>> i missed you. >> we will be on radio with brian in just a couple minutes. >> you doing o'reilly? >> "happening now" starts now >> we start with today's top headline and stories you will see here. >> four million folks and counting signing up for obamacare but new problems cropping up. the bill in arizona is generating controversy and debate across the nation. would it discriminate or protect freedom? and a study on childhood obesity brings good numbers for once. it is all happening now on "happening now." >> we will get started with health care. the president is touting new numbers on obamacare and while they are on the rise, they are far from the enrollment goal of

7 million set fwr for the end of next month. i am jenna lee. >> and i am jon scott. the president is blaming the website for the start, but says things are getting better. >> because of you we have four million americans who have signed up quality, private health insurance through market place exchanges. four million people have already signed up because of you. [ applause ] >> four million. four million. four million. >> but it might also be a good idea to take into account the number of folks who had their plans canceled because of the advent of obamacare. that number stands at more than six million dwarfing the number of enrollees.

>> the white house promised this law would bring down cost by $2, 000 per family. instead, they will go up to $2, 000 for every small business. and this amounts to more coming from the worker's pockets. and this will make it harder to create jobs. another sucker punch to the economy. >> john williams is here and charley hurt. charley, he heard the number repeated several times there: four million. drew a line of applause but they predicted seven million by the end of next month.

>> four million is a low number when you consider the president is using his old campaign apparatus to sign people up and that was great at mobilizing tens of millions of voters. so four million is small change for that. but we are not hearing from the number of people who have paid for it and the number of people who enrolled because thigh they were kicked out of their previous insurance. and six million people who lost their cov rerage is a far more important number. >> should the white house be more transparent with these numb

numbers? >> i think they should be. the republicans in the house voted for weekly reports that would demonstrate a lot of background statistics on who is signing up and to answer to charley questions have they fullly paid and all of t-- full- this is a celebration. in a short period of time they were up to four million and i think by the deadline you ask -- you can -- anticipate a couple million more. >> but 6.3 million people had their policy canceled. so 2/3rd of the way to recovering the total number of people who lost their policy. >> i think that is part of the overall churning change.

there is no getting away from this idea. that is why the president has been accused of telling the lie of the year. but we have a new health care system in place replacing one that wasn't serving the american people well. 48 million people without health insurance and others with inadequate insurance and a lot of people at the white house say now those people have better quality insurance although they may have to pay more in some cases. but the fact is you are getting coverage for people that didn't and the medicaid and medicare expansion benefit and don't forget the no limits on spending for your health insurance if you do have calamity in your life, your kids staying on your health insurance until they are 26, these are good things, i think. >> but the thing is, the president blames, well the

rollout of the website for the lag in sign-ups, but maybe people are just kicking the tires on this thing and not finding they like what they are getting. >> one of the other problems john didn't mention is the fact people are getting overinsured which the president says that is not a bad thing, but if you are paying for maternity care and you are an unmarried guy that is a drawback. but there other sort of time bomb that could be lurking in the numbers that we don't know the answers to is who this is that signed up. is this the wealthier, healthy people that are paying the higher premiums under obamacare or are these four million that signed up largely lower income or sicker patients who are going

to be the drain on the system that can lead to this -- and we used to hear it talked about, this death spiral thing where if you get too many taker and not enough givers, it can not sustain itself. this is a mild stone they are happy about but they have things to work out. >> the question is we'll continue to do the number crunching and see how the people enrolling compare to the people that lost policies and we will talk about the politics later in the hour. another big story from arizona. the clock is ticking on a controversial bill that would allow business owners to deny service to gays and lesians on

religious ground. the governor has until this weekend to veto the measure or sign it into law. it is being called discriminitory. but the author of the bill says it is about protecting religious rights. >> the opponents have managed to turn this into a discrimination bill against gays. it could not be further than that. people need to be able to exercise their religion freely in our state. >> adam housely has the latest. >> even the governor herself is calling the bill controversial. she returned home to a fire storm in arizona and tweeted out

she is going to do the right for arizona. the republican lawmaker will go over it with the legislation and talk about the bill. it allows business owners to not serve or cooperate with customers. it is being seen mostly as as an anti-gay bill. american airlines, apple and other businesses are urging her to veto. the nfl hosting the super bowl and weighing in and the host committee said it would deal a significant blow to the economic growth potential and all sorts of heavy weights coming out against this. governor mccain is urging for a

veto. and several lawmakers who pushed it through changed their mind >> we had reservations at the beginni beginning. we saw how it would damage to state and decided it wasn't right and we made a mistake. >> reporter: the bill's authors are saying their intention is being misconstrued. it is about protecting people from lawsuit and change existing religious freedom laws intending to ensure individuals and businesses are not forced to do something against their beliefs >> i think they are misguided. i don't know of one situation where a gay person has been turned down in a restaurant. that is what what why out here for: to turn you down. it is

that we can uphold our religious beliefs. >> reporter: if she does nothing, it will become law on its own. most people believe she is going to make a decision and do something on the bill before saturday. all right. now, stunning information about the obesity rates. rates between children 2-5 dropped by 40% over the decade. not of the findings were that promising. >> reporter: the results are mixed. ten years ago, nearly 14 percent of all kids between the ages of 2-5 were obese. that figure is down to 8 percent

now according to cdc data published into the american journal of medical association. that is a 43 percent drop. researchers found no significant change in obesity rate among infants, toddlers, older children and adults. they don't know why the 2-5-year-old children seem to be the exception, but they have theories. over the past ten years, many daycares have decreased snack food and increased activity. children are drinking fewer sugar sodas and breast feeding rates are increasing. but there is still a a lot of work to do. while the study may offer good news for young kids between the ages of 2-5, cdc officials are carefully monitoring for trends over time to see if this can be sustained. >> let's hope it can be.

what is behind this trend and why are some age groups showing more progress than others? we will have dr. devi about this. and why a space suit mishap that nearly ended in disaster, not once but twice, wasn't dealt with sooner. and more and more oil shipped in train cars around the country, we have an update about a train derailment that could be a game-changeer. we will tell you why after the break.

