steve and all his family, our hearts are with you, bud. >> he's a great guy and they just had a chance to meet when he got kansas man of the year a couple weeks ago. >> what a blessing to have had that time together. >> and to have steve celebrate and everybody together. monday morning. fox news alert. it will be an emotional morning. one of the men involved in the murder of u.s. border patrol agent brian terry learning his fate. his death revealing the botched operation known as "fast & furious." hope you had a good weekend. welcome back to "america's newsroom." martha: good morning, everybody. i'm martha maccallum. all of this started just over three years ago. it was december 2010 when brian terry was killed in a gunbattle with mexican narcoterrorists. at the scene investigators found weapons that then started this

whole story. they were linked to the controversial program that became known as "fast & furious." bill: william la jeunesse has been on the story from the very beginning. live today from the federal courthouse, tucson, arizona. william? >> reporter: bill, as you know this represents just one chapter in what became a national scandal. today for the first time one of brian terry's killers will face justice and the family for the first time will confront him in court. >> i find myself mourning not only the loss of my son but the what ifs and never will bees. i will never see his handsome face again or hear the words i love you mom. >> reporter: josephine terry will say these words at the sentencing of the man that was convicted murder in brian terry's death. >> i need to know what they took from him. not just us from all the brothers in law enforcement. knowing you're not taking anymore of my life from me.

>> reporter: three years after his murder along the arizona-mexico border, the family made a long trek into the desert where brian died. the monument marks the spot with the deadly firefight with the deadly sinaloa cartel. he remains in custody and two others are at large. >> we're looking for accountability within the department of justice to understand who implemented this program and why. >> reporter: the weapons used in terry's assault belonged to "fast & furious" a u.s. government operation that put some 2,000 guns in the hands of criminals. knowing many innocent like brian terry could die. >> it was a proud mom of four children and now i have one that's gone but he will always have a place in my heart and he will always be my hero. >> reporter: now the family is still suing the federal government for essentially running guns that killed brian as well as the gun store. the gun store is also suing the federal bought for lying about

interdicting the guns and finally, bill the house is continuing to pursuit its content case against attorney general eric holder for withholding documents which they say will show a cover-up. back to you. bill: william, thank you. we'll be watching that from here. tucson, arizona, martha has more on this today. martha: you saw there the terry family is still fighting for answers from the obama administration. will today's sentencing though begin to give them some peace of the justice that they are seeking. coming up in just a couple of minutes we'll speak to brian terry's cousin and family spokesperson who has been so eloquent on the fight this family continues to fight. he is coming up moments away. bill: meantime fox news alert now. warningses of a possible attack on a flight to the u.s. out of south america. the u.s. embassy there warning americans to avoid flights on caribbean airlines and asking any americans in the south american country of guyana

to avoid flying home between now and wednesday of next week. the airline boosted security to its highest level. we're watching this throughout the day here. clearly four minutes past. martha: meanwhile reports that the united states may target an american terror suspect with a drone attack. officials say that the suspect is a member of al qaeda and is actively planning attacks against americans overseas. since the suspect is an american citizen, the justice department has to build a legal case against him before any action can be taken but some in the pentagon say this man is too dangerous to wait. lots of controversy there. new fallout today over obamacare and the contractor that was hired to fix all of those problems with the health care website, healthcare.gov. so the company, which is accenture, reportedly has a history of problems. just this past june it was recommended that the company be fired from all government contracts. so how did they end up with this huge job? stuart varney joins me now, host of "varney & company" on the fox

business network. that is my first question for you, stuart. >> martha, i can not answer it. i do not know why accenture got this 91 million-dollar contract because they're under fire for messing up, i guess you could call it that, previous government contracts. now they have been called in to replace the previous organizer of the website which was fired basically. in comes accenture and now there are problems with previous government contracts which accenture was hired. why they were hired, i don't know. but they are in the spotlight now as being heavily criticized for poor performance, ethical problems on previous government contracts. now i guess you could call this, martha, the monday morning update on obamacare's problems because this is another very big problem with how to fix that website. in comes accenture and immediately it has got criticism

it has not importanted well on previous government contracts. another mess, martha. that's where we are. martha: as you point out, there have been a lost ethics issues. allegations of kickbacks. allegations of bid rigging. they paid $63 million to settle those claims. it boggles the mind, stuart, we live in a country that has some of the greatest technological companies in the world. the fact they couldn't find a company perhaps had a better record to take over this job i think it is a real head-scratcher. >> it is. you and i every monday morning we go through the list of obamacare updates. i can't remember a positive. it is always a negative. something else has gone wrong. something else internally is messing up the finances of obamacare. another problem with the website. and today, another problem, accenture, criticized the past performance. now in charge of the website. it just goes on and on and on yet this is your monday morning

obamacare update and it is again a negative. martha: yeah. well, it raises a lot of questions about the competency of the government to run something this large and that i think is a fair statement. stuart, thank you so much. we'll see you coming up this morning at 9:20 on the business channel. >> thanks, martha. martha: background on accenture. it is a global technology and outsourcing company. they employ 211,000 people worldwide. they serve clients in more than 120 countries. so it's a huge, comprehensive company that has done lots of business all around the world. their contract to fix healthcare.gov, estimated at a cost to taxpayers at $91 million for one year. so they're bringing a lot of dough based on that contract. bill: one of the best college football players in the country revealing publicly that he is gay. michael sam is expected to be drafted in nfl. he is from the university of missouri, a terrific player and if he makes it in the nfl, that would make him the first openly

gay player in that league. >> i came to tell the world openly i'm a proud gay man. it is a load off my chest. i told my teammates this past august, i came out to my teammates. they took great. they rallied around me. they supported me and i couldn't ask for better teammates. bill: apparently he did tell his teammates about a year ago. he understands the announcement could hurt fist nfl prospects but hopes teams will look beyond the issue and focus on his athletic ability instead. we'll watch that. ♪ martha: there is the music. update on the winter games in sew think. american jamie anderson, did you see this? awesome. she was incredible. second gold medal in the olympic slope style competition that she received. the 23-year-old from california said she was freaking out during the high flying jumps but she stole the show. never gets old.

fantastic moment on the top pedestal. she calls herself a hippie who loves yoga meditation. finland won the silver. britain took the bronze to get their first olympic medal at a snow event. russia winning first gold medal at the winter games. this was team skating. this was spectacular. the american pair was amazing to watch. they took home the bronze. look at olympic medal how we stand. united states scoring two gold medals and three bronze for a total of seven medals so far. norway was the most medals with seven. how does that work, five. bill: tough to beat the norwegians. things going fairly well. so far so good when it comes to safety and security at sochi. all right, iran claiming its warships are steaming towards the u.s. shoreline. that country says they're sending a quote, message.

