defensively. broncos holding a slight edge over the seahawks defensively. so the colors on the building were orange and blue. we're waiting for bill hemmer's prediction. he will continue to boil the numbers. bill: chris christie tweeted that broncos and seahawks did not land in new york. they landed in newark, new jersey. martha: of course they did. thank you, governor christie. we have to run. have a good day. jenna: breaking news and today's top headlines and brand new stories you will see here first. jon: a utah doctor convicted of murdering his wife trying to overturn his conviction and trying to avoid trial on another charge. our panel weighs in on the martin macneil case. a woman takes chances with her life trying to jump on a moving train. this drug could stop cancer in its trackses. it is all happening now.

jon: we begin with a new hearing on obamacare. hello to you, i'm jon scott. jenna: hope you're off to a great day, i'm jenna lee. let's go straight to capitol hill. as lawmakers await the president's state of the union address as he outlines plans for the year ahead but botched obamacare rollout is still doing the white house and moments ago congressman darrell issa brought up security concerns with the website as he chaired a hearing in the house government oversight and reform committee. take a listen. >> to err on the side of the assumption that the administration continues to lie about the site being safe and secure. we can find no other basis but to assume that they were lying about the vulnerabilities on the day they went live on october 1st, and that they are still lying. i don't use the word lie without real forethought. you can to the continue to tell people there is no problem,

there was a problem on october 1st. you can not tell people they have been mitigated and then tell them but don't release the documents because it is a pathway for hackers. i will assume that the truth is the site was vulnerable on launch date, they went ahead with known vulnerabilities and think continue to have unknown areas that could cause information to be made available outside of those having a right to. we can take no other assumptions. jenna: lawmakers will also hear from the chief information officer from the health and human services committee today. so continues to be a big topic. jon? jon: there is brand new polling, jenna, ahead of tonight's state of the union address signaling trouble for the president as "the wall street journal" nbc poll echoes our own fox polls, finding that more than half of americans surveyed disapprove of the president's job performance. with nearly six in 10 saying they are uncertain, worried or pessimistic about the remainder of his presidency, leaving

"the wall street journal" to write, quote, since the rise moved earn polling in the 1930s only george w. bush begun its sixth year in the white house on rockier ground than mr. obama. joining us, ellison basher, a writer at the "washington free beacon." george w. bush was so unpopular because the country was embroiled in two wars by the time his sixth year in office began. the iraq war ended. the afghan war is winding down. president obama should be acue crewing some of the benefits for that and still poll numbers are pretty low for him. >> in theory it makes sense people are pessimistic. if you look at polls the issue people care about the issue is the economy. no matter how the white house tries to spin it we have 6.7% unemployment. since the recession where americans lost $14.7 trillion in wealth they only gained half of

that. a poll put out in may said americans only regained 45% of the wealth they lost in the recession. so they don't have spending power to boost up the economy. white house spins we gained this many jobs this month and tiny little gain you have a big gap how people have been doing under this president. that is why you see people being pessimistic. jon: with the economy the big worry the president is talking about income inequality for instance and trying to raise the minimum wage. >> that is a small cover. that is really not, for this morning one of the things he put out was an executive order to race the minimum wage to 10:10. jon: federal judge that is that does not create oring increase jobs. the fact that people are worried about we don't have any jobs and that doesn't do anything to address the problem we think about. jon: that is very tiny percentage of the workforce. the number of people involved in federal projects earning minimum wage would be fairly small.

maybe a guy mixing some junior associate mixing cement on highway project. >> it's a small percentage and make a way that the public thinks you're doing something and hopefully bolsters low poll there is issue so much of what he is planning laying out in the state of the union has to do with executive orders. that you will see a lot of criticism and pushback from the republicans. jon: even 6.7% unemployment rate that you were talking about that number isn't real. last time around you had five times as many people leaving the workforce because apparently they can not find jobs as you had people get jobs. so that takes down the labor force participation rate. you get a better unemployment number because of it. >> right. not to mention how many people within the employment number are underemployed. there is while lot of different reasons that is not a good indicator of economic strength. i point back to the wealth gains since the recession. that is where you see people putting money back into the economy and having spending power to boost up the economy.

we haven't had success in that area. jon: the white house numbers are pretty low. congress's numbers are even lower. if the two would work together to actually get something done you might see both of their numbers improve. >> you would. that is the problem with the president saying his plan is going to be issue executive orders. that is violating the take care clause, interestingly that is also the clause that lines out each year the president should give state of the union address before congress. i sort of think of that friendly reminder that speech is not supposed to be something enacting legislation. your role is to enforce it. you see more problems with that. that will create a stronger rift between the republicans and president. jon: framers the constitution didn't want a king. they didn't want one person deciding what the law of the land should be. that is why we have a congress. >> premise the administration tend to operate on they point to the house, that is why we're not able to get things done and they're stonewalling it. we were elected by people. we're trying to implement the people they want. people in the house stonewalling

them were also elected by people so they're carrying out things their constituents wanted as well. there is very interesting premise the administration operates on to blame congress for what is not packed through. those are people trying to do the exact same thing they are doing. jon: trying to represent constituents. ellison barber, "washington free beacon." >> thank you so much. jon: gin that? jenna: dangerously cold temperatures bringing cities in minnesota, illinois, indiana to a standstill. in chicago the high is expected to be minus 2 degrees today. schools are closed, flights are canceled. many businesses are simply shutting their doors. garrett tenney is live in chicago with more what is happening on the streets there. garrett? >> reporter: we have a cool little experiment we're doing for you. just a minute ago we had this t-shirt we dumped into the pot of water. put it out on put it on the hanger after the live shot after minute 30 second what is this looks like. all across the region, schools are shut down from minnesota all

the way to pittsburgh. here in chicago as well. temperatures, they will be down into the negative 20s, 30s, 40s in the windchill, single digits in the negatives all across the region today. travel is being affected all across iowa. snow with snowdrift and wind covering complete whiteouts much of yesterday. across indiana as well, they're seeing a lot of same type of conditions. the mayor of indianapolis shut down city offices today. airports in chicago, more than 600 flights canceled so far today. the number is expected to continue to go out throughout the rest of the day as numbers continue. in iowa, it is so cold, that in dubuque, the ski resort, some of the best snow in recent winters, they're shut down for the second day just because of the bitter, bitter cold. now the average high today in anchorage, alaska, jenna, is 37 degrees. so a lot of people are thinking,

alaska sounding like a good summer home. university of michigan, they canceled class today for the first time since 1978. university of notre dame as well. schools everywhere. jenna, look at this t-shirt. this is after about two minutes outside. you can hold it right up sideways. stiff as a board. you don't want to have a wet t-shirt out today. jenna: no wet t-shirt contests what the take away from the report is? >> not for me. not for me. jenna: maybe mother time. garrett, thank you very much. interesting experiment for us today. well that storm is threatening to bring snow, ice and subzero temperatures to a part of the country where folks are more familiar with air conditioners and sunscreen. maybe miami, for example, where meteorologist maria molina is from. you're used to that stuff, not necessarily this cold weather. >> even during winter months you typically think of sunshine. maybe short sleeves shirts out here, parts of the gulf coast. that is not the story today. we actually have winter storm

warnings stretching for area as large as 1500 miles. so from eastern texas all the way up to southeastern parts of the state of virginia. you're talking about some form of ice accumulation or even snow accumulation. you can already see that sleet and freezing rain coming down across eastern texas, louisiana, mississippi and southern parts of alabama right you no at the moment. parts of the florida panhandle, including the city of tallahassee under a winter storm warning and ice storm warnings across eastern georgia including the city of savannah and charleston in south carolina. we have ice storm warning of accumulations expected to exceed a quarter of an inch, possibly more than a half of an inch of ice. that will be treacherous for people doing driving. it is recommended that you stay home. i do understand schools have been canceled for many people along parts of the gulf coast. timing on the storm system, it will be around the day today, around afternoon hours, evening hours, overnight.