welcome back, everyone. new action on an issue we have been falling on "happening now." the safety of trains that carry crude oil from extractions sites

like in north dakota. another train wreck is prompting measures for more research after they are being called quote environmental safety concerns and health concerns are being sparked. the concern is what happened if the tracks were closer to a city. a massive crash killed four dozen people in qubec. we are waiting for news on the space suit that almost took an astronaut's life. it turns out the same situation

happened a week earlier. >> there was a second leak in the space suit of the italian astronaut. you remember his first space walk and his suit started to fill up with water potentially a life-threatening situation. >> a lot of water on the back of my head. >> are you sweating? >> i am. but it feels like a lot of water. >> reporter: we expect to hear from nasa's mishap board for details on the link and why information about a previous link was talked about and we will probably here more about the suits themselves as the

design is now 35 years old. >> another big story today: the crisis in ukraine is sparking rattling from russia with the president ordering combat drills. and the pentagon is getting orders to withdraw completely by the end of the year from afghanistan. weighing in on this next.

right now, now orders on afghanistan to tell you about. the president telling the pentagon to prepare for complete wi withdrawl of the troops by the end of the year as the president

there is refusing to sign the security agreement past 2014. the president speaking with the afghanistan president by phone. jennifer griffin is life from the pentagon with more. >> reporter: one day after the president ordered this, chuck hagel arrived in brussels for a two-day meeting with the nato chief. he is trying to hold the c coalitition together. the chairman of the joint chief, martin dempsy flew to kabul today. he warned the discussion of the pulling all of the troops by end

of the year is quote having an affect on the enemy and encourages them in some ways and intelligence supports that >> the longer we wait, the more likely the possibility is we end up with no troops beyond 2014 because we cannot and will not have troops on the ground without this signed. >> reporter: yesterday was the first time the president spoke to the afghanistan president since last june. dempsey said the united states military could wait for a final decision until this summer, but the more time passed without a deal, they will begin hedging bets and siding with the taliban. >> let's bring in ambassador

john bolt. let's focus on the main issue about why we are and were in afghanistan: the safety and security of american families. what do you think this means for our safety and security if we see a complete withdraw by the end of the year? >> i think we will return shortly in afghanistan to the taliban being back in control with al qaeda back in a secure position. that will mean the taliban and al qaeda will once again be able to launch terrorist attack. and the danger now is greater than the pre-911 circumstances because the pressure the pakistan is putting on could increase and if they fall to the radicals that is a base for international terrorism but they would have control of their nuclear weapons.

so this entire course of events isn't good for the american people. the president is looking to pull back down to zero just like he did in iraq. i thought that was a roost there. i think he is reading from the same playbook in afghanistan. >> you mention pakistan, which is one of the reasons why people say we need the force of 10,000 and i have heard 35,000, to oversee the areas where we know where the bad guys are. the questions becomes, though, this is the longest war in american history. so how many people can we leave behind the ensure pakistan doesn't fall to radicals? how many do we need? >> i would disagree this is the

longest war in american history. i think the cold war was. and troops are still in central europe. i think the american people, if properly, educated about the security risks we run through an american withdraw would support continuing presence there. we made a mistake into the bush administration in explaining why the troops are there. it isn't to nationbuild in afghanistan. we would risk loosing the progress we have made. we have on the verge of a huge mistake >> i will leave the cold war versus the afghanistan war to historians. i will move on to russia. they have worked with us in

afghanistan to make sure we had certain routes into the count ray. now we are hearing the russian president is getting his troops ready, we don't know for what, "the weekly standard" we can assume cra assume ukraine, but what do you draw of this? would this leave us vulnerable to russia? >> i think it would leave us and our friends and allies in the space of the former soviet union to increasing russian influence. the common theme from the cold car today and patience and a grand strategy. pute putin has a strategy, patience and tough. we don't have any of those.

w when putin orders these training exercises he is sending a signal to ukraine they have the capability to act military and he is edging against the fact, which i don't think he is, but he might use the troops. >> our response should be what? >> i think the united states made a huge mistake when the europeans back away from giving the ukraine and georgia a clear path to the nato agreement. we have enormous interest at stake and we're on a path of them going back under russian influence >> thank you so much, ambassador >> democrats want to appeal to

women in the upcoming midterm election and they are bringing back an old method. we will weigh in on if it effective. and a couple discovered rare coins while walking their dogs and how much they could fetch. and how much they could fetch.

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>> well get ready to hear those three words again: democrats are going to dust off strategy from the 2012 campaign charging republicans with conducting a war on women. politico is reporting that democrats are not just focusing on women's reproduct rights but this time health care, equality and even immigration. this is a driveer of the next nine months. john gonzalez is here. there are message problems along

the line for the democrats. is this how they are getting around that? >> obamacare is the way the republicans are hope to send the message to make them the majority of the senate and control the house. the democrats have settled on this strategy of going back to o this war on women that is seem tiring. women are now half of the american workforce. if you look at who votes democratic, it is single, young and minority women. hiking the minimum wage, income inequality and they think they can appeal to women and get them to the polls because that would

address the biggest disadvantage have in the mid-terms which is more republican voters go to the polls in mid-terms. >> the logic is simple: democrats tend to win elections when more women vote and women tend not to vote as much in mid-term years. are these issues that will drive women into the polls? >> this effort to portray the republican party as waging a war on women is very affective but it is a cynical ploy and we have gotten used to this now. democrats have perfected the strategy of dividing voters up by race and gender >> it maybe cynical, but will it work? >> i think it is very possible

that they jump the shark and it doesn't work. i hope it doesn't work because i d dispise the strategy. the message from republicans is obamacare is a failure and the administration is in over their heads and these serious issues persist and women voters, just like a lot of other ovoters, ar going to look up and view this attempt to change the subject to the war on woman as a ploy and it will be damming the democrats if that happens this time. >> so, juan, is this distraction

meant to take away from the real issues people are dealing with regarding obamacare? >> the polls show the number one issue is jobs. so we are talking about the change in society where you have more women working outside the house and their concerned about in come inequality. the democrats are paying attention to polls that if you ask women about republicans they will say they are out of touch with their issues. if you look if you gubernatorial race in virginia, the democrats were able to use the message that republicans want to be invasive with your personal rights in regard to sexual activity and the use of contraception and abortion. those play against the republican brand. so what you see is democrats

