here, we're definitely looking out for you. i'm megyn kelly live in new york city, tonight. and it is very, very encouraging news. >> the white house puts its best spin on a new obamacare enrollment report. but the fact checkers suggest these numbers add up to new worry for the law and the country, we'll speak with a reporter who spent the afternoon at the white house. plus? >> it is also difficult for some of us who happen to agree with the president's policies which i do since i voted for him previously. i believe the president has crossed the constitutional line. >> one of the top liberals in the country, has raised a red

flag, and professor jonathan turley has more on the worries this week. and wait until you see the racy pictures this super model took with, her son? that is right. plus, the damage piles up from this massive winter storm, tracking across the country on "the kelly file" right now. breaking tonight, it is starting to look like the american public has been misled again as new obamacare numbers and headlines paint a fuzzy if not false picture of what is really going on with the president's signature achievement and the law that affects millions of americans, welcome to "the kelly file," i'm megyn kelly. earlier, they claimed 3.2 million people have enrolled in health care plans since the first of february. but when pressed on the data a the administration refused to say how many of these enrollees

have actually enrolled, in other words, have actually paid for their plans instead of putting anything in the shopping cart. the administration refused to say how many of them even have coverage tonight. or how many of the folks were the same people who had coverage tonight but just got kicked off their health care plans thanks to the law that has been in effect. >> for all the disruption and pain it is a law that will still leave 31 million americans uninsured at the end of the day. that is why it is not surprising when we hear that nearly 90%, nine out of ten of the new enrollees in the obamacare exchange plans are actually folks who were already insured. >> but while mr. mcconnell and fact checkers were quick to point out the problems, many of the media outlets pushed the story. obamacare beats a january

enrollment projection. and enrollment in obamacare rises, more young adults sign up. well, more than what? they have way more than they wanted. more from ed henry, and joe trippi. >> megyn, the bottom line is the big picture is pretty bad for the president because the original projection of 7 million people enrolling even under the best case scenario they talked about tonight, 3.3 million people enrolling as of now. they have until now to get them enrolled. they believe the website set them back so badly at the beginning. but the bottom line is even if they pick up more enrollees they're far short of what they projected. but there is good news we have to point out. you mentioned numbers of the people enrolling, in january

there was a 65% increase from december in terms of the percentage of young adults signing up. those young people are obviously very important to the math here but there are a lot of details they're leaving out. for example, how many people as you noted are actually paying? i asked jay carney that, he said it is up to the individual insurance companies to give that information because the people are giving their checks to the insurance companies. there is a mckenzie study, bottom line is there are when you add it all up, 25% of the people roughly are young adults. when they projected they needed 40% for pay for all of this. so they're still short. they made progress, but a long way to go. >> and they claimed they hit that 40% number, that was all

nonsense. and ron fornier is the senior political analyst for the national journal. good to see you, you're somebody who has been defending the concept of this law and health insurance, reportedly it was going to be for 31 million americans, now we're told we'll have 31 million americans without insurance despite the law. in any event you're talking about how it has just now come down to credibility. how do you mean? >> i know inside the white house, they know they really messed up early on and they're having a hard time with the numbers as ed talked about early on. they realize they have a big credibility problem, this is like a brand, like pepsi or coke. if you don't believe in your product, even inside the white house they know they have a reputational problem that is setting them back six months, maybe even further. >> so let me ask you, so is the solution to mislead more?

because we saw the president in his o'reilly interview, talking about that nonsense, he is giving the law credit for getting all the people on medicaid, questioned whether that did occur. but they continue to say 3.3 million americans have enrolled in the state and federal exchange. that is not true. we don't know how many have enrolled. >> it is my biggest problem with this white house and politics in washington in general, they assume people are dumb and that they're not going to get beyond the spin and find out what is really happening. the fact of the matter is they said they needed to get to 7 million. now they say no, no, no, we were not talking about 7 million. >> just hold that thought, it is on tape, for the folks at home just in case they thought we were not going to play this, we are, watch. >> good for you. >> well, i think success looks like at least 7 million people having signed up by the end of

