>> we will continue to keep track of troubling developments in the ukraine. i'm eric shawn in for bill hemmer. martha: we'll see you back here tomorrow. "happening now" starts right now. bye everybody. jenna: we'll start with ukraine. fox news alert on the crisis there spiraling out of control. at least 22 people killed in new violence in kiev after a brief truce fell apart. fires burning, protesters throwing molotov cocktails. the ukrainian president and opposition launched in a deadly tug-of-war. there are bodies on the streets where the main protests are taking place. this as we hear protesters have captured at least 67 police officers. that is the number we have now. it can change. also perhaps, capturing a key official in kiev, i'm sorry, the key official in kiev quits ruling party. perhaps coming to the opposition there is lot going on back and forth. this bloody political crisis is

sparked by a dispute over the future of ukraine where the government aligns with. whether the government will lean toward the west and the european union or lean towards russia. we have a big debate and a live report moments from now. first, breaking news on today's top headlines and brand new stories you will see here first. jon: a woman whose ex-husband was killed in a car bombing nearly two decades ago, now on trial accused of his murder. also a warning about shoe bombers on international flights. who are these potential terrorists? newly release ad dramatic 911 call by the victim of a road rage killing moments before he was shot to death. it is all "happening now." jon: well there is a new admission about obamacare to tell you about from the number two guy at the white house.

good morning to you, i'm jon scott. jenna: great to see you, everybody, i'm jenna lee. with a little more than a month to go before open enrollment ends, the vice president says they may fall short of the white house's unofficial goal. >> initially we talked about by the end of this period having seven million people lined up. we may not get the seven but we'll get to five or six and that is a hell of a start. and there's a drop-dread date for the first round in the beginning of march but, but there's a lot going on and so i mainly came to say thanks for negotiating this. thanks for helping people negotiate it. and just see this getting better and better and better. jenna: our chief national correspondent jim ingle live in washington on this story today. jim? >> reporter: hello, jenna.

aside from confident claims we get from other officials about how many people are signing up for obamacare and will sign up before the march deadline, listen closely as vice president joe biden suggested the totals might be lower during that stop in minneapolis. listen. >> initially we talked about by the end of this period having seven million people lined up. we may not get to seven but we're going to get to five or six and that is a hello of hell start, people. >> reporter: congressional budget office lowered numbers for sign up from seven to six million. the vice president is first to mention a number as low as five million, suggest agroing fear the numbers are softer than claimed n its latest report of sign-ups through the end of january the administration said it had 9.6 million total, 3.3 million in the federal and state exchanges, another 6.3 million in medicaid, health care for the poor but a

non-partisan health care consulting firm says the number of new sign-ups in medicaid, only made possible by obamacare which encouraged states to expand the program is much lower than 6.3 million. >> it is about 1.3 to 1.8 million. people who are new to the program. the rest are part of the regular churn that are in and out. >> reporter: the rest don't count because they were already eligible before the health care law. for those new to the program under the expansion encouraged by obamacare the administration will pay 100% of the cost for the first three years but it pays no additional fund for those already eligible which is often one of the top three expenditures for state budgets. now if the vp is right, jenna, and the administration only signs up five million in private exchanges, and his analysis that less than two million newly eligible signed up for medicaid so far, then the administration will be lucky to hit half, half the original projection of 16 million by next month.

jenna? jenna: jim angle live in washington. jim, thank you. >> reporter: you bet. jon: for more we're joined by nina easton, columnist at "fortune" magazine and fox news contributor and jamie weinstein, senior editor of "the daily caller." no one says it better than joe biden, nina. we didn't want this to start off as shaky as it did but it is complicated. winning world war ii was complicated and took less time for the nights to win world war ii then for them to build a working website. >> jon, it is complicated, that is such an understatement reengineering 1/6 of the economy. it is complicated and look at the size of this legislation. thousands of pages and look at number of regulations. it is complicated and led to a lot of fallout that hurt people like their policies being canceled. like losing doctors and coverage

that they enjoyed before. so those complications of actually come back to haunt a lot of people who are already had health care that they liked. jon: yeah. and i guess that's why we're seeing the buyers remorse that we've seen reflected, jamie, in some of the polls recently? >> yeah. there is no question, i think that, no matter what happens with obamacare, over the next year or so, this beginning stages has been a complete failure. both in terms of implementation which you know was a disaster at beginning but also now as we moved on, we're seeing people, you know, losing health care plans they thought they could keep. we don't even know how many people who signed up for obamacare were uninsured before. there is estimate from makenzie and company, which is a very highly respected firm, only 11%ly insured and everyone else lost their plans before and signed up but obamacare. i don't think any way you slice it this is not a good way for

the law to start. we'll see how it goes on down the road. we'll see if there is death spiral and the law collapses under its own weight. but for now it has not been a good implementation or even excuse for the administration. jon: and, mean narcs the lack of confidence this engenders in some people, i was talking with a friend of mine who, you know, has a job who provides health benefits is thinking about leaving for another job that doesn't provide health benefits but doesn't even know whether obamacare works, whether it is available or not. >> yeah. and that is the irony of this, jon. this was, obamacare was actually meant to provide security. it was actually meant to be portable insurance for people so that you don't have to worry about staying with a company. you don't have to we are about working for health insurance benefits as the white house keeps pointing out. that was the point of it. was to give people that sense of security and not link, link it to just having that job that has the benefits. but, yeah, if people are

insecure about whether the website works, whether their information, by the way is secure. we keep in mind that we've had cyber experts testify that your personal information is not secure and that hackers could get in and steal your personal information. jon: yeah. >> i mean, there is a lot of fear, i think, about, about signing up, in addition to the other problems. jon: jamie, the last democratic president, bill clinton said the era of big government is over and here we have this new democratic president who has, brought to bear probably the biggest big government program we've seen since maybe the establishment of social security. the fact is it's not working yet. what are, what are, what is that supposed to do for the future of big government? >> well it certainly puts some holes in the confidence that big government can do a lot of these things. this was even a few months ago i remember on "the daily show."

