girls. the girls go on adventures, save people and swam with sharks and the girls just stay home and play house. >> thanks for being with us. today's top headlines and stories you will see here. obamacare will take more than two million americans out of the workforce. the cbo head is testifying right now in front of this congressional meeting as the white house pushes back on the potentially devastating report. and a massive snow and ice storm slamming millions of americans. this weekend could be worse. and hilary clinton's campaign machine took on a life of its own in 2008. if she runs again, will things

turn out differently? that is on happening now. >> the top story is a congressional hearing underway into the stunning report showing obamacare will lead to the loss of millions of jobs. >> i hope you are off to a great start. that analysis estimating more than 2 million jobs will be lost while piling $10 million on the to federal deficit because of the president's health care law. the head of the cbo is front and center on capital hill describing the type of workers who will be impacted >> by providing subsidies, people with low income, and

withdrawing them will create a disincentive to work. these subsidies make the lower income people better off. this is an implicit tax. not where the government raises the taxes and we are worse off. subsidies provide people better off and a less incentive to work >> their work is used by both political parties. the republican lawmakers are calling this more bad news for the health care law. >> the report is certainly not pretty if you are interested in creating jobs in america. they estimate up to 2 million fewer jobs will be created as a result of obamacare. honestly, it isn't a surprising report. all of the news is permitters --

premiums are going up -- the white house says there is not a loss of jobs, but rather people that stay in jobs for health insurance. >> it doesn't say loosing jobs. so this might be someone who worked 60 hours they needed health insurance and that was the only one that offered it. and now they can get a 30 hour a week job and get health insurance this way. this is giving them that option they didn't used to have. >> obamacare frustrations growing for union leaders. the head of the national hotel leader is meeting with mitch mcconnell to talk about his concerns. ed henry is in washington, d.c.

with more. >> cbo is the independent umpire around here and they have used their reports to suggest the president's health care law was going to be a good thing for a lot of people. and to be clear, as you just noted, there are good things in the report for the white house. we will get into those. but first, here are the republican side and what paul ryan, the chairman of the house budget committee was saying with this explanation that if you have somebody who is working 60 hours a week without insurance and they may have a position to get the health insurance and shrink down to a part-time job because of the government subsidies and paul ryan says people are shrinking down their hour and won't be in the middle class >> they are better off in inducing a person not to work who is on the low income scale and not to get on the latter of

life to begin working and getting more opportunities and rising their income. this means fewer people will do that. that is why i am troubled by this. >> now the ranking democrat on the committee pushed back a few moments ago by noting when you look at the full report, beyond 2017 they say it will spur economic growth but that is several years down the road >> more to this story. thank you, ed. for more on the political fallout let's bring in the associate columnist on the hill. give us the political answers, how do supporters of the law say this is a good thing if two and

half million people leave the workforce? >> you heard them saying this is an opportunity to reduce hours, retire, be with a sick children or develop a dream and start a business. i don't think people want to know if congressman ryan is right and he is saying depend on the health care subsidy and then depend on more because they don't make enough and not rise to the middle class or if people will open up successful businesses and not just sit on the corner. you didn't hear a lot of democrats defending this yesterday. this report builds uncertainty about the law. there is not an increase so far in part-time jobs the report says. but there is also indications that people in a few months

employers will start shaving hours to avoid the employer mandate. and this is what democrats are finding hard to defend. >> it surprised me hearing so many people saying this is a good thing. 2.5 million people won't be working by their own choice. >> it is astonishing and reveals how out of touch those people are. the people we are seeing the defend this are people like harry reid and the white house. but they don't have a choice. but we are not seeing the democrats who are facing reelection because they are hoping people will forget they were part of this. it is devastating news and whether the difference about the number of jobs versus the number of hours, they are just trying to confuse

you much like doug is trying to confuse the senate committee looking into this. it does want matter. the point is people are not suffering with the problem of having too many hours. what is happening because of obamacare is people are loosing hours so they are not going to be treated as full-time employees and that is the real problem here. i think it is going to be nothing short of devastating for democrats unless these things turn around. >> i was reminded, ab, of a prediction nancy pelosi made when she said this... >> this is a bill that says if you want to be creative and be a music player or whatever you can leave your work, focus on your

talent because you will have health care. >> so they are getting what they wished for here. >> well, let's start with the fact that, being locked into a job because you are afraid to leave because of your health care isn't good. and the freedom to leave to have health insurance that you can assess somewhere else and go to another job is what everyone wants. it is just a question of whether or not you are going to subsidize only at a lower income level so that people don't want to get off the subsidy and earn more income that this create as problem. will people quit and create a successful company or start a music career that goes very well or a career in art that allows them to pay their own bills without depending on the

government? maybe the loosened up hours will go to the 18% of the country that is underemployed. >> one of my sons is a fabulous musician and i would like nothing better to see him get famous but i told him it is hard work and he is getting a double major in engineering. >> they make the promises sound good but they are unrealistic. you have to work sometimes you you don't like what you have to do but you have to do it anyway. president obama and the democrats are selling a dream that is just a fantasy.

i don't see how it will get better now or ever. >> we will talk about this more including what douglas akins who used to head the cbo is up in 30 minutes back to back winter issues and millions of people from the ohio valley all the way to the mideast are suffering from the winter. mike is live near chicago. mike? >> you have 330 flights canceled and if chicago slows down, every slows down. in detroit, there are two planes stuck on the tarmac because these conditions.

it looks less busy on the streets because most people got to work already. i can show you people digging ice. you see that gentlemen and that is what is going on. you hear about people dropping dead of heart attacks it is because they have not done anything physical and then they are out shoving snow and they are real physical. there is a man plowing up the whole block and the community is pitching in together. the situation is dire as it relates to salt. they have used up most of the stockpiles and you have frozen water in the mississippi and great lakes. there is a salt barge that got stuck coming up the mississippi. chicago is running 50 trucks in canada and iowa.