well, what message is that? kt mcfarland will weigh in on that in martie of moments. >> could atlanta be in for another disaster? remember a week or two ago they were crippled by just two inches of snow? atlanta and now they're facing another round of wicked weather. are they ready this time? bill: get ready, right. a wrong-way crash killing four fraternity brothers. witnesses describing what they saw on that road. >> what is wrong with him? what is he doing? is he drunk? is he, what is wrong with him? saying what is wrong with him. i got the surface 2. first of all, it comes with office and outlook. then, with free skype calls to phones in over 60 countries, i can talk to my cousins any time. and then, i got 200 gigs of cloud storage -- free -- so i can get my photos a stuff almost anywhere. others charge for that. surface is such a great deal. i feel like i should tell somebody. hey! ♪ honestly ♪ i want to see you be brave

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martha: north korea canceling talks with a senior u.s. envoy on the possible release of kenneth bae. the american is being moved back to a hard labor camp. he has been in prison in north korea for more than a year. the family is worried about his health and warns the physical labor will likely send him back to the hospital. bae is a catholic missionary who

was arrested for what the north koreans call unspecified hostile acts. the state department is concerned about mr. bae's condition. bill: want to get him home, don't we? iranian government says it is sending a message to america. deployment of this destroyer and supply ship carrying helicopters, deploying off the eastern coast of the united states. it comes out of the persian gulf in the straight of hormuz. in the past what iranians have done is use the suez canal to park off the west coast here of syria. it is our understanding this time they won't go through the suez canal but advance it one time for me if you could. they will come down here, around the tip of south africa and up toward the eastern coast of the united states. but the question remains, is this a serious threat or just bluster out of tehran? kt mcfarland is our fox news national security analyst and you've been looking at this for the past couple of weeks. good morning to you, kt. i think that is the question.

you're not quite sure what the whole message thing is about but how do you take this, serious or not. >> it is not aer is sears serious threat, iran said they will do this and managed not to pull it off the fleet of warships is two ships. they may threat 10:00 to get a sailboat in the region but to the nuclear powered attack submarines following this fleet, not a problem. bill: help me and our viewers out with this, when tehran says we're sending america a message, a message about what? >> i think it's a bigger picture in the sense that with iran, you know it is not what they say, it is what they do. usually what they do is something you don't see. for example, their biggest military threat in the entire middle east is not from the iranian military. it is from all those proxy militaries it pays for in hezbollah, syria, et cetera. in this case i think it is an example of what president obama called the leading from behind strategy. we're going to be leading but leading from behind.

it create ad job opening up front. the iranians and chinese and russians are all trying to fill it. so what you're seeing is something that you really haven't seen for a long time in american foreign policy, which is other major countries are kind of pinging us. they're trying to test. they're trying to see what can they get away with. russia doing the same thing with putin whether in the middle east or with snowden of the chinese are doing the same thing in the south china sea. what can they get away with? where will their military go where we won't challenge them. you will see a similar reaction -- bill: you're a navy woman. >> navy mom. bill: navy mom, okay. do the iranians have the ability to get that far? >> we don't know yet. bill: and to get back? serious question. >> really good question because they haven't in the past. they said, if you read the headline, sounds like oh, my god the iranian navy is coming to attack the east coast of the united states. they said stuff that like that

before but managed never to pull it off. remember iran said they had a cure for aids. so they're given -- bill: your initial answer is very interesting. we don't know. >> you don't know. bill: they can say what they want but until it happens no one knows. >> if it happens, i think it is not anything that's a military threat to us but we ought to understand that other countries are starting to nip at our heels. other countries are saying we see a weak america, america retreat, weak american president and we'll take advantage of the united states wherever we can anywhere in the world. bill: that is the bigger point. >> yeah. bill: u.s. navy defense official said, it is important to understand, we have announcement. they have stated this aspiration before. >> yeah. bill: have they talked this way before? >> they talk this way in 2011. two or three othercations saying we'll send warships a fleet of warships off the coast of america. what it does though, it shows iran is expansionist nation. the map where you showed you have the iranians, normally did

the loop, well that loop is new. normally iran stayed in the persian gulf but in the last several years iran has gone around through the suez canal into the mediterranean this is another example of iran that it has global ambitions and is a big power. bill: you raised a lot of great points. you said it is not the threats you see that matter but the threats you don't see. what do you mean by that? >> where the real action with iran is the nuclear negotiations. president obama said they will stop the nuclear program and they will not get nuclear weapons. they said, uh-uh, we never did that deal. we'll keep our nuclear program. iran in the past, with nuclear program it is not enrichment that you see, it is one they have kept hidden. the stuff they haven't revealed. the stuff they made you think there really wasn't anything there. that is what you worry about with iran, not what you see up front but what is behind the curtain.

bill: i should stay going back 2011 they said similar thing. we'll see if they're successful and carry it out. kt mcfarland. thank you for being with us today. martha? martha: the big question today, will brian terry's family begin to see some justice? as we await for the sentencing for one of the people involved in his murder, the family of the border agent waits for answers. we'll speak live with terry's cousin has become in all of this the family's spokesman. >> brian ultimately came home that chris has. -- christmas. we buried him not far from the house he was raised in just prior to christmas day. orking m of two young boys life could be hectic. angie's list saves me a lot of time. after reading all the reviews i know i'm making the right choice. online or on the phone, we help you hire right the first time. with honest reviews on over 720 local services.

