here's what you need after's hard work out. the vance beverage has post work out beer. >> 75 calories and low alcohol. they hope to release it this year. >> why not? i have to work out first. >> thank you for joining us. thank you, guys. there are major new developments in the disappearance of the jet liner. the associated press reported that the radar data indicates that the plane changed course and made it to the strait off western malaisia and hundreds of miles from the last known position and closer to the origination point. it was supposed to be heading to/beijing when it vanished with

239 people on board. we'll talk to an aviation attorney and representing families of airline crashes for 25 years. he's on deck to talk about the latest. fox news alertment polls are open in florida in a significant race of the year. welcome to hq. i am bill hemmer. >> i am alisyn camerota. the race is a rer ferundum on obama care. and a sign of whoo the midterms may bring. hi, john. >> reporter: this is why the race is so important. this area was represented by a republican bill young for 43 years and now the fight is on to see if the republicans can hold it and the first big test in the congressional election of how powerful of an issue obama care really is. david jolly and many outside groups dumped millions in

advertising here and pounding the democrat a lec sync over the obama care. she was getting out to rally the troops on the eve of the election, i asked her if she saw it as a referundum on obama care? >> i really don't. when i am out and about i hear a number of issues like protecting social security and medicare. they are frustrated with washington and believe that washington is not working for them. >> and now the republican david jolly said the opposite. not only is it referundum on obama care but the obama administration and he predicts big things for the republicans in november if he pulls out a win today. >> if i win the race tomorrow, there is no question that republicans hold the house in november and i think it means we take the senate and it means

that the national sentiment is so exhausted by this president and his party's view of government and frankly the recent failings of his administration, it is time for a change. >> reporter: we are getting an indication of where the race lies lawyer. 125,000 mail in votes and the advantage goes to the republicans, slightly more votes than cast for the democratic side. couple of big questions. how much cross over will there be? and how many votes will the libertarian candidate draw from both sides. we'll not find out the numbers until 7 o'clock tonight. it is early indication that what is happening today is not impacting that much of the election. according to the super visor of elections today, two opinion six percent of eligible voters cast

ballots as of 10 o'clock. at this precinct there was only four people coming all day so far. florida voters love to send in early voting. >> that's fascinating. thank you, john roberts. and how could this affect the over all gop game plan. we'll ask karl rove who is a former senior advisor and deputy chief of staff to president george bush. great to see you. we should let everyone know you are involved with american cross roads and have spent half million trying to get david jolly elected and to have alex singh lose. why do you feel it is an important election? >> somebody once said special elections are special because well, they are special. they don'ts inially determine

what the fall is going to it look like. the democrats won three of four of the special congressional elections before the 2010 election and then got wiped out. look, it is an interesting opportunity for both parties to test their messages and themes and test their organization and every seat matters in the united states house of representatives. >> beyondna, carl. they think it is a referundum on obama care, do you agree? >> remember though, yes and no. yes, it is a chance for people to express themselves on obama care. however the democrat was not there and voting for obama care. it is difficult more for the senator of lewisville and north carolina to escape responsibility for obama care because they voted for. it mrs. singh is proven elusive

of how she would fix. it she said i have not voted for it and i am open to making changes for it. >> if she wins today, is it that tell you that obama care will not be as big of an issue in the mud terms. i know you say she didn't vote for it and she didn't think it was a referundum on obama care, but her opponent david jolly, thinks that it is. >> well, it points to the success that democrats might have if they distance themselves from president obama as much as she has done. it would be bad news for the democrats that voted for. it they don't have the ability and she said i was not there and don't hold me responsible. i will go and fix it. something that john roberts said. it is important. he mentioned 125,000 people cast an absentee ballot. that is 27 percent of the

electorate. two percent over all have voted today. that might be 4 or 5 percent of the electorate. we'll get a quick indication of how it will go. so many of the votes, are going to have been cast early. as of late last week, 113,000 votes were received and catalogged by the election authority. 48,000 were republicans and 43,000 for democrats and the balance were people who declined to state. republicans are getting 42 percent of the vote. and democrats 38 percent and friday it was bigger. republicans, 3200 ballots arrived and 53 percent for republicans and 29 percent for democrats, that means fwe get to right now, the republicans have an advantage of early vote of 4600 votes.

