well, we've got rudy guiliani in the after the show show. log on right now. >> if you have some time, i'll be on "the five" today. i'll be one of the five. and rudy, you have to stay for the after the show show.

moves have been tactical and the industry is saying we have the implement the changes and we have to face and serve the public and we cannot do that if you are going to be shifting the goal post. so we will see them be upset in the next couple days and this could cause premiums to rise and that is what they will blame it on >> seven million. march 31st. we will see. >> that is not the only issue for obamacare today. a key system on this website,

the old backend, that one that makes sure insurance companies get paid, still isn't working. everything is being done by hand right now. it is being called an industry nightma nightmare. can you imagine what this is like? republicans are saying this the first of many extension. we have seen 36 already. how many more will we see? >> that is all just the latest in the string of obamacare. 36 and counting for a delay in the law. as far as the if you like your plan you can keep it, more than 6 million americans have had those plans canceled. talk to us on twitter. is this the last delay? fire away. >> 24 people are feared dead

with dozens more unaccounted for in washington state's mudslide. we have more dramatic pictures from in from the rescue. this is a 4-year-old boy pulled up into the helicopter yesterday. this is what it looked like when they rescued him from the mud. he is with his mom out of the hospital but the rest of his family is still missing in the mud. >> they promised to help people who needed help and they didn't do it. i don't understand why the rescue effort was downplayed.

every rescue effort thereat was implemented was far too late. >> dan springer is live on the scene. the death toll is rising as expected. >> they were expecting this. it officially stands at 16 because they found eight other bodies but couldn't get them out of the mud to recover them. 24 people are dead we know for sure. among the victims we know of are a couple and one of the family member's brothers came up yesterday and made the discovery. john was a navy commander and they are survived by five adult children. there are now 250 people involved in the rescue and recovery operation. they say the search dogs are the

most effective tool at finding the victims and crews have to dig by hand. they have not had signs of life since saturday evening. and they said there is a possibility there will be bodies they will never get to with all of the mud. >> these people knew they lived in a potential slide area. did they not? >> absolutely. that particular area has been analyzed by multiple agencies throughout the year and identified as a potential disaster waiting to happen. we talked about the army core report that identified it as a catastrophic event. and it was ranked as one of the highest risk area for a deadly and destruction.

there was some luck with the mudslide. the rescue team happened to be a short distance away when they got the call the landslide happened and that is how they were able to get out there quickly. >> that goes out to the other women's concern. and thank god that little boy was rescued. what an amazing seen that was. three secret service agents on president obama's trip in holland have been sent home. what were they doing, ed? >> i just spoke to a force that is familiar with the situation and says the administration is just furious that three agents got caught getting so drink they

had to be sent home for discipline reasons. it happened before the president arrived budget netherlands. the president is here in belgium getting ready for his week long trip. the secret service is overshadowing the seriousness of this event. one agent couldn't get the key to work in his room and passed out on the floor in the hallway. remember what happened in columbia? mark sullivan and 11 secret service personal got in trouble for prostitution at the time. there is a new code of ethnic now and the new service director is on the trip with obama and has been implementing the new

code of ethics which is no one on the job can drink within 10 hours of an assignment. >> ed henry live there in belgium with us. big night in amsterdam and not cool. the president is going to take questions in a minute and we will talk about his mitt romney comments as well and look at this video: a massive dust clouds. >> plus this: >> she needs to be home. she is mentally and more importantly physically dying under the state of massachusetts care. >> now we have a ruling on the fate of justina pelletier. the girl at the center of bitter

custody battle with the state of massachusetts. her father and her sister join us live with reaction on that. >> and mitt romney is firing back at the president and ralph peters joins us with his take on the back forth. >> what putin does influences what china and north korea does. putin is winking at stallion right now. stallioin stalin n mitt romney m

romney

mitt romney firing back at president obama over the handling over the crisis in ukraine shelling hannity last night that president obama and the former secretary of state hilary clinton underestimated

putin and should have known this was going to happen. >> i would not have given russia the gifts president obama gave them and hilary clinton gave them. the picture of them resetting the button is like don't you understand putin has different interest than the united states and wants to keep that. >> ralph peters fox news national security analyst, how are you? >> good morning. >> did romney nail it? >> i always found this juvenile when you say what is the biggest single threat to the united states. the united states of america has to focus on a wide range of problems. trying to say putin is a bigger threat in china and china is a

bigger problem than islamic extremist -- we have to do it all. >> romney did chose russia when asked the question. >> but my point is that russia is on the radar today. islamic extremist has gotten a lot stronger under obama and killed a lot more americans than putin so far. we cannot focus on the headline topic of the day. american headline national security has to address a range of global threats and that said i was mortified by the ludicrous nature of president obama's remarks in the netherlands.

>> he called it a regional power not a super power and said they were threatening their immediate neighbors and said russia is acting out of weakness. do you have any problem with those word choices? >> they are idotic. it is showing the president's utt utter illiteracy. he is forgetting that worthis it any real danger is ridiculous. and this idea that putin is acting from weakness, putin just dismantled a country and we cannot get him out of there. obama got mugged and he is

claiming he did it out of weakness. >> romney is dragging the president and hilary clinton into the his statements and mentioned the reset in 2009. how does that fit into this? >> obama and his advisors have always believed what way wanted to believe. obama thought his sheer personality would win over dictators. i am not sure hilary clinton was as comfortable but she is in the photos and she will way for it. >> she could say i am doing it for the boss. but it happened. >> i am not a hilary clinton fan. but the president sets the tone. and the president is the one who would end this and foreign policy issues such as dealing with islamic extremism from

sheer nievity. to believe the best of the enemies and at the same time the worst of the american people is appalling to me. it is dangerous. this is a guy that doesn't believe anybody wants to hurt us. and there are lots of people, including vladimer putin, who do want to hurt americans >> some consider that question from john carl a bit of a surprise. we are about to see if another one comes from belgium in a matter of minutes. march is not going out like a lamb this year. not even close. look at that beautiful town in massachusetts getting rocked by this storm. up to a foot and a half of snow by the end of the day.