identifying a potential wea weakness. i don't know if it will overcome the obamacare issues. >> prepare to hear those words for next eight months. you have heard someone say at the end of the rainbow you will find a pot of gold? well it turns out you might not need the rainbow. a california company walking their dogs discovered half a dozen canisters fills with millions of rare gold coins. claudia is live. >> reporter: imagine walking your dog in your own backyard and stumbling across the greatest treasure located in north america. 1400 gold coins from the 1880s, incrediblely rare and buried in

mint condition from someone who thought putting it in the ground was safer than putting it in the west. these are the days of the west when california's gold country was the edge of civilization. they were found by self-employed couple who walked the path hundreds of times before. worried treasure hunters might show up they want to stay anonymous and rare coin experts say that is a smart move because they have never seen a group of cold coins buried in the ground of this size and value. they were in eight cans of different sizes and in states e decay. the couple called in the experts and good thing because cleaning them could have reduced the value significantly. worth arou and several of the coins could fetch a million a piece when

they go on sale on amazon. they will need to pay taxes on the wealth, likely a million. but they don't want to change their lifestyle and will donate to charity and keep a few coins as keepsakes. >> good for them. that is a great story. don't you want to know the background of who actually put those coins in those canisters and hid them? i wonder why. it would be interesting if they go figure it out. >> it is big mystery >> i'm going to go home and dig up the backyard. >> you never know what you wofi will find. >> new action in the irs profiling scandal. who the lawmakers are hearing from now. plus, president obama with his

on the economy taking his job push on the road. and we will talk to senator john thune about it all. thune about it all. that allows you to eat all that you can. 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.

jenna: well the president heading to minneapolis right now continuing his push this week on jobs, the economy and the theme of income inequality. he hit on all the topics last night at the same event that the president vigorously touted four million people who signed up for obamacare since its troubled launch. joining us senator john thune, chairman of the senate republican conference and member of the senate finance committee. senator, nice to have you back on the program. >> good morning, jenna. nice to be with you. jenna: a lot of criticism of president's use of executive actions and push on the economy as we mentioned. do something different today for viewers and not go down the path of criticism and talk about the

republican plan. the president is traveling all over the country. what is the republican plan? what are your major themes when it comes to job growth and the economy. >> for one thing we would do right away, jenna, and i think it is ironic the president is traveling to minnesota today because his medical device tax in obamacare is costing thousand of jobs in a state where they employ literally 30,000 people empty medical device manufacturing business. so we would repeal that. we actually got 79 votes in support of repealing the medical device tax last year in the budget, which included 30 democrats. there is bipartisan support for it. the president issued a veto threat on that. the best thing for jobs in minnesota, would be to repeal the medical device tax and withdraw a veto threat with regard to that particular issue. jenna: senator, if i could, you got bipartisan support on that, i understand the president threatened to veto, if you could help us some processes inside the senate. does that mean it dice?

you will not continue to push for that or try a different way to get it through? >> we'll try to get an amendment offered to any legislation that moves through would present a list of vehicles, jenna, that would give us the opportunity to give an amendment that would repeal it. what happened last year it was attached to budget. budget doesn't have force of law. didn't get enacted in the first place. we got 30 democrats to vote for the amendment. we think there is broad bipartisan support for it here and in the house f we get the legislation moving, get it passed here in the congress the president would sign that into law but he issued in 2012, he issued a veto threat for the legislation. costing thousands of jobs in the economy. that is one thing you would do immediately to create jobs, take away the job-killing policies the president put in place. jenna: you brought up the new health care law. that is something we brought talk ad lot about today. as in your role as chairman of the republican conference, your job is to get everybody together

behind a cohesive message. have you made any progress on a united republican on a solution to obamacare or a way to address it as we move forward in this time period this year, this very crucial year? >> there are a series of things almost all, i wouldn't say all republicans support. there are individual pieces of legislation. we sent three senators, hatch, burr and coburn introduced a bill, alternative to obamacare. the one thing we all agree on this is harmful and hurting the economy, jenna and we ought to give the american people a break from it. if you want to be in obamacare, great. if you don't want to be in obamacare, you can buy insurance in private marketplace, policy you would like that uninsurance provider provides you because you can't do that, government provides that you have to buy government approved insurance, that is something i hope a lot of democrats would agree with as well. jenna: critics pointed out to

the president and administration they had several years to get obamacare right. the republicans have also had several years to figure out what an alternative would look like. why is it taking so long? >> well, we haven't had, democrats control, starting in 2006 controlled both houses of congress. we won the house back in 2010. the house has, is introduced and passed a series of things. >> including all or partial repeals of obamacare but also things that we are for through the house of representatives. most of those things we can't get voted on because democrats in the senate block it. they block those things because they don't want to put the president's signature law at risk and raise, i think the political opposition that there is across the country to it. so we, we're given a chance to be in the majority after this election, i think you will see a lot of republican ideas offered, advanced out there. many we talked about in the past. allowing interstate competition, people to buy insurance across state lines. allow people to join larger

groups to pool to get the benefit of group purchasing power. doing away with junk lawsuits that drive up cost of providing health care in this country because of defensive medicine and expanding opportunities that people have through tax policy to get their own insurance, tax credits to allow them to have their own insurance policies. so the whole range of good republican ideas out there, but we don't get a chance to get those considered today because in the united states senate at least, democrats blocked those initiatives. you have a president and white house for whom this is his signature initiative. he will certainly veto anything we send him. jenna: you don't get to tell the dealer which cards to give you. you have to just play them, right, senator? that is what you're facing and focus is the election later this year and we'll certainly talk a lot about that. senator, great to have you back on the program as always. thank you so much. >> thanks, jenna. jon: have you heard this? there is a new pitch to make baseball's opening day a national holiday. who is behind it? will it fly? do you like the idea? we're live with that story.