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flying out of the marshall islands back to el salavador, the fisherman claims he drifted across the pacific 13 months after a storm threw him off coast, surviving on small fish, birds, rain water and turtles before washing up onshore on the pacific island. he thanked everyone for their hospitality. martha: very toughman. a survivor, and he doesn't deserve to be sort of suggesting maybe something else is happening. bill: well, i through the hooey card on his story. i haven't been proven exactly wrong yet on that. we wish him the best of luck. martha: absolutely. good luck with your reassimilation to society. bill: ships ahoy. martha: now there's a manhunt going on in virginia and questions whether there could be a cereal killer talk stalking -- serial killer talking victims in alexandria. police are looking for this man accused of killing a beloved music teacher.

this is the teacher. the victim, ruth an lodoto, another woman was shot and expected to survive. police are refusing to say if there is a connection in these cases. steve centanni is live in washington with the latest on this mystery. steve, what do we know about this? >> reporter: martha, there is symbol we don't know what. there is knock on the door and ruth answers the door and there was gunfire. she was a pillar of the local community living across the river here. she taught music to children and well-liked and. she was killed in the attack and another woman who provides care to her elderly mother was wounded but not critically. what possible motive could there be. police release ad suspect, older, white male, with gray or full beard. the community is grieving and police are investigating. >> we're going to do everything we can to catch whomever did

this. until we find out who did this and so forth, extra eyes and alertness is certainly important. >> every thought and every prayer for us is with the family. >> reporter: police say there has been no sighting of the suspect since thursday's attack, martha? martha: why are there questions of a serial killer? >> yeah. police say it is too early to say there is a serial killer on the loose but they would be remiss if they didn't investigate the possibility. here's why. the lodoto killing happened in a quiet neighborhood in broad daylight and well-known person is the victim that is the same pattern seen in two other killings within two miles of each other. the wife of a sheriff was shot and killed in 2003. and just last year a prominent transportation official was killed. they all happened at area homes and the killer or killers did not force their way in. police say they're looking at ballistics and other evidence that might point to the same gunman. martha if. martha: interesting. we'll see. steve, thank you very much.

bill: 26 past the hour. winter showing no mercy. another round of storms bearing down on the south yet again. this is only two weeks after paralyzing millions with ice and snow. martha: they're not going anywhere at this time. plus this story for you this morning. the family of u.s. border patrol agent brian terry will speak with us here live in "america's newsroom" as we await the sentencing, the first in this case of a man who was involved in his killing. >> i probably will think about, like his last words he said and, who was there to help him. and being a mom, you weren't there for him, you know. and that always bothered me.

bill: get ready, people. you have been warned again. there is snow for the south on the way yet again. people living in georgia bracing for another round of nasty weather only weeks after a storm paralyzed the region and left highways around atlanta looking like this. gridlock for days. people strapped on the highways until they gave up and abandoned their cars. many of them walked home. emergency officials saying this time they will be prepared. the west not having to wait. in oregon hit with its third storm in three days. the american west, frankly has needed this moisture. there is a drought underway in places like california. they have not seen in a generation. state police reporting at least 600 car crashes over the

weekend. travel conditions bad. great for skiers and boarders taking advantage of the fresh powder. major wash out in northern california. heavy rain triggered a mudslide. many say that the storm is double-edged sword for the drought-plagued state. >> you can see the bottom, see the rocks and see the dirt. there is pretty much nothing here last couple months. so we needed it. bill: boy, did they ever. despite the downpour, state officials say the drought crisis is far from over. they need a lot of moisture in that state. >> the this fox news alert. finally it is judgment day for a killer in the "fast & furious" saga as we await the sentencing here this morning from a man from mexico who was involved in the murder of the u.s. border patrol agent brian terry. his death exposed the gun trafficking sting that would become known as "fast & furious." prosecutors are pushing for 30 years in prison for this man who you see on the left happened

side of your screen but more than three years after his death, brian terry's family is still trying to get answers about this gun-running operation known as "fast & furious" and they have really have not at this point. i'm joined by robert haier, brian terry's cousin and the chairman of the honor brian terry foundation. robert, good morning. good to have you with us today. >> good morning, martha, thanks. good to be here. martha: obviously this has been a very emotional journey for your family. we have played many times on this program the moment when you were testifying in front of congress and you talked about the days before christmas when you buried your cousin. i know your family has some questions but i want to know, you went, all of you, to the scene of the crime for the very first time yesterday. what was that like and what did you learn by being there? >> well, martha, it was a extremely emotional day for josephine, brian's mom and his two sisters, kelly and michelle

and i and we made a very difficult journey into peck canyon outside of rio rico arizona, to the canyon that the firefight occurred on the night of december 14th and where brian died. that trip along with the court documents released this past week give us a far better understanding of the events what took place that night and give us a better understanding of how brian died. martha: yeah. you refer to the court documents which do talk about his last words and what happened in those moments and it's very, it's very sad no doubt for your family. what is the statement -- you will have a opportunity to speak, the family will today, at this sentencing. what will the family say? what do they want to get across today? >> well, from the very beginning the terry family has sought

justice, the truth and accountability. i think that the statements this morning will again ask for those things but also honor brian and tell the judge and the court the incredible young man that brian was, taken from us so early in his life. martha: you know, many families, sadly, lose loved ones in the line of fire when they are defending the country, protecting this country as brian was, but your family has been in a very unusual situation because you believe that the bun that killed him -- gun that killed him came from an operation that has been covered up essentially by the united states government. you have contempt charges filed against eric holder, who for a long time pretended that you know, he didn't know anything about this and a lot of discussion about what day did you finally become aware of this operation? for you, you feel like you've been stonewalled by your own

government at the same time you're mourning the loss of a family member. >> well, you're absolutely right and that is the worst part of this whole incident besides losing brian, and the government had many, many opportunities to bring this information to the terry family in the days after brian's death yet so many government officials lack the moral courage to do so. and we had to rely on congressional investigators. we had to rely on the news media. we had to rely on whistle-blowers to learn the facts, the weapons, that men that killed brian were carrying were weapons from operation "the fast and the furious: tokyo fas -- operation "fast & furious." there was no reason why this operation was devised and why it was put in place and fully given accountability of the individuals that were

responsible for operation "fast & furious." it is still disappointing three years later. martha: you're still fighting for answers. you've seen a lot of document that is are heavily redacted and you've hit a lot of stonewalls in terms of answering the simple question what happened to your loved one. i wonder do you feel any kind of kinship for the families in the same position who lost their loved ones in benghazi? >> absolutely. we feel their pain. we feel the pain that they are not only in their loss of their loved ones but their quest for answers. and the continued struggle that they face for those answers. martha: so today the sentencing, he is expected to get 30 years. there are to other suspects out there. can you tell what you expect will happen with this case as it moves forward? >> well, this day is all about justice and we believe that the

30-year sentence being asked by prosecutors for this defendant in particular is appropriate. as you know we've got two individual that is are in custody in mexico, waiting for extradition and we have two fugitives somewhere on the loose, we believe in mexico that need to be brought to justice. martha: robert, before i let you go, what would you say at this point to attorney general eric holder about this day and this case and about what you and your family still want? >> well the attorney general knows very well that the family continues to be frustrated and we ask that holed those individuals responsible and to release the documents that the family has been requesting all along that will give us a better understanding of why operation "fast & furious" was pat into place, who was responsible and, hold those individuals accountable.