small areas don't have that option. in wisconsin it is so cold the ice isn't melting the snow so they are using sand. it is warmer in ken talk -- kentucky -- and that is pulling down the power lines. my apartment has no water i just got word >> mike is back country skier and a certified avalanche expert. you a you should be out in there. >> it is warm in the car. when you can get warm, get warm. >> good luck with the apartment. that is not a good sign. people in one community

forced from their homes after a massive train derailment sparks a huge fire. we will have more on this scene. plus, new details on a fatal shooting of a u.s. boarder patrol agent. the last moments of brian terry's life. terry's life. too big. too small. too soft. too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection. my feet felt so heavy at the they used to get really tired. until i started gellin'. i got dr. scholl's massaging gel insoles. when they're in my shoes, my feet and legs feel less tired. it's like lking on a wave. dr. scholl's massaging gel insoles. i'm a believer!

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>> new developments on international study, people in ireland dealing with flash fl d flood. a new storm expected to bring heavy rain and high winds across the country a. northwest of moscow there was a train

derailment. no one was hurt. ten people were injured in a suspected gas explosion in england. it destroyed two homes and damaged a third and one person suffered life-threatening injuries. brand new court documents revealing the most detailed about account about the night brian terry was shot to death. this as one of the men responsible is facing justice. >> reporter: until now, known h little about the death as there is a gag order. but we know they were tracking

an of boarder bandits for two days on the arizona border. ter terry's group was on a hill and when agents yelled police in spanish, they smugglers fired. here is one account of what happened: quote i saw a member point a gun at us. i saw muzzle slashes and agent terry said i am hit, i am hit, i cannot feel my legs. there is a man who pled guilty to felony murder and he didn't pull the gun but is charged with

the crime as well. he is set to get life in prison. what outlet? someone stashed the weapons in the desert and you bring a knife, i bring a gun, you bring a gun, i don't bring bean bags. agents should and should have fired bullets and perhaps things may have been different. we are learning new details about an attack on a power plant in california that is being called a terror test-run. why it went unnoticed for months and what it tells about the state of our safety. and groups are fighting in syria and the risk for a u.s. attack from syria is increasing. john bolton discussing the possibilities with us next.

>> right now, serious concerns about attacks on america launched from syria. 50 americans have joined groups extremist groups. and they pose a significant threat at home. >> looking back over my half a century in intelligence i have not experienced a time when we have more crisis and threats around the globe. >> did you believe that

ungoverned space present a threat to the united states or the west? >> i do. >> and we have a senior fellow at the american enterprise institute. i guess the question is, what are we doing about it? >> well, i think that the threat is very real. this number of 50 americans working with terrorist maybe a smaller number. it may grow over time. and it raises, i think, a very important point here in the midst of this debate we have nsa int intersuspect suspects over the past year since edward snowden released this report.

you have 50 people working with al qaeda in syria and that makes them terrorist. don't we want to know who the terrorist are talking to into the united states? you better believe it. this is the case of what the nsa's meta data program and the other things we have been discussing does. i want to know who they are talking to. the same people? or what other information will we find out to keep us safe. >> so you are making the case these nsa cases are ideal so we can track these people in case they come back or they are talking to someone at home? >> exactly. if you have one or more of these individuals calling the same number, i would look to know who

that number is or what that number is calling and what other numbers they are calling. some cases under the nsa program you need a warrant to go further. but this is what the meta data program is all about. we will not go into syria and put taps on them there, but if we can find numbers coming from syria and this is part of the effort we should be undertaking to find out t potential attacks in the country. i cannot think of a better category of people whose calls i would like to know more about. >> the situation in syria is creating an environment that the nation's top security agencies are saying it provides a launching pad for attacks on american soil.

is there anything we should be doing three years in to change that? >> i think we should be trying to do more but i am not sure what the united states stais capable of doing. but i am not sure what we should be doing against the opposition forces many of which are muslim brer brotherhood. it isn't confined to syria. many are working with al qaeda in iraq. and i am afraid it is part of the general decent into the chaos in the middle east as a whole. but you can say there is a declining american influence is allowing conditions to grow much worse. >> the question is is it too far gone but we have to run and

can't answer that one today. >> it has been out less than 24 hours. that new report from the congressional budget office showing the major impact obamacare could have on the workforce. millions observation people opting out. -- of -- the white house pushing back saying it is good thing people can leave jobs and get health care on their own. we will talk with a congressional budget office head about what this said. and hilary clinton's campaign is taking on a head of its own. will things be different if she choses to run in 2016?

trying to sell this as somehow a good thing. this is something from "the new york times," "the new york times" editorial board writes freeing workers from the insurance trap, that is the headline, new report found by reducing the number of full-time workers over a decade the health care law will have a liberating impact for millions. can you see in any way this is a good thing if 2 million fewer americans are working in a few years? >> number one, fewer americans working lower now than before the recession, to further make

that words cannot be a good idea. the second is this notion job lock used to be from one job to a better job because your health insurance was not working at all. that is confusing terms. most important thing is at its heart, it cost employer more to lure somebody out of their home into the workplace. normally we say we have killed that job. jon: you are losing all kind of economic activity. american workers are already most productive in the world. if you take two and a half million out of the workforce, that loses productivity, doesn't it? >> remember, those health insurance benefits are not coming out of nowhere. we are not going to get the same increase the ability to service

