>> i just like listening to the song. kids go crazy. >> they're so happy and joyful and fun. you know they're seniors in high school. whole crew got involved. >> hats off to north hills in pa. see you tomorrow, everybody. >> bye, everybody. "happening now" starts right now. jon: right now today's top headlines and brand new stories. the search intensifying for flight 370. are sounds picked up deep in the ocean coming from the plane's black boxes? the latest from the mysterious pulse signals next. patti ann: oscar pistorius taking the stand in his own defense. his tearful testimony and what he said to the family of reeva steinkamp. jon: plus a spring break celebration turning into chaos. why more than 100 students ended up in handcuffs. it is all "happening now." jon: and a good monday morning to you. it is being called the most

promising lead yet in the search for flight 370 as crews detect new underwater signals they say could be coming from the plane's black boxes. i'm jon scott and patti ann browne, welcome to you. patti ann: thanks, jon. great to be here. the search ship, ocean shield, made the latest discovery while towing a u.s. navy ping locator. it is roughly 900 miles northeast where a chinese ship picked up a similar ping a day earlier. the first detection was tell approximately two hours and 20 minutes. the ship lost contact before conducting a turn and attempting to reacquire the signal. the second detection on the return leg was held for approximately 13 minutes. on this occasion two distinct pinger returns were audible. patti ann: unfortunately time is running out.

the black boxes pinger has a roughly 30-day battery life and that means it could stop transmitting a signal anytime now. jon: david piper is streaming live from bangkok, thailand. david, we have had plenty of false alarms before. how credible are these latest reports of sounds being detected underwater? >> reporter: hi, jon. yes, lots of false leads and a lots of wasted time. the australians are being very cautious but they're described it as a promising lead. perhaps the key to their statement they have given out today they suggested that they heard two different signals, two different pings. also on that they say it is consistent. so it means it was on the 39.5 gig hearts frequency. that is what the black boxes would be transmitted at. there were two black boxes on the plane. one for the cockpit recorder around the other to record flight data. so at the moment, that is the most promising lead they have

had in a very long time, jon. jon: well we don't want to get too far ahead of ourselves here, but what will be the next thing they do if in fact they have located those boxes? >> reporter: well, as you say there's a long process may be involved. they need to triangulate, try to get closer to find out exactly where these black boxes are. they have on board that australian ship one of these robotic submersibles that can go down but right on the limits of where it can go. that water there is about three miles deep. it has got very limited -- they really need to know just about the exact position where those black boxes are before they can get a fix, jon. it is still a very difficult situation. it could be many days but the malaysian authorities are leading the investigation. they said in a news conference a few hours ago that they were cautiously hopeful. they said there may be a breakthrough in the next few days or hours, jon. jon: let's hope that the

batteries will last a few more days because we are right at the end of their life. david piper reporting live from bangkok. thank you. patti ann: very dramatic day at "the blade runner" murder trial. oscar pistorius takes the stand. cameras are rolling inside of the courtroom but the pistorius ask they not focus directly on him. his emotional testimony about the night he shot and killed his girlfriend, reeva steinkamp, began with a message for her family. take a listen. >> i'd like to apologize and say those moments and there hasn't been a moment since, since this tragedy happened that haven't thought of your family and i was simply trying to protect reeva. i can promise when she went to bed that night she felt loved. patti ann: paul tilsley is life in johannesburg, south africa. paul, can you describe the scene for us when he was making that

apology? >> reporter: indeed, patti ann. "blade runner" started and ended his testimony today in tears. the opening tears accompanied the apology you just heard to his slain girlfriend's mother, judith steenkamp. unseen by cameras in court i could see pistorius frequently reach for a napkin to wipe his face. rather dramatically he turned, physically turned to reeva's mother and apologized and time and again he stopped and appeared to cry. and he told the court he was scared of sleeping as when he did, he had disturbing nightmares. >> i'm scared to sleep. all for several reasons but i have terrible nightmares about things that happened that night where i wake up and i can smell, can smell blood and i wake up to

