>> changes for the military and what the cuts will be look and why we have not seen anything like it since world war ii. and the most-wanted drug lord has been captured and the battle over where he is going to fight justice. and the a murder warrant shutdown for -- issued for the former ukraine president. new plans to cut the military to levels not seen in more than half a century. i am john scott. >> and i am jenna lee. we are waiting for a briefing from defense secretary chuck hagel in two hours where he is going to a announce cuts of slashing the army since before the world war ii build-up and

eliminate an entire class of milita military jets. it is the first push of the military off the footing they have gained after the 9-11 attacks. we have an analyst here and what is your reaction? >> i am surprised we have making the cuts right now. we made a lot of cuts in the past and always lived through the day. i don't think anybody would disagree with the ending of the war in iraq and afghanistan, or soon to be end, that we can make cuts. but i am not sure they need to be made at the expense of the young men and women or the retirees. the army could take reductions. but i think the reductions we are seeing from secretary hagel reflect the white house that believes the world is a safe

place and al qaeda is on the run and we have no big enemies. we may live to rue the day when when we regret these. >> what concerns you about the men and women on the ground? >> we may have a sizable force, but only one is ready for war. we need to make sure all of the things our young men and women have so they are being taken care of and acknowledged for their efforts. i don't think these cuts reflect that. his cuts will be campaign

foughter for the mid-term elections and republicans will stand to do well by the cuts. but as a practical matter, americans are not likely to do well. >> they are arguing the military is going to be too small for foreign occupation and say it could invite enemies. what do you think the message to the enemies is today? >> i don't think the enemies are very threatened from us based on russia, afghanistan, egypt, and our overall standing in the world as the supreme military power, we are not there anymore. so they are not going to be too afraid. we drew a red line in syria we

never stood up so i don't think they are particularly afraid. we don't want a massive army so we can occupy people. but we want a good-sized army to make sure the foes understand if they push us, we will respond. >> we must have learned something over the decade with the wars we fought and are still fighting. we are very much at war in afghanistan. what do you think we have learned and where can the cuts be made or priorities given? >> i think there are programs that go beyond the radar we spend a lot on. hardware and software programs that never made it were built much like the obamacare program. so i think there are places there could be cuts. but on capital hill, you end up with these congressman/senators

who have voters and don't want to give up on those programs so some say in. there f-35 joint strike fighter is one aircraft and we have two companies building competing engines and we are well over $300,000 that is being built but wouldn't be used >> there has been many delays and questions about the cost of it. thanks and always good to see you >> thanks for inviting me. >> new developments in ukraine. an arrest warrant for the former president yanukovych. his exact whereabouts are unknown. he is wanted for hurting and

killing were protesters. crowds remembering many of the victims today hailing them as national heroes. amy is live in moscow with the latest. >> reporter: hi, john, russian's foreign ministry just issued a lengthy and strong statement accusing the west of not having ukraine's interest in mind but being interested in unilateral concerns and accusing the west of facilitating regime change in ukraine. the move in kiev isn't jubilant and that is because people are not too confidant they are on the right path. a warrant is out for the arrest of the former president for mass

murdered. he was last seen last night departing with an aid in a three-car convoy to a destination unknown. he is multiple homes across the country. and this one is where russian russia has army baarmy. bases. and people flocked to yanukovych's residents where their were boats and other exotic items. maybe around them are not happy about the situation. there has been some clashes in

the eastern part of ukraine that they are not concern their interest are going to be protected. they are pro-russian and some of them are suspicious about the new crowd. >> such turmoil there. a battle over which country will get to prosecute the most-wanted drug lord that comes after a manhunt. the two countries are at odds over where he should face just. william ness is live from the la bureau. >> they are at odds, but cooperating. no one wants to jeopardize the trust that is developed between the dea and the mexican

military. it is entirely up to mexico if they will send him here. the capture is a big deal. guzman was considered untouchable. and he escaped from jail previously in a laundry cart. because of that, and the escape of another man who was secretly released from a panel of corrupt judges. u.s. lawmakers hope this time it will be different. >> you have corruption in mexico. he escaped once. he is the most powerful man in mexico, if not the world. and the flight and security risk is tremendous in mexco.

>> in this long drug war the missing component has been trust. the united states has the money to eves drop money for informant, but when we should share intel there was link and this capture could represent a turningpoint and no one wants to hurt that by demanding we get him. where he was captured was shocked that he would be caught inside an ordinary apartment that was, franking -- frankly, a mess. many say the former president would have him on a plane to the united states, but the current president is different. the foreign minister said they want him. mexican cartel guys can run

their business from a prison cell and in the united states that would not occur. we will have to wait several years until we get a shot at him. >> it will be interesting to watch and we should watch the laundry carts. >> they called him shorty. that is what el chapo means. he fit in the laundry cart. a meeting of the minds at the white house, the president speaking to governs on both sides of the aisle and more on the gridlock message in washington and his signature health care law. and new concerns over a silent killer after a pair of incidents involving carbon monoxide. we'll tell you about that coming up. captain obvious: i'm in a hotel. and a hotel is the perfect place to talk to you about hotels. all-you-can-eat is a hotel policy carbohydratn monoxide

the hotel pool is usually filled with water. and the best dot com for booking hotels, is hotels.com. it's on the internet, but you probably knew that. or maybe not, i don't really know you. bellman: welcome back, captain obvious. captain obvious: yes i am. all those words are spelled correctly.