the debt we are leaving behind. this is not a good news story. jon: from page 111 from the report talks about the number of people, says as a result, 6 million-7 million fewer people will have employer based insurance coverage each year from 2016 through 2024. would be the case in the absence of the affordable care act. so even the employment-based insurance has been a bedrock of the way we build our economy through the last century or so. even that has gone away for a great many people. >> we will see another round of cancellation notices next fall. they will reevaluate if they want to be in health insurance business at all. projecting 6-8 million will say no. employers are going to send

their players off to collect it and go these exchanges, employees will get insurance they could get in exchanges instead of work, and the only one who loses is the taxpayer. if 8 trillion over the next 10 years could be sufficiently larger. jon: a formal cataract subsidizes health care for the very poor in this country, right? but as they make more money, as they learn new skills, get education, get more of an income, those subsidies go away and part of what this report is saying is people will find a better to stay on the lower rungs of the economic ladder and continue to get health coverage subsidized. >> it is actually make a very important point about tax policy. with these workers attempt to move up and lose benefits, they are being taxed for their success. these taxes better. administration saying you can tax the rich, you can tax the

people, doesn't affect anything. it affects the incentive to work and affect economic growth, that is a story people need to understand. jon: the story everybody is talking about right now. former director of the nonpartisan congressional budget office. thank you. >> thank you. jenna: hillary clinton hasn't made a decision yet of running for president in 2016 but hersug deals in motion raised the questions what lessons did she and her team learned 2008 that could impact another run for the white house? chief political correspondent live in washington taking a look at this today. >> back in 2007 and the 2008 election, hillary clinton was considered inevitable early on. she had the biggest name recognition and considered a foregone conclusion as the nominee and ultimately the president and that all blew up, barack obama became president. yesterday she was in new york's harlem area going to a head start classroom with the new

mayor of new york. not the kind of thing is his secretary of state do very often but presumably a candidate in waiting and has to nothing to quell what has been an amazing amount of organizing her behalf in her absence. a wedge of groups doing things on her behalf. give you an idea of the organizations being created to help her. most notably, ready for hillary coming can see it in the right-hand side of your screen has been out raising money, $4 million. creating grassroots all over the country for outreach for voters. an organization called priorities usa was funded by top aides back when the reelection in 2012 has now turned itself into a fund-raising opposition for hillary clinton and democrats, now being cochaired by none other than barack obama's campaign manager in 2012.

long dedicated to electing women to office. hillary clinton was monumental. a couple weeks ago we announced a new program called simply madam president. a super-pac on the g.o.p., a new group that will essentially be responsible for correcting the record. that is specifically trying to take down republican critics and push back against them. all of this has been so big in its creation some democrats are worried hillary is doing it again becoming so big the campaign will be infighting and blow up in face all over again. there is a congressman from ohio, critical battleground state of ohio. he explains all the early things to watch. >> i think we are all prepared to run a very tight race. anybody who has run for office,

county commissioner or school board, somebody is saying you should run for office, you would make a good candidate. they start plotting their own career before you are necessarily ready to do it. this is being done on a much bigger scale. >> perhaps the biggest thing to compare to its early stages of george w. bush of 2000 campaign where they were coalescing around the governor before he actually had gotten it as well. with hillary clinton has gone for her is much larger. jenna: thank you. jon: coming up, jenna has interview that you will really want to pay attention to. new information coming to light on an attack, and it was an attack the california power plant feeling silicon valley. they call it a terror attack and fears it was just a test run. also, new testimony surrounding edward snowden. why journalism published his findings could be in trouble with the feds.

jenna: snipers using ak-47s attacking a california power station in the dead of night. an attack some are calling a terror attack run that went virtually unnoticed until now. the front-page "wall street journal" investigation retired federal regulator described the assault at a transmission substation last year as the most significant incident of domestic terrorism involved in the grid that has ever occurred. the substation near san jose funnels power to san jose valley. a timeline shows his salt last t last year when the attackers cut telephone wires near the plant. at 1:30 1:00 a.m., snipers opened fire, apparently targeting transformers cooling stations.

10 minutes later a powerplant operator called 911. at 1:45, the transformer started crashing. by 1:50, it was over and the gunman then missed. --dash vanished. in the morning, they check out the damage. this has rattled the industry. joining me now, with the cia and served as chief of staff for homeland security secretary. he is also the cofounder and managing principal of the group, a firm that consults as part of their job with the electric power industry and strength of security. what industry experts describe this event as a preparation for act of war. do you agree? >> you cannot rule it out, however you think of terrorism

normally a terrorist would want to claim responsibility for the attack. it has been almost a year since the attack and nobody has claimed responsibility. jenna: that is what is it is a test run, they wanted to test the system to see what it could accomplish. >> that is a fair point. if you look at the sophistication of the attack certainly could suggest insider attack. you had to know where the concealed fiber-optic stations were to make the strategic cuts. the attackers clearly had sophisticated knowledge of where to shoot to know how to disable the cooling systems, so it is a very sophisticated attack by the account but i would stress right now the fbi is not currently categorizing this as an attack, it is too premature. jenna: we don't know who did this coming up on a year on the event. the reason why there wasn't a lot of press around this is there was no blackout.