if there are 125,000 and the republicans get 43 and the democrats get 38. it will be a 56 vote margin for the republicans and if you have a low election day turn out, that will be hard for the democrats to overcome between election day turn outs and winning the lion's share of the independent and state vote. >> interesting. all right all political eyes on florida as we watched the votes coming n. thank you for doing the math. >> thank you, you bet. economic team of the white house said american recovery is gaining strength and should grow more next year. what does charles think of that from the fox business network. >> i am doing good. >> are they on to something, things are getting better? >> from a low base. you know, if you put it in elementary terms. if i have a quarter in my pocket

and i found another quarter i doubled my net worth. it is not a lot. the average person watching the show will not feel the increase in gdp because real wages are going down and millions dropping down out of the job market. electric bills are at an all- time high. and the dispair that lingers over the country. we'll get better but compared to what? >> it is irrelevant. come on. and white house said unemployment will average 6.9 percent this year. >> by the end of 2015, charles it will be at 6.4 percent. and how is that for a recovery? >> it is not a good recovery. if we added in all of the 6 million people that quit because we have created a dropout nation. you let them back in and the real unemployment rate is 9 or

10 percent. and the average person knows that and that's why the economy is not getting traction. people have to spend money and groceries and milk are going up and it is one of these things. the white house worked so hard and diligently and lowering the bar of expectations and expected us and not only want meddor critty and it worked in the beginning of the recovery period. but you could argue that this is the worst recovery. >> they also argue that the third straight year private employment rose by 2 million jobs. what does that do for us, charles? >> that is an amazing american den din. people create the facebook and twitters of the world and we have an amazing dna of our country and a country that is living substantially below where it should be.

first five years of the reagan recovery it was gdf over four percent. and president obama's recovery is one gdp. we are underperforming in the nation because of taxes too high and rhetoric too harsh and higher min um wage. >> sounding the call for help on social media. this woman was abandoned as a new born in the back room of a fast-food restaurant. she is trying to find her biological mother and tell us why and why she is ready to meet her mom now. >> former irs official lois lerner may have taken the fifth. are newly released e-mails changing the game entirely? >> and new 911 calls and capturing the terrifying moments and a neighborhood

forever. >> 911, where is your emergency. >> there is a fire. >> workers are screaming. >> my roof caved in and the whole house shook. it is brought down. and the ceiling is all hanging. i don't know what to do.

listen to the newly released 911 calls after a deadly gas explosion one week ago and included a disabled woman who needed help getting out of her home. >> calm down and take a deep breathe with me. just calm down, please. i will have them come out there. >> one person died in the

explosion and several more were hurt and 50 homes were damaged. the contractor was doing electrical work and the crew struck a gas line. >> my counsel advised me i have not waived my constitutional rights under the fifth amendment and on his advice i will decloin to answer questions on the subject hearing. >> you will not tell us who will fix the problem. >> on advice of my counsel i respectfully decline. >> lois lerner refusing to ask questions from congress about the targeting scandal. there are new e-mails that she may face contempt charges. jay sekelow. welcome back here to hq, the e-mails, you have seen them and what do they tell us?