a big meeting at the white

house. take a look. the governs are just sitting down to here from the vice president and the president will talk to them next. he is expected to ask state leaders for cooperation in dealing with a congress the president said quote is having a difficult time acting. and obamacare is set to take center stage with many governers weighing in. >> this president feels like he can act unilateral and i don't agree but why isn't he increasing production of energy and creating jobs and delay of the mandates of obamacare that is becoming a job killer >> it is going much better. it is going to continue to improve. the main goal is to bring down the cost of health care that is keeping us from being a

productive job generating company. you cannot put jobs in if every year you're cutting 18% increases in your health care. that is the goal and we will achieve that goal. >> jindel and o'malley there from the republican and democratic side. we have a u.s. news and world report analyst here. is obamacare issue number one for the milt meeting, david? >> i think it is number one. given we are in an election year with 36 governer races it is going to be an issue. there are not as many of them calling for repeal as, say the senators here in washington. and there are republican gove

governers who have embraced portions of the bill in ohio and michigan and they are up for reelection this year. there are points of agreement but on the big broad theme you heard jindel and most of the top republicans are opposed. governor jindel hasn't come out against appeal yet. >> the attitude that is seeming to be coming from the republican side with the governor from iowa saying it is unworkable but they are trying to make the best of bad situation. >> and i think you heard that

from the iowa governer as -- governor -- and he said i don't like the law, but i am going to do the best to work it for the people of ohio. so more pragmatic than the senate side who is trying to shutdown the government over it. >> we had the copy from the president where he said the congress in his view is quote having a difficult time acting. might it be more accurate to say they are having a difficult time agreeing with him? >> i think that is definitely true. i think you saw, even this year looking at the president's budg budget digging at his heels, and

taking at a chained cpi. he said he was willing to work with republicans on changing entitlements and got a lot of backlash from the base last ire year. he's digging his heels in and people are saying that he is trying to appeal to his base. mid-term elections are older, whi whiter and will not have the obama machine. so for him to preserve the senate and get anything done he is making a concession on something we wanted to work with the republicans on. that has to do with more the senate race more so than the governor side but it is an important shift. >> david, thank you. we are continuing to monitor the

president has he talks to the nation's governors. if he makes news, we will bring it to you live. new testimony in the accused socialite accused of plotting to kill her husband in a car bomb. and lawmakers are warning russia not to interfere in the ukraine. we break down what is at stake next. next. life could be hectic. as a working mom of two young boys angie's list saves me a lot of time. after reading all the reviews i know i'm making the right choice. online or on the phone, we help you hire right the first time. with honest reviews on over 720 local services. keeping up with these two is more than a full time job, and i don't have time for unreliable companies. angie's list definitely saves me time and money. for over 18 years we've helped people

take care of the things that matter most. join today.

which will cause me to miss the end of the game. the x1 entertainment operating system lets your watch live tv anywhere. can i watch it in butterfly valley? sure. can i watch it in glimmering lake? yep. here, too. what about the dark castle? you call that defense?! come on! [ female announcer ] watch live tv anywhere. the x1 entertainment operating system, only from xfinity. right now, new claims from top russian officials racing concerns about how moscow and russian president putin could respond to the ukraine

situation. they are claiming that terrorist tools are being used. the top u.s. officials are concerned about what the russian president might do they are warning moscow against military action and several republican lawmakers are delivering their own message to russia to stay out of the business. >> now we need to watch the behavior of the russians and i believe the president needs to up his game and send a clear, public message to putin not to interfere with what is happening in the ukraine and i think this is an important time to do that. >> marvin cowl is here. it is great to talk to you because you have covered these situations for decades including from the moscow burrow.

as the situation is simmering, what should the viewers be considering or watching when they are listening to the story? >> there are two things. the possibility of russian military intervention. i think military intervention may not be the first thing on putin's behind. he has many assets he can use. they control their gas supply, most of the fuel supply, they are the principle market for ukraine and everybody understands that ukraine is broke. they have no money. they cannot pay anybody. it is only going to have an election on may 25th. what happens between now and then? that is an opportunity for putin

to exercise non-military but significant pressure and influence on what is it is that ukraine does. the idea that ukraine is an independent country is a relatively new idea. it has only been there for 25 years. for hundreds and hundreds of years before that it has been part of the russian empire. so the russians, putin, for historical reasons, thinks it is normal for russia to occupy ukraine. that is his basic mistake. he is not grasping that the ukraine people feel themselves as independent. >> only an independent country as of recently and that is debate of what is at stake for us in the situation. here is different thoughts from the sunday show: >> ten years ago we saw almost the same scenario, not quite,

but same up thing in the ukraine with the presidential elections where russia tried to influence and turned off the gas and that is when we saw yanukovych beaten but he ended up back in power and you are seeing the same thing over and over again. we need to remember how important this is to russia at the end of the day it isn't the number one priority for the united states >> you have a huge part of the world; russia. they have a failing system that is based on corruption. it is hard not to see how that is not a major issue. >> how do you see it, marvin? >> i think it is as a major issue for the united states but consider what is it from a practical point of view that the united states can do that would top what it is that russia could do? if you see ukraine, a huge

country in europe, 48 million population, it is sitting on the edge of russia, not the united states. right now, ukraine appears to be splitting in two, with the eastern half where so many russians live and the southern part tilting toward a russian point of view. they don't accept the idea of what is happening in kiev. so you have a formal split although the leaders on both sides don't want the country falling part. but the eastern part shifts off. if the russians say they are in danger, the part of full of

people from the ukraine, they turn to russia and russia might provide help. the russians see this as an acute national issue. the united states sees it as an important foreign policy issue. and putin probably calculates the u.s. isn't going to be doing anything dramatic. but he, putin, sitting right there in the cat bird seat, he can do what he feels is necessary to protect russia's interest. >> marvin, great to have you on the program. thank you so much: carbon monoxide, odorless, colorless and by the time you realize you have been enhaling it, it might be too late. two tragic stories over the weekend. and does warren buffet have advice for you?

fox anchor mcdowel is here for us to talk about this. >> we will get her name right soon.

jon: new fears about carbon monoxide poisonings after two i think so dents this weekend, one of them deadly. one at a resort in maine where nearly two dozen people were sickened but in new york, a

faulty heater pipe at a popular mall left a restaurant manager dead and nearly 30 other people hurt. >> it's just so frightening. we live here, shop here all the time. you know, you just never know, right? people are sitting here having dinner. it's scary. jon: here is more on that tragedy. >> carbon monoxide is odorless, colorless and can kill. in the long island case, fumes were circulated in the basement of the restaurant by a ventilation system. in all, 27 people were treated for exposure at legal seafoods in huntington. first responders fell ill themselves after being called to the restaurant to help a woman who had fallen and hit her head. the manager was dead in a locked basement bathroom as they were evacuating that restaurant. president and c.e.o. of legal seafoods says more safety checks are needed. >> this has to raise awareness to all of us in the commercial

sector that, you know, we've got to push for more codes to come out to establish carbon monoxide detectors. >> right now 28 state law require the detectors in certain hotels and schools but there appears to be no laws in the u.s. requiring general businesses to have detectors and there was another carbon monoxide incident in maine. 27 people had to be hospitalized, suffered carbon monoxide poisoning at a time share resort after a gas ventilation system failed there. every year more than 400 people die in the u.s. from poisoning. doctors say you have to know the signs. poisoning can feel like the flu without a fever with symptoms of headache, dizziness, shortness of breath and nausea. >> carbon monoxide poisoning can be fatal. it is not always if you catch it in time and it's a mild form. the oxygen will work.