they were able to work around the transformers going down. anin your experience, how prepad is the industry, company specific or otherwise, to deal with an attack like this if it happened again? >> if you look at the past year, basically electric power research institute has shown over the last decade there have been a privately 2500 attacks on power lines and substations around the world. there are 250 attacks per year in the grand scheme of all the u.s. transformers, less than 0.4%. the industry is very focused on making sure that even if they are attacked like in the case of the substation, they are able to be resilient restore power quickly. in this case even though it was a highly sophisticated attack coordinated on knowledge of fiber-optic cables, even with that level of sophistication, no

power was ever loss in this incident so that does show you the industry is losing leanings resiliency. jenna: even with the mass blackouts we have seen in the past like in 2003 2003 west of blackouts on the east coast caused in part by a tree branch, was not even anything that was a serious attack. we're talking the way some of these companies can prepare if they are attacked, so what about prevention, where are we on that? >> we have all experienced different parts of the country whether it is hurricane, tornadoes, and i lived in new york when the blackout happened, it was quite disturbing. you have these moments where it can hit the substation. there can be cascading effects. what both industry and the government have been working on our modeling out essentially those kind of cascading scenarios where they can identify the chokepoints and in industry to hard-nosed

particular chokepoints. that is a critical point of this. the other risk-based resiliency. look at the supply transformers for example a program called the supplemental equipment program, that is where they are working to create shared inventory across the countries in an emergency, the know what kind of transformer is available elsewhere and can get the emergency site. jenna: it is comforting to know there are people and systems in place. the sophistication of this group wherever they were and whatever they were trying to do. we will have you back to talk about this. thank you so much. >> thank you, good to be with you. jon: look at america before power plants. archaeologists uncover one of the most prehistoric sites in the world and it is right here in the u.s. you won't believe where and why they think this is a very big deal.

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jenna: archaeologists confirm existence of a civilization that flourished in what is today downtown miami. we're joined now on the phone. tell us a little bit about what you found at the site. >> what we have uncovered is the pattern of prehistoric people. these people built a very elaborate settlement on the north bank of the miami river. our documentation of development are able to uncover thousands representing structures and

linear structures, frankly the likes of which have never been seen in florida or anywhere in eastern or north america. well preserved because they are dug into solid rock. jenna: for those of us who have not heard of it before, who are they? >> they are the native indigenous people in southeastern florida who came extinct as the culture after 1763. until that time to have legacy going back several thousand years in what is now downtown miami. jenna: so what is happening to this site? ideally what would you like to do here? >> i think what is going on here is an interesting model of how public and how government can develop and work together. they have the earliest

preservation ordinance passed in the united states for archaeological sites to be documented. as a result of this discovery, the city and developers are trying to work toward an agreement that will allow for the preservation of at least some parts of the site being done as an important part of that record. jenna: that is part of the reason you were able to uncover this site. we would love to check back in with you as you find more. from the ecological and historical conservancy. thank you so much for your time. jon: lawmakers are grilling the new head of the irs over the tax agency targeting conservative groups. what both sides are saying now about the investigation.

jon: big developments to our top stories and breaking news. this our police made for arrests in the connection of seymour hoffman's drug overdose. investigation at the legal panel debates was charges the dealers might face. once again, thousands of flights cancelled and some of america's biggest cities due to a massive snowstorm. we will take you there live to find out exactly how long this weather delay will last. and as folks shiver in the winter cold, they also could be trimming their waistline. seriously. we will break on the results of a new study, and it is all "happening now." the fox news alert, the head of the irs, the new head is testifying on capitol hill and we are expecting questions from lawmakers. welcome to this second hour of "happening now." jenna: the irs commissioner wants to restore the public's

trust i in the agency after the irs was found to be targeting tea parties and other conservative groups. but the new commissioner has already sparked some controversy by saying he will reinstate employee bonuses last two that were cancelled after the scandal. mike emanuel has more on this. even though he is the new guy at the irs, any fireworks so far? >> jenna, for the most part he has been saying a lot of the right things about the tax collection agency working hard to regain the public's trust. although there was a bit of a flare up about irs targeting investigation. >> we have provided over 500,000 pages of documents, i have not loolooked at any of those documents. my view is for me to try to track through all of that and catch up with everybody is not a productive use of my time. >> i think this has a direct bearing on the management of the agency. the fact cincinnati was approving tea party cases before getting orders from

washington, d.c., to hold of them and processing them without delay and without question. it was not confusion. it was washington, d.c., that cause conservative groups to be targeted and harassed. >>'s a bit of a disagreement between the chairman and the irs commissioner about whether or not he should be looking back at some of the evidence from the investigation. noting there are six investigations underway and he looks forward to this being oversaw all the facts will be known and the agency can move forward in a constructive way. jenna: are democrats saying about the hearing and investigation? >> a bit of criticism of why we we're going back and looking at wrongdoings of the irs. also noting the fact mr. john koskinen is not even there at the time, it was not his fault. >> don't veer off in trying to

revive a position that has not been supported one ey iota. it's clear you are trying to keep this issue alive for political purposes. if he wants to have a corrupt ce bipartisan issue, do so but don't use this hearing as an effort to essentially pursue a political purpose. >> a bit of a suggestion democrats are beating a dead horse. the public instead they want the duck quotation from the irs and he says he's doing his best to get them everything they want. jenna: mike emanuel live on capitol hill. thank you. jon: for more on this, let's bring in juan williams and jonah goldberg. he is also a fox news contributor. president obama over the weekend told bill o'reilly famously there is not a smidgen of corruption at the irs involving

the targeting of conservative groups. the question is quite simple, how does he know? >> what he said in with the white house said yesterday was that so far what they have learned from the justice department investigation and what the fbi has turned up is nothing so far. so that is all they can say. with the president said was this is a banner of mismanagement, people not understanding the rules are trying to enforce and the president said something to the fact they were on headed actions taken by some irs officials. in terms of actual corruption, as fox has reported, nothing has been found by the fbi or the justice. jon: maybe that is because the fbi has not looks. we know a number of these organizations targeted by the irs haven't even received a phone call from the fbi of what happened. >> we know the investigation was slow.