>> and rare find under 40 years of dust. the classic mustang that could go for big dollars. >> beautiful car!

all right. so it is the sixth day of spring but we have blizzard warning. massachusetts could be getting up to a foot and half of snow and the winds are going to be up there. david lee is here. it looks like january.

>> spring is in the air and so too are the very high winds and a great deal of snow. we are in the deserted harbor here and as you can see it is gusty. i am going to be careful as i walk along the dock because i am not wearing my bathing suit. some of the gusts i have recorded here -- that is 28 miles per hour right now. we are told right now some of the gust are going to hit just below hurricane force at 70 miles per hour and a foot of snow is expected. but spring is in the air. there has been spring cleaning going on. some of the boaters getting ready for spring. some boats are still wrapped and not ready for spring yet. hopefully that situation is going to change.

as you said, it looks like that old adage has to be changed. it is in like a lion and this is out like godzilla. >> you have gotten a lot of use from that hat you have. the red sox have a season opener next week, right? >> that is right. next week season opener for the red sox. but the aftermath of the storm might linger. we expect the temperatures will hit 50 by the end of the week. that seems hard to imagine. but there are power outages. a couple thousand people along the cape don't have power. the brunt of the storm is being felt only long the cape. boston as a about an hour from here and barely feeling the storm. but the aftermaths could linger.

some flights at logan are being affected. but the city of boston has been able to dodge the bullet for the most part. i looked at the record books and april of 1982 and nearly a foot of snow. >> the folks in cape cod are a hardy bunch and they will weather the storm. enjoy it, david lee, while you are there. >> that looks brutal >> it looks like january. but it will be 50 on the weekend and gone. just a memory. the white house promised no more delays. >> are you going to delay the mandate that vinyls have to buy government approved health care or approve a tax? >> no, sir. >> what happened with that march

31? >> plus the hobby lobby case pinn government against religious freedom. which way is the court leaning on this very pivotal case? ted cruz says there is only one decision to make in his opinion: >> this is about whether the federal government with force people to violate their faith by paying to summing that is contrary to the teachings of their faith. ching! mmmm! mmmm! mmmm! wow! it's the oats. honey. yeah. honey bunches of oats. this is a great cereal. can you start tomorrow? tomorrow we're booked solid. we close on the house tomorrow. tomorrow we go live... it's a day full of promise. and often, that day arrives by train. big day today?

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you might see fireworks here as the much anticipated hearing today with the head of the taxiing is on the hot seat. it is the first time since the policy was revealed by lois lerner. no sign of lois lerner by the way who has pled the fifth. the white house is extending the deadline for signing up for obamacare again. this is the 36 delay we have seen. this one allows people who are supposedly in the process of signing up to check a box and say i need a couple more weeks and they will get into the mid-april or that is the date so far. but health and human service

secretary kathleen sebelius told congress this wouldn't happen. >> are you going to delay the mandate that individuals have to buy government health care or approve a tax? >> no, sir. >> are you going delay the open enrollment beyond march 31? >> no, sir. >> allan colbs and michael graham is here. you didn't think this was a big deal? >> i think people will try to use this as a peg in the demise,

but as more time goes on more people are signing up and polls are showing they like what they have when they get it. >> during it debt ceiling fight republicans said let's delay this for a year. and democrats said absolutely not. you cruel republicans how could you deny people their health care for a year delay. that would be hovel and mean. alan? >> this isn't a year delay >> but when you go into the 36 delays that happened for small companies >> soon they will catch up with 50 which is the number of times republicans have failed to overturn it in spite of the numbers of times they have tried. this isn't a year delay. only a couple years. >> brad, what do you think? >> it is never a big deal to to

democrats. as along as the american people, the ultimate underwriters of the policy, it isn't a big deal. we will just keep the goal post moving down the field. this is going to be an example for financial schools on how to not run a rollout. let's have the same exemptions for individuals as business and we would not be in this mess. >> they wanted to delay it for a year and then repeal it. and that is what they did. delaying it for a year hasn't been the idea and hasn't been delayed for the majority of team

signing up which is between 6-7 million. >> we have know idea how many have paid. the back end of the system, and we remember the computer brains testifying to congress and they said is there a payment system here and they said not exactly. there is not a way to pay for it but we are working on it. the insurance companies are writing government you owe us this and that and they are saying it is a disaster. >> i agree with brad the implementation has been they should have delayed a month or two and it could be a textbook case of how not to implement something. but it doesn't mean it is a failure. i am not hearing you ideas about

how to get health care and not punish people for pre-existing conditions. >> that is a good point. maybe that is an opening here. there is an election in november and democrats say they are open to fixing the plan. so is this an opportunity to get it fixed? >> absolutely. we have to face the political reality and that is obama is the president for the next three years and he is not going to admit failure and sign a bill to ov overturn it. the problem with coming up with a plan is we don't know the metrics because the government is hiding what they said would be transparticipant and participant and giving us the information they need. >> as of april 5th, they will know how many people paid in

march. if you saw ted cruz being listed as a democrat that was our mistake. candy cash is making it's debut on the stock trading at $22.50 a share. this is the latest test in the dicy deals. it raised $500 million for a company that is 10 years old. 16, 368 the dow closed at. and we will watch it today. incredible new video of the train derailment in chicago's airport and what clues this gives investigators underground. >> and a judge ruling on the fate of a 15-year-old girl at the center of a bitter custody battle between her parent and

the state of massachusetts. justina pelletier's father and sister are here to the reaction they are not getting custody of their daughter back. >> this judge for 13 and a half months has kicked the can down the road and ignored evidence that you would be shocked because it was so overwhelming. that is this judge. he doesn't pay attention. he doesn't pay attention. it's red lobster's lobsterfest! all promotions! the year's largest selection of lobster entrees, like lobster lover's dream. hurry in and sea food differently. go to red lobster.com for ten dollars off with purchase of two lobsterfest entrees.