being terrified. >> reporter: "the blade runner" told the court he never hands wants to hand ale firearm again. he went on to say one occasion since the shooting he woke up and was so terrified he climbed in a cup board and phoned his sister who lived in the same house where he is staying to come sit by him for a while, patti ann. patti ann: paul, you're in the courtroom. tell us what is happening when the cameras are not on? >> reporter: well the televised court session ended early today because pistorius was complaining he was exhausted and hadn't slept last night. the cameras were switched off he was in highly emotional state and pretty much once those cameras were off, pretty much all of his family present rushed over to the witness box. he was slumped in some distress in the box and his carl and sister amy embraced him. hugged him. if they were encircling him, trying to protect him from the outside world. with the other family members such as head of the household and uncle, arnold pistorius

forming an outer circle. this scene went on for several minutes before he was taken out of the courtroom, patti ann. patti ann: interesting. all right. paul tilsley, thanks. we will have much more on the story later in the hour. we'll have legal analysis of pistorius's testimony and what it could mean to the case against him. jon: let's talk a little politics now. after more than 20 years there is growing talk of another bush versus clinton presidential race in 2016. this one, if it comes about, would pit former florida governor jeb bush, against former secretary of state hillary clinton. describing clinton's big edge over other democratic candidates, "the wall street journal"'s peter nicholas writes, quote, that organizational advantage, coupled with her reknown as former first lady, u.s. senator and secretary of state, have prevented other prospective democrats from getting a toehold in the race. one democratic strategist describes the political

environment frozen in anticipation of a possible clinton bid. meanwhile former governor bush speaking publicly about a potential 2016 run this weekend saying he would base his decision, whether he quote, could run with a hopeful, optimistic message, hopefully with enough detail to give a people a sense it is not just idle words and not get back into the vortex of the mud fight. bob cusack, managing editor of "the hill" and the byron york, "washington examiner." byron, to you first, what do you think about the premise in that "wall street journal" hillary clinton's presence on the stage has sort of frozen out the possibilities for other potential democratic contend officers. >> i think it's true. i just went to the "real clear politics" average of polls a couple minutes ago, in the democratic race, hillary clinton has a 53-point advantage over the next competitor, that being vice president joe biden after that massachusetts senator,

elizabeth warren. so i mean, there's hillary and everybody else. and there's a couple of things. one, it does kind of suck out all of the oxygen as far as fund raise something concerned but i think it also makes democrats a little nervous. you talk about all your eggs in one basket f she doesn't run, nobody else is anywhere close. as they really go back to zero, the starting point, if for some reason mrs. clinton decides not to run. jon: bob, six or seven years ago, hillary clinton was the sure thing, be all, end all candidate and something happened on the way to the election. >> yeah, that's right. the left i think wants a primary challenge. they want her to make sure that she didn't move to the middle and then even further to the right in the general election. so, but i think hillary clinton's standing, i agree with byron, so strong right now. she is up 50 points. nearly 60 democrats in congress have already told us that they would support her in a primary. so she has got all the momentum.

in all likelihood she is growing to run. she is coming out with a book. then you will have many, many choices on republican side. jon: there is more and more talk of the prospects after bush versus clinton election, prompted mostly by increasing signs i guess you would say that jeb bush be the former florida governor, might get into the race. brit hume spoke to martha maccallum an hour or so ago what he sees as the potential appeal of this candidate. take a listen. >> he has long been regarded by many observers as the most talented politician in the bush family, most attractive and talented politician in the bush family. he has a lot of credibility with hispanics over time are becoming increasingly more important element of the electorate. jon: so, byron what about it? what are the prospects that the jeb bush actually will make this run? >> i think you have to throw into the mix the factor that a lot of republicans who would love to see chris christie when the nomination are now getting

nervous about it because of link everying effects of this whole bridge scandal in new jersey. as a result of that, are putting their eyes more closely on jeb bush. it's kind of a backup position for some people in the republican party. almost a reflex position. the only republican who has been elected president since 1984, 30 years, is a bush. george w. bush and his father, h.w. bush. so it is kind of a position, kind of a safety position for the republican party but i think there will are a lot of republican who is have severe, what you might call die has tick concerns. they are worrying about electing a man and his son and his other son as party that really isn't open enough to other possibilities. jon: so, bob, there is, i guess this fissure we talked about in the democratic party. maybe the clinton middle and the father left that is going to put