won't be until tomorrow morning people will look at much quieter weather. extreme earn parts of north carolina could look at snow by tomorrow morning. we're looking there for higher snowfall accumulations. we're talking about possibly over a half a foot of snow. locally some areas could look at a foot of snow. that is not out of the question. take a look at the extended forecast. we're not talking a long period of time. winter weather by saturday, in montgomery, alabama, the high temperatures could be 70 degrees, 69 degrees could be the high. quick warm-up. deal with it for now. keep in mind the weekend looks much better. jenna: nice for a little optimism. >> glass half-full. jenna: maria, thank you very much. jon: some towns will have to borrow snowplows from somebody. they don't have them. maria, thank you. for months president obama has been talking about income inequality as a growing problem for the economy but what inequality about income taxes? we'll compare rhetoric from

washington with reality. new details on a massachusetts teen accused of sexually assaulting and killing his high school teacher. what police officers say he is now admitting.

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jon: right now a look at some crime stories we're following. a missing 19-year-old girl now faces murder charges after she was located in florida. sara mclain is accused of killing her former roommate. her disappearance led to the discovery of his body in the home they shared in kansas. authorities in massachusetts that 15-year-old phillip church admits killing his teacher colleen ritzer in minnesota but denies sexually assaulting her. pretry hearing is set today for convicted killer jody arias

as we hear her legal bills are topping two million dollars, all paid for by air soap taxpayers. arias was found guilty of murdering her boyfriend. prosecutors will pursue the death penalty in a new sentencing trial that begins in march. jenna: the white house is talking about income inequality as a key problem for the u.s. economy and the president may touch on it again tonight in his state of the union address but what about equality when it comes to the taxes you pay? an interesting question. william la jeunesse is live in los angeles with more on this topic. william? >> reporter: jenna, we don't expect to hear too much tonight about the taxes but we will hear about programs to address what the president calls income inequality. and it is true. incomes are not equal but many would argue, neither is the tax code. >> but this increasing inequality and rising inequality, when there is greater i were equality. >> reporter: 26 types in a recent speech president obama

complained about growing inequality in america. the question is what will he do about it. >> we have a tax system that that could be more fair to the middle class, to the middle class. >> reporter: but does a close look at the tax code suggest it's unfair? the top 50%, those with incomes over 35,000, pay 97% of all federal income taxes. the top 10%, earning over 120,000, 68%. while the top 1%, those earning over 38,000, pay 35% of all federal income taxes -- 388. >> for poll push shuns take from the top to give to the bottom the slower economic growth is. >> reporter: this is one reason why the president may focus more on equal opportunity than income, stressing universal preschool, job training and a higher minimum wage. >> it is very popular to say to all of the people, oh, i'm going to give you all the money, steal from these people and give it to you, the robin hood effect and it's a myth. >> reporter: it doesn't mean the president won't take a few

political shots on democrats' behalf. >> hard for me to say that a teacher, mechanic, that they are 200% less or 300% or 400% less important than being a wall street executive or being a corporate ceo. >> reporter: now the president has gone after ceo salaries before saying they make too much but consider this. his friend beyonce make as million dollar for three songs. matt damon got 150 grand per second for a commercial with george clooney, campaign supporter, who make as $20 million a movie while the average actor makes $20 an hour. income inequality may exist with executives and also entertainers, and also who will he use to make his point? that is a question. i will say during the clinton, last two years of the clinton years you had more income inequality than you do today although slightly higher than the 30-year average. jenna: interesting to see what examples he may or may not use

tonight. william, thank you. jon: more trouble in afghanistan to tell you about. the new charges that president hamid karzai is reportedly making against the united states. also a convicted murderer refuses to accept his fate. the claims dr. martin macneil's lawyers are making now. nbc universal's coverage of the 2012 london games

was the most watched television event ever. 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 new concerns about the future of americans in afghanistan as we learn that afghan president hamid karzai is suggesting that the united states might have aided or carried out recent deadly insurgent-style attacks in his country. why? he says the u.s. wants to undermined his authority. karzai, who was confirmed as transitional president in 2002, and formerly elected to a

five-year term in 2004 has frequently lashed out at the u.s. military. now "the washington post" reports he is formalizing his suspicions with a list of attacks he is connecting to our government. just the most recent issue we've had with the afghan leader who has received billions in direct american support. in april 2010, he reportedly threatened in a closed-door meeting to join the taliban. in october 2010, karzai acknowledged acceptinglion a yeh payments from iran. and in october 2011, karzai said afghanistan would support pakistan if a military conflict broke out between pakistan and the united states. jenna: well, some new information in the case of a man trying to overturn a murder conviction for killing his wife. you remember dr. martin macneill. he is the utah doctor found guilty in november of killing his wife michelle. prosecutors say she was drugged and drowned in a bathtub back in 2007 so he could be with another

woman. now his lawyers are asking for his competency to be evaluated before a new trial on sexual abuse allegations. a hearing scheduled on that matter today. if a competency evaluation is granted, it could delay the sex abuse trial along with the sentencing phase of his murder conviction. the sentencing already on hold as his lawyers are asking the judge to grant him a brand new trial. saying a federal inmate lied on the stand when he gave testimony about macneil confessing to the crime. doug burns, a former prosecutor, lis wiehl is a fox news legal analyst. a lot of twists and turns of the let's start at the bottom to work our way back up to the top. he is already convicted of murder. >> sure. jenna: we hear there is an issue. the defense is saying, listen, prosecution, you didn't tell us you were working out a detail to this inmate for possible early release because this inmate says he heard -- >> this goes to bias and happens

every day in federal court where the prosecutors are working with somebody who is an inmate with another person to have an inmate confession and they give them something. they give them something sweet to make sure they come and testify and they say to them though, you have to tell the whole truth and nothing but the truth. but back behind the scenes they will give them something. that will not have any impact on this trial. >> but the issue is not simply whether they're giving him something because lis is 100% right. when you have crop traitor very often they get benefit -- cooperator. jenna: do you assume that or have to be transparent about that. >> you read my mind. the secondary issue the prosecutors have to disclose exactly what they may potentially be giving them. so in other words, if in fact there was an agreement that they didn't disclose, then that could be a problem. >> but this was a written agreement because you said potentially give them a deal. >> right. >> most prosecutors will not put that into writing until the person actually testified. jenna: is it enough for a new trial? >> no. depends what was said and have

