he should give them a training lesson if they are new gun owner. maybe some flowers or chocolate might be nice. bill: just giving some ideas. have a great day. martha: goodbye, everybody. we will see you tomorrow. jenna: we have a fox's alert for you now. senator rand paul announce a class-action lawsuit against president obama, the nsa and the fbi over the sweeping collection of americans phone records. senator paul click in the government is violating the fourth amendment banning unreasonable search and seizures. you can see the announcement live on foxnews.com a half hour from now. live report and judge napolitano will join us on "happening now." and right now, breaking news on the top headlines, a brand-new story you will see here first be

at jon: a storm of catastrophic proportions slams the south. making traveling impossible in the hardest hit areas. where it is heading, we are live with that story. and teens are more stressed than adults. we will tell you why and what thitmeans. dozens of car seats recalled and the ntsb once millions more taken off the shelves. the danger parents need to know about all "happening now." and good morning to you, hope you are hanging in there in this pretty terrible weather. i am jon scott. jenna: i am jenna lee. more than 100,000 customers are without power in georgia, 30,000 in south carolina, and those numbers have been growing all morning.

there is the explanation. hundreds of flights cancelled at the nation's biggest airport in atlanta causing a ripple effect across the country. the national weather service calling this a one-two punch. a catastrophic storm saying travel will be impossible in the hardest hit areas. live with more on this now. jonathan. reporter: right now we're overlooking the downtown connector where interstate 75 and 85 converge and stayed together for several miles through the midtown and downtown area of atlanta. it is normally busy 24/7, but here it looks like a ghost town. people are heating the warnings from local and state officials to stay off the roads if at all possible. the dot has pretreated interstate system and kept open at least two lanes in either direction open for emergency vehicles. you still have to get the

ambulances in, the fire trucks and dot trucks coming through and vocational citizens and truck drivers coming through with loads. there are reports of accidents throughout the area, but nothing like what we have experienced in the last winter storm some two weeks ago when people went to work, and when the snow started falling all tried to go home at the same time. lessons learned, atlanta and state officials vowed to err on the side of caution and they did exactly that issuing warnings very early in all this and perhaps avoiding this situation from being much worse than it currently is. as for power outages, more than 100,000 customers statewide without power. but the numbers keep increasing and we anticipate they will get much higher before this storm is over. neighboring south carolina reporting nearly 30,000

customers without power. officials are telling people not only to stay in their homes but be prepared to live without power for a couple of days and be careful when using alternative heating devices. people will use heaters not intended for indoor use and will get carbon monoxide poisoning. issuing another warning to exercise caution and common sense when it comes to heating up your home. jenna: how are things in your neighborhood? how are things in your house? reporter: my wife, thankfully, is much more cautious than i am and she stocked up on groceries before this thing hit so my wife and son are doing just fine. but as a precaution, fox actually put my crew and me up in midtown hotels so we could be

close to our live location because we weren't sure if we would be able to get into work this morning with all of the ice on the road. jenna: sounds like a good precaution and sounds like you married well. reporter: i did, indeed. i love you. jenna: you are welcome. talk to you later. jon: he just saved himself some flowers for valentine's day. politics now and new fallout after the g.o.p. leadership eventually caved into the president's demand for so-called clean bill on the debt limit. approving an increase without any strings attached. no condition. mark a dramatic shift in tactics from a few months back. you may recall that resulted in a 16 days shut down in october. polls showing the g.o.p. people like house speaker john boehner and more conservative tea party members took most of the blame, combined 42% of the total blame

them for the government shutdown, 24% blamed the president and about 9% blamed congressional democrats. g.o.p. apparently did not want to risk the same reactions, this could be part of a larger strategy for the upcoming meet midterm election. joining us now, fox news contributor as well. senior editor at "the daily caller." another shutdown was not in the cards, republicans essentially got spanked last time by the voters and they were not going to go down that path again. >> there was the prospect of raising the whole issue about subsidizing insurers in obamacare. a lot of lawmakers on the right wanted to use that to get a debt deal. here's what is going on in john boehner's head right now. what happened last fall, the government shutdown, the republican party's approval

rating dropped to the lowest in history. right now the main issue going into 2014 where the republicans have a chance to get the senate and the chance to pick up seats in the house, the main issue is obamacare. john boehner did not want to transfer the conversation to why they are destroying the financial market without raising the debt ceiling. jon: you mentioned the bailout, republicans have been talking about attaching something to the increase in the debt ceiling that would say okay, mr. president, here is the amount of money you get to spend, however they will be no bailout for insurers. some thoughts on that, we will play that and then i will get to you. >> you talk about the bailout as the overwhelming majority of americans who will say no. if you're going to risk the debt ceiling were shut down the government you have to choose an issue for which you know you have 80% of the population.

they would easily have that, and i would like to see the democrats defend the bailout and risk the debt ceiling, but there weren't enough republicans in the house who would do that and thus john boehner had no cards and it was the right thing to do given his circumstances. jon: did john boehner have any cards this time around? >> the truth is john boehner tried several options tied to the debt ceiling, the keystone pipeline, insurer bailout, restoring some cuts too much of that occurred in the deal in december, the caucus was not unified, so at the end of the day, john boehner decided to fold as he said because obamacare is what he wants the republicans to focus on going into the midterm elections. another shutdown he was afraid whawould hurt republicans like e

one in october. if there wasn't a single issue the caucus can rally behind, it was probably best in his mind to go with a clean debt ceiling deal and that is what happened in the end. jon: the president gets a clean increase in the debt ceiling, no strings attached. republicans come out generally unscathed except maybe more conservative voters and tea party members who really want to hammer this debt thing. let's look forward now, it is all going to be about obamacare? >> well, that's the hope. if you keep it about obamacare, that really helps republicans in the 2014 election. why? there are six seats standing in a way between republicans and control of the senate. if they do control the senate, that is a great opportunity to actually do something about the debt. those senate seats are in states