when the head of the fbi was asked who is heading this investigation and he could not give an answer to congress because he actually did not know. the person has been in charge of the investigation is an obama donor. it is a funny thing to do if the president thinks there is not a smidgen of corruption, why would you put this person in charge if you have nothing to worry about? also, why would lois lerner plead the fifth if there is not a smidgen of corruption? there may not be. my suspicion is essentially the irs has become politicized all on its own and simply thinks it is their job to go to conservatives the weight is not to go after liberals. jon: let's take our viewers back to those electric moments on capitol hill when lois lerner formerly worked, worked with the irs at the time, was called in to testify. >> welcome i would very much like ants the committee committee's questions today. i've been advised by my counsel

to assert a constitutional right not to testify or answer questions related to the subject matter of this hearing. after very careful considerati consideration, i have decided to follow my counsel's device and not testify or answer any of the questions today. jon: if the problem here was a bunch of boneheaded mistakes, you can't go to jail for being boneheaded, don't think you can even be sued for being boneheaded, so why should she take the fifth? >> she did not want to get caught up with what they described earlier in our peace as a political frenzy which is not the sense is republicans have a desire to politicize this issue, they see it as a matter of unfair treatment. by the way republicans and democrats do not want a political irs headhunting for either side. that is a bad thing. but i think for lois lerner idea

was why subject yourself that kind of political beating in front of the congress and national audience on tv, she decided to take the fifth. jon: i guess the point you are making is the irs in our view has become politicized to the point where one point of view has become the norm. it is not like anybody thinks if they were a republican administration taking over, all of a sudden the irs would be examining all of the records of liberal groups in this country. >> union that represents most of the workers in the treasury department, 94% of its donations to the democratic candidate. the idea republicans trying to put a size this when it is the iressa attacking political groups critical of the president puts the cart before the horse. at the end of the day cut his idea nobody wants a political irs, yes and no. they are trying to codify many of the things that were done

ad hoc by the irs and come up with new rules putting a lot more pressure largely conservative leaning 5o1c4 groups that have mitch mcconnell screaming bloody murder. what you're trying to do is take what was a scandal and simply make it the new rule for the bureaucracy. that will be a big fight in the hearing today. jon: are we learning anything new from these hearings? it doesn't seem like investigation of the irs targeting of conservative groups has really gone anywhere. >> i don't think we're learning much today so far, john. i just want to go back to something that is really at stake right now, which is are they going to codify the laws to make things more direct so everybody understands it in a way that could disadvantage the tea party groups. they're the ones who have been screaming murder the way they have been treated. some liberal groups also exposed to these kind of rough treatment by the irs.

now what you are hearing from mitch mcconnell and others as they waited. if you tighten up the laws in this way, all of the young grassroots groups coming up on the republican side are the ones likely to be hurt more directly. that is why republicans again feel the irs actions are detrimental to their political interest. when he says the irs is politicize, i would hope the irs is not politicized. jon: i think we all do. >> i would hope the irs doesn't exist. get rid of it. jon: amen to that. thank you both. jenna: police investigate the death of philip seymour hoffman making for arrest last night. the suspects are heroin dealers who may have sold drugs to the

oscar-winning actor who was found dead in his new york apartment sunday. the latest details on the drug must b. >> there is an investigation into if the four arrests are possibly connected to philip seymour hoffman's death. police have arrested three men and one woman last night after reading three apartments at 302 moffatt street. according to "the new york post," the dealer was at that address. there are reports during the raid cops found 350 envelopes with what appeared to be heroin. at least two of those in custody are expected to be arraigned today. hoffman's death is being treated as an accidental overdose. the oscar-winning actor was found sunday lying on the bathroom floor with a syringe in his left arm. also found in his apartment was his personal journal left on a living room tv stand according

to sources wearing shorts and a t-shirt with his eyeglasses still resting on his head, i'm told. since then investigators have been eye man hunt to find who sold the deadly dose including trying to tri-county surveillance video from atm machine where he was seen with two men as he withdrew $1200 in six installments to make a drug by saturday night. per them in our tests show you heroin recovered from hoffman's apartment did not contain additive powerful narcotic used to treat cancer patients pain often mixed in with heroine. it is possible for several deaths on the east coast in recent months. families streamed in and out as she made preparations to bury her longtime partner of 15 years and the partner of the three young children. a private funeral will be held for family and friends. plans are underway for a memorial service later this

month. jenna: he finds out they did sell the drugs, could they be charged with his murder? we have seen similar cases around the country when it comes to heroin dealers, so will we see it here? jon: a former police officer accused of gunning down another man in a movie theater is due in court today. the key role in that could affect the trial. the breaking details just ahead. new fallout in the spying scandal, why some journalists could face criminal charges for publishing information leaks by edward snowden. and millions facing a second winter wallop this week causing major problems on the road and in the air. molly line outside of boston's airport. molly. reporter: the snow is still coming down causing travel problems all over the country.

big delays, lot of cancellations. all of the details coming right up. [ coughs, sneezes ] i have a big meeting when we land, but i am so stuffed up, i can't rest. [ male announcer ] nyquil cold and flu liquid gels don't unstuff your nose. they don't? alka seltzer plus night fights your worst cold symptoms, plus has a decongestant. [ inhales deeply ] oh. what a relief it is.

jenna: writes now millions from the midwest and northeast getting a second winter wallop this week. heavy snow as they did in some spots. sleet and freezing rain adding to the pain. schools closing, businesses and government offices also close. power being knocked out and the thousands and thousands of flights cancelled. molly outside boston's logan airport. not as busy as normal, right, molly? reporter: no, it is very quiet in there. up to a foot of snow in boston, less to the south. here's the thing about this particular storm, this is really, really heavy snow. this is instant snowball material, stuff you can build a snowman out of the very quickly.