they had kathleen sebelius on. jon stewart made this point. he is a big government guy. he said this breaks down the confidence the american people have that the government can do these big programs. and that may be something that we see this november. as obamacare i think will be a major issue because it cuts across partisan lines. if you lose your health insurance or can't get a doctor or felt like you were lied by the president, doesn't matter if you are republican or democrat, that is going to affect you. even if you are a dyed and true democrat you might think about voting for the party that misled you and can't prove they put in the program they based their whole 2008 campaign on. jon: right. >> this could have serious consequence this is november and beyond. jon: it passed without a single republican vote. jamie weinstein, nina easton, we'll talk about the electoral prospects coming up in november a bit later on with angela mcglowan. thank you both. jenna: possible warning about a

new shoe bomb threat on airlines heading into the united states and now the department of homeland security are calling on airport screeners to be extra cautious especially flights from other countries. steve centanni with a little more on one of these big stories today. steve, does this indicate an attack is being planned? what are we to make of this announcement? >> reporter: no, not at this point but authorities are not taking any chances. the department of homeland security issued warning to airlines that it was based on very recent information deemed to be critical or credible that is. based on flights heading into the u.s. from foreign countries and the possibility of a new bomb something nothing new. an attempted attack occurred just after 9/11 when richard reid tried to set off an explosive concealed in his shoe on a flight from paris to miami. passengers subdued him before he could light the fuse. why are shoe bombs still a threat? >> what this indicates to me they believe they can somehow get past our security precautions we put in response to the original shoe bombing

plot. that is new type of explosive or new way to get past security but who knows. that is really frightening to me. >> reporter: there is no specific plot. the warning is being issued out of abundance of caution. jenna: steve, there are so many stories ahead of the olympics about possible terror attacks. can we read anything into the timing of the warning now that we're at closing ceremonies? >> reporter: it comes in the middle of the olympic games in sochi, russia, of course and before the olympic games began a different warning came out with terrorists with explosives in tubes of toothpaste or liquids and there is another consideration as well. >> look for evidence of the chemicals on your hands. the other thing to say is, that there is also concern about the fact that so many americans with ties to syria have been over there trying to get involved with the fighting on the side of the rebels to pull down the assad regime and now there is concern some of those people coming back, we don't know their intentions. we don't know what they're up

to. >> reporter: this appears to be a general warning not aimed at any specific airline or any particular foreign country. back to you. >> steve, thank you very much. coming up at bottom of the hour we'll talk to fox news middle east and terrorism analyst walid phares about this latest threat and what you need to know. jon: a father speaking out over claims that his daughter killed a man she met on craigslist. what he thinks about the death penalty if she is convicted of that murder. more blood on the streets of ukraine's capital city. fires raging, bullets flying as the government battles opposition force. the white house weighs in. we'll give you a live report coming up next. when you have diabetes like i do,

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miranda bar bore a manipulative liar. she doesn't believe she is mass murderer. miranda claims she killed 22 people across the country. miranda's father says if she is convicted he supports the death penalty. in hawaii, police say they don't have any suspect in the case of a pregnant woman who vanished a week ago. police have interviewed people who were last in contact with carley scott. murder trial for infamous missing child case is postponed. pedro hernandez was scheduled to go on trial in the disappearance a long ago of eaton pace. they are allowing time for psychiatric exams. jenna: developing story out of ukraine, a fragile truce shattered by violence there. leaving 22 people dead and that number could actually go higher. new clashes between ukrainian security forces and

antigovernment protesters breaking out in the capitol of kiev. there are bodies laid out in the protesters encampment and hotel lob business. we got a new statement from the white house, quote, we are outraged images of ukrainian security forces firing automatic weapons on their own people. we urge president yanukovych to immediately withdraw his security forces from downtown kiev. to respect the rights of peaceful protest. amy kellogg is live in london with more. aim any? >> reporter: jenna, we're getting lots of different numbers on casualties. the chief medic for the opposition saying the number of protesters killed is 70. we have not been able to get through to the ukrainian ministry of health for their set of numbers. it's a flexible situation and fluid situation. and as you mentioned this was supposed to be a day of truce. it has been the bloodiest day so far since the whole conflict

started up. european foreign ministers wrapped up with ukrainian president yanukovych and polish foreign minister who is uniquely positioned to have the both trust of east and west sides of this what is turning out to be a geopolitical party has gone to meet the opposition and president yanukovych's proposal to the opposition. of course the country that wields the most influence upon the president of ukraine is russia and it is not clear exactly what they have up their sleeve but they have decided tonight to send an envoy of their own to kiev as well. there are lots of snipers on the loose. that is particularly frightening. this video is showing protesters being shot at. ukrainian interior ministry says it is giving the police arms to be used within the law but with so many killed this week it is hard to believe that guns were not already in the mix and it does seem at this point both side are armed the ukrainian interior ministry also said that protesters have taken 69 or 70 police officers as hostages today.

the scene of bodies being treated in hotel lobbies, churches on the street, filthy slabs of wood are hard to watch but so many images are coming out. country that was supposed to be marking a truce but also a day of mourning. ukrainian olympic skier dropped out of the race in protest about events going on in her country. she said she is not a political person but she can not compete in sochi when her country is under siege. she said she plans to go back and may very well, jenna, decide to join protesters on independence square. russia's foreign minister today, sergey lavrov who is in baghdad says he believes if the e.u. puts sanctions on some individuals in the ukrainian government as there is talk they might do to try to exert some direct pressure, that would be tantamount to blackmail. that is the latest from here, jenna. back to you. jenna: amy, thank you very much. because of russia's involvement with the ukraine and statements like the one that amy just mentioned there is lot of

questions being raised whether or not this is return to the cold war. we're seeing a tangible, tangible fight in those terms, in the streets of ukraine. so what does that mean for the international community and the united states? kt mcfarland, fox news security analyst is coming up and will join us on that topic. jon: well, her ex-husband died in a car bombing nearly two decades ago. a former colorado socialite is on trial, accused of ordering his murder. plus more on that new terror warning for airlines about flights headed to the united states from other nations. who could behind it? ♪ ♪ ♪ where you think you're gonna go ♪ ♪ when your time's all gone? male annocer ] live a full life. the new lexus ct hybrid with an epa estimated 42 mpg. the further you go, the more intesting it ge.

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jon: right now a once-prominent aspen, colorado, socialite on trial for first-degree murder in

the car bomb killing of her ex-husband. happened a long time ago. arthel neville live in our new york city newsroom with that. >> yeah, jon, it happened a long time ago. it was like a time capsule opened yesterday when prosecutors gave their opening arguments surrounding that 1996 car bomb killing of once prominent arizona businessman and a once prominent aspen socialite on trial for the murder. her name is pamela phillips. in court yesterday prosecutors described phillips as a gold digger, who hired a former boyfriend to kill businessman gary triano in order to collect 2 million-dollars life insurance policy. the defense claiming that would help phillips to maintain her lavish lifestyle since she was, well, running out of money. at this auno was murdered nearly two decades ago as his car exploded leaving a country club in tucson after playing golf. prosecutors say phillips paid her ex-boyfriend, ronald young,