that tends to be red leaning, republican leaning states where there is a lot of concern about obamacare. there are ads already in those states reminding people the president and democrats had promised you could keep your insurance, you can keep your health care and the promises broken. jon: with the focus of the upcoming elections primarily on obamacare from the republican side, democrats will be looking to change the subject, is that why the president's signing the bill today increase the minimum wage on federal projects, that kind of thing? >> you heard talks about income inequality. but the problem is a fox news poll recently showed last month american people are not that caught up in them, quality, that is not an important issue for them. obamacare is the overwhelming issue that affects people of all ideological stripes whether you

are democrat or republican if you see your health care significantly altered and see things you expecte expect it ton not happen because the president told he was not true, that may cause you to vote against your party that you usually do and vote for republican in the upcoming election because you are so disaffected. you really could see a wave election like you saw in 2010. that is why they want to keep their focus on obamacare. jon: thank you both. jenna: another major story. pension amounting, this is why. leasing 65 dangerous detainees for meritorious afghanistan prison outrage because these men are bomb experts with american blood on their hand. jennifer griffin at the pentagon with more.

jennifer. the poor messias capture some of the deadliest terrorist be undone in one day as president karzai is set to release 65 detainees from the notorious prison tomorrow. seen by many as a way to appease the taliban trying to negotiate with them before the u.s. withdraws. members of congress express their anger to this. >> i will be introducing an action, urging my colleagues to cut all developmental aid office can stand response until after the next election of the 88 individuals who question over 60 coalition forces have died as a result of the action of these 88 and i consider this a major step backwards in our relationship. reporter: the men he is set to release have american blood on their hands and 17 are directly length to car side bombs.

13 tested positive for residue when they were captured. it is a second major setback this year. these are said he refuses to sign a security pack that will keep some u.s. forces in afghanistan beyond 2014. >> we have to deal with him right now and undercut all along. with his administration, terrible relations. we try to put a taliban on this and had to pull it back. he does that is a signal we were undercutting him and his power. the >reporter: he said they uphd their deal. jenna: thank you very much. what does this mean moving ahead for us in afghanistan? who will talk about this with ambassador john bolton coming up in just a short moment. jon: stressed-out teenagers. they may not be exaggerating.

we will tell you why life may seem more stressful for teens and adults in this country. the family terrorized on the highway. the road rage suspect signs of their car repeatedly. just trying to get out alive. take a listen. [screaming] >> he broke my window, he broke my car. i am freaking out. he is trying to kill us. please, someone. it works, simple as that. it's a natural source of fiber and 5 essential vitamins. it's the smart choice for me. try sunsweet's amazing juices and new amazing prune light. [ chicken caws ] [ male announcer ] when your favorite food starts a fight, fight back fast with tums. eartburn relief that neutralizes acid on contact

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jenna: a fox news alert, big story in washington, d.c. if the president of freedom works, a big group representing the tea party movement. he is joining in a lawsuit with senator rand paul. that is the lawyer in the case that he is filing today. class-action lawsuit against the

president, directors of national intelligence, the nsa and the fbi over the collection of american phone records. rand paul was at the podium and he says this is the largest class-action lawsuit filed on behalf of the bill of rights. this is a lawsuit out of respect for the constitution and that is why they are filing this today. they are alleging the federal government is violating our fourth amendment. which bans unreasonable searches and seizures. just said they are filing on behalf of anyone who made a phone call in this country after 2006. the big case. judge andrew napolitano will join us. what does it mean moving forward for the program that the nsa still has in place? watch more foxnews.com. jon: a father in north carolina being hailed as a hero as police release a 911 call from a terrifying road rage incident, a

suspect accused of running down the man and his daughter smash into their car and then following them into the parking lot and chasing them as they ran for their lives. here with the latest. >> i just spoke the father's sister who believes her brother's actions truly saved lives. the 911 calls painted chilling picture of what the father went through as he was trying to protect his teenage daughter and himself from a driver who seemed hell-bent on causing them harm. >> look, he broke my window, broke my car. i am freaking out, she is upset. they are trying to kill us. please. >> he can be heard pleading with the 911 operator to help him after his vehicle they repeatedly rammed by men identified.

>> he hit me three times now. trying to figure out what his point is. he just hit me four times now. >> he followed his daughter inside the store to have him pursue him and chasing around the cash register. police were able to take him into custody. cops said is no indication the drivers major other, but the investigation is ongoing adding he was taken to a local hospital after his arrest and set whole and is currently located at an undisclosed facility. these into counsel's assault with a dangerous weapon, one count of careless and reckless driving and one, simple assault after he kicked a worker and bit a firefighter at the scene. father and daughter badly shaken from the attack were not physically injured, thank goodness. jon: we'r talking apostolate hef drug abuse?

>> they don't have any results back yet. jon: sounds like angel dust or something. thank you. jenna: we have another scary situation tell you about. a deadly certain way for teenager and an elderly man kidnapped by a man with a knife. latest on the search coming up on that story. and the investor talking a growing tensions between interstates and others as a tight appease tell then releasing the most dangerous prisoners. currently held in afghanistan, is he putting us in danger, and what we can do about it.

jon: just in, new details on a desperate search for teenager and an elderly man. the para carjacked at knife point yesterday. the latest from the breaking news desk. >> to the this happened around 12:50 yesterday afternoon. teenage girl and elderly man kidnapped from the parking lot of a safeway, a large grocery store chain. the one in the lincoln square center. they did not appear to know the suspect. limited details in the vehicle, a 2001 red four-door sedan. oakland police are asking the public to be on the lookout for a red sedan with california license plate. here it is. i will mention it to you again.