it will be tough to move. inside the airport as he mentioned very quiet, a lot of people heeding those warnings about delays and cancellations. a lot of delays and cancellations here and across the country. more than 2500 cancellations nationwide according to flightaware.com and 1800 delays report as well. this really tough across the country. we had a chance to speak with one family that is working their way down to texas. they want to be there for their sons graduation, but they have a long wait ahead. take a listen. >> yes, we are delayed. we stayed overnight and we are catching an earlier flight, hopefully, but the earliest flight we tried to get on has been delayed. reporter: the smith family believes it will make it to texas at about 1:00 in the morning and then they are going to drive, so they have a long day ahead of them. it's not over yet.

the snow still coming down. a lot of folks will begin to dig out, and this weekend we may be seeing more snow. it has been quite a winter already, but it is not over yet. jenna: we would hate for them to miss the graduation. good luck to them and everybody affected by the storm. jon: just how long will the latest blast of winter stay with us and when do we expect round three? meteorologist janice dean in the weather center. >> 9 inches where molly is. north and west of the city is where they could keep over a foot. we've already gotten over a foot in parts of the midwest, kansas 15 inches, parts of missouri 12 inches there, illinois 9 inches, i will widespread. 25 states under a winter weather

advisory of some sort. there is the northeast, new york city, not new york city, westborough new york, a foot and parts of connecticut, 9 inches. we are almost done with the storm system was still seeing freezing rain and might mention once the storm is offshore, we're going to be dealing with temperatures below freezing. any moisture that is on the ground, on the power lines is going to freeze over the next couple of days. looking at boston, you're still going to see the snow flurries until 11:00 p.m. so things will subside. temperatures again, the storm system is going to exit, but look at the highs heading into tomorrow. into the 20s, so we will not get above freezing for the next couple of days. slush on the ground in and around these areas that will freeze and make things very treacherous for the next couple of days.

talking about that storm system. there is the european model, and it is this time yesterday talking about a potential nor'easter. if this is the situation where looking at, we will not get much this weekend at all. wwe're going to watch this systm moving eastward. again, not looking to loss blockbuster, which is great news. the storm everybody has been talking about will not happen, but we will keep you posted. jon: stay on top of that. three in a week is plenty. jenna: many people under a lot of snow, and our reporter, sister of our great producer rachel, sends us this picture from her yard in new york outside of albania.

making it a casualty, as you can see. the area could get up to 14 inches by the end of the storm. it bears mentioning that my family in california is dealing with a drought, so we don't want to forget the entire country. jon: all you folks in california, jump on a plane with a bucket and come take away some. the florida police officer charged in the shooting death of another man in a movie theater last month back in court right now. the ruling we are expected that could change the course of his trial, next. and serious new concerns as israel faces crippling boycotts over and settlements. sectarian states john kerry is saying. the latest in a live report coming up. okay ladies, whenever you're ready. thank you. thank you. i got this. no, i'll get it! no, let me get this. seriously.

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jon: right now a bond hearing for a former tampa police captain charged with shooting and killing another man at a movie theater. we're expecting a possible ruling to surveillance video. lies at the breaking news desk. >> thank you a lot. talking about the breaking news. defense attorneys for the former police captain charged with second-degree murder have that video. and today's hearing is important. we are taking live look. by the way, this is inside the courtroom in tampa, florida. the judges to decide if the public should be able to view the killing caught on tape. we know a man opened fire after chad olson who was text messaging just before the movie started. interesting was on this video reportedly. it could show the victim

throwing a bag of popcorn at the suspected shooter during that argument. witnesses say the older ex-policeman took out a handgun and shot olson in the chest. his wife is also injured, shot in the hand but she is okay. she was asked by the judge of should have a problem with him being released and the attorney indicated she thinks it is helpful to get justice served the people can see how her husband died. but the defense attorney say sad that could hurt his chances at a fair trial and change the whole face of things. we will see what the judge has to say about that security video. however the judge is allowing it to be played in open court today and recorded by the media. this is a bail hearing so we will hear if he can go free after posting bond. jon: you don't think of surveillance cameras operating inside movie theaters. it is fascinating to have this stuff. jenna: that is the suspect who is leaving now in the red sweater vest.

he was at this hearing this morning. this is happening live. jenna: concerns are growing over a boycott that could cripple israeli companies causing secretary carry to warn for their breakoutfurtherboycotts cs fail. connor. reporter: jenna, for the past few years there has a boycott for operations on the west bank. israeli businesses are illegal under international law. just last month there was a large dutch pension fund breaking off ties with five israeli banks because of their operations in the west bank. now the movement is small but persistent and growing. particularly in europe where the eu is talking about expanding it. the fear is the boycott movement will grow from businesses

operating in the west banks to all israeli companies if the peace talks fail. today we spoke to the owner of a winery based in the west bank that has been targeted by the boycott the past several years. >> i think it is unbelievable coming by the name of peace, by the name of democracy, by the name of everybody together, those are the people making the boycott. it doesn't make sense. >reporter: this weekend secretay john kerry's a failure to reach a peace deal between israel and palestine can accelerate the boycott movement. the comments were received as a real threat. israeli politicians lashing out accusing him of threatening israel, but after months of talks between israeli and palestinians, they remain far apart. two months left to negotiate a deal, jenna, but right now they

look very far apart. the obama administration and secretary carry don't support a boycott, only saying that is to be an awareness in israel, there is a real potential these boycotts could spread and grow if a deal isn't reached by the end of april. jenna: a story we will continue to watch. thank you. jon: new york police made for arrests in the death of philip seymour hoffman. for those who sold the drugs be charged in the death? as they continue to mourn his death. could reporters who broke stories about the nsa surveillance be prosecuted for publishing information edward snowden let them have? we will have a live report on the latest nsa fallout next. >> they're going to school on u.s. intelligence sources, methods and trades. the insights they are gaining are making our job much, much