>> the most troubling aspect of the e-mails, they clearly lois lerner was cognizant of the increased scrutiny may result in litigation and it has. she slow tracked the approval process because of the concern of litigation and it may challenge their ability to control political speech which is not in the irs's perview. but it tells you and gives you the insight of what she was thinking and the leadership of the irs was thinking as they intentionally tracked the naup profit applications and slowed them down because of the politics involved and that raises a host of the new questions which she will not answer unless held in contempt. when you look at the whole scope you know they were working on changing the rules two years before the plan became public and they were doing it off plan

and now the e-mails that set forth they knew they it were under a microscope and what may be civil litigation. off plan suggests we need to take it off line and talk face-to-face and without a e-mail track. the president said not a smidgeon of corruption. do the e-mails prove otherwise? prove otherwise? >> absolutely. you have a practice and pattern of activities now in writing that show both communication going between the irs and the sec that is inappropriate about citizens united and e-mails coming out with lois lerner and others higher up. that was the office i used to work in and they want it off.

and you have the targeted idea that they are facing real litigation over political speech and we need to be cognizant of this. you don't have to be a tax law specialist to understand that the irs was engaged in activities for silencing the particular view point. and the supreme court was unanimous. and the court doesn't tolerate. >> i have a minute to get through this, jay. >> the report suggest that she took steps to crack down on these groups, what specific steps did lois lerner take to carry that out? >> she pulled the file from the actual normal process that it goes through. and took it out of the normal process and put it in a special category that stopped the approvals, bill. that is the biggest. she had them freeze the

application process. that's when we started to realize there was a problem. >> the report said she misled congress about targeting and about her own conduct. you as an attorney trying to get to the bottom of all of this, what is more effective legally. do you hold her in contempt or is there another legal avenue that would extract the answers you are looking for? >> you can try a special prosecutor, but the reality you have to move forward with a contempt. she was interviewed by the department of justice and she was not under oath when she did the q and a with the department of justice. it was a special prosecutor or held in contempt. she is one of the que figures in this. and she had an agenda and that was to silence the groups and she was effective in doing this. and now she is caught and called

on the carpet. >> we'll see if they act on the ideas and jay sekelow out of tennessee. >> bill, terrifying moments on the ice. >> something is happening in the dallas bench. there is extreme situation at the dallas bench. stopped the game. >> that was a professional hockey player collapsing as teammates swarmed to his side. the game was brought to a halt and what went wrong. >> it was hell on earth. and big pay day and man. you are not believing what they are looking for for the rest of their lives. will the demand hold up in court however? >> and a new study out on hip and knee replacements, what does it say about america's health.

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to help reduce the risk of another one. if you've had a heart attack, be sure to talk to your doctor before you begin an aspirin regimen.

a new study about americans living with artificial joints is raising the question about the cost and quality as the population grow older. they are part of the two percent of americans with replacement joints. arthritis and obesity. and many baby bomers need them. the advance is phenomenal. >> and changing people's lives. >> we want to know what in your

life would you like to replace. >> could be anything and not medical per se. >> keep going. >> send me a tweet at bill hemmer. >> and to me at alisyn camerota, we'll read the best ones later in the program. >> a pro hockey player suddenly collapses in a game and bringing the play to a halt. casy stegal is live from dallas. >> reporter: yeah, ally, you don't so this happen awful. the player is in good condition cuddos to the doctor and medical staff that jumped in action and able to stabilize him at the scene before he was taken to the local hospital. didn't happen out on the ice. but rich peferly collapsed on the bench. when it happen his fellow players beat the sticks on the board to get the attention and

they spilled out on the ice midgame and a red alert was called and the blue jackets were leading 1- 0 and it was 30 minutes later, the game was going to have to be postponed and here is the dallas stars head coach, listen. >> if not for our doctors and fellow members react being so quickly and efficiently they did a fabulous job. >> reporter: he had undergone a procedure to correct a irregular heart boat. he had to miss a game last week. this is the miraculous part. when he was stabilized last night and loaded occupy the strepper.

coach, how much time is left in this period and he said the sign of a true athlete. he was up and talking obviously sxcht doing a whole lot better today. it was a scare last night. >> thank you. crisis averted. >> he is a big strong guy. >> scary. so the airline mist row deepening by the day and the search is shifting hundreds of miles and we'll explain why after this. >> it is my right to make a statement. they are ready to sign off. >> and critics raising a big stink when a barber takes a stand in weed- friendly colorado. >> is this an effective way to sell obama care? >> do you go to westbound sites

that are.comor.net or.goff. >> have you heard of healthcare.gov? >> okay, let's get. what did you come here to plug? . captain obvious: i'm in a hotel.