$400,000 to carry out the hit. young was convicted in 2010, sentenced to two terms of life but jurors are not allowed to consider his case while determining the fate of phillips. all right? so phillips, she is 56 years old. she has pleaded not guilty to first-degree murder and conspiracy to commit murder. her defense attorney says his client didn't do it. urging jurors to keep in mind that gary triano lived on the edge, the financial edge. he borrowed a lot of money from all sorts of people, many people who may be, connected to organized crime. defense adding that is who killed gary triano, not pamela phillips. he was a developer who made millions investing in indian bingo halls and slot machine parlors in arizona and california before con authorized tribes to open full-blown casinos. after the real estate market declined and he lost control of his gambling interests triano

went broke, the couple separated, eventually divorced. they had two children together. according to court documents, phillips remains beneficiary of triano's insurance policy, paying premiums herself. she left tucson, working in aspen working in real estate before meeting ronald young, the ex-boy friend. prosecutors claimed the two talked about the hit for years. the investigation into triano's killing stalled until 2005 when young, this guy here, was arrested on a warrant in colorado on fraud charges. authorities say he kept detailed records of his financial transactions with phillips seen in this photo, recorded phone conversations, invoices. prosecutors say police found divorce records pertaining to phillips and triano in a van rented by young. that is when young and phillips became the key suspects. keeping track of the timeline here, jon. by this time phillips had

received the $2 million insurance payout and she left for aspen for a life abroad. she went to austria where she was arrested in 2009 and extradited to tucson. now her case was delayed after a judge ruled she was mentally unfit to stand trial at this time. she is on trial now and that is continuing today. it is a bouncing ball to follow but i think we pieced it all together for you. jon: almost two decades later. arthel neville, thank you. >> you got it. jenna: back to one ever our top stories today. airports are on alert as the department of homeland security is warning airlines of possible shoe bomb attraction on passenger jets. the threat is not specific to any one airline or any one time frame or any one group. focus is on flights from overseas coming into the united states. walid phares is fox news middle east terrorism analyst and joins us now. certainly a lack of specifics but considering your expertise on this topic where does your

mind go when you hear a threat like this coming from the department of homeland security, a warning? what do you think? >> the information presented by the dhs is enough in my sense to trigger an alert but this is not all the government has in terms of information. and this is, this is why. if you hear explosives and shoes and international flights, these are not the three most important words. what is important is who have spoken to whom and where are these potential terrorists coming from and going to? which means that the government -- jenna: where would you he focus, walid? where would you focus on that question of who? >> we basically look what happened a few months before the assessment what the europeans have said, russians have said, our agencies have said. so far what we can see there are jihadists operate middle east specifically in syria, possibly yemen and libya who have recruited american citizens, european citizens. that is why we're talking about those international flights

individuals can use with their passports. jenna: have their passports as you just mentioned. part of the power of terrorism is fear. why make this announcement? >> well there is always an assessment as far as we know among those, should we release this information or not? there is also the fear of the post-benghazi, post-boston syndrome and if we don't something happened there is political problem. there is also this other possibility that we are sending a message to the public, to the public will be helpful looking around, not 300 million people but passengers and second, also, we are probably trying to deter the terrorists. we know what you're trying to do. we have declared a -- that would be deterrence. jenna: the olympics have gone by relatively calmly as far as any violence or terrorism despite all the conversation ahead of the games, walid. sources tell foxnews.com this has nothing to do with the olympicings but they're still on going and the closing ceremony is sunday. what do you think about the timing of this? >> look the fact we say has nothing to do with the olympic

it is means operationally speaking. this is not the same team that was threatening sochi but to me as an analyst i think that the jihad its in syria and those in the caucuses who have been been -- caucasuses are operationally not for this one but internationally for sure. jenna: speak to our viewers who may be traveling who may not be, it is scary for them. what do you say to them? >> it is scary. watch better your own surrounding. you're not responsible for national security of united states. do not panic. continue what you're doing. jenna: walid, great to see you as always. thank you so much. >> thank you. jon: a new setback to tell you about for the keystone pipeline. a county judge's ruling that could cost the country jobs and maybe energy independence as well. plus the battle for the senate this november. what republicans need to do if they want to win full control of both houses of congress.

jenna: right now a quick look what is still to come this hour of "happening now." deadly violence in kiev spiraling out of control yet again today, creating a greater divide between the east and west. is the cold war really over, or is ukraine a new chapter in it? we'll get into that. 911 call by a victim of a road rage killing moments before he died. detectives hope they will help catch his killer. tax dollars paying for this

man's pension at quarter of a million dollars a year. he says it is not enough and he is fighting for more. jon: well the midterm elections just about, oh, nine months away now and the big prize in november, control of the u.s. senate. with president obama's low job approval numbers, and the problems with the rollout of his signature health care law, democrats could be in serious trouble. so, what strategy are republicans planning to employ if they want to control congress, both houses next year? let's talk about it with angela mcglowan a fox news political analyst. how big of a hole are the democrats in at this point? >> they are in a very big, deep hole to dig them out. i worked in politics a long time. nine months is eternity away. jon: right. >> republicans need to have a solid strategy. traditionally liberals have been better communicators than my party. they are better at communications and also grassroots ad very cansy. there seems to be division in

the republican party regarding establishment republicans and tea party conservatives. so republicans need a concise message. people want solutions, not excuses and not the blame game. jon: it was thought last time around two years ago that republican cost take control of the senate and they managed to field candidates who went down in flames in the last, you know, few months best election. >> well, you have a candidate in missouri at that talks about legitimate rape, or when you have certain candidates that make mistakes, the marion stream mead waa will take it and run away with it. republicans have to come from a position of power and can not be on the defensive and need to be on the offensive. if we're going to bash the president's plan, if we're going to talk about what we can do, we need to actually have legislation and one solid message. what obama and this administration has done very well, they're great with political strategy and they have one message that they keep saying. we need that in the republican party. jon: fellow named sean trend crunches the number for "real

clear politics." he wrote a fascinating article looking at all of the possible permutations. it gets into some pretty heavy statistics. >> yes. jon: that is one class i took in college. >> i did too. jon: but here's one of the conclusion that is he reaches. that basically if president obama's approval numbers stay where they are right now, he writes, that obama's current 44% approval rating, we would expect democrats to lose somewhere between nine and 13 seats. that is a far bigger number than i have seen projected anywhere else. >> again, it is get-out-the-vote campaign and grassroots strategy and democrats are very good at getting people to the polls. however, in a midterm election and presidential off year, republicans go to the polls a lot more than democrats. so republicans have that in their favor. also that the president now is unpopular, but republicans should not be overly confident. you have to gauge your constituency and one solid message.

jon: and do you think that the mess that obama care has been so far is part of the reason that the president keeps, you know, whipping out his pen and pushing back some of the requirements of the law so that you know, some of the onerous responsibilities are not laid upon the american people an employers and so forth until after the midterms? >> jon, if you remember in 2010, i ran for office myself, wasn't successful, i ran in 2010, obamacare, that is what caused the republicans to win the house. the same thing is going to happen this time, however, for the senate we need a lot more than just bashing the president because we have an anemic economy, still job loss, and the american people want solutions. if you look at the president's approval ratings, compared to congress as a whole, he is still doing a heck of a lot better. jon: well, and people like him personally. >> he is likeable. he is charismatic. and republicans need to talk about those economic issues, those kitchen table issues. we need to stay away from, you can not legislate more or less

and values, and pro-life and sanctity of marriage. we need to talk about issues that put more money in people's pockets because they know what is best to do with their dollars. jon: we have a lot to talk about between now and november. angela mcglowan, thank you. jenna? jenna: one of those topics, jon, is the keystone pipeline and a new roadblock for the controversial keystone pipeline just surfaced in nebraska. a nebraska judge striking down a lou that would have allowed the pipeline to run through the state, creating another set back for the project. peter doocy live in d.c. with more on this. peter? >> reporter: jenna, now comes the appeal. the judge in nebraska, ruled that the governor there, dave heineman, can not approve himself keystone's construction in the state. she instead ruled that the nebraska public service commission need to be the ones to sign off on keystone if it is going to be built in nebraska. senator john hoeven from nearby north dakota, another state that the keystone xl would pass

through, says this now, quote, because the state of nebraska made a thorough review of the alternative root route would we expect the nebraska public service commission to make the same decision as the governor to approve the new rout r route and do so in a timely manner there is no timetable for keystone xl approval t might take a while and president obama explained why last night in mexico. >> i know it has been extensive and at times, i'm sure stephen feel as little too laborious but she is are how we make these decisions about something that could potentially have significant impact on america's national economy and our national interests. >> reporter: for five years now a company called transcanada has been trying to build keystone xl. their response to this nebraska judge's rule something this, quote, we are disappointed and disagree with the decision. we'll now analyze the judgment and decide what next steps may be taken.

