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martha: brand-new numbers on the unemployment picture came out this morning.

we have the weekly applications for jobless benefits. that number fell to $303,000. but the bigger picture remains grim out there because you have got millions of people who are still out of work. the monthly jobs number which always gives us a bigger picture of what's going on comes out tomorrow morning. bill: could lois lerner's next public appearance be before a judge invoking her fifth amendment right we repeatedly. >> my counsel advised me i have note waived my constitutional rights under the fifth amendment and under his advice i will decline to answer any questions in this hearing. on the advice of my counsel i respectfully exercise my fifth amendment right and decline to answer that question. on the advice of my counsel i respectfully exercise my fifth amendment right and refuse to

answer that question. bill: trey gowdy is here. i know you expected her to talk. i know around former federal prosecutor. you said you did that for 1 years. trust me -- i did that for 16 years, trust me we can get her to talk. >> she needs to have a conversation with her attorney and make him realize he's not the star. she needs to come in under a unr a proffer. 's in a quasi criminal investigation you don't want to be the last one to come to the party. but to ask for immunity is absurd. bill: darrell issa suggested

last night on fox you reached a dead end. >> last time i talked to you i was equally convinced she was going to testify because her attorney said she would. but where we are headed now is for contempt of congress and she'll go down in the annals of history as a government official who ended her career being disciplined on a house floor or worse because she did waive. bill: if that's the way the course goes for her, does that put an end to this investigation with these conservative groups and the irs? >> there are other witnesses. you don't have five minutes and i wouldn't take it if you did. but if you gave me five i minutes not using a single bit of testimony from her, i could prove to you what happened and

why it happened. the important part is the why. why did they target conservative griewnls? if she had testified yesterday i would have spent my five minutes laying out for viewers why think happened. but she needs to come in and save herself and ignore her lawyer's advice. bill: the president said there is not a smidgen of corruption. the question then is why did she invoke the fifth amendment. this is the exchange that occurred between darrell issa and elijah cummings. >> for the past year the central republican accusation >> we are adjourned. close it down. >> if you will sit down and allow me to ask a question. i'm a member of the congress of the united states of america. i'm tired of this.

>> we had a hearing, adjourned. i gave you an opportunity. bill: to those who said elijah cummings was not treated fairly or given an opportunity to make a statement or ask a question. what would you say? >> i'm never afraid of debate. i would have loved to have had the opportunity to convince mr. cummings and our other democrat colleagues that our central accusation that this didn't arise in ohio is untrue. your viewers who were targeted about it irs, they were denied an opportunity to get answers. i don't think people care about congressmen arguing with one another. i think they tuned in to see if

sheep would provide insight into what happened and i'm disappointed your viewers were denied that opportunity. bill: the house speaker seems to think he's on your side. if she doesn't answer questions she could be held in contempt. but that would take a full house vote. then what would happen? does she appear before a judge? >> the case would be referred to the u.s. attorney. the u.s. attorney would prosecute contempt of congress. there is another form of contempt that is a little more arkane. it's called the inherent power of the house to discipline people. on the issue of waiver and why the speaker is going agree with us, think back to may of 2013 when she first came. she made 17 separate factual assertions. that's a lot of talk for somebody who wanted to remain

silent. 17 separate factual assertions and you can stand with a straight face and say i reserve my right to remain silent. bill: in a word you are saying this is not over. >> heavens no. if i could sing, i would sing "we have only just begun." martha: some kids busted for smoking pot in their school bathroom. did we mention they are third graders? we'll have details on this unbelievable story. bill: what the being changes and what's being dropped and what parents and kids need to snow on s.a.t.s. martha: 1,500.