some sway on her potential candidacy, but what about jeb bush and the tea party? i mean where does he fall according to the tea party ideology? >> jeb bush would have a very difficult time winning the primary, especially because he favors comprehensive immigration reform and that is something that the party leaders in washington do want. they feel like that is going to be necessary before the 2016 election. especially because hispanic demographic is growing. so there is no doubt there would be some tea party opposition to jeb bush. there certainly is bush fatigue. i don't think not nearly as much if jeb tried to run in 2012, but it is still there. but, whoever wins the nomination, they're going to get behind that person because that person on the republican side is going to be going up against all likelihood hillary clinton. jon: wow, fascinating look ahead at a couple of potential candidates. bob cusack, byron york, thank you.

>> thank you. patti ann: new violence inside of ukraine. pro-russian demonstrators seizing several government buildings adding to the tension already gripping that nation. president obama will attend a memorial service this week for the victims of the deadly fort hood shootings. as we await new details what may have sparked the violence. our navy goes all-out to save a family with a sick infant whose sailboat breaks down hundreds of miles from land. vo: once upon a time there was a boy who traveled to a faraway place where castles were houses and valiant knights stood watch for the kingdom was vast and monsters lurked in the deep and the good queen showed the boy it could all be real

avo: all of great britain, all in one place book on expedia before april 30th and save up to thirty percent. (agent) i understand. (dad) we've never sold a house before. (agent) i'll walk you guys through every step. (dad) so if we sell, do you think we can swing it? (agent) i have the numbers right here and based on the comps that i've found, the timing is perfect. ...there's a lot of buyers for a house like yours. (dad) that's good to know. (mom) i'm so excited.

it says here that a woman's sex drive. increases the age of 80. helps reduce the risk of heartisease. it seems that 80 is the new 18. grannies, bless your heart, you are bringing sexy back! eat up.

keep heart-healthy. live long. for a healthy heart, eat the 100% natural whole grain goodness opost shredded wheat. doctors recommend it. jon: right now stories making headlines around the country. the death toll rising to 33 from the mudslide in washington state after crews found three more bodies. severe thunderstorms across the southeast. there is word of a tornado touched down in mississippi.

a nine-year-old girl also reported missingings, apparently after getting swept away by floodwaters. barbara walters setting a date for her retirement from regular tv appearances. the tv legend says may 16th will be her swan song on abc's "the view." patti ann: the medical condition of the little girl rescued at sea is improving. her parents are thanking crews after boarding a navy ship off the coast of mexico yesterday. they called for help when their boat lost communication and steering. their one-year-old daughter, lyra, got sick while sailing around the world. now the family is also defending the decision to sail with two young children. >> reporter: -- patti ann: william la jeunesse in los angeles. tell us more about the rescue. >> reporter: medics decide she needs immediate help but nine hundred miles from land, three hours off the southern tip of baja, mexico, that wasn't going

to happen. so the california air national guard launch as c-130. the rescue crew parachutes into the ocean. rescues the family from a sinking sailboat. they spend three nights on a life raft until the navy frigate arrives on sunday that should return to san diego by wednesday. >> it is a nearly successful mission. we're still underway. for us the mission's not complete until we transfer the patient to the next highest level of medical care which will be a medical facility in the san diego area. >> reporter: the kaufman family, eric, and charlotte, three-year-old, cora, an one-year-old, lyra were helpless. their sailboat adrift, no steering or no communication and taking on water in a eight foot sea. apparently shy had salmonella poisoning before the trip was cleared to go. on wednesday, rather than an attempt to dock the huge frigate, patti ann, they may send out a fast boat to get them

to ashore. patti ann? patti ann: william, the mother has been blogging about this trip. what is the public say about all that? >> reporter: public reaction has been swift, heartless, without pity. the kaufmans were only two weeks into this voyage when weather turned against them and so has public opinion. instead of support, people were outraged that parents would take a one and three-year-old on a dangerous around the world adventure on a tiny 36-foot sailboat. though eric is a trained sailor, even charlotte's family thought they were nuts. a week into it, charlotte admitted they were right. writing on her blog and i'm going to goat here, i think this may be the stupidest thing we've ever done. stupid is the number one word that resonates throughout my day. why am i doing this? what the -- was i thinking. when readers agreed, charlotte responded on the blog, if you can't say anything nice, don't say anything at all. that was her last post.