transcanada continues to believe strongly in keystone xl and the benefits it would provide to americans. thousands of jobs and a secure supply of crude oil from a trusted neighbor in canada. and remember, jenna, it was just a few weeks ago that the state department found building keystone xl would not really jack up the greenhouse gas emissions on planet earth. back to you. >> peter doocy, live at the white house. peter, thank you. jon: there is some new information on a road rage murder mystery we've been following. police are now releasing a chilling 911 call that the victim made just moments before he decide. they also have a picture that they're hoping will help catch the killer. also, chaos in kiev spiraling out of control. is ukraine the final episode of the cold war? fox news national security analyst kt mcfarland is here to talk about that.

jenna: right now a big story today. a crisis spiraling out of control in ukraine. dozens are dead. hundreds more injured in the capitol city. snipers firing at antigovernment demonstrate stores in kiev as they throw molotov cocktails and firing as well. that is how these demonstrations originated way back in november. george will writing an opinion piece in the "washington post" with the headline, is ukraine the cold war's final episode? kt mcfarland is a fox news national security analyst and former deputy assistant secretary of defense in the reagan administration. she recently met with russia's deputy prime minister and has expertise in this part of the world. kt what do you think?

>> we thought the cold war was over and won it without firing a shot. putin thinks it is coming back. he doesn't think we won it. how is he fighting the cold war? the same way we won it last time. on economic ground. jenna: is he winning? >> i think he is doing a pretty darn good job. why? because he has ukraine in an economic vice. they're broke. they have a $15 billion debt. nobody will lend them the money. nobody will bail them out, except russia. they're vulnerable with their energy. all of their energy from natural gas pro russia. russia has shown in the past they're per lechly content to turn the spigot off unless they get what they warrant politically. jenna: we've seen them do it before. the president keeps talking about cold war question months and months after the demonstrations began. here is his take on the situation in ukraine. >> mr. putin has a different view on many of those issues and i don't think there is any secret on that and our approach in the united states is not to see these as some cold war

chessboard in which we're in competition with russia. our goal is to make sure that the people of ukraine are able to make decisions for themselves about their future. jenna: what do you think of that message? >> well, what is he saying? saying we want to make sure we insure that the people of ukraine can make their own decisions? how are you going to do that, mr. president? are you going to bail them out? are you going to find a way for them to have energy? will you go eye-to-eye with putin? you certainly have not done so so far. highly unlikely you will do so now. frankly what president obama says is a lot of empty words. jenna: what could you do? >> here is what you could do and i don't think anybody is willing to do it. give them a little bit of moral support. that is how reagan started winning the cold war. the second part is economic assistance. i don't think we will bail them out. i don't think the europeans want to or have the ability to do it. what president obama could do is say, energy, we'll help you develop your shale. we'll help you frack.

but president obama isn't doing that at home. he is highly unlikely to do it in ukraine. finally he would have to stare down putin. the problem, jenna. putin will not let his go. it is part of his plan to rebid the greater russia and ukraine is the crown jewel in the first step in it. jenna: what does he gain and we lose if we can look at it in those terms if at the end of this crisis and there is really no end in sight right now. >> nope. jenna: the ukraine does move closer to russia? what does he win and what do we lose? >> what putin is trying to do, he said in the past one of the greatest tragedies of the 20th century was the dissolution of the soviet empire. he is trying to build it back. how is he doing it? he is active in the middle east again. countries which used to be our allies he is making deals with. he just inked an arms deal with egypt. he also shown at the olympics, russia is back. russia is with beijing, with london, with salt lake city. we can do olympics and do them brilliantly.

what he looked at with ukraine, we're not going to let that go. that is our bread basket. those are ports or for us and historically greater russia. jenna: you say you're watching military? >> yeah. jenna: why? >> who knows. this will, nobody is going home. demonstrators realize that they either prevail or go to jail for life. so they're not going to go home anytime soon. there is no political settlement they can see working out. the question will be in another week's time, if it gets worse, if western ukraine rebels even more, what happens with the ukrainian leadership, send in the tanks, send in riot police, start shooting these people? will the ukrainian military take orders from, what the rest of the world looks at is russian, these are russian puppets these ukrainian leaders. will the ukrainian military fire on its own people? not unlike the situation we saw in egypt during the arab spring. where will the military be? jenna: the military in egypt took a big step back.

a really interesting turning point in the demonstrations in tahrir square. >> they sided with the people. we'll see what the ukrainian military does and if it comes to that and i think it will probably come to that. jenna: kt, good to see you as always. jon? jon: there is new clue in the road rage killing case along i-81 and it comes from the victim moments before he died. we'll play that chilling call to you next. (car starting) great. this is the last thing i need. seriously? the last thing you need is some guy giving you

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jenna: he makes more than a quarter of a million dollars a year and he is not even on the job anymore but the former sheriff of ventura county doesn't think that is enough and he wants more. now he is at the center of a pension reform fight. william la jeunesse is life in los angeles with more. william? >> reporter: jenna the sheriff is just a symbol of a statewide

problem. imagine a lifetime pension higher than your final salary? if you're in the private sector you probably can't which explains why the have-nots aim to roll back the pensions of those who have. >> there is no doubt about it, there is no doubt about it. >> reporter: ventura county sheriff jeff dean worries moving county employees including 700 deputies from defined pension to four own one k would turn his force into a second-rate department. >> it's a great concern because it is about human beings and lives and future of your organization you're talking about. >> reporter: dean's predecessor, earned $227,000 when he retired. a new database shows his pension today almost 280,000 and he is suing for 75,000-dollars more. >> people are so excited that finally somebody is going to do something about this problem. >> reporter: lawyer jim mcdermott is spearheading a ballot initiative to fix what he sees as embarrassing and unsustainable pension system. >> we think the most important thing to let voters have a choice in this.