a black man in his 40s about 5'7" with salt and pepper hair, he weighs about 100 6'5" pounds and was wearing blue jacket and in the safeway store prior to the incident. he was inside the safeway, apparently trying to steal something. he then fled the store and approached the suv which we are now believing it is in a sedan. police say multiple customers and employees witnessed the attempt and others outside saw the carjacking. on the lookout for a 2001 red

four-door sedan with a california license plate. now, inside the vehicle believes to be the suspect and two victims, a girl 13 years old and an elderly man. anybody who sees the car should immediately call 911. jon: scary story. thanks. jenna: growing outrage over the actions in afghanistan current president. the u.s. military is announcing the planned release of dozens and dozens of some of the most dangerous prisoners. just another sign that it states in afghanistan did not seem to be able to resolve some major differences. while the united states has thousands of troops, tens of thousands of troops on the ground and in afghanistan. let's bring in john bolton. a basic question, how could we let this happen? >> i think this is a reflection of the deteriorating situations

between the united states and afghanistan. not the personality of him alone, although i think he is nearing the end of his term. i think it is fundamentally goes to the belief in afghanistan as in washington that the united states is on the verge of withdrawing. even if we ultimately sign the status of the successor that president obama really wants to get out, so the calculus in afghanistan is who is going to win at this point and the answer is the tell them. jenna: he only has about six more weeks in office. how important is that and in the span of six weeks, can we waited out? potentially negotiate something different? >> i don't think we will get anything from him, so the immediate question is to wait i think that is probably best. it reflects a lot of bad decisions over the long stretch of time.

again, fundamentally because the afghans across the board did not think the united states has the staying power necessary to fight the long struggle, so they are not moving out of afghanistan, they are looking at what their prospects are ones we are gone. jenna: how big a deal is it that those who have killed or maimed so many u.s. soldiers are released? >> it is huge. the military is quite properly concerned. not only are they threat the remaining force in afghanistan but worldwide. the notion he is trying to buy space with the taliban or whatever, strange logic he is following, that will make things better is contrary to reality. jenna: our viewers are familiar with a soldier we often had on, i often wonder the man who built that ied could be one of the men who they are going to release.

why is he not executed? >> i think we have mishandled this aspect of war on terrorism for a long time. we're not talking with the american criminal justice. they were not accused of knocking off the local supermarket, they are engaged in the war against us, using terrorists unclench a means, we should treat them as enemies in war. jenna: part of the pack we had on air, he said we are in part to blame the relationship we had with karzai. but any changes we can make? that would change the path we have already laid out in afghanistan? >> i think he sees the barn door in front of him and he is not going to change the doesn't mean his successor will be better to deal with. almost any alternative at this point leads you into that. things will get worse and that

is part of the problem. the ultimate question here is the strategic perception of the united states and the perception afghanistan and around the world is weakness. jenna: there are concerns about how dangerous and deadly it can really be. great to see you, as always. john. jon: a very public move, part legal, part politics. he is announcing a class-action lawsuit over the massive data collection of american phone records. is that collection unconstitutional? live in washington with the latest on that. they sniffed and survey finds teenagers really are stressed out. coming up, the major source of tension in their lives.

jon: still to come this hour, a class-action lawsuit against foelligence officials in washington including president obama. senator rand paul and thousands of others filed it seeking relief from the government's surveillance program. new information on a story we told you about yesterday. the white house deciding whether to order a drone strike on a u.s. citizen believed to be plotting attacks on americans with al qaeda. we have a great question from one of our viewers and we're going in depth on this controversial topic. the teenage years can be tough but a new study shows they are dealing with even more

stress than their parents. we'll tell you why they think so coming up. jenna: this just in. senator rand paul wrapping up his announcement of a class-action lawsuit over the nsa's massive collection of american's phone records where he just named the president, the directors of national intelligence, nsa, fbi, in a suit claiming that the federal government's actions violate our fourth amendment. chief intelligence correspondent catherine herridge is live in washington with more on this. >> reporter: thank you, jenna and good morning. as you mention ad short time ago at the district occur here in washington, d.c. senator rand paul announcing that class-action lawsuit that seeks to end bulk collection of americans phone records and existing records for the nsa to be purpled. be purpled. it is being brought against the president, chief intelligence director, james open my. the smart claiming it's a violation of fourth amendment

which seeks to protect against unreasonable search and seizure. >> there is huge growing swell of protests in this country of people who are outraged, that their records would be taken without suspicion, without a judge's warrant, and without individualization. this we believe will be a historic lawsuit. >> reporter: also on capitol hill this hour the group of private experts appointed by the president to investigate whether the nsa's collection of american's phone records and the collection much email content overseas are legal. they are testifying before the senate judiciary committee. one of the themes today is that the administration claims that the programs are legal, is inconsistent with some of the panel's findings. >> is it fair to say from your report that the present bulk metadata collection program is unjustifiable under existing law? >> that is the conclusion of the majority of the board, yes. >> it is illegal?

>> reporter: both at senator paul's news conference and hearing on capitol hill that ultimately the supreme court is going to need to weigh in on this issue over whether the bulk collection of americans phone records, we're talking over 300 million individuals affected is in fact consistent with the constitution. jenna: fascinating question. catherine, thank you. >> reporter: you're welcome. jon: the days of being a care-free teenager may be gone. according to a report by the american psychological association teenagers seem to more pressure than adults. it is taking a toll on their health and diets. the questionnaire has been tracking stress level on americans. during the school year, teens average 5.8 out of 10 on a stress scale. the normal level, 3.9. by comparison, adults averaged a

lower number, 5.1 on that scale. one of the biggest problems facing young people and how can we help them handle all of this? dr. charles williams, drexel university psychologist. i was really surprised. you think of teenagers as not having that much responsibility. i still have got a 16-year-old at home. i see what she goes through when it is time ahead of a big test or when college applications are coming due. that is really affecting the way our kids, you know, go through life these days, dr. chuck. >> you know, jon, thanks for having me on. you say you have a 16-year-old daughter. so i can imagine you have your own stress to deal with. jon: she is pretty easy but go ahead. >> but had this discussion in my developmental psych course at drexel, the things that impact adolescent development and one of those major things is stress. believe it or not teens are under a lot of stress. they have to perform at school. they have to perform at social relationships. they're finding themselves.