march 2014. >> go ahead, ron. >> right. you can't undo the truth. they said they had to have about 48% of the people who signed up, had to be young invincibles, primarily healthy -- i'm sorry, they say they needed 38%, they're 28 now, that is just a fact, you can't undo that. they tell us they got 3.3 million, as you heard earlier that number is basically made up. we don't know how many people have actually paid the insurance. so in other words, today, i could have signed up seven times and i would have been counted seven times in that 3.3 million when i have not put a dime down on insurance yet. they're not being honest about that. lastly, i know the talking points are, 90% of the folks who signed up quote unquote actually had insurance before and lost it. that number, i wouldn't believe

it is really even plausible. the real number, is closer to 30%, even the white house is acknowledging that at least 30% of the people who have quote unquote enrolled had insurance before this happened. and if you do the math, 30% is too high for this to work. so this may up again, i want people who need insurance to get it. this may end up working well but if it keeps heading where it is now the numbers will not add up. i want them to be honest about it. >> and ed henry talked about the numbers in january, if you compare month to month, december and january, enrollment has gone down. december's enrollment was 1.8 million, and today's number, 1.1 people signed up. a drop of 6,000-plus enrollees month to month, despite how they spin it. good to see you, ron. >> thanks. >> joe garcia is a health member

in florida running for re-election, and when the ad produced for joe, it included this. >> joe garcia is working to fix obamacare, he voted to let you keep your plan and took the white house to task for the disaster. >> and joe trippi, he wanted you to be able to keep your plan after he voted for you not to be able to keep your plan. and now he is trying to fix it all. >> i mean, that is what democ t democrats are going to be doing. they have to. you can't defend the website launch or the numbers. you have to say look, the intention was right, we have to fix it. i'm not for repealing it like my republican opponent. and i want to be sure insurance companies are not coming after you and dropping you off the plan because of the pre-existing conditions and doing some of the things the insurance companies

were able to do for you before i voted for you. look, joe garcia is not a rubber stamp for obama. he is a maverick and did take the white house pretty harshly. so that is pretty effective. he voted for it. >> why are people going to care if he took on the white house because of the website? this is about so much more than the website. >> because right now this is not happening in a vacuum. the republican committees have ads up against him basically saying you know, he is a rubber stamp for obama, does whatever obama wants on obamacare. that is just not true. and both sides are already launching the ads and that is part of the problem here. none of this -- it will all get politicalized in the november elections for good reasons. >> now we're seeing more and

more democrats distancing themselves from the president. there was an ad, in any event, the quote was most democrats consider obama an albatross, citing this independent analysis. citing he has done irreversible damage to his reputation. >> well, look, every president -- and yes, he is hurting the democratic brand right now. the obamacare snafu, all of this stuff is hurting. his approval rate is declining and his approval rating all dragging him down. in a mid-term election the popularity of the sitting president has more to do with who is up and who is down, regardless of what party they're in. and the republicans have experienced this, they experienced it last time with george bush and the iraq war when it became unpopular. the same thing is happening with democrats now. and obamacare is clearly a big piece of that.

but you have to fight it. i mean, you can't just sit there and say yeah, we'll roll over and let the republicans and attack ads say that i was for all of this stuff. i was not. and joe garcia's camp, he did take president obama on. >> and the republicans, their fighting is not all that beloved either. joe, good to see you. extreme weather alert for you now, a deadly winter storm in the southeast tonight. at least 11 deaths are blamed from the snow and ice, you saw ed henry, the snow falling a moment ago. hundreds of thousands are without power and the situation is expected to get worse overnight. >> you remember what happened a couple of weeks ago in atlanta with all the cars stuck on the road, that is what is happening in raleigh. atlanta, nobody went to work

today, everybody is prepared for this but we're seeing incredible amounts of freezing rain rain towards augusta and south carolina. it is anywhere you see the pink, and we'll continue to see it in atlanta another two or three hours. we still have freezing rain reported. roads are completely impassable at this point. very heavy snowfall towards interior sections of that. we have the yieice storm warnin in effect. we'll watch the winter storm warnings in effect. this will turn into a coastal storm. you see the pictures in raleigh going on right now. people can't get home. they have abandoned their cars against just like what we saw in atlanta. this is the snow and rain and freezing rain we still have across parts of the south. the morning commute from d.c. to philadelphia to new york city is a big problem. it will turn into a slushy mess throughout the day, megyn, but all the snow on the ground, now more to come for tomorrow.