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see what's new at projectluna.com great. this is the last thing i need.) seriously? let's take this puppy over to midas and get you some of the good 'ol midas touch. hey you know what? i'll drive! i really didn't think this through. brakes, tires, oil, everything. (whistling) >> how is this for a garage find? a 1969 ford mustang shelby gt 500 discovered under years of dust. perfectly preserved by a collector who is no longer with us. he never washed the car fearing he would scratch the paint. it is showroom condition. sold in 1969 for over $5,000 and

now expected to go on auction for over $100,000! >> ocd pays off! >> that is true. you are right. >> now to the serious story of the 15-year-old girl at the center of a heated custody battle will be placed in the custody on behalf of the common wealth of massachusetts. that is the ruling in the justina pelletier case. the family fighting for the return back to connecticut for a year now. this started when they took her to the hospital in a bay state to be treated for a rare medical condition. her dad lou and her sister is here. this must be shattering. >> you keep hoping for the best as any human being would do. but with everything that has

happened it is like nothing surprises you. yesterday wasn't a surprise at all to me. >> was it to you jennifer? >> i am always hoping this will end but still it was a complete shock >> joseph johnson is the judge and he said the state of massachusetts has custody of your daughter for at least six months. let me go through with what the judge said. there hasn't been any progress by the parents, suggested she was misdiagnosed saying your daughter has a mental condition, allegations of verbal abuse. how did you defend yourself? >> i will deal with one at a time. there has never been a complaint

about the pelletier family or our family prior to the hospital getting involved. when dcf decided we didn't smile at them rightly or do whatever, ultimately it was because they had sold in that what she had was something that was disreg d disregarding two years of expert medical advise from tufts medical system. all of the doctors said she has mito chrdisease. he disregarded those reports and for these young doctors coming up with this diagnose of mental disease that takes years to

diagnose. >> these are both outstanding medical facilities. when you hear these allegations against your parents what do you think? >> none of this is true. it is completely false. my family is lub loving and looking out for the best. they are the ones that negle neglecting my sister. she looks worse. they told my sister when i talked to her about her legs being swollen with edema. they told her she is fine. a child shouldn't have edema and they are looking the other way. if something happens to my sister in their care, she is not going to be another number. >> you must think the state has had welfare of the child in mind butout find it to be the

opposite. >> exactly. it is the insane. >> the system works for dcf and hospitals to take advantage of the system. that is the problem. tufts was working fine and diagnosed and going to school and ice skating and look at her now. look at the before and after pictures of justina pelletier. >> you told us several weeks gow if this can happen to your daughter, it can happen to anyone's child. why do you think that? >> department of family and children has been around for 20 years and they have no oversight and can get away with whatever they want. hospitals know that. what happens is all hospitals have child protection teams who can say we have one don't think is following our prothe plans.

the fox is guarding the hen house here. >> this case will be revisited in the month of may. what are you doing between now and then? if anything you can do. >> right off the bat had the judge made the decision on december 20th saying mass proved their case and an appeal was filled on december 20th. we are now filing in the massachusetts superior court for wrongful imprisonment. this child hasn't had education, no religious, and treated

different than every other patient. every other patient could see their family and talk fully. with her on holidays totally isolated. there has been a little evil game plan going on by boston children's. >> you will not be able to do much until june. >> just 4 days before her 16th birthday. >> and you have a facebook page. what have you heard? >> there has been a tremendous amount of support and on top of it like my dad mentioned this happening to other people i have had contacts from people who have gone through this. my sister isn't the first case at the boston children's

hospital. it is disgusting. >> thank you for your time. i know you are back and forth from boston and a lot of late evenings. for the first time the pope is set to meet the president at the vatican. they share common goals but the differences maybe greater >> and a seven-year-old falling 10 feet into a septic tank. >> what was it long being down there? >> dark and mist teysterious.

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we are back and we take you live to president obama speaking at the european union summit in brussels. let's listen in. >> as i said before, europe is

america's closest partner. europe, including the european union is the cornerstone of our engagement around the global. we are more secure. and we are more prosperous and the world is safer and more just when europe and america stand as one. and later today i look forward to speaking to the young people from across europe about how we can sustain the values and ideals that are at the heart of our partnership. as president just mentioned our work covers a full range and we will step up the efforts to create job creation on both sides of the atlantic and that is working on a trade agreement and export licenses for projects for liquidified natural gas

would be much easier. something that is relevant in today's political climate. we reviewed our negotiations with iran that i believe give us the opportunity to resolve the problems with the world's nuclear program. and we work to deliver relief to the syrian people. and stepping up quality with the asia pacific region and our commitment to combat climate change. and much of our focus today was on the situation in ukraine. russ russia's action in ukraine are not just about one country. they are about the kind of europe and kind of world we live in. the european project was born from the ashes of two long wars

and the united states long supported integration as a support of peace and prosparity. and respect for international law is what europe's integity stands for. russia violated that with ukraine. we are united in our support for ukraine and providing economic assistance to stabilize the economy and we are united in their security and we are united to isolate russia and impose cost for russia's action. every step of the way i have pa pa partners with our allies.