martha: robert, you've been a very poignant and powerful voice on behalf of your cousin, brian terry and our thoughts are with you and your family today as you sort of encounter we at least hope a little bit of closure in all this but i know you have a lot of questions you still want answered so we thank you very much for being here today. >> thank you, martha. >> think how long we've been covering the story, so now it has come to this today. we'll watch it and see what happens from the sentencing phase today. republicans say president obama suffers from a lack of trust. really? house majority whip kevin mccarthy is here to explain what that's all about. martha: how fast was the beebs going? this is a burning question for some people when they busted hill in miami. wait until you find out. the gps, we know-how fast he was going when we come back. ♪ ♪

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see your lexus dealer. jo we just got our hands on brand new video of justin bieber putting the pedal to the metal. in his lamborghini in miami beach last month hours before he was arrested for drunk driving. according to the report he was not drag racing at time he was stopped but before that, they say he went 136 miles per hour in that car at some point. more to come on the beeb watch. later on. >> there is a real trust deficit right now that the speaker is facing and it's related to obamacare and the disasterous rollout. think about it. immigration means doing a lot of complex things well. in addition to that the administration keeps issuing executive orders to change the

law very frequently. so i think there is a trust deficit. bill: that word trust is something we want to pick up on now. new hampshire senator kelly ayote saying the president suffers from a lack of trust and she is not the only one. house majority whip, california congressman kevin mccarthy back in new york here in studio. nice to see you here in studio yet again. we first picked up on this last week when speaker boehner came out and said the president has a trust issue. what is going on with this message? >> this has been a problem for quite some time we talked to president about. he will have es poos of legislation and come out on a friday and decide i'm not going to enforce a certain part of that we always told the president, the more you do that, the lack of trust you build from republicans and democrats as well. if they believe they pass pieces legislation you will pick and choose what they have been law. bill: you say you have spoken to him about it. >> i know the speaker spoken to him about it. bill: how did he characterize that? how did he present that?

>> well the speaker brought up to him early on that what you're doing with even in health care has an effect on immigration because members believe if we passed an immigration bill and that had strong border protection you would not enforce that as pieces you picked within side health care. the president was kind of feedback from i got, didn't really think that much about that but that has built. look where it grows even on the democratic side i have members who come to me about it, jokingly say if we pass a piece of legislation i wonder which part the president will enforce of this one? bill: you talked about obamacare and executive actions. we have found going back to march of 2013122 executive orders, not just on obamacare but every executive order, according to the research through the federal register and whitehouse.gov. 122 going back to march of 2010. i don't know if that is a presidential record but that goes to the point that you're making, about when you pass laws

and you change laws, what does that law then look like? >> and then what does he say? i have a phone and a pen. he puts his state of the union that says i'm going to go around you. we have a constitution, that you should actually sit there and say i'm going to work with you. i will use the phone to work with you and use a pen to sign a bill we find common ground on. that is the frustration here. he plans to try to go around you so how do you work with him to start with. bill: republicans have an issue with this. do democrats have an issue too? what do you hear from your colleagues? >> i will hear number of democrats and difference having obama and clinton. clinton would call and work with them, where obama, they don't have much of a relationship. watch how they went down to the white house. you had reports back some of the democrats challenged him, and stood up why wasn't somebody fired for what happened with obamacare? then you read a story today in the senate where they really can't find a senator that's up for re-election one of the tough

states that wants him to campaign with them. bill: you're saying the democrats don't trust him either? >> i get a lot of feedback. bill: how many democrats? >> enough to stop a bill when you look within the senate. look what harry reid is doing. we have more than 160 bills that passed the house that harry reid won't even bring up because he doesn't want to put his democrats that are in these red states up on a vote with a challenge because they won't vote with him. bill: chuck schumer, democrat here in new york suggested over the weekend apparently, go ahead pass the laws and make sure they don't go into effect until 2017. did you hear him say that. >> i herd him say that. that is like old saying pelosi saying pass it we'll find out later. he is almost admitting pass it because the president does become a problem. pass it and have it go into effect after the president. is part of his discussion he is acknowledging that is real problem here? bill: do you think that is serious suggestion fro

schumer. >> every time i hear schumer say something i have to think twice. bill: we'll call his office and see what he says about that. talk about sew solutions though. if you're in a situation where you can not trust the president, a man who has three years left in office, and if you're arguing that the democrats, perhaps moderate democrats up for re-election next november, have a similar issue, what is the solution ultimately then? how do you solve that? >> have the house and senate work together. watch what we've been able to do. we got a budget agreement the president wasn't involved in. we worked to get a budget number for this year and next year. we seem to do much better without president's involvement in these items to be able to move forward. we need to write an agenda that creates jobs instead of the what the president has done, where you look, obama care bill. latest from cbo, 2.6 million people will be out of the workforce because of it. we have to find legislation that actually grows the economy and produces jobs. best way to do that, have the

house and senate work together much more than have the president tell us. bill: you think that can be the solution? >> i think that is the solution we have to look at right now. bill: kevin mccarthy, nice to see you. >> thanks for having me. bill: enjoy the visit to new york. it is beautiful out there. >> even though the snow is complaint we could sues some in california. bill: i'm sure you could as a california guy. great to see you. martha, what's next? martha: a college basketball player gets rough with a fan in the stands. wait until you see what happened there. bill: how marcus smart is talking. did he go too far? two deadly crashes on opposite side of the country with one thing in common. we'll tell you what happened here next. >> it is unfortunate we lost six family members. it's horrific.

♪ bill: going to the dogs here? new york city. some would argue we already have. the westminster ken null club dog show starts tonight at madison square garden, wraps up tomorrow evening. this year's show a little different with the addition of agility trials open to all dogs not just the purebreds. the westminster dog show is the second longest running sporting event did you know, behind the kentucky derby? who knew? martha: deadly weekend on the roads from coast to coast with crashes involving drivers going the wrong way. six people were killed in california when a driver crashed into on-coming traffic on a freeway. we go down to florida, where an suv also going the wrong waco lieded head on with a sedan early sunday. five people were killed in that crash, including four fraternity

brothers who were hit by that on coming car. sat e sad, tragic story. will carr live in los angeles with more. what happened, will? fill in the details here. >> reporter: martha, 11 people dead off two wrong-way crashes on opposite sides of country. here in california authorities say one of drivers in this wrongaway crash is in the hospital and suspected of drunk driving. authorities say at 4:40 sunday morning this woman was driving a chevy camaro the wrong way on highway 60 in l.a. county. she ended up crashing head on into a ford explorer with a family inside and hit a second car. the explorer was cut in half. the camaro completely destroyed. the driver survived somehow in critical condition and taken to the hospital. she has been charged with felony driving under the influence and

