun and plenty of ammunition and a back pack filled with homemade explosives. why is a mystery three days later. doug is back in maryland for us today. doug? >> reporter: that's right. the mall is getting ready to open at this moment for the first time since customers ran ou