>> if you think you've been exposed, get to fresh you're immediately and to prevent the poisoning, install the carbon mon mocks -- monoxide detectors in your home. jenna: take a look at the dow. it's way up, more than 160 points. a reminder of how volatile stocks can be, especially when you're invested in them. what can we learn from investor warren buffett about our own investments and finances? what do thinks choices tell us about the broader economy as well? dagen mcdowell is joining us. we had a snippet of what he sends to his shareholders, about how he feels about the economy, how he feels about investing. what did he show us as a hint of -- what is his message this year? >> this annual letter he writes comes out on saturday but fortune ran a little excerpt of

it. it's the best lesson how to invest. he said look at the s&p 500 hitting a new record high today. he said don't worry the market fluctuation. don't watch stocks fluctuations and he goes into two investments he made. one at a farm in the mid 1980's and one in a business here in new york city in 1993 and he said this is how i decide whether to buy a stock or not. how much is it going to earn? what are the earnings expectations for the next five years and then am i paying a reasonable price for it? it's that simple. you can't get caught up in price fluctuations in a day-to-day market, even what's happening in the broader economy. jenna: if it was all that simple, we would all be billionaires. there's something he's doing right and you see his genius in a very obvious way. for example, the farm. what do you think that tells our viewers about how you invest your money? >> he doesn't even know anything about farming. his son did so when you don't understand something, certainly

ask someone but he just figured out how much could this farm earn in the coming years reasonably. not how much do i think the price is going to go up. that's when he gets into how to avoid speculation and if you don't feel comfortable making a rough estimate of the asset's future earnings, forget it and move on. you don't have to know anything. jenna: he said something interesting about his will. >> i love this part and this completely goes against buying shares or trusting in him as an investor. he said that i have made -- in my will i'm giving cash to a trustee for my wife and i say explicit until my will, here is how you invest it. 10% of the cash in short-term government bonds and 90% in a very low cost s&p 500 investment. he's basically saying i don't think anybody else can pick stocks or invest in businesses as well as i can which has been the case because he's beat the

market. jenna: interesting to see what else is in the letter. did it feel like you should buy a farm just because it works for warren buffett? >> no. my mom's side of the family, they were farmers and i have no interest in ever -- jenna: and as warren buffett would say, if you have no interest and you're not curious about it -- >> if i'm going to die with my boots on, i hope they're knee high boots and i stand in new york. jenna: thank you for that. jon: violent protests in venezuela leaving at least 10 people dead, hundreds more injured. now that country's jailed protest leader is speaking out from behind bars. what he's saying and how it could impact the situation. we'll have a live report there. also wrongly accused or a cold blooded killer? coming up the first week of grisly testimony in the

socialite in the murder of her husband. >> his head was slumped over. his right arm and hand were gone and there was other pieces of his -- seems like of his body were missing.

jon: now to the trial of a one time aspen, colorado socialite accused of hiring a hit man to kill her ex-husband nearly two decades ago. pamela phillips is pleading not guilty to first degree murder and conspiracy to commit murder. er ex-husband died by a car bomb in 1996. according to witness testimony, the couple was going through a nasty divorce. >> on the first page of this, does this indicate that the court had issued orders on july 24 of 1995?

and does it continue that the parties don't seem to be getting along very well? does it refer back to the orders of july 24, 1995? and does it indicate that the petitioner failed to cooperate in making travel arrangements to send the children to the respondent for thanksgiving? jon: also taking the witness stand, a friend of triano's who was with him on the day of explosion and described in graphic detail what he saw. >> when i got this car, the top of his car was gone and i didn't see gary at first and then when i finally did find gary, he was in the driver's side slumped over and it was just a mess. his right arm and hand were gone and there were other pieces of his -- seems like of his body were missing, all on the right-hand side.

and, you know, he was motionless. jon: a pipe bomb in that car killed him. jonna is a former prosecutor and esther a criminal defense attorney. you say -- this is a circumstantial case, especially after 20 years. but you say that the prosecution has a pretty good chance of proving circumstantial case here. >> circumstantial cases are won by the prosecution all the time and one of the main things that the prosecution will hit home here is who had a motive to kill this man. and if you're going through a nasty divorce and they're going to be able to show that he was worth more to phillips dead than alive, that's a huge hurdle that the prosecution will easily overcome. and even though motive is not an element of murder, jurors hang their hat on it all the time. jon: but this guy was a successful developer or had been. his fortunes were apparently very much in decline. somebody he'd had some dealings with was about to sue him for

$10 million. her defense lawyers are saying there are all kinds of other people who wanted this guy dead. >> that's right. their defense is some other dude did it. they have a list of people to point to. gary triano made a lot of enemies and i have an issue pulling out the divorce documents from years before the murder. lots of people get divorced. unless there was something in the divorce document that said she threatened him with a pipe bomb, i don't know why the divorce documents are relevant. i understand they're resident for murder but i don't know that it says enough. half the people in this country get divorced and most of them do not kill their spouses or ex-spouses. she was that concerned or wanted all of those things, all of his money that badly, why would she wait until after the divorce? why wouldn't she kill him while still married? then she would get everything opposed to just a policy after the divorce. there are problems. there are holes with this case. jon: here's a question for you.