manslaughter. authorities say there is evidence of alcohol consumption found at the scene of the accident. >> it is unfortunate that we lost six, six family members. it is horrific. four of them were deceased on scene. two of them passed away at the hospital uc-sir vine. we have now one critical and a one party minor injuries. >> reporter: also early sunday morning in florida a ford expedition was driving the wrong way on i-2745 in tampa. witnesses say the driver seemed to be driving on a death mission. the expedition crashed into a car with four students from the university of south florida all members of the sigma beta fraternity. all four died and the wrong-way driver. at this point it is unclear if alcohol and drugs were involved in that crash. martha: what a tragedy. how common are these wrong-way

crashes, will? >> reporter: well, unfortunately they're just all too common in the case here in california, authorities say that that crash was 100% preventable. there is an ntsb sudden did i that came out last year that said every year about 360 lives are lost due to wrongaway crashes. unfortunately more than half are linked to alcohol. they have recommendations how to prevent the crashes in future and illuminating wrong way signs and putting more signs out there. martha, i'm not sure more signs are going to help when the people are so impaired getting on the wrong side of the interstate and don't realize it. martha: and people that are hit barely have a chance in these horrible situations. will, thank you very much. >> reporter: you bet. bill: obamacare letting down the very people it was supposed to help. why millions of americans are being hurt through a gap in coverage. we'll explain that in a moment. martha: it is being called the hillary papers. why one much hillary clinton's

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martha: and report this morning that millions of people may be stuck in the middle with obamacare. too poor to afford coverage and toandto rich to qualify for hel. we will unwind that for you. we can call it obamacare catch 22, perhaps. welcome to this monday. bill: i am bill hemmer, good morning. you think this would be the very people who would benefit the most from obamacare. low income americans living beneath the poverty line. but they are apparently victims of a gap in coverage. martha: as many as 5 million americans who make a little bit too much to get medicaid, even if it is $100 per week. but make too little to qualify

for the subsidies. the writer for "the hill." good to have you here. explain to us who is falling into this cap and why. >> these are a lot of childless adults more than 20 states around the country that have chosen not to expand their medicaid programs under obamacare. this became optional for stays as a result of the supreme court's decision in the summer of 2012 and a lot of at that point a lot of people praise the supreme court because they said states should have the option to either expand this program using mostly federal dollars or refuse not to if they oppose it. now what we are realizing is a lot of people will not receive government help even though they are destitute. that is result of the decisions the legislatures are making. martha: there has been this battle going on, mostly republican states where they said we don't want to expand our medicaid coverage, we cannot afford to do that.

so now it comes down to the question of whether or not expanding it would have put them in a better off economic position then not expanding it. give us a little bit of a background o in hall all that is going. >> even within the republican party is lot of division. something is better for states economy to have health insurance and be healthy. they tend to be better workers, work longer hours, they contribute more. so the public in general are and others came out in support of the medicaid expansion. inside was able to pass it last summer over the opposition of tea party legislators who oppose it. she sat that'll be good for her state and goodly healt good forh care system in her state. it involved less pressure of a health care system for people to have insurance. on the other hand there are opponents who say expanding

medicaid will make people more dependent on the government, and we see that as well. martha: what about the white house? to have a plan for people followinfalling between the cra? >> that is a good question particularly for people who maye a listen to this. those people will not fall under the individual mandate established by obamacare. that is what is so important. everybody in america for most part will be required to have insurance starting this year, but those people are given an exemption. if you would have benefited from it had the state expand the program, you will pay a penalty this year. martha: they will likely show up in the emergency room for their health care and a lot of issues that are combined for that. thank you, interesting piece. >> thank you. bill: here we go again. georgia's governor declaring a state of emergency after yet another winter storm threatened to slam the southeast, the snow and the ice crippling the south making road travel a real

nightmare. winter storm warnings in effect as several areas brace for round two. we will not forget this winter. how does it look now? >> the winter weather going up heading into tonight, but something to note, the carolinas and even across alabama and mississippi with the last round it was on hard-hitting weather and snow. this time around several rounds of winter weather. tonight into tomorrow morning and also throughout the day on wednesday. we will need several rounds of pretreating these roads. part of the reason for the winter weather is the stalled frontal boundary. part across the southeast. you can see the north of it nashville, little rock, low temperatures tonight dipping down to the 20s.

atlanta, charlotte, jackson, mississippi. you are right along the frontal boundary interacting with the cold air in place, seeing the winter weather in the form of snow, sleet and freezing rain so all of that will be possible over the next several days. widespread winters birdwatchers in the carolina, georgia, arkansas and louisiana. here is the timing on the weather. heading into tonight and tomorrow morning there will be a fine line of freezing rain, that area across mississippi and some snow to the north of the city of atlanta. and much more widespread winter weather event occurring wednesday and throughout the day wednesday into wednesday night with all of the snow, freezing rain, the snow will be accumulating a couple of inches possible cross the carolinas and a little later in northern georgia.

bill: no excuses this time? >> we know. the alert is in effect already. bill: we will find out together. thank you, area. martha: last time you have a horrible storm that paralyze them for days. only a few inches of snow, but there was a lot of ice and this is the story of all the people abandoning their car. more than 2000 cars left on the side of the highway. uncharacteristic weather system cost them really offguard. this time around the state of georgia planted to treat the roads early. that is a good idea, little sand on the roads and that may help. we feel that giving them a hard time because they are not used to it, but they knew it was coming last time. bill: the time of the data not help. good luck down there.

with the night watch folks. an endorsement for hillary clinton's possible bid for the white house coming from what may seem to be an unlikely source. in the new book, general david patraeus says what many consider to be hillary's biggest scandal, benghazi scandal makes her a better candidate. the qualities were most visible during tough times. in the wake of the benghazi attacks she was extraordinarily resolute, controlled. martha: newly released documents revealing past research on hillary clinton. polling shows they admired her as the first couple but many had concerns about hillary's political motive. chief washington correspondent james in washington, d.c. these are coming from a very close friend of hillary clinton keeping copious notes about the

relationship, right? reporter: that is right, martha. these were the papers from a political professor named diane blair, whom hillary clinton has declared as one of her closer friends. blair died in 2000. the washington freebie can reports these papers for the special librarian 2010 include papers related to the clintons spanning from the 1970s to y2k. in september 1988 during the impeachment saga when president clinton was discovered to have carried on with monica lewinsky and testified falsely about it then first lady had some harsh words for lewinsky corridor personal journal entry that the latter made. it was a lapse but she said to his credit he tried to break it off, tried to pull away, tried to manage someone who is clearly an narcissistic looney tune, but it was beyond control. the notes go on, hrc assist it

was gross and appropriate behavior it was consensual. it was not a power relationship and no with any real meaning. mrs. clinton also told blair she was not smart enough, not sensitive enough to understand the political attacks taking a toll on the present and partially explained his infidelity in that context, martha. martha: it is so interesting to read some of this back story and some of these documents came from bill clinton, right? >> this is an undated handwritten note by the future president probably around 1976, a year into his marriage. the note appears to have been written to a woman whom bill was having an affair at the time, possibly blair herself. the recurring shakes apparently coded reference to his desire to see the woman. he then goes on "by the time i could call last night it was too late and i was to spend.