>> reporter: san diego and san jose passed historic pension reforms though union lawsuits blocked the san jose 401(k) mandate for new employees. >> reforming pensions is really popular with voters in blue states, red states, doesn't matter. people want government workers to have benefits that are somewhat in line with what they expect to get in their private sector jobs. >> reporter: 20,000 state employees pulled down in excess of 100 grand a year. 73% of state voters in favor of 401(k)-style plan for public workers but any initiative, jenna is going to be a bloodbath because the unions will pour in money. supporters still have to collect the signatures. back to you. jenna: interesting story, william, thank you. jon: some brand new information now on that road rage killing we've told you about. it took place last month. including what the victim told a 911 operator just minutes before he was shot to death. arthel neville has more on that. >> hi, jon. looks like the victim may have been able to identify his

killer's truck before dying as he sat in his suv alongside a highway at 2:00 in the morning. police have release ad photo. they say the photo shows a ford ranger pickup truck with a similar color to the one described by timothy davidson. 28-year-old davidson was shot and killed last month. now police say the photo shows a ford ranger pickup truck with similar color to the one described by davidson. police also releasing a short ought yo clip of the emergency call davidson made to 911. take a listen. >> and of course, police are asking for your help there is a tip line that you can call and pennsylvania police department. 800-4 patips. jon, a 10,000 dollars reward is

on the table. jon: let's hope they get that solved. arthel neville. thanks. jenna: a manned day hayes is accused of killing her husband's ex-girlfriend. the decision and emotional reaction next e. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutrition inharge™. too small. too soft. too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection. [ cellphones beeping ] ♪ [ cellphone rings ] hello? [ male announcer ] over 12,000 financial advisors. good, good. good over $700 billion dollars in assets under care. let me just put this away.

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>> big development on our top stories. breaking news this hour. >> the president using his pen to go over the head of congress. whether he exceeded his constitutional authority. the panel debates the boundari boundaries. plus, a watershed moment as democrats take a beating from obamacare. one columnist calling it collateral damage. why the problems are so different this time the what it means for republicans as well. the deadly protests now felt halfway around the world right here in the united states. it is all "happening now."

but first, as republican lawmakers push back against the president's increasing use of executive authority the supreme court is set to consider the limits of that approach. glad you're with us, everybody. jon: i am jon scott. monday the high court will decide the president went too far trying to regulate emissions from sources like power plants. following a string of executive orders including raising the minimum wage for federal contractors, making good on his promise to enact his second term agenda with or without congress. juan williams, fox news political analysis with us. also, a fox contributor. the supreme court is going to rule on these epa regulations various business groups have challenged. is this a fundamental challenge to what the president has been doing to pending on how supreme court rules? >> no, it is not. it has become such a hot political potato.

the congresswoman from minnesota has briefly talked about an intolerable invasion of authority with the obama white house, but what the court is really ruling on is whether or not the interpretation of an '07 ruling that the epa has the right to regulate greenhouse gas emissions from cars and trucks motor vehicles can also be used to extend it to things like power plants and businesses. a panel for the u.s. court of appeals and district of colombia has ruled the administration does have that authority. they want to go back and look to see if in fact the administration has exceeded its authority. jon: part of the discussion, and it gets a little in the weeds when you talk about supreme court cases, but a lot of the discussion involves the question of whether or not congress

intended absurd results from some of these regulations that come out of the administration. >> i think juan is right in how he describes this. they will not overturn the ruling from 2007, although once again this is one of these situations where basically whatever justice kennedy thinks the constitution means is what the constitution means because he will be the deciding vote again. i don't think the founding fathers intended the constitution driven after it next to it saying pending approval, but that is the situation we are in. this gets deep in the weeds on a lot of this stuff and essentially argument is the clean air act was never intended to regulate carbon, which is a naturally occurring gas in the atmosphere, the administration is overstepping its bounds for using the supreme court's

approval to regulate carbon to essentially have a centralized energy plan run out of the epa bureaucracy. the white house will continue to want to have that even if the supreme court overruled some of this stuff at the margin. jon: if the supreme court agrees with some of the opponents and the regulations, many people are saying this supports the case particularly this administration has been way too zealous using executive power to accomplish what it wants. >> this is built i guess on republican objections to things like the administration saying they are not going to defend, they will allow gay marriage to go through marijuana laws, and the affordable care act would be the number one, but it really

doesn't speak to those issues, it is very specific dealing with environmental concerns. and the administration and environmental people point out there are other ways he administration can get to the same result without looking to the kind of supreme court decision and its authority under that ruling. matter what happens, we are in the weeds for most people here. the supreme court will have said in this case you exceeded your authority. that is the case, the biggest critics will celebrate. >> it was republican president who brought the epa into existence, do you think he is rolling over in his grave at some of these rulings, some of the decisions they have come up with? >> i've always argued richard nixon was less liberal republican president. he launched affirmative action, he was in very many ways the rockefeller republican liberal.

i don't know that he would be rolling over in his grave. the legal stuff people will get in the weeds on and will score if he wins or loses, but they're also going to know the obama administration is essentially trying to destroy the coal industry. anywhere in those red states where the coal industry is important, that will be the take away, the supreme court let the obama administration continue with his plan to make electricity prices skyrocket and make electricity plant basically an impossibilit possibility goie future. jon: we will see what the supreme court, what they decide. the decision will be coming for some time to come. thank you. jon: thank you. jenna: setting up a big conflict at the white house. raising questions on jobs and

the biggest priorities raising the minimum wage and the new health care law. live from washington with more. >> if the economy, stupid. often rising or falling on how may people are gainfully employed. i'm a people are working. key members of the party have been making a different appeal, especially following reports that find legislative pillars of the democratic party, obamacare and raising the minimum wage will result in job losses. this new appeals just job losses or job changes are not necessarily bad. >> is saying we're going to discourage kids who are latchkey. people are going to be able to retire, people might be able to cook dinner rather than have to get takeout.

>> specifically designed to allow people to leave their jobs and start new companies. entrepreneurs, startups. i don't really care what he says about the job impact of obamacare. it is a far reaching impact in part of it will be to encourage entrepreneurship. >> some believe that kind of thinking marks a change in culture and politics. >> the idea of the rugged individuals who is a self-reliant person to make his own way in the world is something deeply embedded in the american character. >> critics say the i have alwayd freedom to do as much or as little as they want. what is different on this new paradigm is hard-pressed taxpayers will be forced to foot the bill for the choices others make to work less. jenna: dog, thank you.

jon: the violence is on the increase. the deadly shut down looks like an all-out war. shocking scenes of government forces with automatic weapons mowing down protesters. reports of 70 people killed in the fighting just today in the capital of key have. looking for closer ties to europe while the president wants to remain a close ally of russia. witanother bit of dramatic development, and report saying protesters have captured 67 police officers. mike is live with reaction here in the states from a ukrainian community in chicago. reporter: this neighborhood is known as ukrainian village with extensive networks reaching back into the old country. one of those networks is going by the name of medical help for protesters.

saying the borders are closed, you can't get the injured out, so what are you trying to do? >> we are network of medical professionals to help the injured. right now we're looking to collect funds in order to help the injured in ukraine. >> they can withdraw them in the you can. ukraine. >> i want to introduce you. you have seen the bloodshed has increased dramatically since the talk of the cease-fire compromise has fallen apart. were you ever optimistic a compromise was possible? >> absolutely not. this is not a civil war between east and west. this is overthrowing a corrupt government and instead we would like a true democracy.