to look at trial transcript. isn't it true -- >> it wasn't in evidence. it wouldn't make any difference. jenna: the defense, lawyers for dr. macneill are bringing up something else. they didn't bring this up during the trial. they're saying that dr. macneill suffers from by polar disorder, schizophrenia. he tried to commit suicide in prison. we have two pictures, one shows the doctor as he was in court and most recent picture after he has been behind bars. he is rough. >> he is not having a good time! jenna: does that impact, before we get to the new trial about sexual abuse, will that impact his mental state in any way, the potential sentence he could receive? >> could if it becomes to that point. my estimate they're not getting to that point. they may have a competency hearing. he will be deemed to be competent, a very low bar. do you understand the charges? can you help your lawyer going forward? going back, why didn't they raise it then if it was such a issue in the first trial, why didn't they raise it? >> we're talking about two different things. >> i know we are. >> first of all on the first conviction, jenna's question is

will it somehow mitigate his sentence that he is having mental problems? possible. depend what the judge thinks of it. as before we came on have expert psychiatrists examine him, create reports, give them to the judge but the competency on the new trial -- jenna: let's talk about that now. what this new trial is focusing on this family is certainly, has gone through an amazing amount of turmoil. one of the doctors is accusing of her father of sexual abuse after she said he murdered her mother. >> exactly. jenna: the question, doug, is this, why is this trial coming up now after the murder trial? why is it being cheesen to be prosecuted at all after he has been convicted of murder. >> i love that question. that is exactly what i was wondering. do you really need, lis, to pile on this guy, who has already been convicted of murder? talking about resources and cases? there are a lot of other cases. why do this case? >> here the defense side is trying to reverse the first conviction so they don't have

that conviction for whatever reason and -- jenna: do you think the prosecution is potentially worried about the sentence, lis? they want another conviction? >> they may also want to give the daughter her day in court. this daughter, if what happened she alleges is true she probably wants to take the stand. >> that's fair. >> what happened to her mother before that. this girl went through amazingly difficult circumstance. let her have her day in court. it will not cost the state that much to do. they have the evidence already. they put it on again. at least they get the girl it testify. jenna: you think ultimately that would be the right decision? >> yes. >> it will be interesting to see. the judge will decide on the spot whether or not it can go forward or alternatively as you said at the beginning order psychiatric exam. jenna: could dr. macneill sentenced to decades in prison and still go through another trial. >> yes which doesn't make sense. i agree with you. jenna: for trying to seek justice. >> lis makes a very fair point, look fur legitimately victimized particularly in sexual crime you

want to be vindicated and see the person who did it punished. i understand that. >> this whole competency thing he raising it now on eve of going to trial. >> that's what the prosecutors are saying. >> boo-hoo. you don't feel so great after you're in prison and killed your wife. jenna: i don't want to go too far down the dark hole but dr. macneill shown himself to be, he has been convicted of murder. very interesting criminal. one wonders if he is exhibits certain behavior now? >> like the whole thing with the peterson case, peterson tried to use his law enforcement background. macneil is trying to use his medical background. and he is not in terms of good public opinion. jenna: we have another really tough murder case next hour. you guys will be back for that. lis and doug, thank you very much. jon? jon: president obama set to lay out a vision for the country in his state of the union address. coming up we'll look at last

year's address and whether mr. obama kept promises he made just a year ago. >> >> also breaking news from ukraine's capitol as we get word of resignations and repeals of unpopular laws. is there a political solution to this crisis? will this tamp down the demonstrations? a live report next.

jon: still to come this hour, as

president obama gets ready to give his state of the union address, what about the promises he said last year, how many were kept? we'll go in depth. what can be described as a really stupid stunt as a woman jumps on a moving freight train of the what happened to her and police reaction. new hope in the fight against breast cancer. how a drug could reverse the spread of the killer disease. our medical a-team weighs in. [shouting] jenna: well the scene in ukraine, ukraine's parliament repealing anti-protest laws trying to diffuse a political crisis only hours after the country's prime minister submitted his resignation. these moves may not be enough to put an end to the violence. greg palkot is live in london and continues to cover this story, greg? >> reporter: in the word of one opposition leader, we have only

made one step. that iseaction to today's developments. they are significant developments. the parliament in ukraine voting to get rid of anti-protest laws. they were introduced a short time ago and helped to spark a lot of latest unrest. more importantly ukraine's hated prime minister quit. he ranted that the protesters were terrorists. this paved the way for the entire cabinet of the current government to be dissolved. they want nothing short of the resignation of ukrainian president viktor yanukovych and reshaping of constitution to make it more democratic. no sign that the current bought is ready to do that yet. over in brussels there was a summit with russian president vladmir putin and european leaders. it was a decision by ukraine to back away from a trade and political deal back in november to positive individual to russia that triggered the whole initial waves of protest. reports from brussels a lot of tough talk all around. unresolved amnesty for those

arrested during these weeks of protests. hundreds have been detained and injured. at least five killed. we do have word also, confirmation that vice president biden once again made another call last night to the ukrainian leadership. he is urging calm. that call apparently having some effect. and according, jenna, to some analysts i've been speaking to today the current sign, the current development might indicate a political way out of this. however, again the protesters are intransigent. they want the current ukrainian president to leave. until that happens all bets are off so watching it very closely. jenna: we'll continue to do so greg. thank you. jon: president obama set to deliver his state of the union address on capitol hill tonight. undoubtedly he will make promise to the american people. here is one last year on our presence in afghanistan. listen. >> tonight i can announce that over the next year another 34,000 american troops will come home from afghanistan.

this drawdown will continue, and by the end of next year our war in afghanistan will be over. [applause] jon: that is from last year. appears to be a promise kept. joining us now to talk about some other promises president obama made and whether or not he is keeping them, joe trippi, former howard dean campaign manager and fox news contributor and ed rollins, former campaign director for president reagan in 1984 and also fox news contributor. we looked at last year's speech. these things are just a laundry list of presidential promises. i'm not singling out president obama, every president does them. in general is that what these things are, joe, is a bunch of promise that is may or may not be kept? >> many are promises like the one you just showed us, jon, but i want laws passed by congress. i call on congress to do this. i call on congress to do that. the president had something like

42 different either promises or requests of congress. it looks like in the last speech, maybe two or three actually happened. they actually got passed through the partisan polarization of both the senate and the house. so, yeah, he clearly didn't get many of them done, whether they were promises or requests of congress. i don't think he will get much that he calls for in this one done either, given how polarized washington is. jon: here is one from last year, ed. he wanted to establish 18 sort of high-tech manufacturing zones in the country. three of them would be established by the white house under executive order, a controversial issue at the moment. he wanted congress to establish the other 15. listen to what he said. >> tonight i'm announcing the launch of three more of these manufacturing hubs where businesses will partner with the department of defense and energy to turn regions left behind by globalization into global

centers of high-tech jobs. jon: here is the update. the white house announced the selection of a headquarters for one of those institutes. they did that earlier this month. competition for the other two to be selected in the coming weeks. congress has not moved any legislation on the other 15 that he wants. i guess you could say that's a promise sort of in progress. ed, what do you think? >> here is the problem the president has, and i'm sympathetic to him as partisan republican can be. a year ago he was doing his victory lap. he won re-election and i think people were hopeful there would be an agenda. we now sit with a wasted year. not a single thing other than failed rollout of obamacare this president has done. he has record low approval ratings both on his performance level and his job performance. my sense today here is where