i want to commend the eu for taken the teps already making sure russia feels the cost by sanctions and canceling a number of engagements with russia and making it clear if russia stays on its current course, the consequences for the russian economy will continue to grow. this comes atop the sanction that the united states and others around the world are imposing and they are the most significant sanctions russia has faced since the end of the cold war. russia stands alone. they stood alone trying to defend their action at the security council. the 28 members of the european union and the nato are united and every member of the g7 has announced sanctions on russia

and they will meet here in june in brussels without russia. so if anyone thought the world wouldn't care about their action or that they could drive a wedge between the united states and europe they miscalculated. as i said repeatedly and was mentioned by both presidents there is still a way for russia to work with ukraine and the international community to de-escalate the situation through diplomacy. that is the only way the issue will be resolved. if russia continues on it's current course, the isolation will beat them and sanctions will increase and there is going to be growing consequences for the russian economy and this reflects the commitment to the goal that has brought the united states and europe together for decades. a europe that is whole and free and at piste. and in closing -- peace -- i

want to say as you conclude your tenor lates this year, thank you for all of your outstanding work we have done together. we have gone through rocky waters. we have risen above economic times and we have been able to de deepen to ties between the united states and the european unin and advance the cause of human dignigity around the world. thank you very much. >> thank you for your statement president. there is now time for two questions. thank you for your kind understanding. please state your name and your

media before addressing the question. >> yes, sir? >> christen berman german press agency. good afternoon. i have a question for the president obama. first russia and ukraine, given that the u.s. has less to lose from economic sanctions from russia would it be appropriate to provide support in the realm of energy? a lot of citizens has concerns. their fear that standards for environment protection and consumer protection are at stake. how do you convince these citizens? of? thank you etch. >> with respect to sanctions, so far what we've seen is excellent coordination between the united states and europe.

i think, on both sides of the atlantic there was recognition that in the niche incursion into crimea we had to take some very specific steps and we did identifying individuals that were in part responsible for those actions. when the russian government made the decision to annex crimea, after a referenda that nobody outside of russia i think could take seriously. we then heightened those sanctions, again in coordination. what we're now doing is coordinating around the potential for additional, deeper sanctions should russia move forward and engage in further incursions into you rain and we -- ukraine, we recognize that

in order for russia to feel the brunt, the impact of these sanctions, that it will have some impact on the global economy and as well as all the country that is are represented here today and we're mindful that will be different not just between the united states and europe but some countries inside of europe, some who are more dependent, for example, on energy from russia than others are. so we're taking all of this into account. i think energy is obviously a central focus of our efforts and we have to consider very, very strongly. this entire event i think has pointed to the need for europe to look at how it can further diversify its energy sources and the united states is blessed with some additional energy source that is have been developed in part because of new technologies.

and, we have already licensed, authorized the export of, as much natural gas each day as europe uses each day. but it is going into the open market. it is not targeted directly. it is going through private companies who get these licenses and they make decisions on the world market about where that energy is going to be sold. the question is, whether through our energy ministers and at the highest levels we're able to find ways in which we can accelerate this process of diversification and this is something we're very much committed to. we think it would be good for europe. we think it would be good for the united states. it is not something that can happen overnight. but, what i think this entire crisis has pointed to the need for to us get moving now with a sense of your -- urgency and our energy ministers are committed to doing that that was their

assignment coming out of the g seven meeting on the issue of it. tip very briefly, he le -- issue of it. tip. there is enorth must trade an investment between the united states an europe. we account for a big chunk of the world economy in our economic relations. that's not going to change. i think that. we have legitimate questions when to comes to trade deals whether it will benefit their countries over the long term and can we make sure that hard won victories around consumer protection or environmental protection are preserved as opposed to weakened? that's something that is of concern to the united states as it is here.

here's what i can tell you as these negotiations proceed. i have fought my entire political career and as president to strengthen consumer protections. i have no intention of signing legislation that would weaken those protections. i have fought throughout my political career and am fighting as we speak to strengthen environmental protections in the united states. so i have no interests in signing a trade agreement that weakens environmental standard. and so i think that there's been a lot of publicity and speculation about what might be or could be or is this provision potentially used by corporations to, you know, in some fashion, weaken some of these protections or encroach on sovereign decisions that are made. i would just caution everybody to wait until they actually see what has been negotiated before they engage in all these

speculations. i think there is generally been suspicion in some quarters around trade. some of those suspicions are unjustified. some of them reflect old models of trade agreement that is have been updated. but what i can say for certain is that because of the trading relationship between the united states and europe we've created millions of jobs on both sides of the atlantic and growth and prosperity has advanced. there is a way of doing this right that will help us make sure that we remain at the cutting-edge of innovation and growth and development. there are bad ways of doing trade agreements as well and ultimately all of these things will have to be subjected to scrutiny and the light of day but no point in getting excited

about potential provisions in trade agreements that haven't been drafted yet. there will be plenty of time to criticize trade agreements when they're actually put before the public. but i guaranty you we're going to be working hard to make sure environmental protections, consumer protections that are already in place, those are strengthened. and i shared with the president borosso and whether trade is benefittings everybody as opposed to just those at the top and the some small segments of our economies or, large corporations as opposed to small and medium-sized businesses. i think it is important for us as leaders to insure that trade is helping folks at the bottom and folks in the middle and broad based prosperity, not just a few elites and that's the test that i'm going to apply whether

or not it makes sense for us to move forward in a trade deal. i'm confident we can shape a trade deal that accomplishes those things. >> just on ukraine, and i guess that president of the european commission will speak on ttip, on ukraine we court maded first years of sanctions -- bill: we were waiting for evidence line from the president regarding ukraine and sanctions and we got a couple of them. the excellent cooperation with europe, the president characterizes that in his trip. russia continues another move in ukraine or beyond the isolation will deepen specifically at the energy sector specifically moves could you. there is talk about how europe can further diversify its energy needs. much of that need coming out of russia to fuel it. if there are more headlines we'll pass them to you. that is happening with the e.u. and president obama in brussels, belgium. martha: on with the other huge story of the day.

the biggest delay yet in obamacare of the white house giving americans more time to sign up as the administration facing calls from anxious democrats to get in there to extend the deadline a little bit more. is this last delay? i don't know? we'll see. we had 36 of them so far. we welcome you to hour two of "america's newsroom." glad to have you with us. i'm martha maccallum, i'm bill hemmer, good morning. up to now the white house was firm saying there will be no further extension but now it has blinged. until the latest change americans had until midnight monday to sign up or pay a fine. they can get another two weeks show they're trying to apply by clicking a button on the website, healthcare.gov, and suggesting that they could not finish the process. martha: no proof necessary. we'll take you on your word. chris stirewalt h walt we won't take you on your word. fox news digital politics editor. what do you make of this. two more weeks into april, look tell us, i've been trying, i really have.