>> no solution, no compromise. >> absolutely not. >> with a lot of demonstrations around chicago of ukrainian nationals with a couple of clear messages. ukraine cannot solve this problem on its own and the help they want from united states is sentient. fighting sanctions putting pressure on the government. john. jon: reporting live from chicago, thank you. jenna: the president promised to end the nsa controversial collection of phone records but that may not happen anytime soon. why then expand the program instead. we will catch you up-to-date on that. and the details in the brutal beating of this man outside dodger stadium. a big turn in the case because he today as victim speaks out about his painful ordeal. and a shakeout in the miami dolphins bullying scandal. is ju♪

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jenna: new fallout today in the nfl bullying scandal. many dolphins firing more people after a scathing report on how the team handled the case. in the newsroom with more. reporter: the quickest way to fix a problem or shift a culture the locker room is to start at the top. offense of line coach and head trainer were the first two staffers to go. the coach had been with the team for two years. kevin o'neill had been with the dolphins organization for 18 years. these moves were the first tentativpunitive steps taken bye miami dolphins since a report on the nfl's investigation of the case was released last week. the wealth report stated dolphins offense of lineman jonathan martin was subjected to a pattern of harassment that included racial slurs and vicious sexual attacks about his mother and sister by three teammates. those teammates, richie

incognito, who was suspended by the dolphins in november, and fellow offense of lineman john jerry and mike harassed martin while another lineman and an assistant trainer routinely came under attack according to the 144 page report. the investigation also found that one of the head trainer's assistance who was born in japan was the target of racial slurs by incognito and the others. the trainer did nothing about it. according to the report, o'neill even laughe laugh at some of thl imports lob that his assistance. "the language and behavior described in the report are against the core values of our organization." he says he has been in contact with jonathan martin, who left the miami dolphins midseason last year.

the owner saying he will meet soon again with the two year veteran. martin has two seasons remaining on the contract with the dolphins last month ross says he doesn't believe the tackle would play again for miami. the nfl has not said if incognito or the others will face suspension. jenna: thank you. jon: guilty pleas expected today from two men accused of taking a sports rivalry too far. they are charged a brutal beating outside of dodgers dodgr stadium back in 2011 which left symphysis good giants fan brian stow with brain damage. live in the west coast newsroom. so things are getting underway in court now, what can we expect? reporter: court is expected to begin literally at any minute. the bailiff has called the media out. the second family is where the stow family is to give the victim statement on what happened and how this is affecting them and their son, brother, father brian stow.

hard to believe it has been three years since this attack when brian stow was in southern california at dodger stadium as he left with his friends, from northern california, they were attacked in the parking lot. we are told the two suspects, sanchez and norwood, they both will schedule and enter pleas today in court. mayhem assault, battery in the eating. sentenced to eight years and receiving four years, jon. one reason this may, they are pleading guilty is there were a number of victim statements as well as a number of people that were eyewitnesses that saw them that night according to the eyewitness report, sucker punched him, kicked him in the head and did these vicious things because they claim he was taunting them. witnesses say that did not happen at all. they were just giants fans

leaving the game. jon: how we heard from stow family at? >> with the statements from them. there is the website to bring money for their son, he will never fully recover from the beating. he cannot close his hands. he forgets things, he was told a couple of minutes later. he still has seizures. some of the monetary reports they continue to give, giving the updates in that regard, they haven't yet spoken about the fact these two men will plead guilty. we have a producer there right now, cameras are allowed in courtrooms, they are not live feed, they will be tape delay. we will be able to show you that video when it happens.

this is a big deal, changes the way a lot of sports teams across the country not just baseball address the way they have security in the parking lot and around the stadium, of course dodger stadium has a significant increase in security because of this attack and still court cases involved in this as well. jon: one of the defendants have pleaded guilty now. we expect the other one will plead guilty in the brian stow case. thank you. jenna: we move on as a white house makes a new admission of enrollment. the collateral damage from the botched rollout of the laws damaging the brand in a big way. what is means for the midterms and beyond, what does it mean for the republican party to pick up the slack. an update on on the story we he been telling you about. what the feds are saying about a controversial national license plate data proposal. that was the proposal.

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jenna: the vice president on the record saying the white house may not meet in romans goals with the new health care law. the collateral damage is taking a toll on the democratic brand. they call him today writes with every new reboot of obamacare glitches in the horizon, the policies cancel and resurrected at a higher cost for the america are seeing the democrats performance benchmark will get anyone else fired. deputy editorial page editor of the "wall street journal." always nice when things work out

when a guy writes the pieces on set with us. he's it will damage the brand, why do you think it can have a lasting effect? >> politicians seem to think they operate in a vacuum. most of the time perhaps they do. washington down there, the thing about obamacare is it is out there operating in the real world that people live in. obamacare is the biggest product since at least medicare. it is out there in front of the american people not performing almost every day. the rest of the world if that happened, say if he rented a problem like they did, blackberry phone start losing out to the iphone or even lululemon the problem they had with yoga pants, they will move away quickly. support on your brand can collapse. the democrats running the risk of having that happen to their party with obamacare.

jenna: yoga pants, that is the comparison. if you don't like what you see and you don't like the experience, you go somewhere else. is there somewhere else for voters to go when there is no alternative right now to obamacare? >> it is a historic opportunity for the republican party. the reason this happens is because people have choices. they are very disaffected about what democrats have done with this huge social program and they are open to alternatives. the challenge now will be for republicans to come up with some ideas. part of it is the idea of the government is not always going to be able to help you because the government has blown this huge program. people saying i didn't like that policy they were trying to force on me. i would rather make up my own mind. the ideal choice often of the center of a republican idea. they have to find a way to articulate it. jenna: you say this is a

historic opportunity. this obamacare will lumber forward and let's face it, the new normal, whatever that is. we are just two things. do you think the g.o.p. should be brave and bold and put out a plan over the next several months before the midterm election that would be an alternative that would resonate with the message using the nongovernment solution that you say they should advocate for? >> don't have the party itself wilup without a plan. i think it is a mistake not beginning to talk about this subject making it clear to people what they need is something like a lump of money, a voucher, a tax credit that would allow them to take it and decide which insurance policy fits their native and if they are required to buy it. jenna: why do you think they are not taking the opportunity that is there? >> debt ceiling and immigration, they are afraid of the voters, for the democrats will attack

them when they have obamacare out there eroding support the democratic party. up to this point i can understand that, but before november as people get more and more upset about what obamacare is doing they will turn in this direction say what both republicans offer me? they better come up with an answer. jenna: great to see you as always. jon: we have been telling you about the brian stow case in california, a san francisco fan beaten up left badly injured and brain-damaged outside of the dodgers stadium back in 2011. now a second defendant in that case has pleaded guilty right now you're seeing some of the statements from members of brian stow's family for the impact this case has had on their lives. the second suspect has pleaded guilty. we heard in that report maximum of eight years sentence expected to be imposed. we will continue to listen to

this testimony and keep you covered on this case as it moves forward through the court system. so much for playback on government snooping. the nsa considering the opposite. how the agency could be expanding its surveillance programs on millions of americans. plus, performing unnecessary surgery in the name of advancing medical knowledge. is that ethical? a controversial study backed by the fda straightahead. [ sneezes, coughs ]