ronald young is already serving time in prison. the prosecutors apparently proved successfully that he had been paid $400,000 to carry out the hit. but the jurors in her case are not being allowed to consider his conviction for the murder and yet, at the same time, the -- her lawyers have said that ronald young is the guilty party here so how can that be fair? >> well, this is going to be the most difficult part for the prosecution because i'm going to assume at least they will be able to use the same or similar evidence against pamela phillips as they used to convict her ex-boyfriend but they're not going to be able to tell the jury that he's serving two life terms and was convicted of conspireing to murder him. so that's going to -- they're going to have to basically -- the prosecution will have to start all over again and present their evidence from square one whereas if they had been tried together, it would have been a much easier burden for the prosecution. jon: so it would have been a lot

easier if -- for the prosecution if they could, in fact, say, oh, yeah. the guy who is already doing time in jail for the murder happens to be her ex-boyfriend? >> yes. it would be much easier for the prosecutor. i agree. it would be much easier for the prosecutor if they could get that evidence in because it already ties up the loose ends at that point and the jury, this jury can say, well, i'm going to rely on what the other juries did and convict her because it must be just because he'd already been convicted. that might be the resize reason the judge didn't let it in. it is a big win for ronald young's conviction not to be admitted in the trial. jon: the murder took place in 1996. apparently young wasn't arrested until 2005 and the insurance payout, she got her $2 million. >> she got her $2 million and

then she fled the country. part of what also made this case slow to a halt is when they did finally arrest her and get her back to the country, she was declared incompetent to stand trial for a short while. surely whenever you have evidence that's 20 years old, it's never good for the prosecution but again, when the defense is trying to present some other dude did it defense, you have to be able to point to some other dude. you can't js just say, oh, a million other people wanted this guy did. the defense will be weak, prosecution has a motive. she's going to jail. jon: going to jail or not? >> i don't know. their case is not as good as it it could been without that have been with the conviction of ronald young in front of the jury. i don't know. she may end up going but i don't know that she should. jon: it's quite a case.

thank you. jenna: big chill. temperatures climb across the country and the arctic blast even reaching as far south as florida. we're live with the story and what you need to know. plus a woman parks her car in her own driveway and then this happens. how she got out of it next.

jenna: fox weather alert. unprecedented ice jams causing serious problems in ohio. the situation is so bad in the small town of fremont, some residents had to be evacuated by boat. in the meantime, dangerously cold temperatures are making a comeback in parts of country with near freezing temperatures as far south as florida. meteorologist is in the weather center, a florida an herself. you know that's rare to get the

freezing temps. >> it's all relative. if you're from the northeast and you get cold temperatures in the 30's or 40's, it's not really that bad but for florida, that is very cold. some people don't even have heat in their homes or a lot of people don't, including my mom, so it really can get dangerous across portions of florida or even across the south. and nose low temperatures will be dropping across the eastern half of the country starting tonight. take a look at the northeast. buffalo, in the single digits tonight and below zero across portions of the midwest. atlanta, not so bad tonight. in the 40's. but that cold air is going to continue to move southward. widespread, below zero temperatures across portions of the upper midwest and the great lakes and by wednesday, 20's in atlanta. 20's as well in raleigh, north carolina and also in little rock, arkansas. so again, that cold air is going to be expanding and intensifying and it's originating from parts of canada and moving southward and that will be enhanced by a big dip in the jet stream across the eastern half of country.

looking at your highs, not that much better, only in the 40's in places like atlanta and dallas. pacific northwest and northern rockies, six to 12 inches of snow expected. some lake-effect snow across new york. locally up to 10 inches of snow are possible. and i don't know if you heard but there could be a storm system in the northeast. that was the chatter among meteorologists over the weekend but the new computer model says not a lot of snow expected. maybe an inch or two tuesday night into wednesday morning. so good outlook. jenna: be thinking about your mom. make sure we have a lot of blankets. >> we have to call her and check it out. jon: drivers around the new york area and probably in your town, if you've been dealing with the snow, have been complaining about pot holes. they have nothing on 69-year-old gale sorentino. a giant sink hole opened up underneath her subaru while it was in her driveway on new york's long island.

it swallowed her car while she was inside. jenna: that's scary. jon: yeah. the down fire chief got into the hole and pulled her out through the window. she was not hurt. the crew filled up and filled the hole. they think it might have been a cesspool and that's why it opened up. jenna: i'm glad she's okay. anything can happen. something like that, you don't know. jon: she handled it well. jenna: residents in the buckhead section of atlanta have a message for justin bieber. can you guess what it is? jon: i think i know. jenna: stay out. people who live in the neighborhood gathering in protest amid reports that the biebs is looking for a new home there. he is facing charges for alleged allegedly egging a house in his neighborhood in january. they don't want eggs. jon: he also likes to drive fast down the neighborhood streets. jenna: lots of issues. you can understand it.

jon: yeah. with plans to shrink the u.s. army to its smallest size in decades, what this means for our men and women in uniform and snashl security as well. new developments in the benghazi terror investigation. susan rice sticks to her story.

jon: big developments and breaking news this hour. jenna: new route janl as susan rices she has no regrets over her early response to the deadly attacks on the consulate in benghazi. we'll show you what she said. plus the "new york times" spreading the good news about all the job opportunities obamacare creates. and making courts history as jason collins is the first openly gay player in the nba. we'll hear what he had to say about taking the court. it's all "happening now." we're waiting for comments on chuck hagel.

he's expected to recommend stiff budget cuts for the army specifically. i'm jenna lee. jon: and i'm jon scott. the pentagon expected to slash the number of troops in the army to less than half a million. that's a drop of at least 120,000 from the post 9/11 peak. chief congressional correspondent is life in washington with more on all of that. >> even those who say it's time to cut says there's risk in a dynamic and increasingly dangerous security environment. let's take a look at the manpower proposal for the army. today there are 520,000 active duty soldiers. the army had planned to reduce by 30,000 to $490,000 troops. secretary hagel is expected to announce a reduction to somewhere in the range of 440,000 to 450,000 soldiers.