george w. bush was at this time in his presidency. there is fatigue. republicans and democrats are looking to the future not with him as leadership. he will have a very hard time making anything happen. he will not be a factor in midterm elections and if anything he will be negative. you won't want to bring president in other than fund-raiser for any senate candidates in marginal races. jon: one of the things he promised last year was a tax code overhaul. let me play that sound bite. >> now is our best chance for bipartisan, comprehensive tax reform that encourages job creation and helps bring down the deficit. a tax code that lowers incentives to move jobs overseas and lowers tax rates for businesses and manufacturers creating jobs right here in the united states of america. jon: well, any reform of the tax code that rewards companies who build, you know, keep jobs here in america has not happened and

tax tax code overhaul, the prospects of that seem to be fading, joe. >> the key word there was our best chance at bipartisan overhaul. there is not going to be any bipartisan overhaul of anything. even immigration reform may not actually happen when there is actually reasons for both parts to come together to do something, not clear that is going to happen. we'll hear about that in the speech. a lot with what ed has said. he clearly doesn't have much much opportunity in any speech h much. i agree with what ed said, if you look at midterms in the november, he is right, i would want him to be involved in fund-raising, sending emails out. maybe things like that but you're not going to see a whole lot from democrats actually wanting him in their districts or wanting his presence. they are going to want to run

local campaigns and not nationalize it with this president. jon: i have 30 seconds left but ed, give me 15 seconds what you think he should say that would, you know, unite the country, get the congress on his side and move things forward. >> obviously that's a very difficult task. we're not even touching on the foreign policy disasters but i think the reality is he has to basically say, i'm going to do something bipartisan. whether it, i don't think he can do tax reform now but he could have a year ago if he would have given up some premiseses. bottom line, republicans democrats came together and put through a budget proposal for the first time and passed it. so there are some things, if you are willing to give up on some of the issues thaw care deeply about and let republicans have place at the table. jon: all right. real quickly, joe? >> i don't think there is a whole lot he can say to bring people together at this point. i think he is going to try to frame the debate. put out a bunch of items he wants congress to act on.

congress won't act on them. that will be the fight that lays out through november. whether it works or not, i don't know. but that's what i think. >> state of the unionses don't mean what they used to. they're basically one more event in between super bowls and grammys all the rest of it. they used to be a very big event the they're no long ear big event. >> i agree. jon: joe trippi, ed rollins. thank you for our insights. our state of the union coverage kicks off at 8:55 p.m. tonight with bret baier with guests rand paul and congressman paul ryan along with the all-star panel. watch it here fon fox. jenna: we'll look forward to that. a woman jumps on to a moving freight train and she slips with the freight train running over her and you won't believe what happens next. avalanche covers up a entire town. nearly 4,000 people stranded. how long before crews can reach them? we're live with that story next. >> wow.

wow, that is my initial, is wow. it is crazy. and that avalanche chute, it comes down every year but not like that. 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.

♪ jenna: we'll get to some other news in just a moment but "happening now" has news of its own. she made her debut in dramatic fashion. high noon on saturday, weighing in at just over six pound. her name is elena margaret. the daughter of our wonderful booking producer christina robbins and her husband brent. she is charming everyone apparently she meets and developing a strong fashion sense that includes a full collection of hair bows. her father promises not to put her on back of his scooter just

yet while buzzing around d.c. mother christina is already planning her fabulous future greek wedding. look at that face. that is a supermodel baby. we're so happy from them. they head home from the hospital today. jon: the reasons the phones are not ringing off the hook on capitol hill because christina is busy. has her handful. she is not making the rounds. jenna: good excuse. congratulations, guys. jon: that's right. new information now on the alaska avalanche stranding nearly 4,000 people in valdez with snow piled 100 feet high, cutting off the only highway access to the community. adam housley is following the story live from our l.a. bureau. so how is everybody in valdez holdings up, adam? >> reporter: they're holding up all right, jon. in fact the city clerk says everyone is dealing with it as you might expect pretty well. they have a couple extra barges to bring in more supplies from the area. this area has dealt with slides in the past. normally they can be cleared in

a day or two. they have right now, jon, not just one massive slides, not just two massive slides but 12 slides all told, two of them huge. you can see right here, they're just monstrous. they have actually create ad lake. the river that runs nearby the roadway is backing up. they're worried about the water. they have to get rid of the water in order to clear the roadway of the snow. when you talk to locals they say you know what? we'll find a way through this. this is kind of more of the same sometimes. take a listen. >> we check to make sure we have plenty of fuel oil, plenty of gasoline. the food store, safeway is already moved to bring alternate measures in to bring the food in by barge. the hospital has got all the staff and personnel they need. >> reporter: once again, jon, they get cut off every year a couple of times but this one is so massive that it could be up to a week before they get all the snow out of there and clear the water out because they're worried about flash floods if they open up the road and water comes flying through. the water goes first and then

the snow, jon. jon: i have been up in valdez. it is beautiful country. hope they candying out of there. >> reporter: absolutely. jon: adam housley, thank you. jenna: hard to believe someone could survive this. woman jumps on to a moving freight train while her friend looks on in shock. we'll tell what you happened after that moment there. potentially life saving drug. what researchers say could stop breast cancer in its tracks. dr. siegel joins us in on the latest findings next. i take priloseotc each morning for my frequent heartburn. because you can't beat zero heartburn. woo hoo! [ male announcer ] prilosec otc is the number one doctor recommended frequent heartburn medicine for 8 straight years. one pill each morning. 24 hours. zero heartburn.

jenna: well a new drug is in the works that researchers say could stop the spread of breast cancer. it is in very early stages but scientists are looking at a compound that targets a protein

called bc-13. that protein plays a crucial role spreading breast cancer through the body which is something you don't want. by stopping that protein scientists believe they can halt the canner's progression. dr. marc siegel, professor at nyu langone medical center. i know it would stop the spread of cancer. not necessarily eradicate it. ha is important difference, doc. what are they looking at here? >> especially when you consider breast cancer kills 40,000 a year but 12,000 women have it spread. in other words, when breast cancer spreads beyond the breast when it gets in trouble, goes to the liver, bows to the brain. very hard to get it at that point. this gene, bc-13 is responsible looks like for that spread. as you were saying if you can suppress it, figure out a way to stop the cancer from using this gene, people out there, this is the way genetics work. genes are expressed by one cell,

not another. when the gene is expressed by the cancer cell it causes to spread. they found a pocket on surface of this gene. they tried millions of combinations of drugs in a computer and looks like they figured out one that stops its in its tracks. jenna: it stops it in mice. the question they will move it to clinical trials for human,. it works out and looks like it works in humans which we do not know yet, would it take the place of radiation or chemotherapy? could it be a complete alternative to those therapies or something in addition to? >> this is excellent question. i like the way you framed that. if it works in humans. mice are not humans, but often times when these things work in mice they do work in humans f that happens, i will quote you, now i can envision a time when you took a pill that had the such suppressor in it when you got the diagnosis before it spreads. you might not need the chemo and might not need the radiation. jenna: researchers what they say they're envisioning if you came in for diagnosis with breast

cancer in this case they might immediately give you a suppressant to make sure it doesn't spread and then continue the treatment accordingly? >> absolutely. we use a layman's expression, called keeping the horses from getting out of the barn. once the horses are out of the barn, once the cancer spreads it is so much harder to treat it if it is in the bones, liver or brain. you can operate still. the key is surgery. if you operate before it spreads beyond the breast you get a cure most of the time. if it doesn't you're chasing it with chemotherapy. this could prevent it from spreading. >> interesting to look at breast cancer. interesting to find if it works for other cancers as well. that is question for another time. >> the answer is yes, looks like it may be used for other cancers as well. jenna: glad i got that in. great to see you. jon? jon: what does the nsa scandal have to do with the game, angry birds? how that incredibly popular smartphone app and others like it could give the government

information on you. we're live with the story.