>> all right, rick, thank you. and we're tracking a group out of texas, where a group of pipeline activists had quite the rally. look at this, carrying torches, and wearing masks, at all the home of an oil executive. the group said they protested the arrest of three fellow activists last year. here is a little what unfolded at his home. >> hi, i'm amanda, my friends and i came down to let you know that we think that you are corporate criminals. and that you should be in jail rather than the three. >> what did they do? >> they shut down your pipeline. >> they put a lockdown on one or two of your pieces of equipment and now are facing years in prison. >> 10:00 at night, happy to discuss it with you, not here, not now. >> you would think you could just go to work and punch in and poison people and come home and distance yourself like it never

happened that you don't have to be accountable to anybody you live with that your neighbors should not know you're destroying your children's future and their children's future. this is not the time and the place. what is your group? >> we're just the people. >> and there are a lot more of us. >> you have no idea, man. >> tell the rest of the board they can expect visits. >> wow, kati 00 epavlich has more on the issue. >> well, this may be one of the first time we've seen torches and masks being worn and it was 10:00 at night. and you can tell you the emissions coming off the masks will be much worse than the pipeline. we've seen it happen on immigration, remember the mob that showed up at the home of the siecretary of state from kansas.

the mob showed up at his house in protest of the bill he wrote, sb 1070. we saw it in 2010 when the scu, hundreds of people showed up. his son -- i believe his son was trapped in the house, in the home. so this is not isolated. the most important thing is, this is not isolated to the far left. this is condoned by the main stream left. you have the sierra club now going out and saying it is okay for there to be civil d disobedience. this group is upset because others protested in an inappropriate way and were being held to account. and they protested in an inappropriate way to object to the fact that there were criminal penalties to what their friends did. they come out and said, this group with the torches, solidarity means attack. how about at a boring clinic --

abortion clinics, how about the attacks, when the pro lifers go out to the abortion clinics, then the left goes nuts with people expressing their solidarity. >> this is the problem, the key to the protests on environment or any other issue. the key is they don't believe property destruction is violence. and they also don't believe in private property. so we do see instances of them trespassing on corporate property. the reasons they were there in the first place. the three activists got arrested for trespassing on corporate property or private property. they say it is not violence, we have the right to do this. they don't believe in property rights. >> the guy was cool as a cucumber. you have to hand it to him. it is not appropriate. they may have children inside, you don't know what their health condition is, and they have torches and start to threaten him for what he has done as a corporate executive.

it is inappropriate. >> inappropriate to say the least. i want to make one more point. the keystone pipeline is what they're protesting, pipe lines are the safest way in the country to transport oil. they should take that into account. >> i'm sure they walked over. >> right, i am sure they didn't take a car, see you next time. you can soon expect major sticker shock on your next trip to the grocery store. in a move that can only happen in america, a trial lawyer who once defended what is one of the most recognizable food brands now is saying they show pay up for america's obesity problem. trace gallagher has more. >> and unlike the soda ban in new york city, the law firm heading up this effort says it is not trying to limit food or drink. instead what it wants is the food industry to pay for diabetes and heart disease-related problems.

they sent letters to 16 areas asking them to go to bat on behalf of their citizens. the initial plan is to target the food companies that have the biggest market share like mcdonald's, nestle, et cetera. now, the company would have internal documents subpoenaed and obesity researchers would then study the documents and present the food companies with evidence showing how much impact the products have on obese people. then the hope is to negotiate with the food companies and if that does not work, well, then listen. >> you have to be prepared to file lawsuits, because obviously folks want to you know, defend their practices. and there will be some disagreements. so i am under no illusion that things will necessarily resolve themselves without actual filing of lawsuits. >> yeah, none of the attorney generals have responded. but the grocery manufacturing association has issued a statement proposing bans and taxes as a means to curb obesity

don't really understand the problem. remember, a lot of naysayers regarding the tobacco, and regarding the billions in settlements. all right, also ahead tonight. >> he is coming into danger, what the constitution was designed to avoid. one of the top liberal law professors in the country is raising red flags about the presidential power grab. he is here tonight to detail new concerns. plus, first on the kelly file, a big adoption drama developing in utah, as families learn they may have to give back the children they adopted. >> do you ever think about what it would have been like to raise your son so?