patti ann, especially back to you. patti ann: especially if she comes out to admit that. william la jeunesse thank you. thankfully the child is doing okay. jon: hats off to the rescuers. emotional day at the "blade runner" trial. oscar pistorius taking the stand for the first time tearfully talking about the night he shot his girlfriend dead. will his testimony hold up under cross-examination. a share hockey match woo between new york city's bravest and finest gets way out of hand. shocking video of the brawl that as a resulted next. s list to gauge whether or not the projects will be done in a timely fashion and within budget. angie's list members can tell you which provider is the best in town. you'll find reviews on everything from home repair to healthcare. now that we're expecting, i like the fact i can go onto angie's list and look for pediatricians. the service providers that i've found on angie's list actually have blown me away. find out why more than two million members

count on angie's list. angie's list -- reviews you can trust. ameriprise asked people a simple question: can you keep your lifestyle in retirement? i don't want to think about the alternative. i don't even know how to answer that. i mean, no one knows how long their money is going to last. i try not to worry, but you worry. what happens when your paychecks stop? because everyone has retirement questions. ameriprise created the exclusive confident retirement approach. to get the real answers you need. start building your confident retirement today.

these days, everything is done on the internet. and tomorrow you'll do even more. that's what comcast business was built for. slow dsl from the phone company was built for stuff like this. switch to comcast business internet. then add voice and tv for just $34.90 more per month. and you'll be ready for tomorrow today. comcast business. built for business. jon: this is embarrassing. new york city's finest and bravest turn a charity hockey game into an all-out brawl. this bench clearing fight broke out last night at the nassau

coliseum on new york's long island t happened between teams from new york city's police and fire departments. reports say it began when game officials tried to break up a fight on the ice. it escalated in minutes. the game was delayed. several players had to be ejected. officials from both departments not yet commented on the brawl. patti ann: oscar pistorius taking the stand today in his own defense at "the blade runner" murder trial. the double amputee olympic athlete apologized to reeva steinkamp's family and went on to explain what he says happened the night he shot and killed her. prosecutors tried to paint pistorius as a hothead, obsessed with guns, who killed steenkamp after an argument but the defense claims he shot her by accident, thinking she was an intruder. joining us now, heather hanson, a trial attorney and jonna spilbor, a criminal defense attorney. thank you both so much for joining us. heather, it is all very interesting the stuff he was

saying in court this morning but none of answered questions relevant to his guilt or innocence. >> that is truly the case. in the united states of america that would not work. all of the stuff he was testifying today, his religion, his relationship with his mother, the fact that he loves dogs. the fact that he works with charity s that would be saved for the mitigating phase. we haven't gotten to any of the real issues in the case. i anticipate he will be on for a long time in order to get to those issues. patti ann: john that that, he -- jonna, he apologized to the steenkamps. he cried, he vomited. he has done this several times during the case. we ran a clip, audio of him really falling apart there. you think that the judge is sympathetic to any of this. >> i actually do. i was watching her as he was testifying. as she was watching him. she, forgive me, she looked like she wanted to get off the bench to give him a hug. that is how much i thought she was sympathizing with him. i thought he was being genuine and listening to his testimony,

how often if ever, we ever heard of accused murderer take of the stand and first words out of his mouth, i'm sorry. that never happens. i think he is, i think he is being genuine in this testimony. patti ann: what do you say, heather? it hinges on his state of mind here. >> i don't really think it matters. whether he is genuinely sorry, i'm sure he is. it may matter a little bit for the premeditation. ultimately a lot of what he is saying today. what matters are things we all want to hear. why did you shoot through the door? why were there screams? were you screaming? how do you scream? there is all the talk that he screams in a high-pitched way. we may have to actually hear that in order to convince the judge. the stuff we're hearing today is to establish some sympathy but it is really not that important when it comes down to the fact of did he think about doing it before he did it. patti ann: eventually, jonna, we are going to have a cross-examination. are they going to ask these questions heather was talking about? the issue of the scream, was there a scream or not? witnesses thought they heard