and a hotel is the perfect place to talk to you about hotels. all-you-can-eat is a hotel policy that allows you to eat all that you can. the hotel gym is short for gymnasium. the hotel pool is usually filled with water. and the best dot com for booking hotels, is hotels.com. it's on the internet, but you probably knew that. or maybe not, i don't really know you. bellman: welcome back, captain obvious. captain obvious: yes i am. all those words are spelled correctly. checking the head lines now. the prime minister of ukraine will meet with president obama in the white house tomorrow.

and they get a classified briefing anti- russian protestors took to the streets. voters elect to breakaway from ukraine in a referundum that happens on sunday. >> police shut down a major highway to try to catch a crook. >> a barber is banning customers who smell like marijuana. he has nothing against the pot but said he was getting complaints from parents and he will only serve people who don't smell like they are high. >> his rules. makes sense. >> i will cut your hair. but don't smell like weed. >> it is day four in the deepening mystery of the missing airline jet. as we report, reports say the malaisian military shoes that the plane changed course and

made it hundreds of miles past the last recorded position. the attorney who has represented families and passengers in aviation crisis. >> what do you make of the news that the military has radar for whatever reason the airline doesn't have radar that shoes that the plane was last seen hundreds of miles? >> the military has a different radar system that is not cop neglected to the civilian air traffic control. i think it is highly unlikely that the plane would deviate without communications and anybody seeing the aircraft. so that is unusual to say the least. >> you have dealt with this decades with families. what do you think happen? >> my best guess since we don't have information. it was an in flight catastrophic

failure. mechanical or electrical or structural failure. in my opinion it would have occurred in altitude and the pilots lost control and unable to communicate it. you are taught how to fly. first thing you aviate and navigate and communicate. that would be low on the list for a pilot dealing with an emergency. it is unlikely it would be any radar. >> can you help us to understand what is happening with the family? are they in a waiting room holding their breath and praying? >> typically what happens after the tragedies, and the most important part of dealing with the tragedy should be the families. they tend to congreate in one

location. they usually stay in a hotel and then once it is public the families are harassed and contacted by people and they don't have privacy. over time victim's groups and organizations and other groups come to the city and they can comfort and support one another which is an important part of the process. >> absolutely. thank you for being here and we sure pray that the families get answers today. thank you. thank you. >> we'll see if the latest developments pan out, to. >> there has to be evidence somewhere. nthree weeks to sign up. dead line for obama care and the white house getting a unusual approach. >> have you heard about the affordable care act. >> yes, it doesn't work. >> healthcare.gov works great now and millions of americans

have insurance plans and we want people to know that you can get affordable health care and most americans are not covered. and the truth is they can get coverage all for what it costs you to pay your cell phone bill. >> is that what they mean by drones? >> and that is a show called between two ferns. hosted by comic. it is a colmove by the president or a desperate measure? johnathon is a republican strategist and director of communication for the super pack american cross road and marjorie is a former consultant to the obama campaign. let me start with you. >> is this effective or silly? >> here's the problem. the white house set a goal of 37 percent of new enrollees to be young people. it is the threshold for the death spiral.

there is not enough money in the system. >> what about what the president is trying to reach people through comics like this? >> they had a video with pets and slow jamming the news and pr perspect you have. they are getting the message out, but the problem is not awareness. they are trying to sell a flawed product that no amount of awareness people will buy. people don't want to buy obama care. >> the question is, is it fun or foolish? >> oh, i think it is it fun. and there is not a period in the last year that there is not darkness going on somewhere. and if you can't get it throughout humor i am sorry. he discussed a spider bite on his arm with the president. and that's appealing to the audience of the 25 percent of the young audience and what they

did know about the group. they are last-minute and pushing on the comedy shoes and colbetter. >> does this sound desperate? >> i mean, i think there is a lot of urgency and a lot of need and humor works. >> fair answer. >> so let us show you a bit more of the clips between the president and zack. >> first question. in 2013, pardon the turkey. what do you have planned for 2014? do you send ambassador rodman or tonya harding. what is it like to be the last black president? >> seriously what is this the last time to talk to a president? >> it must stink that you can't run three times.