jon: a novel pitched to congress about america's pastime. the new movement to make major league baseball's opening day a national holiday. julie banderas live with the 411. >> is this over the top? i guess if you're that big of a fan. jon: a lot of people, yeah. >> i don't know. ever called out sick from work on baseball's opening day? you don't have to answer. what if it were made a federal holiday, would that heal the pain? congress is being pated to do just that, a petition reads in part, opening day is more than beginning of the season, a symbol of rebirth, an american tradition and deserves to be recognized as an american holiday. it has gotten over 24,000 signatures so far. the company, coupled with major

league baseball airing ads, budweiser the company. the idea is to actually close the federal government for a day. both houses of congress would have to vote for it t would also require a presidential signature. it is unlike i to happen. baseball has competition. many would say, why not football, a more popular sport? i asked my twitter followers. he tweets me, why not the day after super bowl too? more call in sick that day than mlb opening day. he writes plea, make opening day saturday or sunday? good point. there are holidays that made failed to make it through congress. world plumbing day and national could corvette day. columbus day is losing steam. california dropped it off their calendar, calendar of columbus day which we get paid. it is not a national holiday we get to enjoy here at fox of the we still have to work. jon: right. same with the baseball thing.

federal employees would get day off but private sector, not to much. >> if we have to work they have to work. jon: thanks, julie. >> baseball may be blamed for this next thing, beard craze. guys are going under the knife. they're getting facial hair transplants and shelling out big bucks for them, about $8500. maybe they want to look like these guys from "duck dynasty" for example, or maybe the red sox are to blame being a baseball rite. remember the guys from last year's season, champions. got us to thinking about our own jon scott. that would be amazing. a real crowd pleaser. should ask viewers on twitter what they think. jon: i had a beard once. if i could dig up the photo weill bring it in here. jenna: you heard hit here. now he has to do it. jon: there's a story that goes with it. jenna: we look forward to hearing that. jon: all right. some prominent democrats eyeing the white house. the competition that hillary clinton might face from within her own party if she decides to

throw her hat in the presidential ring in 2016.

jon: big developments on our top stories and breaking news this hour. jenna: the irs in the hot seat yet again. agency higher-ups taking tough questions as two hearings on capitol hill. also new testimony in the trial of a social eight accused of hiring a hit man to kill her ex-husband. what prosecutors say was her motive. the bitter cold is back with snow. it is all "happening now." start off with a fox news alert. ukraine's ousted president placed on an international wanted list for the mass murder of government protesters. that is creating a deeper rift within the country. great to see you. i'm jenna lee. jon: i'm jon scott. ukraine's western half, the ukrainian-speaking, pro-european

side, against the russian-speaking portion backed by moscow saying terrorists are imposing their will in ukraine. some people are openly calling for cessation, a split from the country. greg palkot is there. >> reporter: we're seeing unrest in some areas of ukraine the past couple days. some people are upset about the western tilt to the revolution sweeping that country. crimea, home to a big ethnic russian population, people were out protesting change and yes, even calling for secession for ukraine. there is one unconfirmed report of one death. crimea again is the home port for the russian black sea fleet and russian firms today said they would take measures to safeguard the facility amidst a broader call of a urgent drill of russian armed forces in the

western part of russia, including along the boarder with ukraine. that call coming from president vladmir putin. he made the announcement today. aids say that the not related to the events in ukraine but the time something alarming to some and western military alliance, nato, came out and offered its support for what it calls a sovereign, independent ukraine. meanwhile, yes, the ukrainian interim government official making that announcement today calling for the ousted ukrainian president victor yanukovych to be put on a international wanted list. yanukovych has been on the run since friday when he fled kiev. there is some suspicion he got into rush should but today officials say they still think he remains in the country but, yes, on the run. finally the u.s. is trying to figure out how to play all of this in kiev last two days, deputy secretary of state william burns, he overnight paid

respect to those killed in the violent protests that spread to keefe in the past week or so -- key every. at the same time, late last night secretary kerry saying that the u.s. does not want a replay of the u.s. versus russia or u.s. versus soviet union cold war era, again calling for that sovereign ukraine. ukraine which actually is in bad economic straits and we are here in just a couple hours, a transitional government will be announced. the full lineup very important to raise money from the west and elsewhere. back to you, jon. jon: just another hot spot which seems like a very troubled world right now. greg pal scott, thanks. jenna: we take you back to washington, d.c. where house lawmakers tame again at the irs. agency firmed firms are grilled in new hearings at targeting of conservative groups. we hear former irs official lois learner is being recalled for more questioning.

chief correspondent washington emanuel live on capitol hill with more. mike? >> reporter: house oversight chairman darrell issa called on lois learner to return to capital hill march 5th saying her testimony is remains critical to his committees investigation. learner came up to the capitol hill last spring and made a statement defending her actions and declined to answer questions, the taking the fifth amendment right and then she is in a new letter to issa, her attorney says, learner will decline to answer questions unless she is ordered to do so by united states district court or receives immunity. attorney william taylor wrote, quote, we therefore request that the committee not require ms. learner to attend the hearing solely for the purpose once again invoking her rights. also today, the current irs commissioner, is up here on capitol hill answering questions from lawmakers and is reminded some lawmakers are not happy with the tax collection agency. >> some would say you inherit ad

pretty big mess. we've had a situation that i would say it is one of the dark periods in the irs history. you had, at a time when the irs was awash with money, their horseplay, harrassment started. >> reporter: the man sent in to fix the mess at the irs tried to reassure lawmakers. >> my goal is that whatever comes out of this, is there is any regulation, it is not guaranteed there will be, one that is clear, fair to everyone and easy to administer. the irs is not a political organization and we ought to do whatever we can to get out out f the politics of all this. >> reporter: koskinen is trying to regain the public trust as the irs is heading into the tax season. jenna. jenna: mike emanuel, a big story for us today. mike, thank you. jon: for more on this bring in the staff writer for the hill. elise, the president when he found out about the irs targeting of conservative groups said it was unacceptable.

he said it was outraged and virtually nothing has been done. is it going to be left up to congress to effect some change there? >> it could be. i mean of course we've seen some shake-up at the irs. lois lerner, for example, is out of a job but i think at this point we can expect very little action from congress because democrats and republicans are in so much disagreement about how to follow through on reforms that conservatives have proposed. i think that people on both side of the aisle want to see the irs ad min sister its role with neutrality and with fairness but at this point there's a lot of disagreement about how to make that happen. jon: kind of funny on the senate side harry reid was saying, oh, it is useless to take up any kind of irs reform plan this year because republicans are so obstructionist. he runs the senate. they have got the democratic majority. he could get something done if he wanted to, right? >> yes he could in fact, but what we're talking about right now, the idea of reforming the tax code is going to be very difficult in an election year.