[♪]

you. bill: sweeping changes to the s.a.t., th the scholastic aptite test. the essay will be optional and obscure vocabulary words will reflect more relevant words. the students will begin taking that s.a.t. in the springs of 2014. martha: it's the biggest racket in the world. they have tutors.

kids who don't have that advantage and take the practice test that costs a lot of money, they are at a disadvantage. more and more universities say they are becoming test optional because they now it's not a measure of how successful kids will be in college. people like me with another kid coming up the next few years are going to have to buy the books all over again to figure out what's going on. crazy. crimea is at the center of this ongoing political conflict between ukraine and russia. this was the scene when armed soldiers stormed the region seizing local airports. it's much quieter, an eerie calm

has settled over the area. subtle changes starting to appear. our own shepard smith is there with more. >> reporter: we arrive at the airport midday. everything seems normal. nobody asking you questions and nobody staring you down in a strange way. but then over here at this gate out of the airport, a man who professes to be a local from sevastopol who is volunteering with volunteer equipment with things that belong to himself. see the brand-new scotch tape on the fence post holding up what is a brand-new russian flag. the changes are not subtle. they are not in any way oppressive, but they are here. >> i saw soldiers for the first time in my life and i was scared. >> reporter: this woman grew up here. last week when the russians arrived she was frightened.

>> i thought it was the beginning of maybe war between ukraine and russia. because we know that russia wants to take the crimea. >> reporter: we move to an area close to the center of sevastopol. a major rail station. transportation hub with bus lines. all of this built by the soviets. still feels very soviet times except for a few new sidewalks that have been installed in recent years. there is a statue of lenin in the park that is somewhat controversial. you don't see russian troops. this is a ukrainian naval station. you can see the ukrainian flag on the top. the man to the right is waving

and crimean flag. the russians have taken over and have told the crimeans to surrender their weapons. these are their wives and family who want to bring them food but they are not allowed any contact. there is still tension, but it's much quieter than in recent days. martha: later today shepard will join us for a deeper look at the crisis in ukraine. shepard will be reporting at 3:00 eastern. bill: jack keane is coming up in 0 minutes on this, too. shocking allegations about the obamacare exchange. $300 million has been spent and not a single person has been able to sign up without assistance. martha: this story surfacing this morning.

she vanished almost three years ago without a trace. we did this story on america's newsroom. now there is news in the arrest of the disappearance of student holly lobo. >> the biggest question we have is where's holly and it's been answered. we may not know her exact whereabouts. but we know she is in heaven. captain obvious: i'm in a hotel.

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♪ bill: an arrest has been made in the murder of a nursing student last seen two years ago. holly bobo disappeared near her home in tennessee. this man zachary adams has been charged with murder and kidnapping. what led police to this suspect? >> reporter: 29-year-old zachary adams had already been arrested by police in connection with an unrelated aggravated assault case last friday. last week they had also searched his home in this rural community in western tennessee of his home located 15 miles from holly bobo's home where the nursing student was last seen. her brother said he saw her being led into the woods by a man in hunting clothes.

authorities have not said what they found in the search of his home. >> thousands upon thousands of law enforcement man hours have been dedicated to this investigation. we are dedicated into suring justice is done. >> reporter: authorities say they are confident they can prove bobo was take enforcably from her home and if they get a conviction against adams they will consider pursuing the death penalty. bill: who is this man? >> reporter: zach adams had a long history of the run-ins in the law. he reportedly had multiple drug charges and also an assault on his own mother when he was only 19 years old. last week he was accused of assaulting the sister of his girl friend and now a grand jury indicted him on charges of kidnapping and murder in connection with holly bobo's disappearance.

also adams' facebook page indicates that he likes the book county turner diaries" which law enforcement officials and civil rights watchdog say is a favorite among white supremacy groups and militias. martha: obamacare investigation is set to get underway from d.c. but this time it will be on oregon's exchange debacle. they will try to find out exactly how oregon spent the $300 million they got in federal grants since not one single person has been able to fully enroll using the state's website. at least some of that money went to fund this memorable obamacare ad campaign. remember this one?

[♪] we love that song. we played it over and over. doug schoen joins us now. former adviser to bill clinton. and monica crowley. so there is your $303 million on the ad. $1 hi left. what do they do with $304 million? they haven't signed up one person successfully by the website alone. >> the website is pretty much inoperative so people cannot sign up. there are allegations of fraud. but what's interests being the request for this particular investigation, not just oregon but other states as well. maryland, massachusetts, minnesota, hawaii. but oregon stands out as the worst of them all. both democrat senators of oregon have requested this as well.