>> your friend and mine megyn kelly referred to this as the promise ring of obamacare enrollment. we're not engaged we're not married but if i click this one box but i'm really thinking seriously about getting obamacare i get two more weeks best fine kicks in. so we are sort of in the silly billy land now as the administration figures out what to do about penalty that is are politically politically very painful to impose. remember just two weeks ago not only the president was adamant as you point out there would be no delay in these fines but also the administration held they did not even have the authority, spokeswoman for the department of health, said we can't even do it, let alone are going to do it. now they said, well, since you're clicking the box, since you have thought twice about obamacare and leaned on your mouse, you don't get fined for another two weeks to give themselves more time. they're going to keep trying to push this. they have already eviscerate ad lot of it by creating what they said was a hardship exemption. they will look for more ways to

shred this mandate. martha: basically if you kind of thought about it and clicked on, taking a look at website which many, many people have. >> right. martha: or if you do that, and it was too expensive and you couldn't find something that would be reasonable as your old plan, then you also get an extension. i would love to know how they arrived at two weeks? who was sitting around the table, you know what? two weeks is going to do it. two weeks will get across the number that will be split canally palatable and allow the folks to campaign on? >> now i have to disagree with you. martha: right. >> i don't think this is about how many people get signed up because i don't think that they give a good gosh darn how many people sign up they will say it's a victory and bail out the insurance industry. i think raw number they will call a victory whatever it is and exaggerate the number and it will be off -- martha: what is the point of two weeks then. >> the point of the two weeks, you have got democratic senators facing near certain defeat in some races that say, you can not impose fines on people for a product either they can't get to

buy -- martha: two weeks, that will not get them through to november. if somebody gets fined in august, september, october, that will be fresh in their mind. >> oh, yeah. guess what else will be fresh in their mind? what will be fresh in their mind the fact this law and implementation looks like a game of beer pong gone wrong. it's a mess. it is everywhere. the cups are spilled. it's a disaster. what the democrats in the senate are telling administration, fix this and make this stop. make this go away. and the president is finding new and novel, innovative ways to get this done. i don't think that is going to placate them. i think they will want more from him. martha: we will see. chris, thank you very much. >> you bet. bill: the outgoing head of the nsa, strong words for critics of the agency's spying program. watch. >> everybody reviews what we do to see if anybody is doing anything illegal like you suggest. no one has found anything, zero. except for in 12 cases where people did that and we had

already reported those. bill: more on interview with bret baier exclusively on fox news channel. can a pair of new proposals revamp the program protect your privacy and keep the country safe? martha: an unbelievable video, look at this, right up the escalator that train went in chicago. we'll tell you the latest on the investigation into what happened. bill: i would like to see this out your back window? whoa! a towering wall of dust bearing down on a town and blotting out the sun. we'll tell you where that happened. ♪

bill: if you're just joining us, want to alert you to information out of kuala lumpur. malaysian officials announcing there is a new possible debris field in the hunt for

flight 370. new satellite photos they say show 122 objects in the southern indian ocean, not far from where satellites spotted potential debris. we'll keep you updated on this. it is 10:15 in the evening. the search is delayed yet again because of night fall. the search will continue at daybreak and we'll see what they find out then. martha: so president obama and the house intelligence committee unveiling their plan to overhaul the nsa spying program. the idea is to find a better balance with privacy and the country's security. general mike hayden, former head of nsa saying that the new plan he believes almost does that. >> underthe old system nsa was getting a third or less of the metadata on phone calls in the united states, and from the united states and abroad. with this system it is almost exhaustive. it is almost total. that nsa will be able to query this time through the phone

companies the complete database. on balance this is probably better than an 80% solution. martha: how about that? we have congressman dutch ruppersberger, congressman, welcome, good morning. >> thank you, martha. martha: you heard michael hayden, former head of cia he says they will actually have access to more of people's information that way. is that so. >> not more of people's information. let's talk about what the situation is. we need to deal with the issue of privacy. mike rogers and i have been listening to constituents and there was concern that the metadata being held by the intelligence community was really content information. that was not the case. notwithstanding that we came together with with the white house not to hold metadata anymore, yet when we need information to protect our country from terrorist attacks

the fbi would go to the phone companies who hold data for phone calls and numbers and things of that nature. martha: right. >> not only are we changing the system, but we also are requiring the court review the what they call the reasonable articulable suspicion that someone, that the intelligence community would get, being concerned about a terrorist attack. let me give you an example. you have someone from yemen, a known terrorist, calling the united states. we want to know who he is calling and if there is conspiracy going on. and as a result of that we would get that intelligence and then find out and make a determination and investigation whether there is terrorist attack. martha: i understand. so a judge would need to okay, use of i call it information, the phone numbers, just the phone numb percent that go back and forth from a foreign entity to the united states. >> exactly. martha: we spent $1.5 billion on data center in utah to collects the data. what will happen to the facility

if we don't need to hold all the data, a. and b, what happens if the companies say they don't want to be responsible for holding this stuff? >> let me get to the phone companies. we've been negotiating with the phone companies, white house and this is bipartisan bill. phone companies like this plan because number one, they get a document, an administrative subpoenas asking for a certain number of possible terrorists. >> right. >> that is the first thing. second thing we're not require them in our bill to hold this data, these numbers for any period of time. they like that. they have to maintain and keep these numbers for 18 months. according to fcc regulations. so the phone companies are cooperating and working with us on this issue. this is an individual case-by-case now, instead of having a to hold data. men and women who work at cia are fantastic people, they're smart, they're dedicated. they get up in the morning knowing they're helping to really protect our country from terrorist attacks. a lot of this negativity and this false information about how they're listening to you is just

not true. martha: i, don't have much time. i want to ask one other question because i think this is important. there is all this data out there. the phone companies are basically saying what they used to do. they keep it 18 months and if it gets subpoenaed they have to turn it over. >> right. martha: how effectively are we using this data? we're almost at one-year anniversary of the boston bombing. even show tamerlan tsarnaev was on four terrorist watch lists no one monitored or pulled any data or his calls to tag goes stan. are we using this stuff efficiently? >> let me tell you what we did. the boston marathon, the bulk collection metadata program to find out whether or not the two brothers were involved in conspiracies? was it an international incident or two of them acting alone? as a result of this program we were able to focus on them and realize we didn't have to worry there would be another 9/11. martha: that was after the fact.