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jon: well, "happening now" as lawsuits pile up against the national security agency over its controversial collection of americans phone records the government is now considering expanding the program. molly henneberg live in washington with more on that. so how would the agency expand it, molly? >> reporter: jon, by keeping those phone records longer than they do now. the national security agency has this huge database of phone records in an effort to uncover links to terrorism they say. those records are usually purged according to "the wall street journal" after five years but due to lawsuits against the government about this kind of surveillance, lawyers for the obama administration say the government may need to hold on to these records as the lawsuits go forward. jon? jon: so, critics are divided on what should be done with these records, right?

>> reporter: yes. for example, you have the electronic frontier foundation which is suing the government over the nsa surveillance telling "the wall street journal" that the government should save these records because they could be used as evidence in the lawsuits. and then you have republican senator rand paul who has filed a class-action lawsuit over the surveillance. well his lawyer says the government expanding the program to hold on to more records is quote, just silly. and that his clients likely would want the government to continue to destroy the records even as the lawsuits go forward. jon? jon: molly henneberg, in washington. thanks, molly. jenna: well our next guest says there's an ethical controversy swirling around the food and drug administration in what he calls, sham surgery. here's an example. the agency approving a study by a company on a medical device that treats serious cases of high blood pressure. the surgery performed on some of the patients looks like the real thing with all the procedures and invasive measures but there's a catch. some of the surgeries were fake and the patients got, in effect,

placebo surgery. dr. scott gottlieb is an internist and resident fellow at american enterprise institute. he wrote about this top i can and it is a topic we didn't know that much about, scott. tell us about sham surgeries. how often are they happening and what happens when they're done and what is the fda's role? >> this is relatively new. this is new clinical trial design fda is employing in some cases with medical devices where they require companies to randomly select patients to get the procedure done with the experimental medical device or essentially get a fake surgery to constitute a placebo arm. many people are familiar with in drug trials the some parents get an experimental drug and some patients getting sugar pill, inert placebo. now they're doing placebo trials to medical devices this obligated to surgeries in many cases they don't need at all. there is anesthesia risk.

there is cutting involved and patients don't know whether they got surgery or not. jenna: you say patients are obligated but do they volunteer for the clinical trials? >> there is informed consent but patients might not know they get a the real procedure. there is lot of risk associated with this as i said. you could have reaction to anesthesia. there could be infection. there is notion you shouldn't introduce harm to patients in experimentation without potential benefit. this seems to violate the long-held knowing that we shouldn't do things to patients knowingly hurting them in a clinical trial without benefit. in this case where the patients are not getting real procedure there is no potential for benefit. fda addresses ethical issues. the patients can cross over later on and get second surgery. in many case that is requires second surgery and risks attendant to that. jenna: we reached out to the fda.

scott, they say, patients requested access to clinical trials for promisings new treatment options and for our part we worked with companies and patient advocates to do this in a safe, transparent and responsible way. fda is chit committed to assuring reasonably safe and effective, high quality medical devices are available to patients. one of the questions on that, scott, is there other ways to figure that out decides doing a sham surgery for example? >> right. jenna: what other ways could they ensure that a medical device would work? >> i was deputy commissioner of fda from 2005 and 2007 and worked there before that and over that time period we used to deploy what we called non-inferior recordty trials in cases like these. patients would get the actual surgery and new medical device and some patients would get standard of care. that might be different surgery or might be medical therapy. what you would do in those trials you prove the new device is equivalent to the old device or the old procedure or the existing standard of care.

those trials were pretty good for determining whether or not new medical devices worked. what the fda its saying now they want trials to be more statistically rigorous. they want a higher level of certainty around a benefit they think they're observing in a clinical trial. so they're requiring these placebo controlled trials, sham surgeries, because they are statistically more scrupulous. jenna: it comes down to us, what kind of care we're going to receive, what kind of medical device we're going to receive. at the end of the day is this better as bizarre it is? i know you have ethical issues with it. i'm sure viewers can understand this as well. will this lead to better health care for us or do you think it's a waste of time? >> right. keep in mind, these are not questions of safety but benefit of the devices and how much statistical proof should you need to demonstrate a medical device is delivering the benefits you think it is going to deliver. the reality i think the old

construct, non-inferiority trials were better looking at these questions a new medical device might deliver other benefits besides just better treatment. the medical device i wrote about yesterday was for treatment of high blood pressure. it might be no better than medical management. no better than taking high blood pressure pills. if it in fact it can keep you from having to take the pills that is real benefit. the old trials construct, is better for teasing out secondary questions if you will. things like is it better than the existing approach? is it less invasive? is it easier for the surgeon to do? sometimes the question most important question is not the absolute benefit of a medical device but other questions, is it better than the alternative? these sham trials all they really answer is the medical device better than nothing. in this case nothing is a fake surgery. jenna: interesting. that is one of the things motivated you to write about it considering your experience. scott, great to see youals always. thank you very much.

very interesting topic. >> thanks a lot. jon: in a interesting legal case we're following amanda hayes convicted of murdering her husband's ex-girlfriend but the case may not be over. her team programs to appealconviction. do they stand a chance? the unlikely baseball fan who might become the milwaukee brewers unofficial mascot.

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you want a way to help minimize blood sugar spikes. support heart health. and your immune system. now there's new glucerna advance with three benefits in one. [ male announcer ] new glucerna advance. from the brand doctors recommend most. jon: north carolina jury convictions amanda hayes of second-degree murder in the death of her husband's ex-girl friend. the verdict coming after nearly three days of jury deliberations. >> ladies and gentlemen, your foreperson has reported it is the unanimous verdict of the jury the defendant is guilty of murder in the second degree. if this was the unanimous verdict of the jury, murder in the second degree and this is your individual verdict of guilty of murder in the second degree, would you indicate that please by raising your hand?