jenna: new developments on our top stories and breaking news this hour. jon: as the president gets ready to deliver his state of the union address, several republican senators unveiled their plan to replace his signature health care law. and obamacare is just one of the topics that the president is expected to touch on tonight. we'll talk to some former white house speech writers about how mr. obama will try to get his message across. and it is still frigid outside and not just in the northeast and midwest. the forecast and all the latest headlines all happening now. jenna: three republican senators now offering an alternative to obamacare. their plan has several features, among them health savings accounts and also repealing obamacare's mandates and taxes. we'll dig through it all. great to see you. jon: that's quite a proposal.

the new plan comes as concerns grow about security risks on the obamacare website. the house oversight committee with a hearing on website security today. here is chairman daryl isa. >> i believe these documents do reflect ongoing potential loss of personally identifiable information belonging to the american people. however, if i am to take the administration at their word, there are no vulnerables unmitigated. when asking for briefings, i get told they have to be closed and that these documents cannot be released. administration cannot have it both ways. they can't both say these documents represent completely mitigated vulnerabilities and then say but they're a pathway so they can't be released. jon: let's bring in the associate editor and columnist for "the hill" and the senior correspondent for the

"washington examiner." on that house hearing, computer security is very much in the news these days with the big hack of targets and knee man -- knee man marcus and other stars like that. if the house brings up whether the website is secure, that's not going to help drive traffic to obamacare, is it? >> it's not and i think it's interesting experts have come before the house and testified that the website is insecure, which i have likened to being a little pregnant. if it's just even a little insecure, it's insecure. as you know from the other breaches that you just mentioned at other retailers, this kind of thing can happen easily and those trying to control the website for those companies don't know how to protect against it. even in light of this second round of expertise opinion, the administration continues to believe that if they sort of stay quiet and keep trying to

fix the website, they can try to still, you know, create a p.r. campaign on the outside and do their best to encourage enrollment before the march 31 deadline. but as long as we continue to point out, as long as that back end is not fixed, as long as insurance companies are not being paid, the people who even went to the website still don't know if they're insured. jon: democrats are saying this is all political, this hearing. >> well, that's what you would expect them to say. the affordable care act, obamacare, how implementation goes from now through november is going to have a huge impact on whether or not they can hold the senate and whether or not they can keep their margin in the house of representatives and so what we found after the initial rollout, which everybody knew was a disaster, is that democrats have come back to the team and pointed out that as the administration has said, enrollment numbers are up, they're climbing and they feel much better about the website and the prospects for the law's viability. what republicans are doing

through these hearings, number one, are exposing what they think are real flaws in the legislation and mike rogers, the house intelligence chairman was an early critic of website security and it's something he knows a lot about. the other thing this does politically is counters administration claims that everything is getting better and as long as there are two sides to this story, i think it's going to be very hard for the popularity of the law to improve in any way measurable such that it can help democrats and not hurt them in the election. jon: boiled down, the "wall street journal" and nbc news are out with a poll that asks this question. was obamacare a good idea or a bad idea? only 34% of americans, roughly one in three, say it was a good idea. 48%, almost half, say it was a bad idea and 17% are not sure. that being the case, the president will probably say something about it in his state

of the union address but if so many people think it's a bad idea, is he going to be able to rescue his signature program? >> tonight he has to be -- you know, he has to booster the affordable care act and say it's going well and the early enrollment numbers are encouraging. just because it's not popular now doesn't mean it can't work out. by all indications we have from late 2013 and this far into 2014, the website not still really being functional, completely functional, signing people up, paying the insurance companies directly so that those people are not only enrolled but insured and looking at the encouragement that the white house is trying to give to the young people and uninsured who still haven't come into the system that they want into the system by march 31 and the other different kind of developments we're going to see throughout the year, the insurance companies setting prices for 2015, what happens the employer

mandate expires, the employer mandate waiver, i should say, expires, this kind of thing just really pressures democrats on the political calendar. how long do they have to defend this law? it might work out in three years but they have until november. jon: also pressuring them, the intrugs of the legislation from several senators that would allow people to -- well, if it were passed into law, it would allow some of the most popular elements of obamacare to remain but get rid of a lot of the other stuff. >> that's correct. and i think what this does for republicans, at least potentially, it gives them a way for them to say what they're for, particularly for control of the senate. if you were in charge, what would you do? many republican strategists have felt it was a challenge for republicans to get over, to not just be for repeal but for reform because americans don't like obamacare mostly but they do think that the system needed some reform so this could really help them in that regard but i think the affordable care act, the closer we get to mid summer

and these poll numbers don't change, the tougher it's going to be for the administration to claim that it's something that can help them politically this year. it may off in the future but this year, they are running out of time. jon: we'll continue to watch this through the state of the union address and as this republican proposal makes its way through the senate, maybe into the house. we'll see. thank you both. jenna: some lawmakers reaching a bipartisan deal on a new farm deal, a bill toiling on the hill for two years now. it will cut food stamps by 1% but scales become a house plan to make those cuts even bigger. it also ends certain direct subsidies to farmers. doug is live on capitol hill with more on what this all means. doug? >> that's right. it's pretty remarkable the congressional conferrees could come to a compromise agreement given the polarity but we are expecting a vote tomorrow on this. house republican leadership has

thrown its support behind it. majority leader eric cantor saying he's happy that this thing saves $8 billion in the food stamp program. he said in the statement quoting now, the finalized farm bill will include a new initiative that allows states to implement work requirements for able bodied adults as well as initiatives to help move individuals from dependence to self sufficiency and independence. speaker boehner praising the bill for saving $34 billion the next 10 years. he's not been a fan of recent farm bills but this one is an exception. he said i have voted against the last two farm bills because in my view, they made farm and food stamp policy worse rather than better. this legislation, however, is worthy of the house's support. as we know, democrats have long been skeptical of any cuts to the food stamp program, to the supplemental nutrition program. it's up to nancy pelosi speaking about just this subject a couple of weeks ago. >> i think it's very important that we get a farm bill. i've been very concerned about

the food stamp and nutrition cuts in the bill but as you know, it's been closely held and we very much want a farm bill and hope that the formulation that is in there is one that can be acceptable. >> one hopeful sign of passage is the ranking member of the house agriculture department, colin peterson of minnesota has thrown his support behind the bill. one key to its potential success come this vote on wednesday is the deal does not overincenti overincentivize milk over production. it allows the agriculture department to buy up some milk production. we're expecting a vote on the new farm bill tomorrow and the house, no timetable as of yet in the senate. jenna: doug, thank you. >> you bet. jon: urgent call today for the release of an american missionary jailed in north korea.