>> when i took office nearly 180,000 americans were serving in iraq and afghanistan. today all our troops are out of iraq. more than 60,000 of our troops have already come home from afghanistan. >> with the drawdown in afghanistan expected, some have argued united states cannot carry a huge land war defense department when there's no large land war. but critics say cutting the ability to put boots on the ground is risky. for example, iran continues spreading its influence throughout the middle east and many believe they're determined to make muk lar weapons. what does this send to the regime in too tehran. retired four star general says cuts were expected but these are disproportionate to the rest of the federal budget. >> sad commentary when we

realize what we're truly talking about here. we're fundamentally talking about that deterrent force that prevents wars from happening and a force that's capable of prosecuting if called upon and this is the security of the american people that we're talking about. >> there are concerns this would affect the readiness and the ability to fight war and keep casualties down. hagel will lay out his plan in about an hour. jon: mike joining us from washington. thank you. jenna: we'll wait for the details from secretary hagel. in the meantime, national security adviser, susan rice, former u.n. ambassador saying that her account of benghazi was wrong in the day after the a terror attack but has no regrets how she initially characterized the attack. here is more on this story. >> thank you, jenna. susan rice says that her statements were undercut from the investigation that found the

intelligence on the ground in libya did not describe a demonstration before the assault when took the lives of four americans. the finding backed by republicans and democrats says, quote, contrary to many press reports at the time, eyewitness statements by u.s. personnel indicates that there were no protests at the start of the attack. a leading republican on the committee recently described the evidence. >> we've done a forensic on that event. we've never found a reference to demonstrations from individuals who were on the ground. whether it's the chief of station in tripoli, whether it's the diplomatic security or the g.r.s. response team that went. from day one, all referrals were an attack that was underway and continued well into the night and to the annex. >> one day before rice's show appearances, the senate report describes an email from the top

officer on the ground in libya to their leadership in washington that reported the attacks were quote, not not an escalate of protests. >> we knew, the intelligence community knew within hours at most, probably less than that, that this was a terrorist attack, that it was not a reaction to a trailer of a movie. >> rice has never publicly explained why she had access to the situation reports from the ground in libya, given senior lawmakers read the raw intelligence and concluded that it was a coordinated attack and had nothing to do with the video. jenna: thank you. >> you're welcome. jon: so so much to talk about in washington from major pentagon cuts to susan rice and again bozy. let's bring in bret baier, anchor of "special report." these cuts especially to the army and also some air force

planes being cut out of a fighter jet division, what is congress going to have to say about that? >> there's going to be pushback definitely. there will be people who defend their territory. there will be some bases that likely close because of this because it's a dramatic shifting to from 490,000 down to 440,000. the cuts were already coming down from 570 to 490,000 in the army and this would be a drop further than that to 440,000. listen. republicans and democrats on the same page that there is waste to be cut from the pentagon budget. that said, there is a lot of pushback when you start cutting the size and scope of the u.s. army and taking out the air force attack aircraft. that's an entire aircraft that will be eliminated. and you have a lot of people who are affected, whether that is good or bad. you have to listen to the

defense secretary hagel make his case today and we will. jon: the "new york times" puts it this way. the result, the officials argue, will be a military capable of defeating any adversary but too small for protracted foreign occupations. that suggests no more iraq and afghanistan type events at least, if these numbers continue in our approved. >> listen. there's a changing scope about the world and how the military would be deployed for the longest time, the perspective of the military was to have -- to fight on two fronts at the same time. and the joint chiefs always wanted that ability. now there was a thought that because of budget and other reasons, you wanted a more agile military and the joint chiefs of staff from all the reporting and everything that we've been able to gather is signing off on proposal. now, that doesn't mean that

there's not going to be a bunch of pushback not only from republicans but from democrats in a lot of these districts and remember, this is an election year. on top of some other pressures that some of these democrats perhaps are feeling, this may add to that from an administration that is putting the pinch on some of their military bases and military personnel. jon: as the president presents his 2015 budget, we're told he's going to call for an end to austerity in this country. i guess that means an end to austerity except at the pentagon. >> that was a writup in "the washington post" last week when they were talking about the budget that did not include the chain c.p.i. remember that? that's the social security calculation on the cost of increase and the president did not put that in his budget and they said this is the end of austerity. a lot of people said where was

the austerity to begin with? now the "new york times" is saying, well, the austerity is here in the military. and that looks like it is the case. we'll hear from the defense secretary today. jon: then susan rice who went on "meet the press over and said no apologies for what she said regarding the benghazi attack." she said it was the best information she had at the time. >> yeah. you know, and she had said something similar to this before and it is what the administration gave her to say. the question is, how much intelligence did she look at? because lawmakers now say the raw intelligence was clear. that any look at any of the raw intelligence from the c.i.a. station chief on the ground who was saying there was no protest and there were emails now in that senate bipartisan report as katherine mentioned, that they were saying no, no protests.

there was a teleconference in which it was transmitted up the chain. no protests. this was an attack from the very beginning and now, katherine is reporting and the reporting of steve hayes of the weekly standard about the deputy director of the c.i.a. and his role in creating the talking points. i know there were a lot of questions that susan rice was not asked about that raw intelligence and maybe she'll offer herself or avail herself for another interview to see the answers to those. jon: and worth remembering her comments were made as a president was running for re-election claiming that al qaeda was on the run and osama bin laden was dead. >> exactly. where it falls into that where we've talked about many times before but i think there are a number of questions that lawmakers are still looking for and you saw senators and others. there's an effort to call mike back up to capitol hill to ask him about his previous testimony. jon: interesting.

all right. bret baier joining us from washington. see you tonight on "special report." jenna: elsewhere in the world, deadly clashes on the streets in venezuela. the latest on the violent protests against the government in a live report. we have that straight ahead. plus a 65 mile stretch of the mississippi river closed down after an accident. we'll have the details on what happened and shannon is live at the supreme court with what she's working on today. >> it was hot inside today as the justices heard arguments about how heard the e.p.a. regulatory power does or doesn't go. i just stepped out of the case and i'll bring you details when we come back. 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: late breaking news from the u.s. supreme court. the justices appear closely divided over a climate change regulation. the constitutional battle pits the federal government against the states on the power of the e.p.a. to set regulations on emissions.