they're exploring their identity. they're preparing for the work world. they're trying to do well academically, filling out college applications. it's a lot. so they are stressed. jon: the methods they turn to try to deal with stress, in other words to try to relax are not necessarily helpful. >> right. and that's the crux of the problem. so the staying up late on social media, twitter, instagram, facebook. the texting at bunn and 2:00 in the morning. playing xbox, with madden, assassin's creed, whatever game they like into wee hours of the night, not getting any sleep, those activities are sedentary. which means they're not moving, not being active. that is linked to our obesity issue in america. also obviously if you're staying up late you're not sleeping. one of the way the body heals, one the ways we can be at our best cognitively when we have sleep. a lack of sleep can do a lot of damaging things. jon: it doesn't necessarily go

away during summer vacations. in fact, the research find that the teens feeling stressed during the summer is still about as bad as it is during the school year so. >> right. jon: what do we as parents -- >> sorry, jon, i was going to say quickly about the summer. they're thinking about the school year. so they're stressed out about that. taking classes again. what is going to happen. as parents one of the things you can tell your kids, it is okay to be a kid. part of your responsibilities is to be able to relief some of that stress from them and tell them, don't be overscheduled. don't be involved in every activity. know how to be still and just relax. also, make sure they're getting to bed on time. make sure they belong to a gym or involved in some sort of extracurricular activities because exercise can have a very positive, profound impact on stress but beyond that let's remember that not all stress is bad stress. some stress is good. it motivates you. gets you out of bed in the morning. makes you want to be better.

we can't just say we'll throw the baby out with the bath water last things i would say, part of your job as father and a 16-year-old is teaching our kids how to manage stress. as we all know, stress is a life reality. jon: certainly none of it in my job, so. >> not in the news business right. not in the cable news business. we're not competing or anything. jon: no deadlines. none of that. dr. chuck, no i love this job. dr. chuck, we appreciate the insight and -- >> always a pleasure, jon. jon: hope it help as lot of parents get their teenagers help. jenna: when i saw the headlines about teens being stressed i rolled my eye as little bit. now that think about it, you couldn't pay me enough to back to high school ever! jon: high school is stressful enough. you throw in pressure, getting into the good college and all that stuff, that seems to be a lot tougher now.

jenna: a little bit more understanding i see. as the white house mulls legal justification for using a drone strike against an american citizen plotting attacks with al qaeda overseas one of our viewers sent us a very interesting question asking, does the fact that al qaeda is a terrorist organization and not a state or a country play any role in the legality of trying to go after this person? we'll go in depth on that question. plus a major car seat recall that the government fears is not going far enough. the dangers every parent needs to know about coming up.

jon: right now a major recall to tell you about for a popular child safety product. more than three million baby car seats at the center of this recall. the national highway traffic safety administration threatens new legal action if the company refuses to recall nearly two million more. arthel neville has details at the breaking news desk. >> >> yeah, jon, federal safety

regulators saying graco did not go far enough. it is unusual move the national highway traffic safety administration sent a letter to graco threatening a forced recall if graco does not fix even more seats. the details on the current recall for you. close to 3.8 million car seats recalled because faulty buckles can make it hard to free the child in a emergency. listen up now to see if your child's car seat is on the list. we're talking about faulty seats, model years, 2009 to 2013. here we go. the cozy kline. comfort sport, classic ride 50. my ride 65. my ride with safety surround. my ride 70. size for me 70. smart seat, nautilus. nautilus elite and argos 70. the problem with these models, according to these parents complaints, they had to cut the straps to remove their children n one case it took 45 minutes for a mom to free her toddler.

and that worked only after the straps were loosened and her little girl was squeezed between them. you remember federal safety regulators want graco to recall 1.8 million additional seats. the rear-facing models used for infants. they are the snug ride. snug ride 30. snug ride 32. infant safe seat. step one. snug ride 35. tutonia 35 and snug ride click connect 40. graco insisted those seats i just mentioned don't need to be recalled because if a buckle does jam, you can just detach the whole car seat from the base. the graco representative said if you're having trouble with dispatch of car seats. give them a call. they will replace it for free. last month the safety agency began investigating similar complaints about child seats madegy evenflo company. they use similar buckles made by

the same company that graco uses. serious stuff, jon. jon: it is. at love parents will check it out. we have the full list on our website at foxnews.com. if you didn't catch the names that arthel just read and there were a lot of them. check it out, foxnews.com. arthel, thank you. >> sure. jenna: the justice department considering legality of using drone strikes against an american citizen overseas working with al qaeda coming up. the challenges of pursuing a case if they are. of the challenge that is critics are making them out to be. the fact that al qaeda is a terrorist organization, not a state or country play any role in this conversation? we'll take it up next. [ police radio, indistinct ] the comeback trail. there is no map. no mile marker. no welcome sign. one day you may find yourself here. to carry you he.

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jenna: white house mulling the legal justification for drone strikes against the u.s. citizen

who has reportedly killed americans overseas and is plotting more attacks. former attorney general michael mukasey on our show yesterday said we should go after the unnamed american overseas who is colluding with al qaeda because he has forfeited his rights by working with the enemy. i compares the case with one from world war ii when the u.s. government executed americans after discovering they were working with our enemy, germany. one of our viewers had a really interesting question. since al qaeda isn't a state or country but entity or organization does that present a challenge to our laws when such citizens may lose their rights and be targeted? does the distinction matter? joining us mccarthy led the case against the suspects of the world trade center bombing. great person to talk to about this. excited to have you here. does that matter whether or not you're at war with an entity or a group how you can treat an american citizen who is colluding with the enemy? >> doesn't matter.