kenneth bae seen here as a press conference earlier this month was arrested last november and sentenced to 15 years hard labor for anti-government activity. today a top u.s. envoy urged the north to release him saying he is in poor health and needs to return home. also today, his mother and sister are meeting with secretary of state john kerry as they continue to fight for his release. jenna: a story, deep freeze in the nation today. sub zero temperatures stretching all the way from the midwest down to the gulf coast. jonathan is live in montgomery, alabama with more on this. >> hi, jenna. the intersection that you see behind me, this overpass, highway 231 over i-85, they just cleared a wreck from this overpass. a lot of the highways and roads are starting to get slick. you can see the sleet continues to come down mixed with rain. it's as the slushy mix hits the

ground, especially on overpasses that tend to ice faster than roads, that starts to get ice buildup, very slippery condition and we're hearing more reports of accidents and other parts of the state. in fact, the obama highway patrol has already shut down several bridges because of excessive ice. now, because many of these southern communities lack the large fleets of heavy equipment necessary to deal with these unusual winter storms, as you would say, in the upper midwest, some companies are hiring private contractors to spread salt and sand and in place where is they run out of industrial salt, these private contractors are going to feed stores to buy feed salt which they say works as well. this morning, icy roads were already reported as far south as austin, texas and houston. nasa closed the johnson space center other than a few critical operations such as mission control for the international space station which remains open. individuals are making preparations as well. we went to a local supermarket

here in montgomery, alabama that has had to restock all of the bread and milk on its shelves three times already just this morning. but we spoke with one customer who takes it all in stride. give it a listen. >> if it's snow, i'll go out in it. i'll make a snow angel if i can. >> and the storm is already having an impact on air travel. atlanta based delta airlines saying that it's cancelled more than 1,800 flights. jenna: and it continues. thank you very much. safe travels out there today for you and your crew. coming up later in the show, janice dean will have much more on the bitter cold plus the latest on the big storm headed apparently our direction. that's also the direction of the super bowl so we'll see what j.d. has to say about that. jon: i love a big storm. just not super bowl weekend. before obama heads to capitol hill, we'll talk with a pair of former presidential speech writers. analysis and predictions coming

up. also extending unemployment benefits still up in the air. we'll tell you how much it could cost you, the taxpayer, if it passes. next. when you have diabetes like i do,

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new creamy alfredo soup. inspired by perfection. jon: right now video showing a woman who either has no fear of death or no common sense. you can see her jumping from a station platform onto a passing freight train. this happening in australia. her friend panicked, not knowing whether she survived. when the train passed, she was lying motionless between the tracks having slipped through a gap between the train cars. she walked away needing a few stitches to her head and back. police are stunned by what they describe as her stupidity. they could have charged her

criminally but decided not to. jenna: yikes. unemployment benefits are back on the front burner on capitol hill today. senate democrats are extending the checks for three months to people who have been unemployed for six months or longer. price tag for the taxpayer is $6.4 billion and republicans are asking how the democrats plan to pay for it which is always the rush in these debates. james rosen is live with more now. >> two persuade or increase the pressure on skeptical house g.o.p. lawmakers, obama administration is moving beyond the moral argument for helping a a long term unemployed and trying to make a statistics based case arguing that direct federal assistance to jobless workers who generally become harder to employ with each passing day will benefit the overall u.s. economy. to that end, the white house cites a failure to extend the unemployment insurance would cost the country 240,000 jobs

this year. and the result cites other studies by the congressional budgetvestment bank j.p. morgan suggesting that gross domestic product would drop by up to .2 to.4. >> at -- the opponents are argues if people can't buy what they could before, they will choose to go back to work. everybody is talking about the same fact. the spending. >> how g.o.p. aides pointed to the obama stimulus package and the white house claims that it would create or save 3.7 million jobs by the end of 2010. at a per job cost of $222,000 but by the end of 2010, the aides said only 130 jobs had been created. why, kefbtive economists ask,

should more federal spending be assumed to work now? >> the long term unemployment problem we have right now was in part created by the length of the benefits so if you went and got a job, then you would lose your benefits and if you stayed home, then he could keep your benefits so we subsidize people to stay unemployed for 99 weeks. >> check out our taxpayer calculator on fox news.com. there you can plug in your own annual income and have the taxpayer calculator tell you how much this program will cost you. and now as i promised on twitter, a fact about the taxpayer calculator. i'll bet you did not know, jenna. so swift and ruthlessly efficient is the taxpayer calculator that it has been banned from competing in mixed martial arts tournaments in 2016. jenna: i did not know that. i did not. fascinating fact. and certainly a god plug. >> it's on fox news.com. check it out.

jenna: thank you. voip president obama just hours away from delivering his state of the union address. coming up, we'll speak with two former white house speech writers about what goes into preparing a speech like this and how much of what is proceed polled in the state of the union actually gets done. plus growing security concerns in sochi. which olympic team is now considering actually skipping the event altogether? that's coming up. [ male announcer ] here's a question for you: is your tv powered by coal? natural gas? nuclear? or renewables like solar... and wind? let's find out. this is where america's electricity comes from. a diversity of energy sources helps ensure the electricity we need is reliable. take the energy quiz.

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jenna: from standardizing uniforms to planting trees, presidential addresses talk on policies to be enacted in the next year. the speech tonight is expected to be no different. for a behind-the-scenes look

into crafting a message like tonight, paul joins us. he's a former speech writer to president clinton and al gore and mary kate is a former speech writer for president bush. nice to have you with us today and get your expertise. both of you had some interesting first thoughts about who gets to write the speech and whether or not that is truly an honor. mary kate, you say it's an honor that no one really wants. >> that's exactly right. it's a bit of a booby prize. many times it's weeks and weeks of work. president obama wanted to see a draft over christmas in hawaii. that tells you how far in advance the speech writers start working and in my day for george h.b. bush, there were 22 different cabinet officers and senior staff who got to edit the speech well before it went to the president so gruelling editing process and then as you can imagine, once the speech is delivered, nobody has anything very nice to say about it.