this is a bipartisan request into where all this federal money went for a non-operating website. martha: we are talking about in this example. but there are several other states that have exchanges that have gone horribly. there are a few that are good. new york, kentucky, rhode island. they seem to be handling theirs well. >> i'm not somebody who wants to fully repeal obamacare. but i do think we need to fix it. it means you have to ask hard questions about what's work and what's not. and bluntly where did all the money go? there are some sites that are working well. we need to praise them and enhance them. con set up its own state consulting business to help other states affectively implement the aca. but bought come line, where did the money go, that question has to be answered. martha: it's unbelievable.

you look at our debt. we have one set of problems with people who lost their health insurance. but then you have got this other side that looks like hundreds of millions of dollars is wasted. can the federal government say, oregon, you owe us $304 million? >> they want to know if they can reclaim the federal fund that went into oregon and these other states that have nonfunctioning exchanges. i think if federal tax fund got sunk into something that had fraud involved, they should get their money back. martha: we'll talk to peter roskam in the next hour who is looking for and i i.g. investigation into this. in other other sort of business relationship. if i lent you $300 million and i expect to you pay me back with interest. interest would be a successful program. i am going to want to see how it's going. i want you to tell me when

imgoing to get my money back, how you are spending the money. why is the government so messed up with this? >> i have been a contractor to businesses and private industry. government is tougher to work with than private industry. but not with anding that. when i heard the contractors being interest viewed back in january, which was upset what they were doing was basically trying to manage relationships with payment officers rather than provide real services to government. and bottom line, if you are a contractor to government, you have a higher responsibility which it was clearly absent here. >> in the case of the federal website healthcare.gov, the contractor got rewarded with additional government contracts. this is the problem with government as a whole. there is no accountability. when you say how is it not run like a business. businesses have a profit motive.

if they don't run their operations efficiently and streamline their costs and run it well, then they go out of business. there is no such motivation for business. martha: you say here is $80 million. how' do you need to start the website. if you do well with that money and you need to expand come back. >> none of the sites whether it be oregon or the main federal site were effectively when a tested before they went live. that's outrageous. martha: who operates this way. it's unbelievable. bill: we are wondering, too. is your you mind changing on obamacare? is it getting better or getting worse? simple question. you can fair away on twitter. we'll share some of your thoughts on that. are diplomatic efforts to end the crisis in ukraine failing in

we look at the latest military steps and what else the government here can do to keep russia in check. martha: chilling new details about a manner who drove her minivan packed with her children into the atlantic ocean. what she is telling investigators. >> we got to the land and we saw a kid sitting on the mother's lap trying to pull the steering wheel out of her hand. the kid in the back was screaming help us, help us, our mom is trying to kill us.

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hail. >> the defense department is pursuing measures to support our allies including stepping up joint training in poland. it's an area i visited a few weeks ago, and augmenting our participation in the air mission on the baltic peninsula. bill: general jack kinds a form p -- is a retired general and a fox news analyst. what do you think of this move to send fighter jets to europe. >> it's largely i am bollic. but these countries, who have tieties to russia. there is an employed threat to them given what access took place in crimea. this is about nato and its

resolve. it's attempting to demonstrate it has the will and resolve to deal with the soviet union. this is the alliance that stood up against the off yet union and prepared to fight it for all those years and eventually collapsed. there has been questions about their resolve. nato shouldn't be taken lightly. there are 400 million people under arms. that's not counting the united states. with the united states it's over 5 million. and the fact of the matter is the russians have 1 million under arms. so at some point capabilities, quantities matter. but military strength can be used to reinforce diplomacy. bill: you say there are three goals in dealing with russia and putin. it's retribution for going in the first place. you want to deter russia from further expansion in the

ukraine, can you do any of those in the short term? >> i think so. and hopefully the congress is going to help with that. first and foremost i do believe we should suspend their participation in these international forum, specifically the g8 and the g20 until their behavior changes. that's not decisive in itself. and it does matter to russia. they are concerned about their prestige on the world stage. then clearly there should be a number of economic sanctions and restrictions that are imposed on them to deter them from going further. it looks like at least based on what we are seeing in open sources, there are not preparations to go into eastern ukraine. and they are not reinforcing crimea. so there is i think potential here for diplomacy to work. bill: there are three big ideas here. our saying is putin at the

moment has not shown an inclination to take more of ukraine or go deeper into that part of the country. >> as of right now. that's the case. we don't know what's in his mind. bill: i want to go through this and keep it simple what is the possibility of taking 13,000 to 16,000 russian troops out of crimea. based on what i see they are essentially station thrtd ao -- stationed there at the naval post. >> that's right. yanukovych was run out of power because he would not recognize the will of the people in moving closer to a european integration. and he fired on those people and was whirling to kill them -- and was willing to kill them. their resolve was -- was stiffened and that brought down this government. that's what triggered putin's response. there is an anti-russian government for sure.