in fact we saw a proposal out from a top republican leader in the house, dave camp, that would target very popular tax deductions and eliminate them in order to bring down overall tax rates. and that is something that the gop has said they have been behind for a long time but this is really the first time we've seen details of those proposals and it will be very difficult because there are a lot of voters don't want to see their tax deductions go away. i think it is not surprising to see democratic leaders also shy away from that. at this point probably the gop in the house won't hold its own vote because they know how politically volatile this could be. jon: i don't know of anybody who has warm and fuzzy feelings towards the irs. why so difficult to, you know, to rein in the irs and to simplify the tax code? >> well, you would think it would be easy, right? because as you say, many people distrust the irs. they don't like it. this is the agency that takes our money every year, but at the same time, the reform proposals are very complicated and

involved in some politics. for example, people who have certain tax deductions they have come to count on every tax season are not going to want to see those go away, regardless what they think of the irs, regardless whether they believe that those eliminating those tax deductions would lower tax rates overall. so i think that is just one example of why this is so volatile. perhaps we could see action on it after election season is over. certainly depending who holds the senate next year. it will be very interesting to see the future of these proposals. but in terms of reforming, for example, tax-exempt groups, there is nothing more vital to the republican base than keeping their ability to, to do political action through some of these increasingly powerful organizations. jon: so is that why republicans are so keen, for instance, to get lois lerner back in front of the committee to testify on capitol hill? >> yes, they do not feel lois lerner has not been up front. in many ways she hasn't. she pleaded the fifth and did not answer republicans questions

last time she was on capitol hill. in fact we saw republican leaders send a message to the irs hoping to call more emails between lois lerner and other members of her staff, perhaps even between lois lerner and white house in order to investigate their question whether the white house was directly involved in some of this targeting. they haven't found a smoking gun yet. they're hoping to get it. they know if they bring lois lerner back before the committee and somehow compel her to testify maybe they get detailsthey exist. at the same time lois lerner is expected even if she comes back to plead the fifth again. it remains to be scene but i do think they want to see her again, jon. jon: elise, it will be interesting to watch all of this drama as it unfolds on capitol hill. elise v. beck from "the hill." >> thanks. jenna: president is putting infrastructure on his to-do list which john and elise was talking about. expecting to ask congress for $300 billion to update nation's

roads and railways. the trust fund which finance federal roadways could go broke as early as august. to pay for it, the president is proposing half of it be paid by closing tax loopholes while holding a competition for grants to create infrastructure jobs to pay for the rest. meantime we have a fobs news alert on a very emotional story, one i'm sure you've seen and, certainly has affected you personally. this was the murder of the british soldier over in london. two islamist extremist, the ones you saw on your screen there, hit this young man, lee rigby, with a car and then stabbed him in the streets in the name of allah. we're just getting the sentence in london and what we're learning is that these two men, one of them has been sentenced to life in prison. the other, 45 years. we're not clear which is which right now. we're trying to work that up. this is breaking news. our sister station over in london, sky news doing a live report on what actually

transpired inside the courtroom. an interesting scene inside the courtroom as well. these men have already been convicted of the murder of lee rigby. a. today was the sentencing, during the sentencing one of the men yelled out, you, meaning the u.k., and america will never be safe. the other man was removed from court after shouting, "allahu akbar!" at the judge from the dock. both were removed from the court. one sentenced for life. one 45 years. hopefully that is life sentence for both. i don't think i'm going out on a ledge saying this was truly horrific crime and true evidence of evil on the streets for sure. so this is the conclusion, jon, to the story that really stunned the world in its brutality and violence in the murder of this u.k. soldier. jon: let's hope his widow and his little girl can take comfort knowing those guys will be put away for a long time. controversial policy of the obama administration regarding illegal immigrants related to military members. we'll talk a look at that in a

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jenna: a big question, if hillary clinton does run for president in 2016 it might not be a cakewalk to the nomination. several prominent democrats say they will not defer to the former secretary of state if she runs. just this week in fact, vice president joe biden denied reports he won't run for president if clinton does. now more potential rivals may be moving ahead with plans to run as well. chief political correspondent carl cameron is watching this live from d.c., hey, carl. >> reporter: a poll from "the new york times" clinton leads all potential 2016 from either party. she was in georgetown university just last night for a annual

self-named clint: award for advancing woman in peace. tonight she will be down giving a speech at the university of miami, where donna shalala one of her close friends is president. super pac, priorities usa will hold a first organizing meeting for clinton 2016. this super pac was created by first-term obama white house staffers to get him reelected into 2012. it is transformed into a fund-raising operation for clinton. she never discouraged her supporters from building what is expected to be a 2 billion-dollar campaign organization. there are places like, ready for hillary, the super pac we just mentioned, priorities usa. another super pac called american bridge, which has its own fact-checking operation, called, correct the record, and even emily's list is staffed by all kinds of clinton insiders. $2 billion estimated the campaign machine. a lot of democrats assumed vice president joe biden wouldn't run if clinton does. inside remembers shooting that

down to more reporters like myself for a year. this week biden had to do it on "the view", and would ask to defer to clinton and said no for even suggesting it. he was earlier this week on the seth myers debut as anchor of "the late show." and he is joked for running for president. he is not alone. massachusetts governor deval patrick refused to rule out a run. martin o'malley says he has been in more months. brian schweitzer went to ohio and took a veiled shot at hillary directly. andrew cuomo is pretty quiet but he is still planning. california governor jerry brown and former governor howard dean, if hillary clinton will not face a liberal challenge from her left, they will think about it. democrats are not giving her a pass. they want to make sure she has some progressive challenges. >> carl, thank you. jon: more republicans are accusing president obama exceeding his authority. house lawmakers are trying to

rein in they say the president's use of executive orders. a live report on that coming up. plus more on the murder trial of pamela phillips, accused of hiring a hit man to kill her ex-husband with a car bomb. her former nanny testifying about phillips 'greed and her reaction to hearing her ex-husband was killed. >> she was not crying or hysterical. she was calm. vo: once upon a time