congress authorized the use of military force. effectively it's a declaration of war against the object that they have targeted in the authorization of military force. we have had wars before and skirmishes with, sort of subsovereign entities like the bar bary pirates on or insurgency in iraq and afghanistan. we're not fighting the country. we're fighting terrorist entities within the country. so that doesn't affect. jenna: critics will bring that up, authorization of using military force, aumf, the war on terror is so vague and so unending maybe we need to refresh the declaration every once in a while? or maybe it puts us in a different place because we don't know when it is going to end? >> i think it is a much more interesting political program than legal question. as far as the legal question is concerned, as attorney general mukasey said, we have supreme court precedent that basically says, if the country is at war,

and we are certainly in a war that has been authorized by congress, and you are an american citizen who takes up arms with the enemy, you can be treated as enemy, including the use of lethal force. that is, i think that is a closed question of the interesting thing is, can you continue to sustain a war footing under circumstances where the president is basically abandoning the theaters of war in iraq and afghanistan? we're essentially turning afghanistan probably back over to the taliban. we're releasing enemy combatants from guantanamo bay. jenna: so you're saying when you're inconsistent across the board. >> right. jenna: when you're saying war or war on terror, we don't like this american, we want to take him out for lack of a better word, we're at war but we draw from afghanistan and or release detainees at gitmo, that the inconsistency might present a problem? >> i don't think it is acceptable position to most americans, it is certainly not to me, we say we're at war because we have a piece of paper

says the authorization of military force, that says we can can conduct these operations but every place that it matters we're acting like we're not at war. we're basically giving up the whole operation. that's a severe political problem. jenna: picking and choosing where the policy applies. >> right. jenna: i will leave about a minute because i thought you made interesting point with the legal background. in cases and stories like these we're looking to the law as guidance as compass. >> right. jenna: you say maybe that is the wrong point of view right now. >> it is. we're on this interesting experiment where we're trying to turn something that is essentially a political exercise, and that's war, into a legal proceeding and it's not a good fit. i really think the shame of the wasted opportunity that president obama has had is what we're dealing with here is not quite a war and it is not quite a legal trial. it need ad hybrid legal system like a national security court which i've been pushing for about 10 years. he could have gotten it done and

he hasn't. jenna: i wish we had longer. i want to talk to you about that next time. >> sure. jenna: andy, always great to have you on the program. thanks very much. we'll be right back with more "happening now."

jon: big developments to our top story and breaking news this hour. two hours from now the white house a president plans to sign an executive order bypassing congress yet again raising the minimum wage for thousands of federal employees. our political panel debates the fallout of what he wants to do. more than 100,000 people losing power in the southland, a monster winter storm has just begun. the latest on the track of what could be a catastrophic event. and stunning testimony in the amanda hayes murder trial from the defendants herself. look at whether her emotional testimony is helping or hurting her case. it is all "happening now." our nation's debt now at

$17.3 trillion about to go higher. on this hour of "happening now," i am jon scott. jenna: hi, everybody. hope you're off to a great day. i am jenna lee. the senate may agree on a one-year extension of the debt limit. approving the increase with no strings attached. john boehner backing off from a fight with the president had spending cuts played out a few times. live on capitol hill with more on this. what is the latest on the timing when the senate may take up the debt ceiling extension? >> a deal has been reached and we expect less than two hours there will be to vote on the debt ceiling and the senate will vote on the house bill two extend military retiree benefits. they foun sounded somewhat conc. >> unfortunately republicans on the side of the capital are

forcing us to jump through procedural hoops for the threat of eigh eight a debt. it would devastate the economy and erase the past five years of recovery. >> things have calmed a bit since then. they need some republican vote on the first procedural step on the debt ceiling. jenna: what are republicans saying today? >> they have very little leverage to try to strike a deal in terms of doing something about a long-term debt, but they would like to get back to talking obamacare. >> i am saying it is time to start over on health care, the place obamacare with real bipartisan reforms that can actually help the people who really need it. a plan like obamacare that cost this much, hearses by americans and still failed to achieve its principal goal at the end of the

day, it just won't work. >> everybody here is getting ready for snowmageddon affecting lawmakers to get on their planes and get out of town. jenna: always ready. thank you. jon: president obama once again bypasses congress to change how workers are paid. mr. obama set to sign an executive order raising the minimum wage for federal contract workers becoming $10.10 per hour. so what effect will this really have, if any, on unemployment? let's bring in our political panel. in researching this segment, i was surprised by the numbers, only 2.8% of all workers earn the minimum wage. you take a slice of that working on federal projects involved in

these federal contracts, it will be a very tiny slice of america. what is the president doing this for? >> he is doing it to continue his push to get congress to pass a higher minimum wage because as you point out, it is probably more symbolic than substantive in terms of helping a big number of people. >> charlie, there are a great number of economists who say you raise the minimum wage, eras you raise the cost of doing business and therefore he actually hurt employment rather than help. >> this is not a point of greatest disagreement amongst mainstream economist. pretty much liberal democrat, whatever, they all agree this does not help workers. it eliminates jobs, their hours cut back, probably the worst thing about raising the minimum wage is that it raises that

latter where people are able to get in at the entry-level jobs. this is largely symbolic, but more than an effort to try to get congress to go along with this. just trying to play the political game talking about closing the income inequality gap, which is the mantra for the upcoming elections largely because they cannot run on anything they have done because obamacare is a disaster, the economy is still in very bad shape, and so their only hope is they can play these political games, in fact they are hurting the working core. jon: it polls pretty good, doesn't it? most americans will say yackley folks at the bottom of the

economic ladder will get more money and most americans are earning way more than the minimum wage. it does paul pretty well, right? >> i think the gist of what you have is right. something in this executive order that is well worth looking at, but also in order to raise the minimum wage on workers if the tips don't equal 10 points 10 per hour. typically they get $2 something, that is something to watch as well. in 21 states, it is not a notion that may necessarily cause a lot of people to turn off on that subject as it does at the very start of discussion on it as they might have when they are being polled.

jon: stays with a higher in a moment wage than the national federal requirement have an unemployment rate of 23.97%, states that have kept the minimum wage lower have a teenage unemployment rate, make this clear, 20.46%. there is a correlation, i guess, between teenage unemployment rate and hiking the minimum wage. >> i think the most important point is it does poll well. that is why congress is making this a cornerstone of the new economic argument. but it is devastating particularly devastating for teenagers come of people just learning to work, still in school getting their first job as a lifeguard, whatever it is they are doing, and that is when

really good work habits begin. so why would you make that harder to get those jobs and make fewer of those jobs, it just boggles my mind. again, it hurts these people, does not help them. it absolutely hurts them. jon: again want to point out this affects only the minimum wage for people were can federal projects at federal institutions like national parks, that sort of thing. >> you just gave me a wonderful flashback, my first job was delivering newspapers in an afternoon paper route. jon: and look at where it got you. chicago sun-times. thanks. i was mowing lawns for minimum wage.