shannon just heard the arguments and is joining us from outside the supreme court. >> i just stepped out and what that boils down to is how far the e.p.a.'s regulatory power goes. this case is not about whether the e.p.a. can regulate the gases. but how they go about doing that is in question. they decided to expand the regular la cory power so it would cover a number of stationary sources of those gases but what happened was under the statute as it was written, the e.p.a. argues it would have led to ridiculous results that congress may not have intended would have been regulated under the special permitting process. the agency essentially rerote the statute. a number of members of congress did file a brief in this case saying it's one of the biggest power grabs that an administrative agency or the executive branch has ever made saying they're the ones who wrote the statute and if there

were going to be changes to it, it should have gone through them. today there were a number of justices on either side. it was very heated at times. at one point justice skolia had a lot to say about, listen. when you're interpreting a statute, don't go with the most absurd from the agency and then give itself power to rewrite things. justice kennedy who is often the deciding vote in these close cases, he was the deciding vote in the last e.p.a. case. this time around when the solicitor general was wrapping up his arguments, justice kennedy said to him, i in all of your briefings can't find a single case to support what you're asking me to do. that could be very telling here. it was very close. we'll see where justice kennedy lands and that could be the deciding factor. jon: interesting stuff at the supreme court. thank you. jenna: congressman, the longest serving member in history is set to retire. 87-year-old michigan democrat

telling the detroit free press he'll retire at the end of his term, his 29th full term. he was elected in a 1955 special election to serve out the remainder of his late father's term. his retirement coupled with the retirement of carl lef -- levin means it will end 90 years. jon: government forces clash in venz rail a as violent protests continue there in the oil producing nation. a live report next. plus one driver with a really refuse commute this morning. we'll tell you what caused this. why do people count on sunsweet prune juice to stay fit on the inside?

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jenna: an accident shuts down part of the lower mississippi river. it's a 65 mile stretch and it remains closed at new orleans after a tug boat collides with a barge causing crude oil to spill out. luckily, no wuvens hurt in that accident that happened over the weekend but it's unclear how much oil leaked. crews now are trying to figure out what is going on with the oil and keep it from spreading downriver. jon: protests continue in venezuela. now the joiled protest leader urging supporters to demonstrate peacefully despite recent violence there that has left 10 people dead, more than 100 injured. steve is keeping tabs on the situation and he's live in miami with the latest. >> protests were small, scattered, usually people angry over the inflation over 50% or food shortages but since then in part because of a strict government crackdown, it's grown

to the largest demonstrations in 10 years. this saturday, anti-government protestors stretched out for more than four miles. we're talking hundreds of thousands of people. very angry, calling for the president to step down. despite the fact that members even of the opposition called for a pulling back, they continue today to lay wire and build barricades, set garbage on fire, snarling traffic there. for people on the sidelines, they're worried the battle has no resolution any time soon. >> for 11 consecutive days we've had protest demonstrations and repression. and i think we are in a vicious cycle where the government produces more repression and at the end of the day, no one wins. >> the key group in the power struggle will be the venezuelan military. so far they've shown no signs of waivering in their loyalty to the president there. many of those high officers were put in place by chavez over the past 14 years but there was a

standoff this weekend with a retirement army general who was a critic of the government when he was about to be arrested, he sent out an alert to his followers on twitter. they surrounded his house and ordinary civilians pushed back the government security forces, no arrest was made in what was a tense standoff jon: the power of social media. steve, thank you. jenna: we all know monday mornings can be tough. right? but hopefully your monday isn't quite as bad as it was for this guy. a car losing control in southern california tag down a light pole and then crashing into a fire hydrant. as you can see, thousands of gallons of water creating a virtual geyser. the driver was reportedly trying to avoid hitting another car that ran through a red light. the driver was able to get out of the car but it's not clear if he was hurt and the lapd is investigating the accident. jon: that's something else. obamacare headlines are making

headlines after a "new york times" article praising the end of job lock under obamacare. so is the times helping push the president's agenda? also jason collins making history last night, becoming the first openly gay player. we'll look at what his moment means for professional sports.

jon: "new york times" article this weekend highlighting new job opportunities made possible by obamacare. the times goes along with what

the white house is saying, that despite a recent c.b.o. report, obamacare will not stunt job growth but instead will end what people term job lock, meaning people will have freedom to change careers. so is the "new york times" now doing p.r. work for the obama administration? joining us is jim pinkerton, contributor writer for the american conservative may go zone and alan colmes, host of the alan colmes show. i'm sure your answer to that question is now. "new york times" is not doing the p.r. job of the administration. >> this wasn't an editorial by the nie"the new york times.the"" this was not a news article nor an editorial in the "new york times" so it was the opinion of one writer. i happen to agree with them. this is what obamacare was supposed to do and according to the head of the c.b.o., that's what it does. it's really a demand issue. it creates more demand as a

supply changes because people are going to want to -- people who are stuck in jobs only because they're getting health care may want to retire, may want to leave to restore their own businesses and those jobs have to be filled by new workers. this is not firing a bunch of people, getting people out of the work force. it's giving people more flexibility which is exactly what the affordable care act is supposed to do. jon: i suspect you see it differently. >> they have more flexibility to work 29 hours a week because the employer has cut them to below the threshold. the liberal think tank here in washington estimated that 80% of meshes are going to be worse off. this is the brockings institute talking, because of obamacare. that means 20% are better off. that's a 4-1 ratio of worse to better. this woman who wrote the article in the "new york times" appears to be one of the 20%, the one in five. she has a right to her position and i expect the "new york times" is not as interested in speaking up for the 4/5 of the

operation. this morning's "wall street journal" has an article by steve greenley about how his mother can't get heir cancer drug any more. you have to way the pros and cons. brookings institute says 4-1 ratio americans are worse off. >> the "new york times," by the way, julie we don't know all the information, whether she's getting subsidies or not, a lot of her situation is not really been answered. so i wish her only one. i hope she gets the care she needs but i don't think we'll asked all the right questions there. jon: there was an editorial over the weekend that is a bit related and i wanted to point this out to you n. obama's 2015 budget scheduled to be unveiled next month, no more proposals to cut entitlement programs.