first on the kelly file, a developing story out of utah, where some parents are learning they may actually have to give back the children they have adopted and have been raising as their own. it is all because of pushback against a law that allows children to be put up with adoption with the consent of just one parent. alicia acuna has more. >> hi, megyn, we found that has the adoption cases made their way through the court system, we found out about those who unf r unfairly cut out biological fathers. when nick thernwall called his pregnant girlfriend at work, her co-worker said she was at the hospital giving birth. >> they patched me through, i

spoke to her for a moment, i said are you giving our son up for adoption? and she said kind of. >> nick raced to the hospital, where he faced arrest. these were the only images he had of his child. william bolden's girlfriend disappeared two months before the birth of her son. >> i wanted her to send me pictures, she said her phone was broken. >> she gave her child to an adoption service ran by the church of jesus christ of latter day saints, because he was registered as the father they tried to contact him. >> they tried to encourage me to think about adoption or put him up for adoption. >> and then what were you told? >> that i'm running out of time. and that i'm not going to have that many options because the way the adoption laws are written. >> reporter: will is one of 12 men from eight states suing to

change the adoption act. the court claimed for years that biological mothers all over the country have secretly given birth in utah, placing their babies up for adoption without the father's consent. some agencies admit as much in undercover phone calls provided by the plaintiff's attorney. >> you don't have to say who the father is, even if the father doesn't sign the papers you can still put the baby up for adoption. >> reporter: according to the lawsuit, the agencies coach the women. >> what happens if i come here and i come back and i'm not pregnant anymore? like what -- >> he will be mad, and he will want answers. >> do i have to tell him i gave the baby up for adoption, or can i just say hey, i had a really bad accident. >> you don't have to tell him anything. >> okay, that might be easier if i say hey, i got into a car accident. >> the army veteran's girlfriend told him their son died. he sued to find the burial site and the mother later admitted she gave up the boy in utah, and

the deceased baby boy was really a girl, very much alive. some say the law has not changed due to the influence of the mormon church and its policy on moral issues that states when the probability of a successful marriage is unlikely, the unmarried parents should be counseled to work with lds family services to place the child for adoption. we reached out to the church. they acknowledged their policy has not changed. will is waiting for a decision in his case, his son will be three in march with an adoptive family. >> i love my son and will fight for him until i have no money. until there is no chance for me to get him back, i will be fi t fighting. >> and the attorney general's office in utah told us their hands are basically tied, megyn because it is their job to uphold the law as it is written. so right now it is basically up to the legislature, megyn?

>> that is horrifying, alicia, thank you, we'll continue to follow it. and on a much different lighter note, coming up, a sexy model poses, and her son's? the latest. and a top liberal legal scholar in the country has been raising red flags about a presume power grab. and professor jonathan turley is here tonight with the new worries that happened with our president this week. >> you have the worry of the rise of an uber president. there can be no greater danger for individual liberty. and i really think the framers would be horrified by that shift. because everything that they were

from the world headquarters of fox news, it's "the kelly file" the megyn kelly. one of the nation's top constitutional lawyers, sounding the alarm on what he sees as a radical expansion of presidential powers. and a new poll suggests american people are equally concerned. 60% say they disapprove of the president using executive orders to go around congress on his agenda. 74% say they believe this is not even the way government is

supposed to work. jonathan turley is a professor at the university of washington law school. professor, great to see you, i'm a great fan of your blogs. >> thank you. >> and earlier you said the framers would be horrified because everything they did was to create balance between the branches of government. and everything we're doing has lost that. please explain. >> well, the framers designed the government to avoid one thing, the concentration of power within any one branch. because that balancing between these branches in this fixed orbit is not only what gives stability to our system but it protects us against authoritarian power, and abuse of civil liberties. and what we're seeing is the shift of gravity within that system in a very dangerous way that makes it unstable. and i believe that is what the president is doing. i think we've become a nation of

enablers. we're turning a blind eye to the fundamental change in our system. i think many people will come to loathe that they remained silent during this period. >> we heard a lot of objections from people on bush and the media, they have not raised the same objections while we have a democrat in the white house. and you say they do this at their own peril. >> i think this is bordering on the abuse of policies. i happen to agree with policies, but in our system it is not only important how you do something, but what you do. many people will look back at this period in history and see nothing but confusion as to why people remained so silent when the president asserted these types of unilateral actions. you have a president who is claiming the right to rewrite or ignore or negate the federal