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jenna: trial after socialite accused of hiring a hit man to kill her ex-husband resumes moments from now. witnesses for prosecution testifying that pamela phillips was desperate for cash to fund her very lavish lifestyle. her former husband, gary triano

was accused in a car bombing in 1996. her lawyers say one of his business rivals probably killed him but that is not what the prosecution says. we have john manuelian, a criminal defense attorney. nice to have you both on the story today as we continue to follow it. we heard from quite a few different characters yesterday. one was the man who was hired by pamela to watch her children, a manny if you will, a male naney. he said he worked hours and hours and hours. he has a certain perspective into the life of pamla. let's play a little sound from him. >> this jent nan, the one that was the hotel owner, was older gentleman, divorced. and then the other gentleman was younger and, she said, i really want, you know, i'm attracted this one but, you know, i need a husband that is worth $20 million. jenna: brian, who doesn't need a husband worth $20 million.

maybe that is the question. but in this case what the prosecution is trying to show, she date ad lot of guys and she was desperate for cash. do you think that is effective way for portraying the motive for murdering her ex-husband? >> that is definitely a great start but the question is, what is going to follow. when i analyze the facts in the case, at least what is reported in the media, sounds like the prosecution will have a problem because there is nothing to tie the gap between something that arouse as lot of suspicion and probably gives her a great motive to do something and actually proves that she did it. this is not a case with dna. it is a, not a case with fingerprints. there is not a case with a confession. there is no independent eyewitnesses. all about the circumstance that is suggests she might have a motive to kill, but i'm just not seeing that next thing that has to follow. jenna: john, one of the things we should talk about the man that was convicted of gary triano, the ex-boyfriend of the woman on the screen now. is that enough to make a connection in this case?

>> it could be. it all depends on how the jurors feel about pamela phillips. i think the prosecution is going to try to make the jurors hate fam la -- pamela phillips and use the anger into convicting her. brian is right, there is not enough evidence at this point in time. allegations and suspicions are not enough to convict pamela. if they use all the circumstantial evidence regarding the way the detonation went off, the relationship between her and ronald young. the fact she was broke and wanted to live that lavish lifestyle, it may be enough. but as a defense attorney i would point out the fact this is a very old case. the prosecutors and investigators are trying to close this cold case and they're jumping to conclusions based on the fact she was paid a life insurance premium. that alone doesn't mean she had intent to kill. if she wanted to kill her husband she would have done it way, way before. remember, jenna, they share two children. so the defense attorney has to argue why would she kill the husband of her children or father of her children? jenna: interesting.

as john points out, it has been 20 years since the death of this man. i'm curious, both of you say this will be uphill battle for the prosecution. why do you think they have chosen this, brian? not that you don't choose hard cases but what finally brought this to trial, the apex of a trial. >> i think there are two factors. i read somewhere the trial was delayed because of her mental health condition. i don't know what the details are. i don't know if she went through a period of a lack of mental competency you have to have for trial but sound like there was some kind of issue with that the other thing is, and this is very common in criminal law, law enforcement decide who's guilty of a crime and they sink their teeth in and won't let go. you know what? great business for people like me and my fellow guest here today because we're able to tear these cases apart. sometimes the worst thing is, it results in an injustice, there is miscarriage of justice because convictions have to be founded on evidence and the law. situations like this, it is just not there.

you need more than enough to prove an allegation. tough go all the way to get that conviction. rendering her a suspect is not enough. jenna: to get beyond a reasonable doubt, we have to remember that, jon. >> absolutely. jenna: gets to the point where there would be conviction. john, if we could, here are a couple things that happened yesterday. prosecution brought a former friend or current friend of pamela phillips on the stand. he admitted he had given her tens of thousand of dollars as a loan. we heard from a car rental shop owner who said he rented a car to pamela's former boyfriend. he is the convicted bomber, ron young. you can see where they're going. what is going to connect the dots? what do you think would be the most difficult challenge for the defense to overcome when this finally gets to them? >> i think the challenge is going to be dispelling the prosecution's theory she needed money for her lavish lifestyle. i think, jenna, they could dispel the theory, pointing out she was working as real estate

agent for the heinz corporation and had a lucrative career going on. >> right. >> the other problem is the bombing of the car itself. they could dispel that theory that gary triano had a lot of debts including organized mob figures and anybody could have killed him, not just pamela phillips. jenna: interesting case. thanks for coming on today. thank you so much. >> thank you. jon: america as little kids have become way too big but now there is some big news. what is behind the latest obesity numbers that show young children are slimming down. target feeling the pain after a serious security breach. how store sales might be affected as customers try to avoid another hack attack. cúp,@p

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jenna: now the president is, in his use of executive power is in the spotlight as house lawmakers holding a hearing to consider options for congress in addressing the president's refusal to enforce existing laws and rein in what they see as his executive overreach in mandating new regulations. again their opinion. there is the hearing today. molly henneberg is live in washington with more. molly? >> reporter: jenna lawmakers heard from their colleagues at leave on one member of panel, meaning other members of congress who introduced legislation to challenge president obama's executive actions that change obamacare, immigration laws and other laws without going through congress. republican congressman jim gerlach, for example, sponsored

a bill that would create a new path for congress to challenge the president in u.s. district court for, quote, potentially unconstitutional actions. >> i believe it is time for the congress to put in place for a proper of fast track, independent review of those executive actions. >> reporter: democrats on the house judiciary committee saying the president should have flexibility to implement complex programs and challenged the purpose of today's hearing. >> yet, another attempt by the majority to prevent the president's implementation of duly-enacted legislative initiatives that they oppose, such as the affordable care act. >> reporter: but house judiciary committee chairman, republican congressman bob goodlatte contend that the president does not have the constitutional authority, quote, to bypass congress based on his policy prevalences. on the hill today, a a florida orthodontist met with members of

congress. he is suing the treasury secretary and irs over the president's decision to delay the obamacare employer mandate for two years. the doctor says this hurt his business because he had prepared in advance for the mandate to go into effect this year as the law states. >> mr. president, the question is, how can you expect america to follow the law when you who should lead by example choose not to do so yourself? >> reporter: a lower court judged ruled against him previously but he is now appealing his case. jenna? jenna: molly henneberg, live in d.c. molly, thank you so much. jon: as we reported in our last hour, the scales are tipping in the right direction in the fight against childhood obesity. obesity rates dropping 43% among two to five-year-olds in the past decade. that according to 2012 data from the centers for disease control and prevention. obesity rates in the bulk of the population however remain

essentially unchanged. so here with a look at what could behind the trend, dr. devi, assistant professor of anesthesiology and rehabilitation at nyu school of medicine. so the good news is among the kid, two to five-year-olds 43% drop. i would take it as bad news nobody seems to know why. >> you could think about it that way. it is good news that the numbers came down but there is still 8% obesity in the age group. you wonder why, especially that age, parents or other adults are buying them food. not like they're so much to advertising. physical activity, regular play is what they need. they don't need a gym membership and other things. it is concerning that the obesity rate is that high. jon: and unchanged among adults. >> that is very concerning. the percentage is about 35%. that means for adults, one in three are considered obese.