if we can get that government to reconcile with the block in the ukraine that's close to russia we may be able to move forward diplomatically. bill: that relationship goes back hundreds of years between moscow and kiev, too. thank you for your time. we'll talk to you later in the week. martha: a fox news alert. we are waiting for justin bieber's arrival in a miami courtroom. a look at the stakeout position as they get ready to welcome young mr. bieber. bill: some kids busted smoking pot in school and they were in the third grade. reaction from parents and. >> of the student, too. >> to be in the third grade and have their own pipe. [ male announcer ] nearly 7 million clients.

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bill: breaking news on the biebs. he's back in miami for a deposition. it could last for hours. here is the allegation. a photographer is suing the pop star and one of his bodyguards for battery and negligence. the photographer claims that he was assaulted by one of bieber's bodyguards on the singer's orders outside of a recording studio in miami in june of 2013. the biebs is back in miami. this has nothing to do with what occurred a month ago when the on nations of street racing with his father were leveled against him. the deposition starts 10:00 a.m. eastern time. it could last a while. we'll keep an eye on the biebs in miami today. martha: in third grade when many kid are thinking about snack time. police in northern california

say a group of third graders got busted for smoking pot in the bathroom at school. william, what happened? >> reporter: because this is a medical marijuana state, pot is easy to obtain, man some northern california cities people grow pot like your neighbors grow tomatoes. so getting pot is easy. but when an 8 and 9-year-old is caught smoking pot. three third graders were in the bathroom around 11:00 in the morning when another student caught them, told the teacher who called police who seized the pot and then released the suspects to their parents. >> we saw the three kid get taken out of the bathroom but that was all we saw. >> it was bad because they were little kids and it shouldn't happen.

>> reporter: he said they did not appearing to under the influence because they had no smoking experiencing. they say the pot came from multiple sources including maybe their parents. martha: what happens to these suspects william? >> reporter: the superintendent would not discuss discipline. but sonora is a zero tolerance school. this is tuolumne county. north of san francisco. they could be expelled which is what some parents want. >> to be in third grade and have their own pipe? >> what do you think should be done? >> i think they should be expelled and they should follow it further to where they found it. >> reporter: 20% of high school sophomores and 25% of seniors are using pot.

use is up among teens but the perception of harm is the lowest levels in decade, but they said a le sent use is dangerous because the neurological danger can persist even when the kids stop. the cop says this is the youngest he busted a pot smoker so far. martha: start with talking to mom and dad. bill: the neighbors across the street, too, perhaps. new polling numbers showing the president's approval rating hitting a record low. the story behind that number and why americans are so unhappy with the white house.

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president obama's approval rating keeps sinking and now it is hitting a brand new low. i am martha maccallum. >> and i will bill. a big majority of americans

giving a thumbs down saying his administration has failed in several ways. >> fewer than 4-10 voters, 38%, approve of the jobs that president obama is doing. 54% disapprove. joining by brett bear, anchor of special report. these are tough numbers for the white house. >> very tough numbers. a lot of people ask us the internals of the polls and when people in this particular poll were asked what do you consider yourself, this isn't edge registration, 40% democratics,