laws. that is dangerous. >> what is so bad that will come of this? >> well, you know, a system in which a single individual is allowed to rewrite legislation or ignore legislation is a system that borders on authoritarianism. i don't believe that we are that system yet. but we cannot ignore that we're beginning to ignore a system that is a pretense of democracy if the president is allowed to take a law and just ignore it or shift funds to this area. the president's state of the union indicated this type of unilateralism that he has adopted as a policy. now, many people view that as somehow it is empowering. in my view it is dangerous, that what he is suggesting is to essentially put our system off line. this is not the first time that convenience has become the enemy of principle. but we've never seen it extent. >> what is supposed to be done

about it? you know in your testimony you cited ben franklin who said that they will rein in a president. they can provide money, move to impeach, they can file lawsuits which they have done. what are they supposed to do? >> part of the problem really rests with the federal courts. for the past 20 years the federal courts have engaged in a policy of avoidance, they're not getting involved, they just leave it up to the branches. and in one sense they say well congress has the power of the purse, one of the constraints of president obama is that the clearly dedicated funds as provided by the health care has been shifted unilaterally to different areas. and the courts have adopted this avoidance policy. i am astonished by the degree of

passivity, particularly by democrats. there were people that fiercely believed in the institution. it didn't matter what party held the white house. but we're seeing the user pace of authority that is unprecedented. >> thank you so much for being here, sir. >> thank you, megyn. also tonight, reaction building to a photo shoot involving super model stephanie seymour, skimpy dresses and her two sons, trace gallagher has that. >> the other reaction has really been fairly consistent, a lot of people said it is racy, some say it is cozy, and others say it is down right creepy, it is provocative and is getting a whole lot of buzz, stephanie

sm seymour, she looks amazing, but critics say these photos are designed to make us uncomfortable. but it is not the first time it happened. in 2010, some beach photos were criticized as being too handsy, and awkward, people came out and said he is openly gay. stephanie seymour has an older son and younger daughter, she is married to business mogul peter brant. >> and the idea is he is not attracted to her because he prefers men, not because she is his mother? this is getting weirder and weirder. >> yeah, that is what i said. my mom in a robe and big curlers. >> and me with a pair of mom jeans just holding my kids like a normal mom. but if i had stephanie seymour's body, i don't know, who is to judge.

>> great to see you. >> you, too. >> i don't mean that, even if i had had that body i wouldn't do that with my children. coming up, justice clarence thomas. plus, the national football league is ready for the first openly gay player in the league. openly gay player in the league. are [ male announcer ] meet mary. she loves to shop online with her debit card. and so does bill, an identity thief who stole mary's identity, took over her bank accounts, and stole her hard-earned money. unfortunately, millions of americans just like you learn all it may take is a little misplaced information to wreak havoc on your life. this is identity theft. and no one helps stop it better than lifelock. lifelock offers the most comprehensive identity theft protection available. if mary had lifelock's bank account alerts, she may have been notified before it was too late. lifelock's credit notification service is on the job 24/7.

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supreme court justice clarence thomas is on the spotlight for comments. speaking to a group he said society today is more conscious of race indifference than in the '60s, adding quote, the worst thing things that have been done to me, said about me, by northern liberal elites, not by the people of savannah, georgia, where he grew up. and some on the left were upset. >> he acknowledges no

affirmative action played any part of his life. he suggests that race shouldn't be a factor in any decision-making factors simply ignores the idea that race persists today. >> what is so remarkable is that it neglects the fact that in the mid-'60s when he was a kid you could get killed if you were a black person for speaking about race. so that might have been one reason why people didn't talk about it a lot. >> joining me now, dana lash, host of the show "dana," stephanie brown james is the founder of brown girls lead. so i think we can give toobin the point that he made that you could get killed in the 1960s, for raising race. but the point that a lot of the african community goes to justice thomas which they consider him a turn coat for not being a more vocal advocate for