>> if i ran a third time it would be like a third hang over movie. it didn't work out well. >> johnathon? >> like i said. i chuckled and i felt the president's pitch of healthcare.gov was forced and they have misdiagnosed the problem. i imagine the public affairs campaign to go to digital television when they needed a converter box. we drove awareness up to 99 percent. and in the end they wanted the television they got the product. here i don't think people want the product. >> we did get jay carney talking about this and a tweet from the white house, saying they are getting the most referrals funny or die.com, that is where the skit and number one source of referrals to health care.gov right now.

>> we can discuss it on march 31st if they hit the 37 percent goal. marjorie last word? >> look at all of the ads on the super bowl that was used effectively. >> that's a wrap. thank you for the laughs. >> thank you, johnathon. >> johnathon is not laughing, did you notice that? >> meanwhile, it was the cruise from hell. thousands of passengers stranded for days until misery. wait until you hear the big pay day they want every month for the rest of their lives and do they have a case? >> it is a girl hours old was abandoned. >> she was left on the bathroom floor of the burger king. she is searching her biological

mother for answers. >> i go to a large room, a big convention and i think my brother or sister or mom can be here. all of the time. so ally bank has a raise your rate cd that wothat's correct.a rate. cause i'm really nervous about getting trapped. why's that? uh, mark? go get help! i have my reasons. look, you don't have to feel trapped with our raise your rate cd. if our rate on this cd goes up, yours can too. oh that sounds nice. don't feel trapped with the ally raise your rate cd. ally bank. your money needs an ally.

this is the creamy chicken corn chowder. i mean, look at it. so indulgent. did i tell you i am on the... [ both ] chicken pot pie diet! me too! [ male announcer ] so indulgent, you'll never believe they're light. 100-calorie progresso light soups. >> i. grepen carlsson. coming up. clash of the titans on capitol hill. a dop septemberor claps that the cia spied on congress while congress is investigating the cia. we have all of the breaking news for you. and do faith and politics mix. encouraging faith leaders to sign up on obama care. we'll debate. and a man falls down the mountain and lapds on another. and the daring rescue all caught on tape and the pilot who helped to save the man. all live at the top of the hour. >> we'll we'll see you then.

it was a cruise from hell that grapped international headlines. the carnival lost power and little food and water and toilets overflowing and sewage running down the hallway. >> is that ordeal worth $5,000 a month for life. that is what a group of passengers is demanding for life. how are you judge? you are on the bench in new jersey and hear the case do you take it or throw it out? >> throw it out. because the maratime laws and the agreement that the passengers signed before they got on the ship limits their damages to the return of the cost of the trip and any reasonable directly condition neglected medical expenses. >> obviously they say they have a case. >> there are lawyers trying to score a number for the clients and themselves.

i don't blame the lawyers. it is the way the law has changed in the country. and in order for them to break that contract. that's what we call and take it or leave it. you want to come on our boat sign the agreement. i will never have a problem and i will have memories and not miseries. >> the way to get the court to break the contract and allow them to ask for a jury to give them $5,000 that it was intentional or beyond negligence and grossly inappropriate that it ought to be corrected. >> can they do that? >> i don't know if they can show it. >> what would the grounds be? >> they would have to show a willful wanton disregard for human life that is inconceivable. >> and let me throw something at you. they had no electricity and limited water. >> we know all of that.