for youth that percentage is about 17%. again those numbers are not changing. but you wonder why they're at that level. over the past decade there have been a lot of changes in terms of diet. now we hear about caloric content in a lot of foods. we get a lot more information about newt tricks. we have more fitness crazes and fit fits and other trackers. if you think about how much people get that yoga and wellness activities, you wonder why the number down come down significantly. jon: so the kids, these numbers are coming from the centers fora pretty solid number i guess. it is not something that came from, you know a dodgy research group but you have some questions about the methodology of the research? >> i wonder, a lot of this is based on growth charts. these growth charts have been accepted for years, decade but at the same time they're based on data that we had in the past. so they're based on data about people who, you know, from a time when malnutrition and

undernutrition were the biggest concerns. they're based on height and weight. now what we care about isn't so much height and weight in terms of appearance but we really care about fitness or how long somebody is going to live. maybe those growth charts need to be looked at a little bit more. even the composition of our country, the way people look, people's ethnicities, a lot of things, genetic pool, a lot of those things have changed over time. even though the growth charts may be the best thing we have right now, maybe they need to be looked at a little bit further to show what is really reflective of our society. jon: a lot of grandparents who think a healthy baby is a chubby baby. >> exactly. even amongst grandparents, obesity rates are going up in that group as well. especially women over age 60. you wonder about that. some may be hormonenal changes like menopause, but some may be we have a population living longer f you're living longer you more likely to have chronic conditions, heart disease or arthritis that prevent you from

exercising as well. jon: dr. devi, thanks for coming in to talk about it. >> always good to see. >> we're learning more about the major impact of that major security breach at target. the retailer reported that sales dropped more than 5% in the crucial holiday shopping season with the profits down 46%. the company warned that the breach could hurt future profits. we did not find out about the breach until after the holidays. more than 110 million target customers had personal data exposed when hackers got into the system at the height of the holiday shopping system last year. still the company's ceo says the retailer's efforts to lure back customers are starting to pay off and their stock is rallying today. jon? jon: a stunning report from the associated press showing most of the obamacare exchanges were at high-risk for exploitation by hackers. how bad it got and how to keep your personal information safe. enough already. the polar vortex back again. more snow could be on the way for a big chunk of the country.

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and 9 grams of protein. [ bottle ] ensure®. nutrition inharge™. jenna: uncovering new documents showing 2/3 of all state health care exchanges were high security risks before their launches. that news raising concerns that the health care websites were rushed into operation to meet the october 1st launch date. continued back end problems could leave all the websites open to hackers. obama care registration websites are preying on americans information with obamacare.us. they sound legitimate but they're cause fooling people. morgan wright, cybersecurity analyst. there are two side to this story. you have the question about whether the government rushed and put together websites still up and still faulty. then you have the other area where there are people creating websites, meant to allure

americans. >> right. >> let me start with those first, those websites coming up like obamacare.net and all of that. is there anything that the government can do that would force them to take down those websites too similar to the government's? >> yeah. jenna, they missed a real opportunity before it even launched to capture a lot of these domain names and prevent the kind of confusion to begin with. when i testified in on the 19th in front of congress i talked about issue of domain name confusion. it creates fraud and uncertainty because people, it sound legitimate, they go to it and to this day there is no way to go on to the healthcare.gov site and see what is a legitimate state exchange and what is not and how do i prevent against that. so it is still an open issue. it is one problem feeds the other. until they solve it and have the chance to solve the first one, but there is some action they can take but the government will have to do it and we'll see how serious they are about doing it. jenna: when we all become more proficient online shoppers, if you will, morgan --

>> especially you, jenna. jenna: one of the things you look for is that little lock on bottom of your screen, for example. >> right. jenna: that will tell you you're at a secure place and able to enter your personal information. could you see something like that, where there would be a visible sign for americans this is legitimate state exchange and what you were on? >> absolutely. jenna, this is simple problem to fix. what you're talking about is that little what they call secured socket layer. when you have encrypted connection, you can rust this connection. government should do education and awareness, only authorized sites, take its back to authority says yes this is the correct seal. they can do a lot of thing only 50 sites have 50 seals and only those go back to one place and this is authorized site. it is an easy fix and education and awareness to consumers. jenna: how much would it cost, something like that? >> a heck of a lot less than what they spent to get themselves in this position. $100,000 you could have

something like that knocked out in a week. jenna: you have that sort of problem, at least sort of fixed. at least it would give a cue to the public. >> right. jenna: talk about the report from the associated press which is quite technical, morgan and in what they're trying to explain, which is the issues ahead of the websites, when they launched and issues that also continue. what did you make in general of the associated press's reports? >> it is continue wages of my testimony, david kennedy's testimony, dr. chang's testimony and all of us who testified since then of the what we said even if you secure the main site, it is all these other connections to it that have to be secured, every site, every place thaw touch, personally identifiable information has to be secured. jenna, in that report, when is it acceptable when you have findings of high risks or extremely high-risk it is okay to launch this? this is majority of findings on many state websites prior to october 1st. they said they tried to fix some of them. every time you add another state to it and there is no standard