so it's a thankless job. jenna: was that your experience? you were able to contract a portion to the 2000 state of the union address focussing specifically on foreign policy. did you find it sort of that gruelling process and how difficult was it to condense the words into the message that you wanted to express for that one topic? >> well, it is because you're trying to fit everything the government is doing into an hour on the case of president clinton, an hour and a half. he gave a lot of speeches. cabinet secretaries start this process early as well. they submit language, they're fighting and lobbying to get their priorities into the state of the union as well and sifting through that usually lands on the door of the speech writer. president clinton used to introduce the person, the chief speech writer as the person who typed my speech and it wasn't an honor that everybody really competed for because the time involved was endless and it always ended up somewhere between a laundry list and a wish list. jenna: and that's an interesting

description. let me just stay with you for a moment since you worked for a democratic administration. here we have a democratic president. we just recently received fresh poll numbers that are fairly consistent with the last several weeks. general pessimism in the country, not necessarily divided between republicans and democrats. it's the way that americans feel. how would you approach the tone for a speech like this? if you were the one that had to craft the message today, even a portion of the speech, how would you address that? is it in the delivery or is it in the words? >> it's in both. and it's how you project your tone as well as what you say. it's clear by now to everybody that the era of big promises in government, at least big new promises, is over. the "wall street journal" today showed in its poll that most americans think the state of the union is divided and short of madonna coming out and marrying democrats and republicans together tonight, that's not going to change any time soon. but what the president needs to show is that progress can be made in this environment and that he's taking action to lead

that change whether congress wants to join him or not and hopefully they do. jenna: who do you think the audience is tonight? is it the average joe? the speech certainly gets prime time coverage, all the major networks. is it the average person or is it congress? is it those in washington, d.c. trying to flutter around and make things happen? who is the president speaking to tonight? >> i think it's a mention. some subjects, for example, health care reform, he's got the biggest audience he'll probably have all year to try to convince people to go to the exchanges and sign up. so that's sort of going over the heads of congress. but when he's talking about, for example, sanctions in iran, he's speaking to the 535 people in that chamber who he needs to give them time. but in general, i think this is a difficult pickle for the speech writers to be in because from all reports i've heard from the white house, he's going to be talking about unilateral executive action, things he can doing to around congress and i

don't really see how you say that to a packed house full of congressmen so he's put the speech writers in a bit of a pickle. same with what we were saying about the state of the union being strong. that poll that you were just referring to this morning, only 3% of americans think, the ones that are polled, think that the state of the union is strong. most of them are using words like divided, troubled, that really puts the speech writers in a pickle. that's a tough job. jenna: interesting point that mary kate makes, paul. what do you think about that? is this a time for the president to connect with the public by saying, listen. i'm going to go around people, use the executive action because i care about the country and that's the way they're going to get wings done? is that a winning formula for him now? >> yes. i think it is. it's unconfirmed that his walking music will be by u-2 but we've been talking about whether we can work together and every year we hear the same thing. if the president would just come to us and work with us, you

know, we'll get things done. well, we've had the politics of the brick wall for five years. we know that's not going to happen. this is a page straight out of ronald reagan's play book who signed 200 executive orders when he was president on a wide range of topics, from dealing with a democratic congress, president obama has signed less than half of those and the message is if we're not going to act together on behalf of the american people, i'm going to take action within my power and within the constitution. jenna: so you think a little sound track by u-2. >> i'm a u-2 fan. yeah. life in the moment. i want to see some people along the aisle dancing. jenna: like taylor swift. it could add something to it. the clapping and all of that, it can get repetitive. >> work the fist pumps. jenna: that's right. good to see you both. thank you. nice to have you. fox news channel is replaced for the state of the union. special coverage at 8:55

eastern. bret baier could have music. i don't know. but he'll have his panel, of course. special guests include senator rand and paul ryan. jon: who will be writing bret baier's speech? that's what i want to know. the trial begins for a woman accused in the brutal murder of her husband's ex-girl friend. now she's telling the court he made her do it. and angry birds may be a fun way to pass the time but are your apps giving the government information on you? shocking information coming up. ♪

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jon: the n.s.a. scandal continues to grow. we previously reported that information on billions of phone calls and text messages that americans make is being collected. now it also appears that your smart phone apps even games like angry birds could be given the government a gateway into your phone and more information about you. chief intelligence correspondent is live with more on this. >> thank you, jona. cording to the new leaked documents, the n.s.a. worked along side its british intelligence counterpart known as gchg to garner personal data from phone apps, including the game "angry birds." according to the report carried by the "new york times,"

intelligence agencies target "angry birds" because it's a leaky app. it generates the user's profile information so data on age, gender, marital status, your web traffic can be pulled, illustrating your interest, location and more specifically, your universal contacts. for those who routinely use apps, the new report is unsettling. >> our constitutional rights are vastly more important than spying on phone calls or data mining google maps. i think there is a line that is definitely overstepped going that route. >> get another reason to stay away from smart phone apps. i don't think it's unrealistic to think people, whether it's large companies, retailers or the government can track you and they've certainly been tracking our spending habits for a very long time so this doesn't seem like such a huge leak to me. >> in a statement the n.s.a.

said, quote, because some data of u.s. persons may be collected in n.s.a.'s lawful foreign intelligence mission, privacy protections for u.s. persons exist across the entire process. the n.s.a. also added that it does not use this information to profile american citizens, jon:. thank you. >> you're welcome. jenna: the trial is now underway for a north carolina woman accused of killing her husband's ex-girlfriend. her name is amanda hayes and she's charged with first degree murder in the july 2011 death of war ackerson. she was the ex-girlfriend of hayes ae boyfriend and mother of two children. prosecutors say grant and amanda hayes lured her to their apartment where they killed her, dismembered her body, took her remains all the way to texas and dumped them.

grant is serving life in prison for her murder but amanda's lawyers say she was an unwitting accomplice in all of this. prosecutors have a different take and they say amanda hayes was a career actress and this was no act. >> this has been a case about movies and this isn't a movie. this isn't a stage. this is a case about a murdered young mother. two young boys will never see her again and the role that amanda hayes had in her death. jenna: back with us, lis wiehl and doug burns, former prosecutor. there's already one person kwinthed of first degree murder in this case. the husband grant. how difficult is it to get a second first degree murder conviction? >> i think on many levels, it may be difficult. i think the way the defense is going to frame out their case is going to be two parts. one, if the client was involved in anything, it was only after the person was dead. and two, the only reason she was

involved in that is because the other defendant has been convicted of first degree murder put a machete on her leg and said if you don't participate in this getting rid of the body, i'm going to seriously harm you. jenna: the old machete excuse. i don't mean to laugh. it's so ridiculous. but that is the story she's given. >> wouldn't you be scared if someone pulled out a machete? >> i heard -- hurt her, hurt her, she's dead. jenna: so apparently mrs. hayes went to her sister a couple of days after the alleged murder took place. we know it was a murder because grant hayes is convicted of that and she said i hurt her. but apparently she said to her sister that alluded to a coverup, that she was covering up for her husband. >> she made shows supposed

admissions and later said, i'm just covering for him. >> doesn't make any sense, though, because she admits it first. but she also has a diary. she talks about how she hates this woman and so if i'm prosecuting this, i'm saying that resentment, that hatred builds up and builds up. he's already been convicted of murder. jenna: one of the things the defense has, the lawyers that are defending amanda hayes, is that grant allegedly stole from her, had her move in to his life, took all of her money while he was travelling around the country and the defense says -- and by the way, that's grant on the screen in the white house, the defense said this was evidence that she was an abused, manipulated woman. >> who has the bigger motive? i think you can kind of be all over the place on that. on the one hand, you know, he has a big motive but then on the other hand, think about it. he's married but the other woman has his children so there could be a severe tension there. prosecutors would argue. it also doubles back to what's the forensic proof?

we're not hearing that yet. >> it hasn't come to trial yet. but here here is the other thing. he'll probably testify against her. the reports have that he wants to testify on her behalf but if i were prosecuting this, i would go -- he's already been convicted. maybe you'll get a slightly lesser sentence if you'll just work with me here and testify about what your wife really did. let's see what he says. >> he's been quoted as saying i want to testify on her behalf to try to help her. lis and i discussed this before. prosecutors are going to claim that's untrue. and ratchet up his sentence. so he's in a tough spot. >> exactly. the jury didn't believe him the first time when he took the stand. jenna: it took them only 90 minutes to come up with guilty. p and that's why the judge instantly sentenced him to life in prison because he said this is showing that. >> and don't forget, in front of a jury. this crime so heinous. every murder is.