not before. >> but it is intelligence is gaining information to take you to the next level to find out really what the facts are and whether or not we need to go after people who are trying to attack us. that is the purpose of the program. martha: we wish you well. it is really important to get this right and congressman ruppersberger, thank you very much for being with us. >> got it. bill: 21 past. stunning scene in a moment in chicago. a movie based on a bible story that may have little too do with the good book. the man behind "noah" with the controversy. >> the waters of the heaven will meet the waters of the earth. we build a vessel to survive the storm. ♪ we build an arc. ark. (knocking)

hello? hey, i notice your car is not in the driveway. yeah. it's in the shop. it's going to cost me an arm and a leg. that's hilarious. sorry. you shoulda taken it to midas. get some of that midas touch. they tell you what stuff needs fixing, and what stuff can wait. next time i'm going to midas. high-five! arg! i did not see that coming. trust the midas touch. for brakes, tires, oil, everything. (whistling)

♪ martha: yep. nobody said it was easy. it is over for another superstar couple. gwyneth paltrow and chris martin are separating. the actress and coldplay frontman calling it quits after 11 years of marriage, making announcement on her blog, goop. this is interesting phrasing for splitting up. they made a conscious uncoupling. while they love each other very much they will remain separate. they have two children, nine-year-old apple and 7-year-old son moses. bill: that is cu plan. martha: conscious uncoupling. yep. bill: they have two kid. martha: interesting frazeeology. you know what the donkey said in "shrek"? bill: what? martha: hollywood marriages they never last. bill: i thought you were going to say knock knock. what the donkey says in "shrek", who's there? see something believing.

moment a commuter train went off the tracks at o'hare airport. look at that! smashing into the top of the escalator, injuring dozens. mike tobin is live in chicago. mike, good morning. is the focus on the driver, yes or no? >> reporter: it is. it is worth taking a look at the dramatic video of l train jumping the escalator. the fact it was before three a.m. contributed to no one being on the escalator. given that hour fatigue is looked at the top of the list of possible causes. that train operator had been on shift, had been working since 8:00 p.m. prior to her shift. she had been off for 17 hours according to the president of the amalgamated transit union local 30. robert kelly is his name. she he said she had been putting in a lost hours and looking at distinct possibility that she nodded off. drugs an alcohol are being ruled out. that operator will be interviewed by the ntsb later

today. an emergency brake was activated but part of the investigation is focusing on why the emergency brake did not stop the train. as we speak the train is still stack up on the escalator. the ntsb has to release the scene before the city can cut it up. bill: thank you, mike. mike tobin in chicago on that. martha: well the contraception mandate setting up potential "battle of the sexes" at the supreme court. why hobby lobby's case could come down to the final swing vote. bill: also this brawl breaking out on the baseball diamond. how it started and how one heisman football winner got in the middle of all of that. whoa. ♪ cúp,@s#b

martha: we are back with a fox news alert. a congressional hearing is underway looking for closure in the irs scandal. irs commissioner is testifying today on lois lerner's involvement and targeting of conservative groups. lerner is not the at hearing today but she faces possible contempt of congress charges after pleading the fifth again on hearing on march the fifth. chief congressional correspondent mike emanuel is on the hill. what is the focus of this today? >> martha, there is definitely frustration in the room because this is the committee where lois lerner come up twice and taken

the fifth. so this committee is trying to get all of her emails from the irs and they feel like the irs has been slow in doing that. chairman darrell issa expressed his frustration. does a non-partisan, non-political agency blatantly ignore a congressional subpoena? again the irs continues to. the american people believe the irs is now a politicized agency because the irs is a politicized agency. our constituents deserve better than this. >> reporter: bottom line, darrell issa says the committee has been making document requests for the past 11 months. he is frustrated they're not turning the paperwork over faster. so he wants answers from john koskinen today, martha. martha: what about today's hearing? any fireworks expected there. >> you're looking at possibility

of fireworks between lawmakers around the witness and there is also possibility of fireworks between the chairman, darrell issa and the top democrat, elijah cummings. here is a sample of what cummings had to say so far today. >> inspector general identified no evidence support these wild political accusations. the ig reported according to the interviews they conducted, the inappropriate criteria, and i quote, were not influenced by any individual, organization outside the irs. >> reporter: chairman darrell issa and elijah cummings the top democrat had their square of squabbles, battles over this irs investigation. the last time it really blew up with lois lerner taking the fifth on the stand. we will watch and see if there are more flare-ups today. so far they have based pretty well so far but it is still early on in the hearing, martha. martha: we all remember that moment. thanks, mike. we'll see what happens. bill: how will the supreme court rule on the obamacare

contraception mandate and what could that mean for the law? the hobby lobby case going before the high court yesterday where it faces rather, what appears to be a battle of the sections. now the female justices appear to be in favor of the mandate, hard to read between the lines but that is what arguments led you to believe yesterday. the men appear to be a bit more skeptical on issue. that issue is whether or not business, in this case a private business, hobby lobby, can be forced to provide contraception coverage for its employees. richard fowler defend the mandate. michael graham thinks the court should make exception. both are radio talk show hosts and welcome ba to "america's newsroom." elena kagan said this at one point during the 90 minutes of oral arguments. quite a number of medical treatments religious groups object to. one religious group could opt out of this and opt out of that and everything would be piecemeal and nothing would be uniform. we read between the comments and you think that kagan supports