36 republicans and the rest are independents. this is a really low approval rating. the last time the president saw an uptick was back in november of 2012. since then it has been a decline and this the lowest in the fox news poll at 38%. >> this one is about foreign policy: president obama on foreign policy 33%, lower number there, approve. december was 39. 52% up to 56% disproval on foreign policy. there has been a lot going on around the world that people are using that to base on. >> this tracks with the gallop

poll about whether countries respect america. there are a number of questions that go in that realm. it seems like america's image, around the world is taking a real hit on the a number of fronts. it obviously isn't just ukraine, but how the nsa situation has damaged relations with countries around the globe. how the handling of syria and the red line has handled relations with the middle east. on a number of fronts, i think americans are seeing this administration isn't strong on that front. >> it is interesting because we went back and looked at the statements the president made exactly about that topic becauseing one of this campaign promises was he was going time

prove the relationships around the world. it looks like the opposite happen happened. >> there was a glow period where his approval ratings were very high. and right after the reelection, they went up again. but since then, both on domestic issues and foreign policy, they never had rebounded. and you remember that speech before 2008 in berlin when he was talking about improving relations with the world. that has not happened. i mean, mitch mcconnell, the senate minority leader, gave a speech and i am paraphrasing and he said name a country where relations with the united states are better. >> interesting point. brett, thank you very much.

we'll look forward to seeing you tonight. the parliament in crimea has voted in favor of leaving ukraine and becoming a part of russia. that is setting up a referendum vote in ten days. the prime minister is speaking out calling this not legit. shepherd crane is live. >> reporter: the developments are moving fast. here is what we just found out. two questions will be in the parliament vote coming up: one, do you wish to reunite with russ russia. two, do you want to regatain th status of being ukraine. so that means state property and all of the crimea peninsula

would be adopted and the ukraine military personal would be asked to lay down their arms or join the military or lay down their weapons and leave the area. the prime minister is calling this not legit >> what is up with the global security? are we goes crazy? is this acceptable that in the 21st century, with no legal ground or reason, one country, which poses a nuclear weapon, just decides in a snapshot to invade another. >> reporter: the prime minister said his troops will fight. he realizes his military isn't

as strong and that russia is a nuclear power and they are not. but he said because of the revolution that happened in the square behind me, they will fight. there is a freeze on assets of people who help impes the democracy of ukraine. visas are blocked for people who are in combat, or violence forward. he is not specific about what persons visas would be block. accusations are flowing, penalties have been nounced and we are expecting to hear more from the european union and white house. >> one question, shepherd, you get the sense people in kiev are wonding what to do next.

what do they expect us to do? >> reporter: they have not said they want to united states to do anything. this is a european matter. they are hoping for more support from the european union but they are not getting it. germany has many ties to the gas in the area so they are reluctant to participate. where is the leverage is the question? russia's economy could be crippled, but is the west willing to take that on? thanks, shepherd and see you in five hours live from kiev. meanwhile, there are new questions about the timing of russia's invasion.

vladimer putin is sending forces in days after chuck hagel announced planned cuts to our nation's military. jennifer griffin is life. isn't it risky to talk about defense budget cuts with regard to russia and ukraine? >> reporter: absolutely. but these budget hearings have been scheduled for a time and the cuts are not new. there has been talk of sequestration for years. >> the whitehouse is making it clear defense isn't a priority in the budget. and no one will argue the hard choices have to be made, the president want it both ways with this budget request and defense strategy. it is delivering false promises. >> reporter: many on capital hill pointed out the timing

couldn't be worse with russia sending 6,000 troops into crimea. >> you are coming over here with a budget that we agree on the numbers, at least, at a time when the world is probably more unsettled than it has been since the end of world war ii. the invasion of crimea, geneva to collapse, the rand negotiation stalled. >> reporter: the army is set to be cut to 440,000 troop and that is the lowest level since the start of world war i. they will testify about the cuts and the impact on the military

later. a russian anchor telling her bosses there good bye. >> i am lucky to have grown up here in the united states. i am the daughter of a veteran. my partner is a position at a military base where he sees the first-hand accounts of the ultimate prices people pay for this country. and that is why personally kwlk i cannot be part of a network that is whitewashing the actions of putin. >> the second time in three days that someone on that station as criticized putin. the first women they said we will send you to crimea and they said you can see what you think and get back to us.

>> they have been down the road again and they don't want to be any part of it. courageous move. there is relief and appreciation after senators vote down a controversial nominee by obama and this man defended a cop killer >> he is not the man for this position. so, i just have gratitude for the senators that were brave enough to vote and do the right thing. >> lauren faulkner has fought this so hard on behalf of her husband daniel. we will talk to her about the rejection of this doj >> and an investigator trying to track down the money to fund obamacare. plus this -- >> the "cosmos" is all that is

or ever was or ever will be. >> that is great. "cosmos" is coming back with a big bang. the names 1980 movie is getting a reboot. we will take a closer look. stick around.