jenna: he found out he could charge more. we're going to switch gears to a big story, the massive winter storm affecting a big part of the country, especially the south and this winter storm system is just getting started. heavy snow and sleet and freezing rain hit states from texas to the carolinas, folks are bracing on east coast for this rough weather that is about to arrive. in the fox extreme weather center. what do we have in store for everybody? >> all of us at this point are done with it. the worst storm yet across the south. remember what happened in atlanta with the ice on the ro road, really benefit is because of the storm people aren't on the road today. you can see where the storm is, this area of pink some of the icing atlanta toward interstate 20 up toward colombia and some

areas some in the bull's-eye spot up to an inch of ice accumulating on all the surfaces causing widespread power outages lasting for a very long time. moisture pulled up from the golf at the surface. so far as rain and freezing on contact at the services all frozen. down to around part of the interior sections of north carolina and virginia, it will be very heavy snow across the interior sections heading up into blue ridge, talking about a lot of snow with ice warnings in effect to be south atlanta toward charleston and the north of that all winter storm warnings and we will be seeing a lot of snow across intersections by the time we get to tomorrow. the darker color here, really bad news. you immediately will have power outages.

the trees and power lines come down, there will be major damage from this. it looks like this storm is tracking a little bit further to the west meaning along the coast, snow turn into rain, the snow totals down just a bit as we see this move off the northeast. interior sections will be talking one of the biggest storms they have seen this year. some areas up to 18 inches of snow, but the cities maybe 6-10, but we might even see the numbers a little bit lower if this tracks to the west. that will be good news. jenna: it will be. thank you. jon: some lawmakers are calling for beefed-up border protection including new and better ways to keep safe. >> itn be a broken bottle, another weapon.

and i am not in a position and will not be in a position to make that decision or even second-guess the second decision. jon: a sad day for car lovers afteofa sinkhole opens up and ta classic ride with it. also, a teenager killed after prosecutors say he wouldn't turn down his music. a jury must decide if the accused acted in self-defense. >> he is not talking, he is yelling. i window is up and i can hear him. then i hear kill [bleep] i think is what he was saying. it's te for advil cold and sinus. [ male announcer ] truth is twon't relieve all your symptoms. new alka seltzer plus-d relieves more symptoms than any other behind the counter liquid gel.

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jon: this will make a corvette lover cry. swallowing a cluster. the earth opening up under the

national corvette museum show floor in bowling green, kentucky. jenna: it pains me to see this. how could this happen right in the museum? if you really think about it. jon: that is what they are asking. they felt they paid about 40 feet wide, 30 feet deep. the museum is closed now. many of those vehicles on loan from gm will be removed until structural inspectors can assess the damage to the skydome. will they ever get them out of there is the question. jenna: hopefully. happening now in a florida court, closing arguments finishing up as a jury decides the fate of a man with the name michael done. they say he murdered a teenager who refused to turn down his music. in miami with more on this story. reporter: we just heard from the prosecution closing arguments

trying to make the case of first-degree murder against the 47-year-old computer software engineer. they claim he deliberately tried to kill 17-year-old jordan davis by firing 10 shots into his car. the audio from those gunshots was captured in a surveillance camera the nearby convenience store. [gunshots fired] >> oh, my god, somebody is shooting! reporter: all 10 of those shots came from the 9mm handgun he took from his glove box. he claims he was in fear of his life. police found no weapons on the scene. he was question several hours yesterday trying to explain his actions after the shooting. never informed police, returned back to his hotel to walk his

dog. he claims he was in a panic. jenna: thank you. jon: with that story in mind, take a look at this. one store owner says for valentine's day the very best gift for the one you love maybe this, how about a handgun. and cameras are being added to buses in one major city. is this about safety or just another way for big brother to keep an eye on you? >> anything that makes the public feel safer. >> they have been asking for cameras for a long time, we believe this will help ensure the confidence of the public that we are doing we can.

jon: a gun store in indianapolis (plays cupid's arrow this valentine's day with firearms. asking you to rethink the chocolates and choose a gun for your special gal. maybe a glock for your great guy. >> something easily concealed in a purse or pocket. i wouldn't even be surprised if we have a number of people coming in on friday on a date night. we had a lady by a gift certificate for her husband that she is going to give him on valentine's day. jon: indianapolis police are telling customers if you do choose to give your special someone a handgun, you should also give them a safety lesson. good idea. jenna: senator rand paul announced the class-action lawsuit against the president over gathering of american phone records. other intelligence records including and is a director.

>> on behalf of myself, freedom works and everyone in america that has a phone, we are filing suit against the president of the united states in defense of the fourth amendment. we will ask the question in court whether a single warrant can apply to the records of every american phone user all of the time without limits, without individualization. which we will believe it will be the largest class-action lawsuit ever filed on behalf of the bill of rights. jenna: the justice department just released this statement saying we remain confident it is legal at least 15 judges have found. judge andrew napolitano. what do you think, is there a case here? >> yes, i think he has a great

case. it will be bigges the biggest class-action in support of the bill of rights. they sue on behalf of others who have suffered the same injury. the nsa has admitted the others includes everybody in the united states. jenna: and that circumstance we are representing so many, do you have to give examples for each and every person that you are representing on how they have been harmed? >> no. the court will allow a bellwether. taking one or two people as examples and will assume the injury those one or two suffered are common among the class. that is what happens in a class-action case in a consumer product situation. somebody is harmed by a consumer product and they sue on behalf of all consumers who have used the product even though the level of harm is different. here the level of harm is essentially the same and the nsa

admits what it has been doing, gathering this evidence about alall-americans on the basis of general warrants, not warrants identify the specific target. senators. senator paul and his fellow plaintiffs are asking federal court to decide if that is lawful, if it is not, to make them stop. jenna: is it a constitutional question? >> yes, it is a constitutional question. does the fourth amendment saying what the government wants to search something, has identify the person to be searched, the place to be searched and has to come up with a reason to search that individual. the nsa says we are not governed by the fourth amendment. jenna: that is what the justice department says. 15 judges have already said it is okay, so how is this different? >> when their court makes a