screams. was there an argument? witnesses say they heard an argument. when did they eat? which becomes relevant to the case. are we going to get that on cross? >> you betcha. the cross-examination will be explosive because the prosecutors want to dig into him. if you think about it, they have to, they did not present an ironclad case in their case in chief. they simply didn't. they have to attack his state of mind and i think what he is trying to establish with the sympathy factor, i was acting reasonably. because at the end of the day the judge will have to make that determination. he may have not intended to kill her but was he asking reasonably when he shot through the door? that will be the crux of this case. patti ann: heather, one of the things he mentioned growing up his dad wasn't around much and his mother slept up with a gun under her pillow. some times she would wake up the children because she was afraid they were being burgled. i don't know, there is goes to the heart whether or not he could have mistaken reeva for

intruder. that is sort of the norm in south africa. everyone would agree the crime rate is huge. it will go to the fact whether or not it was premeditated. as jonna said whether it was reasonable for him to believe an intruder was in the bathroom and not eva. there is lot more to be said about that but they're laying groundwork to say it was reasonable. patti ann: we'll talk more about this in the 12:00 hour. thank for joining us, heather and jonna. jon? jon: violence and unrest is escalating in eastern ukraine. what protesters demanded as they stormed government buildings there and why the country's prime minister is blaming all of this on russia. plus, we're learning more about the latest massacre at fort hood and what may have led a soldier to go on a deadly shooting spree. ♪

♪ [ male announcer ] help brazil reduce its overall reliance on foreign imports with the launch of theountry's largest petrochemical operation. ♪ when emerson takes up the challenge, "it's never been done before" simply becomes consider it solved. emerson. come on. framily is not a word. is the f from family or is it from friends? or did they just add an r? forget about that. it's not a word! dad! it's like spork, or keytar.

you're my frather, i'm your fron, this is our framily. you can't just mush words together like that. uh gu gu. [ speaking french ] oh, guilty as charged. he does love brunch. daddy does love brunch. [ male announcer ] with rates as low as $25 a month each, who are you gonna add to your sprint framily? [ dad ] happy connecting. dominique wilkins, are taking charge of their type 2 diabetes with non-insulin victoza. for a while, i took a pill to lower my blood sugar, but it didn't get me to my goal. so i asked my doctor about victoza. he said victoza works differently than pills, and comes in a pen. and the needle is thin. victoza is an injectable prescription medicine that may improve blood sugar in adults with type 2 diabetes when used with diet and exercise. it is not recommended as the first medication to treat

diabetes and should not be used in people with type 1 diabetes or diabetic ketoacidosis. victoza has not been studied with mealtime insulin. victoza is not insulin. do not take victoza if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza or any of its ingredients. symptoms of a serious allergic reaction may include swelling of face, lips, tongue or throat, fainting or dizziness, very rapid heartbeat, problems breathing or swallowing, severe rash or itching. tell your doctor if you get a lump or swelling in your neck. serious side effects may happen in people who take victoza including inflammation of the pancreas (pancreatitis) which may be fatal. stop taking victoza and call your doctor right away if you have signs of pancreatitis, such as severe pain that will not go away in your abdomen or from your abdomen to your back, with or without vomiting. tell your doctor about all the medicines you take and if you have any medical conditions. taking victoza with a sulfonylurea or insulin

may cause low blood sugar. the most common side effects are nausea, diarrhea, and headache. some side effects can lead to dehydration, which may cause kidney problems. if your pill isn't giving you the control you need, ask your doctor about non-insulin victoza. it's covered by most health plans. jon: happening now, new violence gripping ukraine. pro russian separatists seized several government buildings and more cities in the eastern part of that country. protestors carrying russian flags and calling for a referendum against kiev. this part of ukraine has been the center of growing unrest for weeks now. the country's prime minister blames russia, accusing moscow of trying to dismember his country. greg is following this live from our london bureau. what is the latest there, greg? >> jon, we've been tracking the very troubling news from eastern ukraine. the president of that country saying we could be seeing a replay at what we saw in crimea.