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jon: right now lawmakers raising the possibility more charges are coming in the nsa scandal this e time against reporters who helped leak the story. like the guardian publishing stories about the information that was leaked. expressing the nsa surveillance on millions of americans. live in washington with more on that.

explain this new development. >> intelligence officials are now suggesting the journalist who handled the snowdon documents are accomplices to the crime of espionage. the tie in exchange with the house intelligence committee, fbi director said selling access to stolen nsa documents is a crime. >> fencing stolen material, is that a crime? >> yes, it is. >> will be fun to access of classified material that is stolen from united states government, without be a crime? >> it is an issue that can be complicated, it involves the news function but in general fencing reselling stolen properties the crime. >> so for my newspaper reporter for, fill in the blank, and i sell stolen material, is that legal because i am a newspaper reporter? >> if you're hocking stolen jewelry it is still a crime.

>> what we don't know if this is hypothetical or of the congress and has hard evidence that money has been exchange for access to the leak documents. jon: that is the million dollars question. as is kind of thing happened before? >> the case began in virginia and citizen allegations a former cia employee leaked classified information to "new york times" reporter for his book on intelligence and the war on terror. in this indictment alleges every time one of the books written by james was sold, that amounted to the illegal sale of classified information in indictment puts the value of those documents and information they contained and over a million dollars. it has been seen before although attorneys say it does seem to be a stretch and maybe using this case to intimidate the reporters who still have those nsa documents. jon: we will keep an eye on it. thank you. >> you are welcome.

jenna: found dead of an apparent drug overdose but now questions over who could be held responsible. for the death of philip seymour hoffman. four people arrested in new york city. the suspect may have supplied the drugs that killed the oscar-winning actor. we couldn't find any evidence in new york of drug dealers being held liable for the death of the customer. some new york towards have found under state law, drug dealers cannot be held liable for customers death, but nationally the trend is very different. states are heading down harsher convictions of heroine dealers specifically. could this be a legal case? former prosecutor joining us now, and criminal defense attorney. great to have you both. what do you say about this? do you think this could happen if these drug dealers were tied to philip seymour hoffman's death? could they be charged with murder or homicide?

>> i don't think it will happen in this case because new york unlike pennsylvania has specifically said in a court drug dealers are not responsible for the death of one of its consumers. in this case had something unique about it, might be able to change the presidents, but the synthetic material that is normally the linchpin for these cases was not even found in the initial report so i do not think they will be filing a enhanced charges although they will file simple possession possibly even trafficking of the heroine. jenna: do you agree, disagree? >> i think it is still an ongoing investigations a lot has to be revealed to reflect what was found in the alleged drug dealer's houses and if there was a leak in philip seymour hoffman's apartment. drug-induced homicides a very difficult to prove because of causation. but also press get his job is not to cherry pick the easy cases and run away from the difficult cases committed to seek justice. seek justice based on the evidence and what they can prove.

i think what will really be telling is what we can find out about the ongoing investigation what his alleged four drug dealers knew about philip seymour hoffman's condition and if it amounted to criminal negligence. jenna: while you were speaking we actually have some news for the new york city chief medical examiner who says philip seymour hoffman's cause of death is pending further studies, which is interesting because everybody right away says it is a drug overdose, it looks like that according to what we know, but when we look at causation in this, a drug dealer may supply the drug company, but they don't make the person take it. when you take a look at these other cases like pennsylvania and other cases around the country, how are prosecutors making that leap saying the drug dealer is responsible for somebody else's action? >> it is a very difficult leap, you are buying heroine, you have

to assume there is a danger element involved. the linchpin really is the additional drugs, synthetic materials included by the drug dealer a consumer may or may not know they are ingested. they say this consumer bought heroine but he did not know the synthetic material has 100 times potency included in the drug. in this case what has been coming up so far, that material has not even been found and philip seymour hoffman's apartment had multiple drugs. all of these medical prescriptions. they will be out of luck making this landmark case these drug dealers should be given enhanced charges such as manslaughter. jenna: pending further studies to find the cause of death for this disaster. if a drug dealer is arrested in this case as were these for alleged drug dealers, what kind of cases are facing?

>> i think they're facing possession and distribution possibly possession of paraphernalia. if you can make that causal link between criminal negligence and of the acted negligently to cause the death, he could make the argument they're looking at something to the effect of second-degree manslaughter or involuntary manslaughter. a lot of it depends on the prior criminal history and if they have been to prison before, if they have issues on their record. what i did want to add was the prosecutor in this case does go forward and add more serious charges come if anything it sends a message drug dealers are not going to face the punishment of a slap on the wrist, perhaps a drug dealer deals drugs and somebody dies, they can be looking at a life behind bars and that is a strong message. jenna: i am curious both of your thoughts on this how the laws should be used in this way. we look at the national trend states like colorado, ohio, drug

dealers charged with criminal negligent homicide, third-degree murder, manslaughter, reckless homicide as well. is this the way the law should be used to come down for 25 years, a life sentence? is that justice or what we have currently in place a few months behind bars and some of these cases for drug dealing, is that what it is? is a issue of personal responsibility. where do we draw the line? >> it is likely trafficking charge could give them 30 years in prison. to answer your first point, the defense attorney in me says no. they are dealin doing with the underbelly of society. i have a personal responsibility. just because it happened to philip seymour hoffman does not mean he should have to bear that responsibility and and a do-nog the drug dealer who is already committing this activity, is a crime for that, possession, sale and distribution. to lead to homicide or

manslaughter is not reasonable. >> i agree in that regard. i understand it, there's a certain level of accountability but it depends upon a fact by fax bases and what they knew and that is easy to say they are responsible. it is depending upon the facts. jenna: we don't have it you have to tie the drug dealers to what was in philip seymour hoffman's apartment or what was the cause of death. thank you very much. >> thank you. jon: information superhighway is about to get real. how cars talking to each other can be coming down the pike. in the technology that will change how we drive but also raising red flags about who is going to be tracking us. a live report on that minutes away.