the mandate an she might. we'll find out in june but, michael, which way is this going to go? can hobley lobby win this case? >> not only can they win it, i think based on analysis seen so far likely to win it. point something out. before president obama invented requirement that private businesses must be forced to buy birth control before he invented it out of whole cloth. not in obamacare, regulations invented we have no problems at all. they were either working for companies who provided it or bought it themselves. came up with a deal add it to eninsurance coverage. this problem is invented entirely by obama administration invented to promote political agenda of bogus war on women women. bill: kagan said you could pay the fine. that find is significant, tens of millions of dollars if not greater. >> truth of the matter there is fine might be less than covering insurance, where i disagree with michael here, a lot of companies

were not providing birth control or providing viagra for mail employees. herein lies the problem with this whole particular case, bill, this ideal that a corporation can now express a religious value which we've never seen before. in american history. really telling what the court will do. we don't know what the decision will be in june but i think we need to pay attention to this one. this is slippery slope here. this says a jewish corporation could then say we will no longer celebrate christmas and everybody has to come to work because we have right to espouse our religious views as corporation. >> they do that now. there is no -- bill: what hobby lobby is trying to argue here, they don't want to be in this business. they want to be in your business, rather be exempted from it, right, michael? >> i love the hashtag that planned parenthood is using to promote keeping this mandate that requires your boss to buy your condoms. their hashtag is, boss out of my business. bottoms is trying to get out. he doesn't care who you're hooking up with, how often

you're doing it he wants to not pay for it. unfortunately people want to reach into the boss's wallet and order him to pay for something that violates his religious believes. bill: hobby lobby, hang on, guys, hobley lobby is not saying ban birth control. they're saying we don't want to be a part of that. can they win on that point, richard. >> well, listen in order for hobley lobby they have to win that birth control is not part of health care and it is. there is lot of individuals, a lot of women out there who use birth control as farm form of their health care. if indeed is health care should get it in the health care plan. what hobby lobby is saying exempt from providing birth control in the health care plan but wrong, wrong for woman across the country. bill: hang on michael. >> whole idea of insurance you pay for things you will end up using or you might not have or might have. in your insurance you cover the fact that you know, there is coverage for cancer. we're not saying anybody should have cancer but that is why you have insurance.

same goes for birth control. every woman should have the right to have birth control. bill: there is, separation of you know, the government and religion. now, justice anthony kennedy, i don't know if he will be the swing vote here, he might be, what appears to be a very close decision. he said this under your view, questioning the lawyer, solicitor general, a profit corporation could be forced in principle to pay for abortions when asked to respond, very really says, well he disagreed with kennedy's characterization but your reasoning, kennedy said, would permit that. michael. >> look, if richard's right, that it is wrong to not force corporations to buy birth control then why did the obama administration itself exempt non-profit corporations for doing the exact same thing? somehow nonprofit -- >> there is distinction. >> but not for-profits. moral is moral. where is the standard, richard? >> it is not about morality at all. there is distinction. a non-profit organization, they

espouse particular beliefs, espouse a particular belief and express that because they're a non-profit organization, i.e., a church, synagogue, jehovah witness on and on. >> still birth control. >> difference here for a for-profit corporation they don't have the right to express a religious view. that is the -- bill: gentlemen, make one more --, hang on, guys. hang on, don't let this thing get away. >> first amendment. bill: hey, guys, guys. chief roberts, seemed to be going right down the middle on this when he argued toward the end of the hearing if you're a public company, this applies. if you're private, you could be exempt. michael, is that how the court ultimately decides? >> well the religious freedom restoration act says there is solution other than making people violate their is solution and you have to take it. there are all kinds of solutions, government simply say weill provide through taxpayers through birth control to women

who can't aill end the sew problem. the court will rule there are other solutions available and hobby lobby will win. bill: is that a distinction between the public and private company is that how the court decides? >> if michael is right, he will be here next week why the government shouldn't fund birth control. this is end of the day, bill, this is totally slippery slope. when corporations can espouse religious views they can do a lot of things. discriminate against women -- bill: okay. richard, thank you. michael, thanks to you. three months to wait for the ruling. thank you for coming in today. 20 minutes now before the hour. martha: you know, i mean it becomes, i think that question, i think that is what it boils down to whether private and public distinction in terms after non-profit corporation. people are saying it is coming down on gender lines or could be in the supreme court as well, although those gender lines also match up with political leanings generally on the court as well. so it's a stay out of my

business issue and whether or not corporations and the government really have the right to say, that a corporation must provide something for their employee, so it will be a very, very big decision. how john roberts comes down will be a huge, huge part of this. bill: we'll be sitting right here at 10:00 a.m. eastern time when it happens in june. martha: so how about this story today? he was dying of cancer and experimental drug was his family's last hope. see how he is doing now after finally getting the treatment that his mother fought so valiantly for. plus this. >> one day if man continued in his ways, creator would annihilate this world. >> upheaval. >> he speaks to you. you must trust he speaks in a way you can understand. bill: it will be out this weekend and getting a lot of controversy and probably what the producers want of the artistic license?

rough seas for "noah" even before it is released. >> we build a vessel to survive theer storm. we build an arc. >> mama. an upstart. gotta get going. gotta be good. good? good. growth is the goal. how do we do that? i talked to ups. they'll help us out. new technology. smart advice. we focus on the business and they take care of the logistics. ups? good going. we get good. that's great. great. great. great. great. great. great. great. great. (all) great! i love logistics.

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vitamins and supplements at the trusted destination for healthy savings... ...walmart. save money. live better. bill: it's warm in florida but things were down right heated in jacksonville. florida and florida state supposed to be playing a baseball game and this happened. >> up the first baseline. it will be a mistake by young. young tried to play it. powers was right there. and he ran into him. now it is getting a little chippy. bill: chippy, indeed. three players were ejected, on it goes. including two who started it. fsu heisman winner. quarterback jameis winston caught up in the melee. is a great athlete. he was not one of those kicked out. winston stayed in the game apparently, from jacksonville. >> it begins.