today is thursday, i will be at the little place downstairs in the union, 11:30. if you aren't there, i will understand, and if you are, i will. at 3:30 this morning i fell asleep i celebrated erotic poem did it around 1950. clinton concludes it is been a while since i could feel something so sharply across 300 years." a lot more of this at the washington free begin website. martha: their history is always full of some juicy details and a lot of interesting stuff. james, thank you very much. bill: democrats tried to spin the recent report saying obamacare discourages people from working. >> you will have more time to write poetry i can figure out if it is a number or just a concept. that is great until you try to buy your grandkid a birthday present or pay the heating bill. give your interpretation of a point to the clerk.

they are going to want money. bill: here on "america's newsroom." but on democrats saying this is all a good thing americans already work too hard. where is the american work ethic there? he will debate it fair and balanced in a moment. martha: new fears terrorists could target our power grid. why this is a particular problem now. plus this. bill: that is a star college basketball player lashing out at a fan. is this ever okay? and what are the two saying today? >> it is something i will have to learn from, the consequences that will come with it. i'm taking full responsibility. this is all upon me.

bill: the sniper attack in silicon valley sparking new

calls for greater security to protect america's power grid. telling fox news it is a matter of great concern because whoever did it knew exactly what they were doing. >> we're hoping this was not a dry run, that is a great concern. one of the things i think it highlights is we put a lot of our focus on cyber security on the ability of terrorists to use cyber networks to bring down our grid and perhaps we've taken our eyes a bit off the ball of less sophisticated attacks that could be equally brutal or even more damaging. bill: cutting phone lines, knocking out 17 transformers took place last april. so far no one has been arrested the cause of that. martha: your reaction is both sides try to twist the news 2.3 million jobs will be eaten up by obamacare and a plan will create a disincentive to work.

those were the words the cbo had. our green the findings are good news. the publicans say it means the end of the american work ethic. >> people will be able to retire, people may be actually able to cook dinner rather than order out and get takeout. if you look at international comparisons country by country, americans work way more than average industrialized country around the world. >> how would you like to run for reelection if you were the house or senate based on obamacare with its rising premiums, worst coverage and now trying to convince you that you are better off writing poetry and you are working and getting money. i wouldn't want to defend that in a midterm election. martha: both are of course fox news contributors. good morning, good to have you with us this morning.

this is a hot discussion. kiersten, what do you make of the back-and-forth yesterday? >> looks, it is very clear the cbo numbers so people are choosing not to work. it is that people are laid off or jobs are being cut. it is a little misrepresentative suggesting there has been lost jobs because no jobs have been lost, people have chosen to do other things. it is not so much writing poetry as it is perhaps taking care of your children or an elderly parent. people are overstresse overstred working hard. i don't know why republicans are describing them as lazy layabouts. >> i don't think republicans are portraying them as lazy layabouts. it is given them an opportunity to not be in a job block. a bad economy for five years, we have nothing the job growth we need. and then this report shows 2.5 million people are no longer going to be necessarily in the workforce and to same players

haven't been cutting jobs. they have, we have seen employers if they are not hiring, they laid off workers as a result of obamacare. comparing us to european countries, one of the number one things as a problem with european economies is people aren't working enough and health care costs are too much. martha: that is exactly right. i see the comparison to europe on that many people might think is disturbing because the europeans have their way of life but what is uniquely american'ss people want to work harder, make as much as they can for their families. working two or three jobs to make ends meet. that has to be considered for a long time to be something that is, that has merit. >> just to be clear, jobs haven't been cut. the number of hours has gone down. martha: it means the hours that would be lost would equate to 300 million jobs. the fact remains the same.

the question is if you could work less and get your health insurance, would you go ahead and do that? being presented by alison at others is something that is a plus for american society. i think the other side thinks it is really not in the end. >> i think it is a plus. if you're somebody who had elderly parents to take care of or a disabled child coming all the way as to cut back on your hours, i think you probably think it wasn't a plus. in terms of the european comparison, americans haven't always worked like this. i grew up in a house where my parents were home at 6:00 and that was pretty normal, they were pretty successful people. i don't think it has always been normal to work the way we work. i like the way people are not locked into their jobs just for health insurance and working extra hours and can do other things including being with their families and their children. martha: i want to play this little bit from the walmart commercial, which i think is very interesting.

>> it is time to get back to what america does best. because work is a beautiful thing. martha: it is this overall philosophy, katie, that it is better to work less and perhaps have the government help you out a bit more. that is reall with the debate ts a question here. >> well, we've seen throughout history and the european models that doesn't work in the long term of economic picture. like i was saying, the americans work ethic is unique and not saying americans aren't getting home at 6:00, that is a stretch. he wants to talk about what is hurting americans getting home to get health insurance, it is obamacare. companies like ups cutting spousspousal insurance, other companies do that as well.

the way you get people assurances by allowing them to move from job to job. the way that happens is to have a stronger economy if jobs are available to do that. at this point those jobs aren't available. maybe people are locked in their jobs but it isn't because they want to keep their health insurance, but there aren't other jobs to go to to give them that flexibility. saying they shouldn't have to work will not help us know long-term. martha: thank you. see you next time. bill: so aol is doing an about face of a controversial comments from the ceo of that company. the comments about babies. we will have that for you. martha: the performance of the national anthem across 18 floors of a hotel has gone viral. more of this incredible video. you have to see this. some of the students that were behind it. it says here that a won's sex drive

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martha: that is the theme from "the untouchables." al capone miami mansion is back on the market, folks. eight and a half million dollars you can snatch it up this afternoon. where one of america's most famous gangsters lived out his final days. plotted the st. valentine's day massacre in 1929 in which seven members of a rival chicago gang were gunned down.