ruling, nobody is resisting the ruling. if a judge had just the government appearing before it. the other two judges went both ways on this, federal judges who had trials not court room with lawyers representing the nsa and the plaintiff. one of these judges says this is unconstitutional. you cannot have one warrant for 100 million people. the other said it is appropriate response to 9/11. those to say this case will eventually go to the supreme court and probably a third decision from this case. jenna: former director of the fbi when it comes to combating terror. one of the things we were talking about this topic and said one of the things that can come up is not so much a constitutional issue but issue of the patriot act and says this argument has an amazing court,

they have to collect everybody's phone records, get the judges and john's and so that the algorithms work so we can see the people who are doing the bad things. what about that argument? >> the constitution expressly prohibits it. one of the reasons is because what they're doing to us today in 2014 is substantially similr to a british soldiers in the colonial area. a general warrant in london from a judge who met in secret alignment to search for whatever they wanted to find. they came over here in this country, presented the general warrant and started searching away. it was the last straw before we fought the revolution. jenna: rand paul was talking about the 300 million americans his phone records have been collected. what if it is something specific

group, we're going to look at 25 to 35-year-old males in this country because this is the group we are targeting, would that be allowed? >> this is the great clash between privacy and safety. when people are afraid, most people will opt for safety rather than privacy. they will say anything to keep me safe, but they don't realize they are losing the safety of their liberties. the constitution was written to force the government intentionally to jump through hoops before it could invade our privacy. requiring the government to identify who's phone calls and wants to listen to is not asking very much. just asking to follow the constitution. jenna: what do you think the families of the victims of 9/11 would say to this? in these programs were in place, our relatives would not be dead. >> to have a very legitimate beef the government should have done a lot more to have cap their loved ones alive, and i share their grief, but also share the level of constitution that many of those people are in

heaven had. we don't want a government here that is like the governments we have fought overseas. tyrannical and not receiving a freedom. jenna: what do you think is a timeline of this? where does it go? if it is going to the supreme court. >> probably assigned to somebody in washington, d.c., this morning. the government will answer, i expect a decision by september. i suspect this would be on the supreme court's docket about a year to year and a half from now. ultimately it will get there. the whole judicial world will beg for one firm for a consistent answer. jenna: thank you. jenna: emotional testimony as a defendant herself takes the stand, so is she helping or hurting her case?

our legal panel with thoughts on that ahead. border patrol agents are working to improve enforcement. live along the u.s. national order in arizona. >> rocks, a weapons of choice for illegal immigrants. dangerous but says that give the border protection the right to use deadly force? that controversy coming up. [ fishing rod casting line, marching band playing ] [ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat? campbell's healthy request soup lets you hear it in your heart. [ basketball bouncing ] heart healthy. [ m'm... ] great taste. [ tapping ] sounds good. campbell's healthy request. m'm! m'm! good.®

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jon: athos weather alert is a massive storm slams the deep south, icy conditions causing thousands of flight cancellations all across the country. leaving travelers stranded at airports. they are trying to make the best of it. national correspondent live at reagan national in arlington, virginia. what is the situation there right now? >> we expect quite a bit of snow later on tonight, folks here are preparing. airlines talking with what they will do. making plans for plowing the roadways. things are quiet, not so in the southeast. look at the pictures from down in atlanta. driving very difficult and dangerous, snow and ice on the roads, airports, lots of cancellations, tens of thousands of people without power. if you are traveling, mostly cancellations nationwide are

from charlotte and atlanta. let's take a look at the numbers, we had a number of cancellations just today so far 3100 nationwide. tomorrow preemptive cancellations because they expect more snow, 1600. 9100. at washingto washington nationae debating what to do with the aircraft and the crews who are here because i don't want them to get stuck in heavy snow later tonight so they may be moving them all out. here's what a spokesperson told us about that a little while ago. >> delay to keep them out of the heavy impact of the weather so they are easy to move around once the weather clears. they could have very few plans, very few passengers canceling flights for tomorrow. the ideal option for passengers is to check the airline, get the most up-to-date information possible. reporter: the best idea probably just don't travel at all.

they can do that without the $100 or more fee. jon: thank you. your wife is accused of murdering her husband's ex-girlfriend and then helping him get rid of the body. amanda hayes took the witness stand in her own murder trial being cross-examined today by the prosecution. hayes testifies she did not kill the mother of her husband's two children. but hayes claims she only helped dispose of the body because he threatened her. >> i don't know how long it was until he came back, he had some trash and stuff. he asked me to ask her for directions to the apartment and so had some trash to throw out.

have some trash bags or something. i drove him to the apartment and he threw everything away. jon: a federal prosecutor. i covered an awful lot of trials, some murder trials, it is pretty rare the defendant testified in his or her own defense. what do you think about the wisdom of that move in this case? >> you are exactly right, it is a very rare thing that you will have a client who actually want to take the stand. however, here i think she doing herself some favors. it completely hinges on the fact they are able to convince the jury of nine women and three men that she was so under the manipulation and control of her husband that she was unaware and therefore irresponsible for what went on with his crime. everything about her testimony we saw the colors, the demeanor,

the fragilis and to been this of her tone. things she is doing to believe she was so many plate and intimidated by this husband. jon: was pretty telling the night he took her out in a boat to dump the remains of this woman, his ex-girlfriend, in a creek across a home from his sister's house. i want to play that soundbite where she is talking about that night. >> it was dark, i could just hear animals, i just didn't know what was in the water, i was very scared. i didn't see anything, just kept that way. it has taken a really long time, seemed like forever and ever and ever. jon: how does a prosecutor attack that?