for connecting and it is not secure you invite many more problems that take more money and time to fix and that goes on to two sites and four, then eight. jenna: interesting column in the "wall street journal." the author was saying issue of cybersecurity threat, the real style, if you will now, instead of someone going into your home and robbing it right away, ire home being the computer, the hacker will go in and hide in the closet, wait, wait for the moment where they can strike. it was just such a scary description. i wonder, morgan, i know you deal with cybercrime quite a it about. say you've gone on to a website that wasn't secure, it was a state exchange and someone took your information you don't even know about that now. it will take months for it? who is accountable? can you hold anybody accountable if you're the person whose information was taken? >> it is very difficult to sue the federal government, extremely difficult. so unless there is personal liability attached, i'll tell you, how long did the breach at target go on before they

discovered it, neiman marcus? a lot of these different places. example i used before is exact same thing. they shea they haven't been hacked yet. i say how do you know? a bank robber doesn't rob a bank while under construction. it waits until something is valuable. two pieces is that are valuable. personally identifiable information. and then the payment civil. you will see massive amount of fraud on online payment system. they have not finished out the payment system for the back end of healthcare.gov site. the other shoe will drop. because they hasn't happened they said all is fine. target was fine on december 20 second. jenna: if there is option to call in or using, mailing in or everything being entered into the same website regardless how you're giving up your information? >> call into somebody. they put it on a form. gets entered into the same system anyway. when you do call if you have issue of insider threat. today this day there are no standard requirement they

undergo background check if you're navigators and receiving federal funding to do that you have issue of insider threat. take that combining with entering a system still not secure to this day, nothing good comes out of this. jenna: i have to run, any one asked after you testified, any lawmakers, government approached you can you help us fix this? >> yeah. a week ago i delivered a white paper to the oversight committee on the science, space technology committee. i know some of the language we put out in the testimony is supposed to end up in some legislation that should be coming out soon. so somebody is listening. >> that's good. i like to hear that, even when the news isn't that great. morgan, always nice to have you on the program. >> you bet, jenna. many talk to you later. jon: fox news alert and live pictures from britain right now. it was last may 22nd that a 25-year-old soldier named lee rigby was run over by a car and then hacked to death on a british street. now the two men convicted last december of his murder are being

taken to prison. that is what the helicopter shot is following that procession of white vans there, taking 29-year-old, michael adebolau and 22-year-old, michael adebowale. both will serve life terms. the younger one, adebowale will get parole after serves 45 years of his sentence. the judge apparently felled he deserved that. adebolaje testified during the court hearings they were trying to exact revenge on british soldiers for attacks on muslims overseas. it was a case that inflamed and terrified britains. soldier hacked to death, basically in the middle of the day on a british street. now the two men responsible are going to prison, possibly both of them for life. jenna: with our outburst, no remorse from either of them. jon: there was apparently quite

an uproar in court. they tangled with guards after the sentencing. and there was a big three-minute long wrestling match essentially in the courtroom. jenna: wow, a story, at least that chapter is over and they're going to prison. a big part of the country meantime is hit with bitter cold and snow again. meteorologist rick reichmuth with the latest forecast for all of us today. plus the city making a last-minute bid to host the republican convention in 2016. >> owe my gosh, is that you. >> yes it is me. did you miss me. >> terribly! did you miss me, bill? >> yeah. >> happy to be reunited. >> obamacare, failure to lawn. big story. >> also we'll talk about the story that got so much attention, the firefighters who would not help a dying man. we have an update. >> okay. see you then. >> talk about that. >> knew you missed me. , right?

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jenna: taking you all the way out to the west coast, really the edge of the west coast, san francisco. that is the cliff house restaurant, famous restaurant looking over a cliff out into the pacific ocean. unfortunately a woman got too close to the side. are is walking path, with firefighters trying to rescue here. she doesn't have life-threatening injuries. scary situation for the firefighters with this rescue around 10:00 this morning out in san francisco. there is the woman. she appears to be in good hands, jon. but probably a little bit of a scary fall on those cliffs. they are steep going into the ocean there. jon: that looks pretty rocky and pretty painful. well, today is the deadline to submit bids to host the 2016 gop convention. lawmakers from one city are

making a last-minute push to hold the event for the first time since 1984. casey stiegel live in dallas with more on that. casey? >> reporter: jon, i give you a hint what city that is, the one i'm sitting in, dallas the big-d. , wants a slice of the pie. seven other cities that are vying to host the republican 2016 national convention. look at other cities that already submitted the bids, paperwork in. vegas, phoenix, denver, kansas city, three sis in ohio, columbus, cincinnati and cleveland. well the committee here in dallas believes texas is the perfect spot because it is centrally located. dallas has a major airport not to mention 35,000 hotel rooms within two miles of the convention site which would be at the american airlines center. it is estimated that the convention would bring about 40,000 people to the winning city, translating into millions of dollars of major economic boost obviously. and while the lone star state is

very red, a former republican u.s. senator from texas, who is working on the dallas bid says, it is really not about party lines. >> you want democrats and republicans and independents and it's a community effort. it is selling our city more than it is, really, the politics of it. >> reporter: 1984 was really the last time dallas hosted the gop national convention when ronald reagan was nominated and subsequently won his second term. it was also around that time when the republican party solidified its hold in texas. it was a very transitional period. remember this state had been democrat but political analysts say luring the convention here for 2016 may be difficult. >> it is an election cycles, conventions have been put in toss-up states to try to draw that state to your side. texas is going to go republican.

>> reporter: he says while the conventions are about showcasing a city they're still very much about politics and of course energizing the party. jon? jon: casey stiegel from dallas, casey, thank you. up next some big names come together in washington, d.c. to help the national guard help kids stay in school. i'll give you a quick pic.

. rrn

you know i was in washington d.c. and last night we rocked the capitol. >> rocked it? >> that's country music super star randy houser entertaining folks in the youth challenge foundation galley. you can see johnnie bench. i was privileged to emcee the event and we got the answer to the question.

new collision why should you run over the catcher? >> off doubt hours you are doing reporting? >> yeah. we raised a lot of money to help prevent dropout. >> i bet you did a great job. >> i tried my best. >> thank you for joining us, everybody. >> nice, fox news alert. two reports and two-days and obama care was not ready for launch and the white house knew it. welcome to hq, i am bill hemmer. >> nice to see you and reunited. widespread problems showed more problems than the administration let on. did the white house put people's personal information at risk? byron is a fox news contributor. we knew the federal roll out had problems and now we know