what did he go to jail for? bill: tax evasion. you hear something at nighttime, you think the ghost is back. a choir stirring rendition of the national anthem went viral, and this is so cool. the hotel guests at the hyatt in louisville, kentucky, captured kentucky all-state choir philly atrium with song. they posted the video online. watch. ♪ o'er the ramparts we watched, were so gallantly streaming ♪ ♪ and the rockets' red glare, the bombs bursting in air, ♪ ♪ gave proof through the night that our flag was still there ♪

♪ o say, does that star spangled banner yet wave ♪ ♪ o'er the land of the free, and the home of the brave ♪ martha: beautiful. bill: really glorious. later this hour you will meet two of those performers and you will meet the choir instructor very proud today joining us a little bit later this hour.

martha: really stirring, really beautiful. bill: well done. martha: new ammunition and the supreme court battle against obamacare is contraception mandate. both sides filing new legal briefs sc president of hobby lobby speaks out about all americans who want to run a business based on faith. bill: an outburst on the sidelines. a star player of oklahoma state right to bear shoves fan from texas tech. earning a three-game suspension for a player. the player is apologizing. but who is really to blame here? you will see the tape rollout, plus reaction. >> this is not how i condone myself, this is not how the program is run, this is not how i was raised. i let my emotions get the best of me. [ male announcer ] covergirl preses

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martha: a fox news alert, the supreme court showdown over religious freedom for business owners is taking another step forward. both sides in the hobby lobby lawsuit fighting against obamacare contraception mandate firing a new round of legal briefs today. and a fox news exclusive, the president of hobby lobby has agreed for the very first time to sit down for an on camera interview. shannon green joins me now from washington. did you get a sense the owners of hobby lobby had any idea what they were opening up when they started this fight? >> martha, in theory the green

family which now employs 15,000 people full-time knew this could wind up at the supreme court. i spoke to the president steve green about the case to provide cost free access to contraceptives. they believe they can induce abortion. >> the bottom line is a religious freedom issue. this is an issue that do people in america that have a business, unable to operate that business due to their deeply held religious beliefs? we always have and i never would have imagined a few years ago we would be in a situation for him to sue our own government that we love. >> if the company is forced to comply with the contraception mandate and refuses, it will be liable for $1.3 million in fines every day, martha. martha: how is the administration gearing up for this? >> it is standing firm. kathleen sebelius is standing by

the policy as it is written. the administration argues "the challenge probation, the mandate, imposes no personal obligations on the greens. instead operates the corporations they own and the group health plan the corporation sponsors. the provision therefore does not hurt in the greens individual exercise of religion, and the law does not entitle them to an exemption for the corporations based on their individual religious beliefs. beliefs." the decision is expected by june. billmartha: really interesting. one to watch. bill: there is a big sports story over into the news category today. oklahoma state has been in the top scorer marcus smart for three games. one of the best players in the country after he shoved a fan during the final seconds of the game this weekend. watch here now.

now, in the fair and balanced world here, that fan is yelling at smart when he lashes out drawing immediate technical foul. smart later apologize for his actions. part of what he said on sunday now. >> i have a lot of people who look up to me, lot of little kids. once again, i truly apologize, this is not me. i really do apologize for it. i take responsibility and the consequences that come with it. bill: he had a lot to say in that press conference. good morning. part of the reason we're doing this story is because it doesn't happen very often, if ever. you think about what, indiana pacers. >> ron artest and stephen jackson, that is the one everybody thinks about. bill: the player has been suspended for three games. i will talk about the fan in a moment.

what do you think about how one of the best players in the country has handled this? >> i think he handled it very well. people were talking with him gone first overall in the nba draft. he came back he could have gone to the nba last year, he could be there right now. all things considered, he handled it very well. he apologize, he said the right things, he has done the best possible damage control. bill: he is a very well-liked individual on that team and on that campus. now the fan from texas tech, he is like a super fan. he goes to all the games, clearly has some pretty good seats. he put on a statement and said my actions last night were inappropriate and did not reflect myself and texas tech, the university i love dearly. i regret calling mr. smart "a piece of," but i want to make it known i did not use a racial

slur at any time. there was allegation he used the n-word, he said that did not happen. what about this fan, two or three rows off the court. when a player comes in to him through the course of action, not like he walked up in the stands. >> you have been at sporting events, fans say terrible things. they are hearing horrible things from the fans, it is part of their job to just have a very thick skin and not react in that way. is it appropriate? should he be doing that? probably not. i don't like hearing fans yelling things like that with stranger or a real person, but you cannot push them. bill: the player has been suspended for three games. little much, not enough? >> it sounds about right. they could have been worse. three games, he might have been a little bit lucky with that. it should be worth noting the fan is not going to games

either. his own admission. bill: frankly he has become a distraction. >> i don't think texas tech is happy this happened at all on their court. bill: the draft will be a big deal for this player. does it affect his future? >> i think nba teams will not not pick him because of this. this is the second incident this year. a second incident where he had kicked a chair. i think the way he handled it, that will do enough to sort of make nba teams go for him. bill: they play again in three weeks. >> the next team he plays will be texas tech, but the next three games are big games. bill: i think it is interesting because it wasn't as if the fans were russian the court. he was sitting in his seat in the player came to him. i just want to emphasize that.

you are super fan, you're screaming the entire game. people have to realize players know where those fans are because they hear them. >> the only time you see that is in baseball a guy falls into the crowd and maybe he will eat popcorn or have a fire engagement with the fan. when they are up that close, this might happen. bill: i think it calls for another beer or something. that is what i am saying. "wall street journal," good to see you. martha, what is next? martha: this is next. the head of aol had to apologize after blaming exchanges to the company's 401(k) on obamacare and on to co-babies. what did he say that made him want to apologize? plus this. >> it is the perfect texture for running. very low-impact, your feet don't get wet.