pro russian activists, some armed, seizing and storming government buildings in three different cities in the east, not far from the border with russia. our contact on the ground with ukraine now saying that protestors could be holding facilities in all three locations. separatists there declaring the region independent, calling for a referendum. top security officials from kiev rushed the region. we're told in operation to seize back the buildings, to arrest those involved is in the planning stages. while the numbers involved in these takeovers are small, maybe a couple of hundred of activists in each location, the potential for bloodshed is big. potential for russia getting involved is big, too. jon: what's russia's role in this? >> they've been laid back about there. some are saying they're following the developments in the eastern ukraine. what we've been hearing on during our time on the ground there, just like what they said

about crimea, they weren't interested in protecting the rights of ethnic russians in ukraine. all this happens, as we all know, as tens of thousands of russian troops remain poised on the other side of the border from ukraine. new confirmation of that today from officials. ukrainian troops remain poised in the ukraine to fend off any attack. we're getting some information from officials that russians are already coming over. double agents trying to come up with a pretense for russia to go in. one thing, jon, that our viewers should remember, eastern ukraine, a little bit different from crimea. the feeling for russia, that is to become independent from the ukraine and then maybe join up with russia, left there but moscow has never, as we've been seeing, let the facts on the ground get in the way of what they wanted to do. we're watching it all very cl e closely. back to you. jon: we are skeptical about who is leading the protests and where the people are coming

from. greg live from london, thanks. patti ann: we're just a few hours away from learning more about the fort hood shooting. officials are holding a news conference this afternoon on the deadly investigation into the deadly rampage. army specialist ivan lopez opened fire last wednesday. three soldiers were killed and 16 injured before he took his own life. rick is live from fort hood. hi, rick. >> hi, patti ann. this community struggles to heal. not just tens of thousands of soldiers here but tens of thousands of civilians are on and off the post every single day and tragedy has struck here before. we saw the town come together at churches across central texas, including first united myth -- methodist, lighting four candles

for the lives lost and shedding tears. >> tragedy is never the last word and this community knows that because they've experienced it and they know that god will see them through. the resilience, the support of each person in the community, the support that the military is able to give in situations like this, i believe that this community truly knows and lives that the tragedy is not the last of it. >> it appears that an argument over paperwork may have been the trigger event for last wednesday's shooting. according to a soldier who was there, the specialist lopez went into an h.r. office seeking a request to leave form but was denied. he was told to come back the next day. according to reports, he stormed out and returned, opening fire on a supervisor and then shooting others at random in two buildings and from his vehicle in between the buildings before turning the gun on himself. general mark miller, base commander, confirmed to me this is something that investigators

are looking at, that he had serious mental illnesses, including depression and anxiety and as he told me, he never know what might make a person snap. this shooting renewed debate over allowing more service members to carry members on posts. soc some argue they would be better to defend themselves if they remember armed. now only military police and police officers are allowed to carry firearms on military bases. patti ann: rick, thanks. jon: fox news alert going to take you for a quick moment to a high school in maryland. president obama just took a tour there. it's a cool -- school that serves primarily low income families. he's talking about education. he's announce the winners of his youth career connect program. that program launched last fall to bring educators and employers together to redesign the high school experience in this country. the millions will receive -- i'm

sorry. the winners will receive millions in federal grants. we should point out that the high school also received a $7 million grant from the department of labor to design its health science system. seems like an awful lot of money but i'm sure they like it there. we're monitoring the comments and we'll bring you any big headlines from the president. wall street continues its downward slide. the markets are lower again today. 105 points, this after a triple digit selloff on friday led by some biggest names in tech. all of this just as earning season gets started. dagen is joining us to talk about why all of this is going on. >> and trying to find some good news in all of this, jon. the selloff has been concentrated in technology stocks, social media stocks, bio technology and these in recent history have been the highest

flyers. and they got expensive and that's where you've seen the selling. thank ofly you've seen money shifting out of those expensive stocks but into kind of old school industrial names like caterpillar, union pacific. if you look at alcoa talked about the earning seasons, they do that very same thing for the markets tomorrow. old aluminum company, that stock is up at least through last friday, up more than 50% in just the last year. and a lot of people, they like the value that they can find in these names. they're less expensive than the technology companies but also, it says something about the broader economy. these older school industrial stocks can do well. it means that the economy might very well be picking up steam. jon: and what about all of this concern about, you know, the marks being rigged, that new book that's out? did that have anything to do with the selloff? >> i would say no. others might suggest it did. you're talking about the michael