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mentioned this 20 years a o ago -- minutes ago -- justin beiber is wanted by a photographer for allegations he ordered his body guard to push the security guard in june of 2013. we were told 10 eastern time. everybody is waiting for this. it is like a half-oj. we will let you know what happens with bieber in a moment. >> there are growing calls to

follow the money on obamacare. a top republican lawmaker is going to release a bill that is aimed at keeping track of $1.8 trillion taxpayer dollars. the congressman introducing this is peter roskam and he is the chief deputy whip. i think a lot of people would listen to that and wonder why no body thought of this before you. >> reporter: special inspector generals are important. we have had them for afghanistan, iraq, and we have had them for tarp -- toxic asset recovery program -- and they have saved billions of dollars. it begs the question if you have a program that is costing $1.8 trillion why wouldn't you put the same oversight?

particularly in an administration that is not forthcoming. the american public has a right to know all of the facts >> who is keeping track of where the money is going currently? >> no body. obamacare goes across federal agencies and commissions and no one is tracked with tracking the entire program. you have a special inspector general for hhs and other different agencies, but no one is looking at the entire program. and we are saying you need one person, one entity that has the job to garth ter data and repor it to the people. if they find out someone isn't

anything forthcoming, they have to release that. they have to disclose the fact you are not going to disclose that. it is high time we get to the bottom of this. the administration is making decision based on their political agenda and enough is enough. >> i think it is shocking when you think about the fact that a lot of people are loosing health insurance or their premiums are higher so they are paying more in that regard. now they have to pay for the messy system that put it into place because no one is keeping track of the money. oregon got $314 million to create a website that allows people to connect with each other. i don't think why that cost $314 million. >> i am from chicago and that is

an old fashion hustle. $300 million that is benefiting no one in oregon or in the united states. $300 million in the context of $1.8 trillion is a small proportion, but it is a huge amount of money. these are worked in afghanistan on a bipartisan bases. >> we have the numbers about what what spent in the attorney general reviews in the prior examples you gave. there is a look at afghanistan. and you can see the numbers there. all of these cases are oversight and the administration was in favor of it. so it is surprising there is not

accountability. why would they want the money to disappear? >> that is probably another story. but, president obama in the united states senate was voting in favor of special inspector generals for other elements that were smaller and embraced on a bipartisan support. >> what is the reaction to this? >> we are breaking the story with you and i hope it will have bipartisan support but i am not holding my breath. i think the administration that isn't forthcoming might be against this buchlt -- but this is doing what other programs have done and applying to it a

program that is needed. why purdue university removed the word god from a plack and put it back in. >> and secretary of state meeting face to face with with the prime minister of russia. no agreement between washington and moscow. will diplomacy work? >> russia made a choice. and we have clearly stated that we believe it is the wrong choice. that is the choice to move troops into crimea. russia can now chose to de-escalate this situation. de-escalate this situation.

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a donation is sparking controversy at pure purdue after a donor donating a plack with the word god in. the school removed the word and he sued. they have put the word back in. a number of updates from ukraine. good day to your contributer. this is what the soviet union looked like. all of these satellite countries now are in their own orbit. here is ukraine. here is crimea right here. and just to the east and

southeast is georgia right where the olympics were. five years ago, the russian army went into georgia and the standoff went into several days before the russian military pulled out. this is the area. and sochi is up to the north and west of the black sea. now we are coming to 2013. and this is crimea, where the parliament is going to hold a referendum on whether or not this should be a part of russia and not kiev and the rest of ukraine. what does putin want based on his history? >> i think you have to say he has what why wants: effective control over crimea which he

regards always being in russian orbit. in 1954, the soviet leader gave it to ukraine, but it was an administrative thing. it has been a part of the functioning system of russia. when this referendum it will be formalized and ukraine will shift under russian control. >> you believe that is what happens here? >> i do. >> there was a 90-minute phone call between president obama and vladimer putin. that is a long conversation. is it possible the leaders showed their own hand and gave one another a good idea about what was going to unfold? >> i think that is probably true. what we have been told by the american and russian sides were