instead he will demand what the country needs the most, new investments in education, in energy efficiency, in job training. when republicans turn away as they will, they will have to explain to voters why they prefer tax loop holes for the rich over programs to create jobs and rebuild the economy. just in the use of that phrase investments, he's not -- the times is not adopting the white house terminology. they're not calling it federal spending anymore. they're calling it investment. it sounds like a p.r. effort on behalf of "the new york times." >> that is an editorial opinion. that is what the times believes and also what i believe and again, as opposed to the straight news stories, it has a right to take an editorial position and i believe as the times does that that is an investment in our future and also pumps money back in the economy. i would like to hear what the republican job plan is. maybe the media just hasn't revealed it. i don't know what their jobs plan is. >> republicans job plans is

things like energy production. there you have it. al an and the "new york times" and the obamacare agrees with each other. we know that. that's the point. the thing is the big media, led by the "new york times," almost all of them agree with the "new york times" and with the obamacare so of course the obama administration says it's not spending investments, then they all jump to the same tune and dance and that's the conservative critique of the mainstream media going back 40 years. they're always in lock and step with the media. jon: only the federal government can bring about combrouf manies in education, energy efficiency and job training? >> no. state governments can do it, too. that doesn't mean there isn't a role for federal government. in terms of job, obama has had a plan. there was a jobs bill. there was a number of things that can be done but being a republican so has not cooperated with the president's agenda.

jon: some would say that's a good thing. >> i'm sure that many conservatives would say that's a good thing but what's the alternative plan from the right, one that has not really been revealed? what's the health care plan? what are they going to replace obamacare with? >> hold on. a bunch of republicans in the house have proposed exactly an alternative to obamacare and number one in their plan is no more job killing mandates. they propose things that you don't like. >> but they don't help the poor. >> they are alternatives. >> medical savings accountses are not new and it doesn't help people who don't have health care to get on health care. jon: we have to say goodbye. thank you both. jenna: eric holder pushing congress to pass a law requiring media to alert the public about

any data breaches. when hackers broke into the retailers systems and compromised millions and millions of customers' personal information. the criticism of these companies is they did not alert the public quick enough. companies would be held accountable when they didn't keep the information safe and let people know. jon: jason collins signed a 10-day contract. he took the court in los angeles last night. ending his free agency after coming out last spring. our next guest snagged the first exclusive interview with him before the game last night. when collins said he's more focused on the game than the headlines he's making. >> i went out there and set some

good screens, gave some hard fouls, got my teammates open and we got the win. that's the only thing that i really care about is winning. and making plays to help my team better. jon: sports caster and fox news contributor jim grey who did that interview joins us now. jim, how big of a deal is this? does he want it to be a big deal? >> i don't think he wants it to be a big deal. he's been in the league for 12 years. we just didn't know at the time he was in the league before last night's game that he was gay. he would like the focus to be on basketball. this is a basketball decision but it is a landmark evening last night and it will now pave the way for many others, i'm certain, to be able to come forward now because they've been able to put this now in the forefront. he will take center stage and all eyes will be upon him for quite some time to come, i would think, until the next athlete and then the next and the next and then it will become mainstream and won't be a story anymore. jon: he has received con grt la

-- congratulatory tweets. but in the end, how well did he do? >> you have to take this in context. he's been in the league for 12 years. during those 12 years he's averaged 3.5 or a point per game and 3.6 rebounds per game. everything on that end was normal. he's a role player, a defensive player. he's a big body and he can contribute and that's why he's back in the league, because of his basketball. all of this other now is not the reason that he's in the league. now, some may have thought and jason himself has even alluded that he is a basketball player and perhaps he didn't get an opportunity because he did come out but that's now all behind him and he's with the nets and has been with the nets before. his coach was a teammate. two of his teammates played with him in boston so they're very familiar with jason collins.

>> it will get easier and we'll definitely see with michael sam coming up. i can't wait to cheer for him and root him on. jon: post game interview. i stand corrected. thank you. he's talking about michael sam, the missouri defensive end, i think he is, who announced that he wants to enter the nfl draft. obviously as the first openly gay player to play for the nfl. >> yes. and it's a different dynamic in football. his missouri teammates knew about his sexuality, he had told them as the team kept it amongst themselves, he'll enter the draft. there are going to be some guys who will accept it and some guys who will have some relukt answer and some guys who will reject it. if he can sack the quarterback,

if he can make tackles, if he can contribute, all of that will work itself out and they'll get past it. but it's going to be a different thing going into a locker room where there are 52 guys who are very physical and very macho compared to going to a locker room in the nba where there are just 12. jon: they are plenty physical there as well as you well know. better than i do. >> i have one other thing i wanted to point out to you if you have a second. it's pretty interesting. pokerau owns the brooklyn nets. he's a russian billionaire. he ran for president in 2012 against vladmir putin and lost and on the closing day of the sochi olympics, he hired an openly gay man. i wonder how mr. vladmir putin feels about that. jon: interesting. thanks for pointing that out. appreciate it. thanks. jenna: the president taking more executive action as he meets with the nation's governors right now. what the president is planning to do this week on the economy

and how it impacts you. john is the chief economic correspondent for the "wall street journal" live here next. [ woman #1 ] why do i cook?

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jon: fox news alert. harold ramos had died. his family said he passed away from complications from a rare disease that caused swelling of his blood vessels. he started his career at second city as a performer. he was best known as the driving force behind films like "ghost busters" and "caddy shack" and for his frequent and sometimes turbulent collaborations with bill murray. he's dead at the age of 69. jenna: the president is getting ready to use his pen again, as he says, to implement his economic agenda without congress this time. the president is meeting with the nation's governors this

morning urging them to increase the minimum wage as the white house says the president will be issuing new executive orders this week, including some initiatives that the administration says will create more jobs. joining us now is john, the chief xek correspondent for the "wall street journal." nice to have you on set. usually you're in d.c. so in general, executive action, how much impact can that actually have on the economy? >> you know, i think what's happening here is the president is playing small ball and what really matters is that this is a sign that the president and congress have given up on each other, basically. the things that they could do to really, you know, affect the economy are off the table. there was talk last year maybe they would do tax reform, corporate tax reform, long term deficit reduction. those kinds of things aren't happening. obama can't just kind of let the economic agenda disappear so he's playing small ball. jenna: some would say that's a good thing.