jon: hayes was accused of conspiring with her husband to murder 27-year-old laura ackerson. the defense argued hayes was coerced by her husband into helping him dispose of the body and did not actually participate in the murder itself. her attorneys now plan to appeal the conviction. let's bring in our legal panel today. ebony williams is a criminal defense attorney. phil snyder is a former prosecutor. phil, you said a second degree conviction in your view doesn't necessarily fit the facts of the crime here? >> well, you know it doesn't make sense. first off you can't fault the jury. they spent time. they spent three days evaluating this evidence. the verdict that they came back with seeps to split the baby what lawyers call it. the state was act for first degree, acting in concert. and defense said she didn't know the crime until her actions after the murder why should should be here. they are splitting the baby so

we can't figure it out so we'll convict on murder two. jon: ebony, what do you think the prosecution did that had its greatest effect on the jurors? >> certainly, jon. the prosecutors did really two things that i think sealed this conviction for them. first they highlighted the fact this woman, amanda hayes, is former professiol actress. she appeared in a number of prime time hit series in small roles nonetheless. the prosecutor's closing argument this was the performance of amanda hayes 'life. when you make that statement, you make the jury's second-guess themselves, even if they bought the story of coercion they have the underlying sentiment this is perform as as well. that will raise likelihood this will bring back a conviction. the jurors highlighted how her defense story didn't line up with the evidence. i think phil is right. what we see is compromise verdict of sort. jon: phil, they did poke holes in her credibility pretty thoroughly. >> poke holes, they took a big

bazooka and blew it apart. crime until dayswas i didn't lateer? that is not accurate. the physical evidence and the testimonial evidence said she did in fact know. when she when to talk to her sister, my god, i was responsible for the murder of laura ackerson. secondly, there are letters, second part where she was afraid of her husband. there are letters in jail saying that how much she loves her husband, how they want to meditate together. i think the state did an excellent job blowing big holes into the defense's two main theories how she wasn't responsible for the first-degree murder. jon: ebony, they promised to appeal, her defense lawyers have. do you think they have much of a chance. >> no. to win on appeal you have to show some type of reversible error done in the proceedings themselves. without some type of, you know, massive new evidence, or some type of error on the part. judge in this case which i certainly see none they will not be successful with appeal. i like to highlight, jon, one thing surprised me is the

sentence. she got sentenced to 15 years. she will serve 13 more and credit for time served. i practiced in wake county, north carolina. that is a pretty conservative jurisdiction. 15 years on second-degree murder is pretty light. so i do think that is another indication of the bit of leniency we're seeing an perhaps it is because she is a woman. i don't know that a male convicted of second-degree murder of a gruesome crime like this would have gotten 15 years. jon: in your view she should be thanking her lucky stars. phil and ebony. thank you both. >> thank you. jenna: update on a story we told you about yesterday, a proposal from the department of homeland security asking a private company to create a nationwide license plate tracking system that would specifically target illegal immigrants but also record all of our license plates potentially. judge andrew napolitano was on the show yesterday. here is what he had to say about it. >> it is insane in this environment the government would want to target illegal immigrants. guess what, they can't. they take the picture of license plate before they run it through

computer they don't know who it is registered. they're looking for needle in the haystack. photograph every license plate in the chicago of chicago to find a couple hundred who are legally present. that is not efficient and not constitutional. jenna: the department of homeland security is abruptly dropping plans for the project. the department of homeland security spokesperson the contract solicitation, proapproval, was posted, quote, without awareness of i.c.e. leadership, end quote. for now that idea is tabled. ukraine not the only hot spot overseas. new violence also erupting in venezuela. a live report on the deadly clashes coming up on that next. plus one powerball winning ticket, one lucky winner. who will step forward and claim $425 million? check it out.

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jenna: in ukraine there are new clashes erupting in venezuela. antigovernment protesters and security forces fighting in the capitol city streets there. violence has killed at least six people in the past week. phil keating is live in miami with the late on this, phil? >> reporter: another day of burning trash and barricades in and around caracas. the opposition leader asking them to stay firm. the harvard heavy educated economist remains in prison after surrending in caracas two days ago. military tribunal ruled lopez will not be freed before his trial. the socialist government charged him with criminal incitement and arson related to six deaths and damage related to protests that shut down parts of the country for more than a week.

greatest challenge to date of president nicholas maduro's post-hugo chavez presidency. >> translator: this fascist we detained is well-guarded in prison. he is tried for having called for a coup and he should respond. >> reporter: the dead include 22-year-old genesis carmona, last year's miss tourism of one venezuelan state. she was shot by a motorcyclist who fired into a crowd of antigovernment protesters. florida senators, marco rubio and bill nelson condemned the government's action as did president obama yesterday. earlier today venezuela expelled three u.s. officials from venezuela. the u.s. state department is weighing exactly how to respond to that. jenna: phil keating live in miami. phil, thank you. jon: well, right now some lucky person is $425 -- $425 million richer, before taxes. just one jackpot winner from last night's powerball drawing.

the store that sold the winning ticket also getting a chance to cash in. arts them neville is live at the breaking news desk. >> jon, talk about california dreaming coming true, milpedis, california, proved to be the luckiest place specifically the disks son landing chevron station where someone bought a lottery ticket that matched all the six numbers. plus the powerball number 34. $425 million richer. the owner of that ticket is, well before uncle sam's cut, lump sum payout, 227.8 million. but just who is my new bff? the winner has not identified him or herself yet. could be a group of people. don't know yet. the odds of getting all the numbers right are 1 in 175 million. lottery officials say they're still waiting for results from other districts and that there could be more winners, two

tickets with five of the six numbers were sold in el segundo and modesto. must be something in the water out there in california. so this is the second big ticket winner sold in the bay area in two months. on december 17th a megamillions ticket sold for, in san jose for a record 648 million-dollars prize panned to think the california just got in the powerball game less than a year ago. jon? jon: somebody is smiling this morning. >> yeah. jon: arthel neville, thanks. >> sure. >> from california to milwaukee. the milwaukee brewers have a new top dog. jon: very nice. jenna: meet hank, the team's new unofficial spring training mascot, named after none other than than hank aaron of course. the scrappy little pooch wandered into their training camp in phoenix a few days ago and winning hearts. you can see why. a staff member took him to the vet for a shot and bath. he is making rounds, a little bit of a celebrity and hanging out with staff and players and

coaches. you can follow hank now you can on twitter. you see the address we'll put up on the screen, hopefully for you. we were supposed to but maybe not is it there? there it is. brewers, at brewers. there is little hank. there you go, jon. jon: hank has a whole new life. jenna: competition for winston if i ever saw one, your pooch, no offense. a little competition. jon: we'll get a winston update soon enough. talk about having a blast on the ice? check this out. [explosions] no, this is not extreme ice fishing, cabin fever, any of those. we'll explain what is going on here coming up. is loaded with prote! i'll believe it when i -- [ both ] oooooh... [ female announcer ] as you get older, protein is an important rt of staying active and strong. ensureigh protein... fifty percent of your daily value of protein. low fat and five grams of sugars. [ major nutrition ] ensure. nutrin charge!

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one small town in michigan taking extreme measures to try to prevent flooding.

they are taking advantage of mild temperatures to use dynamite to break up rock hard river ice that is two feet in spots. and damming up the water flow. they are being proactive rather than way for flooding. >> light me the dynamite. thank you for joining us. start with a fox news alert. 8 o'clock p.m. at night in the ukraine capitol of cove keef. darkness enveloped the city for the past hour as the city braces for more tragic violence. so far at least 21 people have been killed in the latest fighting in that country's future. the exact number is hard to come by amid all of the chaos.