lewis book about high frequency trading. i hate that word rigged because it makes a sweeping statement about the entire stock market and it really discourages potentially individuals from owning stocks when they've already turned their backs on stocks. you have stock ownership in this country at the lowest levels in many, many years. there's certainly -- michael lewis, and he's not the first one, has touched on a problem of these very high frequency traders using technology and front running, which normally is illegally, front running on other people's trades but if you want to own shares in a company, it's a choice. you can loan money to uncle sam by buying treasuries or you can own a slice of american business. if you buy and hold for a long period of time, that -- what's going on with this trading and this scandal shouldn't make a difference to you. jon: and what about warren buffett, that story about his

investments? not looking like they used to. >> i saw that. it was in "the new york times." it was some research done for the last five years, warren buffett has underperformed the s&p 500 index but that just backs up something he's talked about. he's leaving money in a trust for his wife and he has told his advisers to put the majority of that in an index fund, in an s&p 500 index fund because it is very difficult for your average investor, even buffett on year after year after year to beat the broader market. it's a cheap and easy way to own a chunk of the u.s. stock market. buffett is giving advice that his shareholders might have wanted to follow the last several years. jon: and people who bought alcoa a year ago is happy through today. >> they're up 50%. just this year, the stock was up 19%. do you know why? you're a car guy. rolled aluminum, ford and

general motors are going to start using aluminum to make their pickup trucks. people see that as a great growth opportunity for alcoa. jon: f 150, already aluminum. >> out later this year. thanks. jon: dagen, thank you. patti ann: annual spring break party spirals out of control. a riot erupts. why college students clashed with police. we'll tell you that story live. and the death of a hollywood legend. the world remembers mickey rooney. we'll look back at his career next.

patti ann: annual spring break tradition turns violent at a southern california university leading to more than 100 arrests and several injuries. here are details.

>> hi. this annual street party that features all the sorts of things that you would expect like music, dancing, large crowds and boos, dangerous situation very quickly saturday night. this riot broke out shortly after a university of california, santa barbara police officer was clocked in the head with a backpack that had large bottles of booze inside. the crowd, close to 15,000 people, was already difficult for police to contain as you can imagine. law enforcement from nearby agencies were called to assist. some partiers were throwing bricks at officers, sending six to the hospital. it reportedly took tear gas, grenades and rubber bullets to disperse the mob. the party took place in isla vista, close to santa barbara. ucsb was named the number two party school for 2014.

this was something that most likely no one will be proud of in coming days. patti ann: thanks. jon: hollywood mourns the loss of a legend today. mickey rooney has died at the age of 93. two-time oscar winner carving out a one-of-a-kind legacy over his nine decade career. julie is live with the fox 411 on that. >> he's been an actor literally practically since birth. born in 1920, mickey rooney spent his entire life doing what he loved. you can say he began his career at 17 months old, appearing in his parents' act. he would carve his way to become one of the top box office stars. his talents were limitless. he was the all american teenager paired with judy garland and top quality musicals such as "babes in arms" and "girl crazy" and he starred in hardy family film

series playing the role of an ohio teenage he were. in 1939 he won a special academy award for bringing the spirit and personification of youth and setting a high standard of ability and achievement and his fame continued on television, too. in 1957, rooney received an emmy award nomination for his captivating role in "the comedian." he also won an emmy in 1981 for outstanding lead actor in a limited series and in all, he appeared in about 250 films and tv programs, although he stayed busy, he had his share of challenges. for starters he was just over five feet tall which limited him in his film roles. off screen he had his fair share of struggles as well, gambling, drug addictions and eight marriages later he struggled with death. a victim also of elder abuse. in 2011, rooney testified before congress on discrimination against the aged and fought his

stepson in court to regain control of his own estate. according to the associated press, rooney passed away yesterday at his north hollywood home with family by his side. a remarkable life. 93 years old. jon: what a legacy. thanks. patti ann: is the desire to hurt others a good thing? coming up, you might be surprised what researchers have to say. we'll look at a brand new study examining the science of spite. and new research on the airline industry. are passengers waiting longer than ever for their flight? which carriers are the worst culprits? so ally bank really has no hidden fees on savings accounts? that's right, no hidd fees. it's just that i'm worried about, you know, "hidden things."