there's two different schools of thought on that. how do you see it? >> some things they could do is not necessarily affecting big government. corporate tax reform, they a grow on a lot of issues. it has to be simplified. corporate tax rates come down, get rid of some of these deductions. that's not big government but they're not doing it because they can't work with each other and he's got to have something to say so he's playing small ball. jenna: is that a loss for us? that they're not working together? >> i think it's important in one respect and that's long term deficit reduction. the fed has been begging congress and the white house to do something about not deficits in the short run. we're in better shape on that front but look out 10, 20 years and none of it is happening and it looks better because some of these things will affect others as they get closer to retire many. work on them now so people have time to prepare for them. jenna: some things that the president will do this week, he's going to go to minnesota,

launch a new investment to create jobs, restore crumbling roads and bridges and announce a new initiative with the private sector targeting minority males and try to get them into the work force. >> right. jenna: from those perspectives of doing something rather than nothing, is something better than nothing in those particular areas? >> in small ways it could help. it's interesting. he was also announcing his nishtive last week of trying to convince companies to hire people who have been out of the work force for the long term. he's using the bully pulpit and the bully pulpit has worked in some cases but the big mac row economic issues are being fallen by the wayside. jenna: we're almost to march. we've been through a rough winter for many of us on the east coast and there's a big question how that will impact economic growth as well. what do you see right now? markets are up crazy today. what are you watching on the big scale?

>> i think a lot of people, including the people at the fed who you talked to, with throwing out the last couple of months. the weather has been bizarre in some places, worse than normal in others. it's hard to read this data. i think you have to look through what's happening in the reports now and start thinking about march, april, may. you know, one thing that's troubling is that a lot of housing reports that have softened in a few weeks, you have to wonder, you know, are we losing steam in this recovery? or is this just that the weather was bad and people weren't out shopping for new homes? jenna: great to see you. nice to have you on set. thank you. jon: some symptoms of nearly eradicated diseases resurfacing in california. so what's causing several children to suffer from a polio-like illness there? we're talking with an expert next. the new guy is loaded with prote!

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jenna: a story out of california today. at least five children have contributed a polio-like illness and so far, nobody of them are showing any signs of improvement despite each child being vaccinated against polio, a disease largely eradicated the past couple of years. the damage in the spine seems to be similar to others.

the children are reporting paralysis in some of their limbs and researchers are shrugging their soldiers as far as recovery not knowing if some of the children will ever recover. dr. campbell is a studying cardiologist and assistant professor of medicine in north carolina. you're a dad. this is a scary story for parents. what do you make of this? >> it is very scary and, you know, luckily due to vaccination programs over the last two decade, we have evacuated polio. however, these viruses that are being isolated in some of children are actually the same group of virus. they're called inero viruses. they tend to cause cold-like symptoms in the fall examine summer and they're actually attacking the nervous system in this small group of children. jenna: so as a parent, how do you protect your kids? >> the number one thing is you vaccinate your children for polio and any other type of communicable disease.

in this situation, if you look at what the c.d.c. is saying at this point, it's called a cluster, a small group of cases. they do not expect this to be widespread. they have seen this before in a couple of other isolated cases and a few cases in asia as well. jenna: in those cases, what did they fiend out about making sure that this doesn't get bigger than the small cluster that it is so far? >> at this point, there's no special preventative customers that have been mandated by the c. d.c. they're involved in an advisory role but not an investigative role. in terms of children, they're having a hard time recovering. the treatment for polio, there's no secure, is rehabilitation, bracing of the extremities affected and they seem to not have much success in children with the infections, unfortunately. jenna: another story was an outbreak of measles in california, also in the same state. there was also an outbreak of mumps at the university of florida and new york.

that's in local news here in the city. interesting to see who different clusters, different states. these diseases that very haven't heard a lot about. we get these stories every once in a while. as a medical professional, what do you make of hearing about this? again, especially when still we're at 90% vaccination rates for cases like the measles and mumps. >> this all fits together the fact we see the cluster in the bay area in san francisco and also in new york because of the fact that it's a large international population. we have lots of visitors from other countries that may bring the communicable diseases in. unfortunately, not everyone is vaccinating their children. so if you have an unvaccinated chiel that's exposed to the measles, for instance, through the air, through droplets, through contact, they can get the measles. if we vaccinate our children, we can prevent the outbreaks and that's the best advice for every

parent. jenna: what about the parents worried about vaccinations after everything they've heard the last several years? there's a lot of debate and controversy about that but surely, there are parents listening today that still have some questions. >> i agree. there's been lots out there, comments made that vaccinations are associated with autism and stuff like that. there's no direct, good, proven link between the two and the thing that we need to remember is always in medicine, it's risk versus benefit. the risks of not vaccinating your child far outweigh any type of risk from the vaccination. you benefit much more by getting the vaccination. jenna: we'll pay attention especially to the mysterious illness in california for the five children affected and of course, a bunch of other outbreaks as well. great to see you as always. thank you very much. >> thanks for having me. have a great day. skoip areae what's going on there. we have a special personnel

announcement from the member of our fox family next.

a new addition to the fox family that we are anxious to tell you b. liz from our production crew who we often turn to. they have sewn her many times and we would often turn to her and ask her about pregnancy stories. >> she was the right person to talk to and after 15 hours of labor giving birth to an absolutely adorable madeline marg rit west who is a lot of expression and out and super model career in her future.

and we have a picture of their proud person. congratulations to liz and brian and made. >> i would like to say to brian, rest up, buddy. it is difficult with the midnight feedings and get your rest. >> would you give advice to liz at all. or just brian. >> i am giving it from the male perspective. and that was good. brian do all of the work. you can so how that works. enjoy that beautiful new baby. >> thanks for joining us, everybody. >> a fox news alert. defense secretary chuck hagel plans to shrink the military to preworld war ii levels. we are about to hear the

details. i am alisyn camerota. >> and the proposal would slash the number of service members and contains billions in cuts targeting benefits and pay raises. and officials maintain it is needed but could our country's security be compromised. we'll bring in lieutenant oliver north and author of american heroes on the home front. >> great to be with you. it locks like what we are about to hear from secretary hagel what the troops refer to the unlateral partial disarmament plan. it is a page out of jimmy carter's playbook. >> let me tell you what secretary hagel is going to say and what we believe he will argue for. he argues coping the military at the level of 13