♪ martha: wow. oh, my goodness. a clip from the blockbuster, "noah." hits rough waters, director, an admitted atheist, said this to a british paper. that "noah", this movie, he means, the least biblical movie, that ever been made in his opinion. doesn't appear to be kidding about that. i'm joined by father gerald murray, pass pastor of holy family church. good to have you here. looks incredible movie, very dramatic but getting a lot of attention and some of it is negative. >> yeah. i think the previews seemed to highlight violence. of moses with an axe and maybe not to cut wood but cut people up, i don't know. it is not the kind of movie we

were expecting when i first heard a "noah" movie coming out with russell crowe. martha: this is interview, kevin mccarthy, film critic did with aaronnofsky. >> the mind set of these people at that time was different. we felt a direct relation to the creator and, what he had done would sort of emphasize that. and sort of separate it, make it a different world. because we really wanted to emphasize that our times didn't start until after the flood. martha: interesting. so, that was in response to the question, why is there no reference at all to god in the entire movie? and the director said, we were refer to the creator and noaa's relationship to the creator. what do you think about that? >> i think it's a bad decision. obvious moses talked to god. right there in the bible. god's action is causing the and

moses, noah, saving the people, his family and the animals. there's a tendency sometimes to use the bible as a way to get people into theaters and give them a completely different message. i'm afraid that might be going on here. martha: you know, another interesting thing that it cuts across religions because, in qatar, bahrain, the united arab emirates and indonesia, predominantly muslim countries they are not distributing this movie because they're upset of the depiction of noah. >> i have a feeling that catholic and protestant critics will come down on this movie pretty hard. what i've seen already, it is not getting good reviews among serious christians. yeah, you don't take the sacred text of the bible and turn it into a play thing of hollywood blockbusters, you know taking like a "gladiator" approach. how many people can we kill, how much can explode. this is story about redemption by god. this is a story of how things should be ordered in life.

not about violence and hatred and murder. it should be about caring for one another. martha: there was a lot of violence and hatred and murder in the bible that caused the flood, right, that -- >> that's correct. martha: the god use the flood to correct so you would expect to see a lot of that in this movie, no? >> in redemtive sense. the flood is trying to wash it out of humanity. for the christian the flood is a symbol of baptism. renewal and redemption. we take a look at ourselves and say this isn't good and god says, you're right and here is how you should act. and that's what noah should be doing but looks like from what i heard, noah is not admirable figure. martha: not like the song we learned in sunday school that, elephants and kangarooses the lord by twosies. father, thank you so much. >> martha, thank you. bill: two at a time. martha: that's right. bill: stuart -- jon scott standing by on "happening now." how are you doing?

>> i'm doing we, bill. there is another implementation in the obama care. consumers will get a little wiggle room when it comes to signing up. is this helpful move by the white house or crass political anderring? karl rove, watch williams and charlie hirt weigh in. death toll from the mudslide in washington state continues to grow as the search for victims continues. the hunt is on. 122 potential pieces of debris spotted from that, possibly from that doomed malaysia flight 370. the latest in the hunt to actually recover the wreckage as well as the black bosses all coming up. bill: maybe they have a clue today, maybe not. less's hope. one state taking drastic measures to fight a drought and saving one of its valuable resources. packing up live salmon and trucking it across state lines. ♪

martha: all right. it did not take long. there is now a verdict that has come in the new york city downtown trial of abu ghaith. usama bin laden himself, according to the testimony in this trial asked abu ghaith to become a spokesman for al qaeda, for jihad in the united states. so that trial is wrapping up. the verdict is now in. we will give you the latest as it comes available. bill: they are taking drastic measures to save california's valuable salmon population from severe drought. claudia cowan is live from rio vista, california, where they're getting some are much-needed rain, claudia. >> reporter: don't let the rain fool you. wildlife officials are trying to avert a fishing disaster that

drought could kill millions of baby salmon as they come from the california hatcheries to the pacific ocean. the fish are bypassing trouble spots and hitching a ride down river. these tiny fish are getting sucked into tanker trucks for the trip of a lifetime, first of 30 million california salmon in a normal-year would be released at hatcheries, migrated down the sacramento river to the pacific and return to spawn. >> this is not ideal an we're having to take extraordinary measures. >> reporter: this gives the fish the best shot? >> right now we believe so. >> reporter: climate controlled trucks carry the salmon to san pablo bay where they get a chance to acclimate. over next 2 1/2 months special barges with nets will transport them out in the pacific ocean where chances survivorring growing intoed at adults will be specific higher than if left for themselves.

>> if they left in the river the survival will be less than 5%. this is giving them a leg up on survival. >> reporter: this fish rescue is costing taxpayers hundreds of thousands of dollars. they argue the state's $1.4 billion salmon industry and tens of thousands of jobs are at stake what what that means jobs in the year 2016 when the fish come back as adult and we have something to catch in the ocean rand river. >> reporter: because a quarter of these fish have been tagged, bill, in a few years hatchery officials will have a good idea how many survived. bill: best to them. thanks. claudia cowan in california. martha. martha: another day and another very big delay for obamacare. so what is really behind this latest push from the white house? what it mines for the crucial midterm elections rand beyond. karl rove will weigh in on that moments away. stick around. (knocking)

hello? hey, i notice your car is not in the driveway. yeah. it's in the shop. it's going to cost me an arm and a leg. that's hilarious. sorry. you shoulda taken it to midas. get some of that midas touch. they tell you what stuff needs fixing, and what stuff can wait. next time i'm going to midas. high-five! arg! i did not see that coming. trust the midas touch. for brakes, tires, oil, everything. (whistling)

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in a trial just blocks away

from the site of the trade centers the brother of bin laden has been convicted. we will have more on that >> another news alert. and breaking developments in three stories. another obamacare delay and why the administration says you can take your time. karl rove is here to react. and live in washington state with what rescue crews are doing in the mudslide. and new images called the most credible lead yet in the search for flight mh370. we know you have heard it before. but 122 objects spotted in the southern indian ocean and what they could mean for