affirmative action policies. >> it is a subtle bigotry of lowered expectations. to say he somehow benefitted from affirmative action is really robbing justice thomas of the recognition he deserves, he succeeded because he applied himself, because he worked hard and because his accomplishments are without question, that is why he is where he is. not because of some progressive construct that seeks to lower the bar because they don't believe anybody can rise to the occasion. >> but stephanie, justice thomas checked the box to get into law school. he said he regretted it because it made him feel like a second class citizen. for reasons of his own he doesn't believe in affirmative action, but for some reason, those on the left go after him, why? >> well, when you think about clarence thomas' upbringing, he had a grandfather who really instilled pulling yourself up by

your both straps. but at the same time we have to believe that clarence thomas was able to benefit from different policies that enabled him to go to yale for law school. so i think really what the african-american community talks about as you said, as a turn coat with clarence thomas is the fact that here is a man who grew up in the south, he grew up during the segregated south of the '60s. and yet, still, he continues to make life a lot tougher for those who look like him and also for women in this country. >> but there are some who take it to another level, dana, just today we had a lawmaker call him an uncle tom, and we've heard that time and time again about clarence thomas. and yet dana, what he said was look i was the first black kid to go to a white school in savannah, and rarely did it come up. now, name a day it doesn't come up. every person in this room has

endured a slight. >> absolutely, and there is power in being a victim. instead of telling we need to empower ourselves and not just the african-american community but the female community, the war on women issue is a big thing right now. instead of trying to tell folks let's try to empower ourselves, we hear there is power in victimization. i can't believe we're having this conversation today, that 2014 is the same as back then, we had condoleeza rise, so many men and women who have had powerful positions. >> jesse jackson. >> right, we can't make that argument anymore, we need to stop thinking about victimization as empowerment. >> come on, dana, nobody is saying look at me i want to be a victim. i want to be able to not have my kids go to quality schools or be able to get the jobs i want to get.

nobody is saying that at all. and this is the case with clarence thomas, he may have not experienced racism head on as he grew up as a child in savannah but that is probably where he lived in a segregated society where he was not able to interact with a lot of white americans and had e was able tot that one-on-one when he was up north. and there is this racism that permeates in society today. >> and the school choice, there is your systematic racism right there. >> ladies, thank you so much. and a big announcement for football, the nfl is embracing this announcement, they say. but the locker room, maybe not. that story is next. plus, "hannity" is at the top of the hour. >> and see the president when he talked about privacy recently said oh, this is like paul revere, in the history of paul revere warning us.

but paul revere was not saying the americans were

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well president obama today praised michael sam, the guy who may likely become the first openly gay player when the drafts continue. but in the locker room they are apparently hearing a little less enthusiasm. tim gray is a fox sports analyst and contributor, why, what are they saying, jim? >> well, one even came out today, thomas of the new york giants and he said that this is not going to go over and smoothly and easily as a lot of people examinpect. and everybody is being politically correct right now,

some are meeting it -- it with reluctance, and skepticism. where else do you go in society where you're with the co-workers, this is not like selling cars or working at a movie studio. >> but these guys are smart enough to know, these guys in the nfl that just because he is gay doesn't mean he wants them. it is not like -- is there not an understanding of that? >> well, this is a macho, very aggressive culture that they are in. and there is a reason that no one has been openly gay before, there have been gay players before, but if the players knew it, it was not discussed until after they were in the nfl. and they became former players. yes, they were intellectually smart enough to know.

the military went through this, as well, there was controversy, in the scenes after you get behind the political correctness, these guys are concerned. and you know you have to have a strong team with a strong owner who has control of the team. not liking college, the college pros, and the dictatodictators, inmates run the asylum. >> and terrell thomas, saying are you looking at me? he can come out and say don't be ridiculous, man, i have my own thing going on, that is the only way if you shut down the guys who are saying, they're homophoúwlwlglgúw

we are getting a ton of requests for us to post our interview with jonathan turley, constitutional law professor, we've done that now, follow me

♪ >> good morning. look at the snow covering the plaza out there right here at

the fox news. >> thank you so much for starting your day with us. we do begin with a massive winter storm that is p pounding the northeast right now. it is the same storm system that has claimed at least 12 lives down south and knocked out power to half a million people. the snow and ice making roads in raleigh, north carolina, treacherous. one fire catching fire. >> nearly 4500 flights are canceled. that number is sure to go up. we have live coverage from the south to the north. maria, what can we expect today? >> today is going to be a very tough day. travel not recommended for so many people along parts of the east coast as the storm system continues to make its way northward. i want to mention some snow totals we have already