>> . look at other evidence that undermines her story. the deceased victim is hurt and then amanda hayes said she left the apartment and came back in the victim was gone and she didn't know she had been killed and take the road trip with a dismembered body from north carolina to texas not knowing the body is in the car, but other evidence that undermines that story. she said the day after the killing with rubber gloves and bleach. things missing in the bathroom. all signs of cleaning up a crime scene. does she really not know the body put in the car she is driving with it from north carolina to texas? also the issues you legibly told her sister she was part of the killings. lot of evidence that undermines the event. it seems emotionally powerful but you have to look at the totality of the evidence here. jon: there are nine women on this jury, they may sympathize for another woman who is under

the thumb of a pretty manipulative defendant. listen. >> another time he said that did not shut her up, he was going to throw her out of the car. [crying] jon: talking about her newborn baby at that time. with the women be willing to overlook whatever role she may have played in this crime due to the effect of grant hayes? >> women are less inclined to want to put women as accountable. the state has charge this woman with first degree murder. if we connect the dots to the actual murder itself, also has a charge of accessory after the

fact. now to dan's point the footage showing her possibly be involved with that cleanup, i think the prosecutors will have a tough time connecting her to the actual murder, serving life without parole as we speak. jon: thank you both. jenna: one of the largest studies of breast cancer screenings ever done raising questions about how effective mammograms really are. the numbers behind the findings and what your family needs to know next. >> have you seen this story about the bus driver? >> i just watched the video. >> he goes back at the kid and the bus is still rolling with people inside. >> and it crashes into

something. >> and all on camera. >> who is at fault? >> we will tell you about that in a couple of minutes. >> we will see you at the top of the hour. lait?

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these are good. told ya! i'm feeling better already. [ male announcer ] new alka seltzer fruits chews. enjoy the relief! jon: "happening now" kamas immigration debate heats up in washington, many in capitol hill say we need border security before immigration reform. big controversy over how exactly to achieve that and how border patrol agents handle the situation. live along the us-mexico border in arizona. >reporter: this is a unique environment, they are alone, the area is remote. trying to make an arrest they can face a barrage from the side. his deadly force in that case excessive or appropriate? >> a really good person, always with me.

reporter: the family filed suit after border patrol agents shot the unarmed pot smuggler in the back fled to mexico. >> how can you shoot somebody who is scaling a fence? reporter: they use deadly force in confrontations that don't require it. they cite more than 20 fatalities in three years, eight involving rocks. >> these are roxette will cave in your skull. a deadly situation a matter what the groups tried to claim. reporter: rocks are as dangerous as other weapons. >> it can be a broken bottle, another weapon. i am not in a position and will not be in a position to make a decision to second-guess that decision. reporter: agents responded to rock throwers by shooting him eight times through the fence into mexico.

>> it is an agency that is out of control, total immunity. reporter: they recommend the border patrol back off when life is not at risk. the agency says it already provides extensive nondeadly force training. >> is not a fair portrayal to say lethal force on a routine basis. reporter: 16, rissman urged reform and alternatives. the agency says given up thousands of apprehensions they make each day, activists are exaggerating the scope, not the seriousness, of the problem. back to you. jon: thanks, william. jenna: what some doctors say could have been if you get tested too early or too often. a closer look ahead.

jenna: one of the study about mammograms they may not save us money lives as people thought. new study published in the british medical journal 25 year study tracks nearly 95 women between ages of 40 and 59. 20% of the women who have the mammograms were examined overdiagnosed and may have had unnecessary cancer treatment, so what does this all mean? an ob/gyn at hackensack university medical center.

>> the take away is most cancers diagnosed were not necessarily those decreased life expectancy. while there are great at picking and tumors, it is not so great at saying you are going to eventually die from this cancer. when mammograms diagnose something, they will feel he or she have intervened. the point of the study is maybe we shouldn't be diagnosing these so early on, maybe we should be looking for them at age 40. maybe what we should do instead

is wait until age 50 when it is more likely that what we pick up is going to be an intervention at that stage is going to be necessary. jenna: the american cancer society points out when there are aggressive forms of cancer for a woman in her 40s it can be particularly deadly, and for those women a mammogram may be lifesaving. >> absolutely. for each patient you have to tailor it, look at her history, the risk factors. for you or for me, we may have to begin mammograms at a very early age but somebody else may be with no risk factors, no history may actually be able to wait until she is about 50. jenna: i have a history of breast cancer in my families are paying close attention to the ages because i was told early on very early on i will have to be screened because of the history within the family. in 2009 there was a tax that came out, a government panel that said really maybe we

shouldn't be doing mammograms until age 50. for so many women when you hit 40 it is time to get a mammogram. so is there an age that should be set for this? >> keep getting her mammograms early, each year at this point. but insurance companies to the cost savings and health care environment we are in, they will push for age 50 because of the e data coming out. jenna: look at cancers like skin cancer and prostate cancer, widespread study they would find very similar results they have procedures that may be necessary.

>> interventions that were never needed, we don't have a crystal ball. so a lot of these studies look to see is it worth screening a huge number of people to find x number of cancers or disease. and that is really what is very tricky and very difficult. particularly with breast cancer, maybe we should wait until 50 to pick up things that really weren't going to harm us ultimately. jenna: it is fascinating, really appreciate it. jon: well, a bus driver and a high school student duke it out while the bus is still moving. it is all caught on camera. now the driver is in hot water. will the tape tell who is to blame for this brawl?

... ... ... ... ...

>> a michigan boy, whose

birthday was almost a bust and has a happy ending. he has a sensory processing disorder that affects social skills. his mother asked if he wanted a party. he said he didn't want a party because he had no friends. she created a happy birthday facebook page. it has gone viral surpassing 1 million likes. and they are leaving collin encouraging messages. >> let's hope kids at school get the message. >> hope it is happy and productive of him. >> his mother had no idea it was going to happy that way. she just wanted a now and now he has a million fans. thank you for joining us today.

america's news headquarters starts right now. what is called a catastrophe storm. feels like dejavu and paralyzing parts of the country. snow and ice slamming the south and 200,000 lost pour in georgeia. hundreds of flights are cancelled and delayed and it is just the beginning of all of this. we'll have johnathon in the thick of it in atlanta, georgeia. >> reporter: good afternoon, bill. we are overlooking the downtown connector. it is ordinary crowded. most people are heeding the warnings to stay off of the roads. it so manies that georgia managed to avoid all of the bottle necks we experienced in the last storm two