both leaders looked at one another and saw the clash, and itemized what the issues were going to do. i believe the president has layed out a set of objectives and the final seeing that crimea remains part of ukraine isn't going to happen in my judgmenju. you are left with economic, diplomatic, and small scale military operations that indicate to putin and the russian this is going to be a heavy price you will pay. you will end up with crimea but you will pay a price economically and there are indicators people within russia are raising objections and putin indicated he hopes that this

doesn't mean terrible things on both sides. he is aware of what is going on, but as a russian nationalist this is his objective. thewide widow of a murdered police officer is speaking out of after the killer was nominatd for a high position. we will speak with her >> and "cosmos" is coming back. we have a preview in a moment. [ telephone rings ] [ shirley ] edward jones. [ male annncer ] with nearly 7 million investors... oh hey, neill, how are you? [ male announcer ...you'd expect us to have a highly skilled call center. kevin, neill holley's on line one. ok, great. [ male announcer ] and we do. it's how edward jones makes sense of investing.

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>> i am doing okay. i believe that justice has been served here because debo adegbile wasn't elected to be put into the department of justice. he is not the man. i did research about him. extensive research. and my husband, 27 years after the case. >> you took upon yourself the ultimate personal mission. you went out and contacted police unions all across the country, you telephoned united states senators day after day to win their vote. you did this.

how? >> i did it because i believed in my heart that debo adegbile wasn't the person for the job. he was there boss. he flew to paris and these two women from the doj saw the street being unveiled and said it was an honor to defend this

man and everyone in the department of justice felt the same way. that is when i realized this isn't the man. >> 47-52. what would your husband think about what i did? >> i think my husband would have felt -- my husband was a true believer of justice and what is right and wrong in the world. i think he would be proud that debo adegbile didn't get in. >> i think you can say mission accomplished. thank you, maureen fauklner. >> brave women. seven democrats broke ranks and voted against president obama's

nomination in the case. and that has people wondering if they can jump the ship on other issues to come. tell us about the vote. >> there was an intense lobbying effort including the reports that the president was making calls to appeal to administration. they had biden there to be a tie-breaker if necessary. harry reid warned the whitehouse they may not have the vote. seven democrats and plus harry reid who voted no for procedureal reasons deflected and are unwilling to carry the water on this controversial reaction. >> they disstorted his name and

blocked him. the republicans want fewer voting people and don't want people to vote. and they especially don't want poor people to vote. >> in the end, we voted no. as voting with the winning side, the prevailing side, he can bring it back up. this may mean this isn't over. >> it is fascinating what you are saying. if the president was making phone calls to the senators and maureen fauklner was making them on her side, it was maureen fauklner against president obama in trying to sway the votes and how is the administration reacting? >> you saw the whitehouse calling this a travesty. they are not happy about how it went down. senior officials are quote furious about this and the president is deeply disappointed.

he was getting the warnings people may not be on the line. the senate has been on a roll where they changed the rules so nominees like this need 50 votes to win. here is mitch mcconnell on that point: >> part of the reason for lowering the threshhold is so the president can send up anybody he wants to. there was a temptation to sent this nominee up, but he was too difficult for seven democrats to swallow even. >> no votes there at the same time many are struggling to explain support for obamacare back home. we will watch and see if there is more deflection on those >> mary landue is getting heat

on her vote. thousands of parents outraged over a move. >> why target us? why target us? >> i beg and i pray and i ask please don't do this. >> their fight may not be over. the battle to keep the schools open as the protesters demand to be heard -- a lot of them: >> and $800 on a couple girl scout cookies? a glitch that has a man mad. >> i was helping the girl scouts. and now i am having to go to court over and over and pay filing fees and answer legal questio question identify no paz business answering.

no paz business answering. no paz business answering. h no paz business answering. a no paz business answering. v no paz business answering. e no paz business answering.