and that's not what they are showing, the showing is how was this caused. it happens on the boat every time the boat gets 200 miles. it happens. that would be an example of something to allow the court to break the contract. they were warned that the boat was doomed and if they didn't fix abc or d the toilet overflow. and from the documents they preponderated to the court so far it, they don't have anything lining this. >> how about this they suffered ptsb and anxiety and panic attacks. >> the test is what carnival knew before the boat left and not the harm that happen. >> it is in the fine print that saves the company. >> they will get something. they will get the fare and the fees and medical expenses that

are directly related to the illness they contracted. and some of them may get back wages and they were out sick and didn't get pay. but they will not get 5,000 a week or a month the courts don't do that. >> judge, great to see you. >> that is the last time i will be? >> i sense you will be at my house. >> tomato sauce, and you envoight hemmer. >> that's a a date. >> she was hours old when she was left in a bathroom. >> a mom herself and how the search to find her biological mother is taking the internet by a storm. i was going to the library to do my homework.

it took a lot of juggling to keep it all together. for some low-income families, having broadband internet is a faraway dream. so we created internet essentials, america's largest low-cost internet adoption program. having the internet at home means she has to go no further than the kitchen table to do her homework. now, more than one million americans have been connected at home. it makes it so much better to do homework, when you're at home. welcome to what's next. comcastnbcuniversal.

a pennsylvania woman wants help finding her birth mother and she's taken to facebook to do so. watch this. this is her back then on the left side of the screen when she was an infant, 1986. it's when her mother left her on the bathroom floor of a burger king in allentown, pennsylvania. nearly three decades later, that woman joins us now. kathryn, how are you? >> i'm wonderful, how are you? >> i'm doing well. your life story begins in a dramatic and tragic fashion where your mother, your birth mother, whoever that was, had you in the bathroom of a burger king and left you there. why do you want to find that woman today? >> i'd like to find her. it's very important to me to know my past medical history.

being an emt and having children of my own, they are common questions asked, what is your past medical history and i don't know. i'm not able to provide that information. it's very, very important to me and i would also like to see her and just say thank you and give her a hug, if she allows me, for not throwing me away. she left me in a warm, dry place for someone to find me and give me a life she couldn't provide for me. >> you were lucky enough to have that happen. you were adopted, you are an emt, married with children of your own. things have worked out. you always felt that void of wanting answers. you have taken to facebook. you posted a picture of yourself as a baby and a sign telling your life story. what has the response been? >> yeah, i held a picture up on facebook pleading, anyone that

knows anything about my birth mother. the response has been so overwhelming in a good way. so many people reaching out to me. i am overwhelmed with the true -- everyone is so kind that i'm talking to. of course you have a few people who are just blown away. unless you are adopted, i don't think you are going to understand. there's always a void of knowing where you came from that's important to me. >> i think everybody can understand that. if you mother is watching this program right now, and stranger things have happened, believe me, what do you want to say to her? >> i would like to say thank you. it's okay for her to come forward and to say who she is. there is no one looking to get you in trouble and actually, we did research, you cannot get in trouble. it's out of the time frame for

that. it is completely safe to come forward. i will find anything. i really, really want to meet you and, you know, learn about you and see what was so horrible back then as to why you had to give me up. >> that is an understandable request. we hope you find her and you can find kathryn on facebook, if you want to reach out and talk to her. thanks for sharing your story with us. >> you are a lovely lady. >> thank you, have a wonderful day. >> thank you. a new study finds that millions of americans have a hip or knee replacement. we want to know -- >> what would you like to replace. >> co-anchors don't apply, right? >> hey! your best tweets next.

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>> ron says, at this pounlt, my body. >> teeth to take a bite out of life. >> after five knee replacements, i would like to replace my doctor. >> good thinking. thanks for watching. >> here is gretchen, see you tomorrow, bye bye. >> we start with a news alert. a top democrat accusing the cia of hacking into computers. i'm gretchen carlson. welcome. senator dianne feinstein says -- the cia is denying the hacks. they will look into the allegations. the white house issued a no comment wen asked about the situation. senator feinstein wants to hear some form of an, i'm sorry. >> i have grave concerns it cia search may havevi