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bill: this is unfortunate. a jog may want to rethink her routine after saying this to a reporter. >> it is a perfect texture for running. very low-impact and dry snow so your feet don't get wet. bill: and then she went running and found out snow and ice may not be a good idea after all. she said her parents have been watching that video go viral and they are laughing hysterically. at least she has a good sense of humor in portland, oregon.

martha:'s list has been the topic a lot of conversations this morning. aol ceo tim armstrong is apologizing after he moved to scale back the 401(k) contribution matches. saying at the time they had a lot of expenses and had two babies whose health issues had caused some pressure on the bottom line. he says this, we have a couple a learners who had distressed babies we paid a million dollars each to make sure the babies were okay in general. those of the things that add up into our benefits cost. he got a lot of heat for this. we're joined now by radio syndicated host and contributor of fox news. welcome to you both. great to have you here this morning. really unfortunate comment. what did you think? >> as mother of a child who died from a terminal illness, i was

shocked and appalled. in addition have federal privacy laws, as a ceo of the corporation as large as a well, he should know that. having said that, yet so tired of ceos blaming the affordable care act have any kind of health care but takes away from their own personal wealth. a lot of these people make seven digit salaries whether the company succeeds or not. they wor were the affordable cae act, these two lovely babies could not have had a pre-existing condition be benefits to cover them. so i get very angry when ceos don't care about health their employees over the wealth of their bank account. martha: what was your reaction to the common? >> obviously aol plans u to open up a chain of nurseries. with the guys that was clearly stupid. this is not armstrong's first ride on stupid. he fired an employee during a staff meeting.

this guy play for oklahoma state basketball, he would be shoving people in the stands. aol's reality is reality. she can defend all she wants or attempt to defend the formal cataract but it is not making people's care more affordable. they are likely to lose their benefits through their employer. obama knows that which is why he has laid the mandate three years past his term in office. they're trying to deal with the physical reality. a well is a struggling company. the news outlet is stumbling along. having to do with physical reality. martha: it does reflect and underlining reality to find ways to make ends meet. that includes making alterations to their 401(k) plan. there was a lot of outrage over

this. but i think it doesn't change the fact the dynamics are changing corporate america, and the government is looking to step in and provide more benefits, companies are looking to provide less, leslie. >> as we know historically anytime a company wants to have more money so they can have their yachts and their jets and multiple homes, what do they do? they take from their workforce, they take their pensions, they take their 401(k) plans. they take vacation time and certainly cut into the health care benefits. i think that is abominable in leading western society like ours, a leader in quite frank health care and technology and health. martha: big bad corporate america.

these companies are trying to keep people employed. for the most part what they want to do is have a thriving workforce and to take care of them as best as they can. michael, is it right to not acknowledge this company to under pressure that they were not under before? >> if companies run with $45,000 per year ceo, they can run it out of business and everybody can be employed. if you want people talked to enough to run a major company. if you can rescue a welcome your borderline harry potter, you're worth the money. if he gives everybody employed, that is a win for everybody else. at the same time he is not cutting off the 401(k). people like myself who work for myself, i pay myself a 401(k), they will give them some contributions. he is trying to find a balancing act here on rewarding employees and keeping the company open. martha: thank you very much.

an unfortunate comment, families affected were none too pleased as you might imagine. they have reversed their policy on the 401(k). we will see you next time. bill: jon scott coming up. the start of another week. jon: fallen through the cracks of obamacare. the flight of americans now caught in a catch 22 between paying bills and buy medication they need. we will get into that. plus, e-mails in the amanda hayes trial gives jurors a look between the accused killer and her husbands dead ex-girlfriend. the messages and what those coming to the case. and there's a new study on caffeine and kids that shows cutting back on soda might not solve the problem because some foods that contain a lot of caffeine will surprise you could be causing problems for your child. all ahead on "happening now." bill: the video that has gone

viral, hundreds of students singing the national anthem inside a hotel atrium. how did this happen? meet two of the students behind on incredible performance. ♪ o'er the land of the free, and the home of the brave ♪ hello? hey, i notice your car is not in the driveway. yeah. it's in the shop. it's going to cost me an arm and a leg. that's hilarious. sorry. you shoulda taken it to midas. get some of that midas touch. they tell you what stuff needs fixing, and what stuff can wait. next time i'm going to midas. high-five! arg! i did not see that coming. trust the midas touch. for brakes, tires, oil, everything. (whistling)

martha: in australia firefighters battling 28 out-of-control fires outside of melbourne right now saying there is no grievance insight. it is threatening thousands of people and homes. residents in some areas according to media reports told it is too late to leave at this point. they need to seek their own protection.

australia seeing its worst fire since the '009 black saturday fires that killed 170 people and destroyed almost 2000 homes. ♪ o'er the land of the free, and the home of the brave ♪ bill: i mean, they are really good. that is video of a young choir performing the national anthem in louisville, kentucky. hotel guest captured require stirring rendition. now meet two of the voices behind it. kentucky all-state chorus seniors.

good morning to the two of you. there is enoug a nasty delay one satellite, so we will take it one at a time. blake, i thought you guys had gathered in the atrium, you heard the acoustics, so you strategically placed different singers and different floors to create the best sound. it is actually a tradition that takes place every year at the championships before bedtime, tell me about that. >> well, when we made all-state, our choir director told us that you will be amazed by seen the national anthem every night. we had already heard about it before we went, so when we got there that first night, we were confused as to how it would work. all he knew what to do was to go out of our hotel room and stand on the balconies and come 11:00 i see all of these high schoolers, 18 of these floors,

somebody gives us our first note at the bottom in the lobby and we all collectively go for it. like you said, it just sounds amazing and being a part of that experience was more amazing than it sounds. bill: really, is beautiful. caroline, the first year you have done it, that you pretty spit in this. apparently lights out at 11:00 at night. so when blake describes the pitch and the tone and the sound, together you come together, what does that feeling like for you as a singer when you hear that? >> well, it's unbelievable. this was my first year, and getting to be a part of something that was bigger than ourselves, it was something with all of these high schoolers coming together.

we were like minded getting to do something that is so familiar, something we really love doing together. it was really unbelievable and something that was so beautiful and the sound was great, we just loved getting to be a part of it. something i will never forget and i loved getting to be a part of it, for sure. bill: congratulations to both of you. you are terrific young men and women, so thank you for sharing your story. you have made a lot of people proud, so thanks. lexington, kentucky. martha: great story. all right, so the first repair the crippled obamacare website have faced a new obstacle. the company hired to fix it all is now under fire themselves with a troubling history of stumbles and some ethical issues as well. we will be right back.

bill: really fantastic young people there. martha: they're wonderful and cute and fresh-faced and have beautiful sings voices and --

bill: got it together. martha: our friends in the snow, good luck with the snow because we'll watch it as it goes through the day. "happening now" starts right now. bill and i will see you later. bye-bye, everybody. jon: that was a great song. breaking news on today's top stories and brand new headlines you will see here first. jenna: a new report showing millions of americans can't get health coverage now because they're either too poor or too rich. we'll explain. the killer of border agent brian terry will be sentenced today. terry's murderers use ad gun sent across-the-board by the united states in the botched fas and furious operation. we're live from the courthouse with that. iran releasing a video on what it calls a merciless attack on israel and u.s. interests. what that will look like. it is all "happening now." jenna: but first to our top story. brand new concerns over