a few boxes of girl scout

cookies cost a man $800. it happened after bright writing a $42 check that didn't clear. he got a letter from a collection agency and he is still fighting >> they are hoping you will not show up for court or fight it. >> out to colorado, they say when a check is reported bad, it goes to a collection agency. >> how many dozy dos can you by for that? >> they are expensive, but not a lot there. >> really important story: a major battle that is unfolding right now in new york and it really does impact issues across the country. thousands of protesters poured into the state capital after the

new york city mayor withdrew approval for three successful charter schools in new york city. the former mayor should have never allowed these charter schools to take over the public school space in the city. >> we said from the beginning we were going to give a hard look. we found ones we cannot abide by and took action. >> many of the protesters are outraged and worried their children is going to be forced out of the good schools >> we are failing schools across the city. why target us? >> i brought my son here in third grade because i wanted more for him. how dare you take that away from him >> i beg, and i pray, and i ask the mayor please don't do this. >> incredible. michael graham here and ebony

williams who is an attorney and political analyst. so the mayor previously signed off on three charter schools from a network and kids are clamoring to get in and they have children on the wait list and parents like those you saw who hoped their kid could get a spot. let's pay a sound byte by a boy who attends. >> it is almost like a game and you learn things you don't know. if you want to be the smartest person in town, you have to practice doing numbers and math. >> what do you think, ebony? >> the mayor is just wrong on this issue. he ran on a platform of preparing every student for

success and he should embrace charer schools and magnet schools and traditional public schools. i reject the motion you have to undermine the progress of the ch charter schools. until the schools are beyond a 29% college readiness rate it is unfair >> why is me doing this? >> the people at the political tower find the charter tools unpopular. the mayor is taking a look at this because in the primary me wanted to teacher's unions on board and they hate anything that connects to performance of

the temperatur the teachers. one of the schools has the highest math scores into the state. how can you say it is good to shut that down? but it your goal is to keep the money flowing in and the crappy learning flowing out you oppose them. >> is this about the teachers and uniounions or these childre? this is the actual group that he is not allowing. 82% passed the math state exam. in the math state exam, 30% in new york city public schools passed. let's look at the english schools where 58% passed.

in new york city public schools 26% passed. why wouldn't you look and say let's copy what they are doing so more children can do well. >> that seems like a no-brainer. i am a product of public school and a great magnet school i was privileged to go to. but we want the teachers, and we care about them to the extent they are affected in the classroom and i don't know this push to undermine these successful programs. these teachers are being paid more. >> they are essentially public schools, the charter schools, because they are public school funded and the teachers get 13 weeks training per year on top of the teaching they are doing.

it is something to watch across the nation. jenna lee, "happening now" rolling your way in ten minutes. >> changes on health care, and the president is hitting low approval ratings and what that means for the parties ahead of the mid-term elections. and we have carl rove here and new research suggesting that fat can seep into your brain. so gross. we are going to get into that. >> oh, really? revealing the mysteries of the universe. >> we know we are approaching the grandest of mysteries. >> a poplar series is back on fox and we are going where we

have never been before.

>> let's go back to the big bang. >> "cosmos" is returning with a big bang thanks to the family guy creator. viewers go on a journey of 13 shows >> they are representing my

childhood bible now. and my signed ticket stub from seeing him live. what is is really cool about this, i think, is the technology we have to take the viewers into it is extrodinary. much greater than it was before. >> right. it is a bit of old and new. his widow is a co-creator and co-writer. but the level of visual iimaginations you can put into a show is worlds apart from where it was in 1980. so being able to get around dark energy and matter and things we didn't know that existed over time. a lot changed. and carl sagin is responsible for that.

>> if you ever had the delight of meeting tyson. he is a magnetic guy and persuasive and when you spend time with him you think why wouldn't everyone be like that? >> this will be broadcast on nine different channels within the fox family. >> if i can put in a plug, discover is doing a google hangup and there is going to be a commentary you can go to hear about it. great to you see.

we are back in the moment.

>> nice to see you today. >> you too. "happening now" starts right now. jon: today's top headlines. jenna: the white house rewriting a whole bunch of rules on obamacare saying it wants to move early to address concerns about the law. why critics call the move a political ploy. a new fox poll shows a presence approval rating hitting an all-time low. and olympic track star oscar pistorius as a witness describes the shooting scene. graphic an emotional testimony. a report from somebody inside the courtroom, it is all