but here they dismembered her body, took it way far away and threw it in a creek in texas. jenna: is there any debate that amanda hayes was there when they deposed of the body? >> she was conceding she was present during the disposal. >> and she's saying she had nothing to do with it. >> she had nothing to do with the murder. she participated in the getting rid of the body and the only reason she did that is duress. i'm not saying it's true or false. >> that gives you accessory after the murder. >> there could be a compromised verdict. they may come back only on accessory. >> she pretty much admitted to it. jenna: so grant hayes convicted of murder. the fact that a jury found him guilty of murder, however they found him, how the prosecution painted it, whether he was the one that lured his ex-girlfriend to the apartment or not, he was the one that killed her, is that admissible in the court for his now wife who says i didn't have

anything to do with luring her to the apartment, although the prosecution says you did? >> that's a great point, a great question. it's not just that only one person can do the crime. that's inherent in your question, although he was not guilty to therefore, did he it. but the fact is more than one person could be guilty under conspiracy. that's separate crime. you have the actual homicide and then you have accessory after the fact. jenna: according to amanda, grant told her to take the kids, go to dinner because the woman, laura ackerson fell and the e.m.t. had to come and help her out. >> i think she has a chance at that second verdict, accessory after the fact. jenna: her trial is apparently starting so great to see you. thank you very much. >> my pleasure. jon: let's get back to the bitter cold sweeping the country. temperatures from the midwest all the way to the deep south plunging below zero. now there are warnings of a big snowstorm on the way.

meteorologist janice dean live in the fox weather center. she has more for us. >> it's happening right now, jon. take a look at the wind chills. this is where the core of the cold air is across the upper mid best and great lakes but it sinks as far south as the gulf coast. it feels like 17 in dallas, seven in memphis, 22 in new orleans so the cold air is in place. all we need is a low pressure out of the gulf and that's what we've got. we've got moisture along the gulf. see purple? that's ice. very dangerous. they're closing down roads and interstates all across southeast texas through louisiana and mississippi. north of the freezing rain and ice line is snow. getting reports of light snow in atlanta, georgia and this is going to continue for the day today and into the overnight for the southeast. so winter weather advisories. this is not something you typically see, maybe once in a 10-year event here across the gulf coast and the southeast and some of these snow totals could be six to 12 inches across the mountains of the carolinas so just going through time here, deep south, florida you're

mainly a chilly rain for north florida but across the carolinas, that's where we're going to see the bull's eye of snow. temps dropping to the teens and 20's into the overnight and there's the southern snow. even though it's dangerous, we want people to be safe. the kids, i'm sure, are loving it. jon: not very often you get snow days in that part of cannotry. >> true. jon: thank you. jenna: is google glass the future of eye wear? the tech giant's landmark deal with an insurance company that could see millions of americans walking around with a mini computer right on their face. we asked people a question, how much money do you think you'll need when you retire?

then we gave each person a ribbon to show how many years that amount might last. i was trying to, like, pull it a little further. [ woman ] got me to 70 years old. i'm going have to rethink this thing. it's hard to imagin how much we'll need for a retirement that could last 3years or mor so maybe we need to approach things dferently, if we want to be ready for a longer retirement. ♪

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jenna: google glass reaching an agreement with one of the largest providers of vision care insurance to offer google glass prescription lenses and frames. is this the beginning of google glass being accessible to really everyone everywhere? >> it really is an attempting to mainstream. google and v.s.p. partnering up and v.s.p. is the nation's largest vision health insurance provider and they're trying to make google glass available to more people and opening the door to new collaborations between the health care and tech world. prescription lenses, subsidized frames and sunglasses with google glass will be available for the first time this year. the v.s.p. currently provides insurance to more than 64 million patients and that's one in five americans. so this deal also gives google unprecedented access to 30,000 doctors across the country. the frames will cost $150 a pair and come in four new titanium

designs aimed at broadening the appeal of google glass. this partnership is a big win for google but also it raises concerns about data privacy and surveillance. taking a look at google stock right now, it's up more than 1% and a note. google is hardly alone in trying to blend technology and health with passion. a lot of these interesting partnerships are coming together but this one is the first between a major health care provider. geek chic, jon. that's what it's going to be. we'll have to try them out. >> i think we should. good to see you. jon: you may remember some of his songs, folk legend pete seeger has died. we'll look at his impact on music and politics just moments away. nbc universal's coverage of the 2012 london games

was the most watched television event ever. 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: american folk legend pete seeger pass the away. he co-wrote several hit songs including "where have all the flowers gone" and "turn, turn, turn". he popularized "we shall overcome." he also inspired many other famous musicians. here is more in the fox 411. >> rock n' roll hall of famer pete seeger was as iconic as

they come. he lived 94 years, enter twieping his musical career and political activism. he wrote owe co-wrote, if i had a hammer and kisses sweeter than wine. in 1948 he joined the weavers, a quartet that set the stage with hits like "good night irene." in 2009 he was still singing. in a statement today, the president sent his thoughts and prayers to pet family saying once called america's chewing forks, pete seeger blefed deeply in the power of song but also believed in the power of community to stand up for what's right, speak up to what's wrong and he believed in the power of the community. even in his 90s he took part in

occupy wall street demonstrations. he was most recently in the news after his wife of nearly 70 years passed away and he sat down with the putnam county news and recorder for one of his very last interviews. he spoke of his weakening voice but the laster power of song, and i quote, i decided that the most important parable that jesus got out of was the sewer of seeds and i look at myself as a sewer of seeds. i get audience says singing with me now and i'm quite proud of it. in that interview when asked if there was anything he would still like to accomplish, he said this. millions of things. hopeful even at 94, jon. jon: i read that he sort of helped keep the pan banjo -- banjo alive in this country. jenna: winter blast just not letting up. double digit wind chills still gripping the midwest.

we'll track the temperatures as low as they go coming up.

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purina pro plan can help him achieve it. nutrition that performs. coast guard is carrying out a major drug bust i should say. u.s. authorities in a port in mimy, off loading a ton of a cocaine. street value estimated at $37 million. the coke sewed last week from a boat in the waters off of the dominican republic. four suggested smugglers on board and all are arrested and now in u.s. custody. score one for the good guys. >> coast guard does a great job. >> what will you do for the state of the union, hot tea or cocoa. >> i may be tweeting once in a while. >> thanks for joining us,

everybody. >> americas news headquarters starts right now. we have a fox news alert. president obama hours away from addressing millions of americans, but are the american people even listening. welcome to hq, i am bill hemmer. >> great to see you, bill. i am alisyn camerota. the president is laying out a year of action. a new poll suggest that most americans 63 percent have no confidence that the president will make the right decision. juan williams is a news analyst. given the confidence does it matter what he said. >> he will try to make the case of being the president and capable of leadership and reasserting himself and commanding leadership and trying to say to them that he's worthy of their