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fifty percent of your daily value of protein. low fat and five grams of sugars. [ major nutrition ] ensure. nutrin charge! jon: we have told you about this before. an oil boom, fracking places like north dakota. they have production on the rise in the usa. now after a decade-long ban on exporting an anti-american oil o other nations, the u.s. is looking to the financial upside of opening our crude oil markets to others. we will need the reserves and we should just keep it all ourselves. >> those who are old enough, i am sure we both are barely in that group. the reason for the bat on exporting crude oil, 1973, arab nations were upset for supporting israel and cut oil off causing chaos, gas prices

skyrocketed, long lines of russian. fast forward u.s. oil is soaring. we cut back on imports and even a worry mr. production will soon outstrip our refining capacity. leading the charge to lift the export ban. >> this band threatens record breaking u.s. oil production and american jobs by creating inefficiencies and other descriptiondistortions. >> while production is way up, was to import 30% of the oil we use, so we are a long way from total independence. they argue this is about the oil companies making more money because they could get a higher price for the oil with exporting. the two sides disagree. supporters of lifting the ban believe more oil on the global market bring prices down for everyone, but others don't think so.

>> crude oil sold overseas can get about $10 more per barrel than in the united states. if teresa price for gasoline here while forcing us to the pen and other countries. >> a white house has not responded to the request. her next move, a move in congress, a bill to test the waters there. jon: unfortunately i do remember the oil embargo of '73. >> we were very young, but we remember it. jon: a wee lad. jenna: u.s. officials consider making talking cars mandatory, meaning the vehicle to vehicle technology that allows cards to communicate to help avoid accidents. we are concerned the government could start tracking you as well. >> that is right, jenna.

those who cherish the american tradition of freedom of the open road may limit this decision but it is coming and it will increase safety. there is little doubt about that. it is called v to v technology. your car is surrounded by 360 degrees bubble of collision avoidance technology. early studies show v to v has ability to avoid 70 to 80% of vehicle crashes involving unimpaired drivers. >> and it comes to v to v, it is also the case the drivers privacy is secured. the technology that does not involve exchanging or recording personal information, the way it works, it does not track movements. >> is that true? one of those who designed this priority say it is indeed a step forward in terms of safety but it is two steps back in terms of

privacy. in an age where algorithms can determine advertisements for your homepage or any face sites you visit on the web, your driving habits could be closely monitored by somebody outside the realm of your automobile. monitor every one of your potential driving infractions. >> the worry is cars are going to want to have some value add-on services, interact with information and say we can see you move too fast, maybe you want this insurance carrier. or you drive by starbucks every day, we have a deal with starbucks, maybe you want this discount. >> the chief lobbying of the automotive industry has thrown tepid support behind this to technology but added in a statement what remains to be addressed is security and privacy. the national highway traffic safety administration is

currently finalizing a report on v to v technology. we will see this technology in your car some years down the road. it is another step forward to the age where cars are driving themselves. hard to believe, but that is coming.jenna: thank you, we areg to be right back. l center. kevin, neill holley's on line one. ok, great. [ male announcer ] and we do. it's how edward jones makes sense of investing.

jon: clearing snow can be quite a workout especially on days like this here in the northeast. all the shoveling, scraping and plowing burns calories. according to new report from the national institute, even just shivering in the cold can help you lose some pounds. joining us now, with the louisiana state university health science center. kind of interesting, people who love to curl up under a warm blanket will hate the way they conducted this research, but they had people workout, tested their blood, check calories and all that, and then put them in

bed under a cooling blanket and took the temperature down to 58 degrees and what did they find? >> shivering is our defense mechanism that raises our temperature when we are hypothermic. what they found his shivering, the muscles are activated, they need calories to burn and it releases a hormone that then ask on the fat. the special kind of fat, brown fat, when it burns energy it releases heat. what is interesting about this is they found it can convert, this hormone can convert the white fat, the terrible fact lying around your body looking bad, too brown fat. brown fat has applications because people with more brown fat have a higher metabolic rate, mitochondria in it, they burn more energy. so there is implications for diabetes and for obesity. jon: you learn something new every day. i did not realize there was good fat you carry around in your body.

a fairly small study though, right? >> it was volunteers. not all fat is equal. that is the big take away from this. down the road there is a hope perhaps there is a chemical or a compound or a protein we can give to people that will help them metabolize better and also helps with glucose metabolism. that is the hope down the road but it is nowhere soon. that is why they keep the studio so cold, keep you shivering, right? jon: i am sure you are not advising your patients to walk out without a coat, right? >> no, absolutely not. jon: thank you. more "happening now" ahead. this is for you.

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tiered wedding cake and another cake this three hours. top three earn $500 and move on to the finals in march. that looks pretty col. >> pretty. >> i am sure you could be convinced. >> thanks for joining us. fox news alert. waiting to hear from the white house after the jaw- dropping testimony on the thorough affect of obama care. welcome to hq. i am bill hemmer. you are not alisyn. >> no, i am heather childress in for alisyn camerota. telling the house committee that the obama care creates a disincentive for people to work. >> our briefing room in dc, ed, republicans will say it confirms their warnings about health care and the economy and all of the stuff they said for three and half years