ok, why's that? well uhhh... surprise!!! um... well, it's true. at ally there are no hidden fees. not one. that's nice. no hidden fees, no worries. ally bank. your money needs an ally.

these days, everything is done on the internet. and tomorrow you'll do even more. that's what comcast business was built for. slow dsl from the phone company was built for stuff like this. switch to comcast business internet. then add voice and tv for just $34.90 more per month. and you'll be ready for tomorrow today. comcast business. built for business.

jon: there it is a new report on the airline industry that shows more planes are arriving late but fewer people seem to care. consumer complaints fell by 15% last year while the number of lost bags and delayed flights actually rose. the survey gathered data from several airlines, including on-time performance, how many flights were cancelled and how many were overbooked t. gives top marks to virgin airlines. coming in last was regional carrier, american eagle. patti ann: new research on spite. it's a complicated human emotion usually seen as a petty desire to hurt others. now researchers are taking another look and they found that spite could be a good thing and maybe even necessary for maintaining order. chuck williams is a psychologist at drexel university.

let's get some examples from the "new york times" article that discussed this new study so we know what we mean by spite here. they're saying let's say they ask someone, if someone complains about your yard, do you make it look worse to spite them? if someone says i'll take a punch, someone that gives two punches will be spiteful. >> you have to remember what happens is we get sort of a high, a natural high, a rush when we do these things, sort of getting a person back for doing something that we think is wrong, either to us directly or to someone else. that reward, that high that we get, it's kind of hard to ignore even though in the short-term or the long term, we may be harming ourselves. like, for example, if someone cuts you off and you're late for work and you follow them for 15

or 20 minutes, it's crazy, right? you're going to be late for work. but that high we feel, that rush we get, it's hard to walk away from that and not engage in what we call spiteful behavior. patti ann: that's one, if you want to call it, a benefit of spite. it makes you feel better like you got some sort of revenge. but the other benefit according to the study, is that you're helping to let people know what is acceptable in society by letting them know you can't get away with doing that. i'm going to just get back at you a little bit and put you in your place. and that it actually has -- spite has its place in society for that reason. >> right. spite has a way, according to the study, of maintaining a social order. for example, if you're supposed to hold the door for, you know, a woman, an older woman or help an older person cross the street and you don't do that and you're rushing over them trying to knock them down, somebody may get in front of you and walk

slower. the message is that it's wrong to behave in these ways that violate social norms and rules about how we need to conduct and comport ourselves in public and in society. patti ann: i get that but, you know, people go way too far. one of the other examples we hear about is a man, for example, who was in a bitter divorce and threw out all of his money because he didn't want his wife to get half, things that are really counter productive and things like a waiter spitting in your coffee because they don't like how you treated them. how does that change your behavior? isn't spite very counter productive and spiteful? >> right. just like aggression. aggression can be healthy, right? it can be unhealthy. i compare it to like a glass or two of wine. you have a glass or two of red wine and it could be good for your cardiovascular system, god for other things. it may even prolong your life.

but if you're having like a case of it, having three or four b g bottles of it, it's unhealthy. it's finding balance patti ann: thank you for join us. >> thank you. jon: has it affordable care act reached its goal?

patti ann: new hope in the search for flight 370. positive developments may be announced in days, if not hours. that's according to malaysia's acting transportation minister. this after chinese and australian ships picked up signals from the indian ocean. do those signals come from the plane's black boxes? time is a major factor. batteries typically run out in a month which means they could expire at any time. we'll have a live report on the investigation in just a few minutes. we are looking at a brand new

gallop survey that finds more americans getting health insurance. welcome to "happening now." jon: high noon on the east coast right now. gallop's numbers are showing a more modest boost in coverage compared to the obama administration's figures, at the end of last year, number of adults without insurance was 17.1%. that number now dropping to 15.6% in the first three months of this year. the lowest number of uninsured since 2008. joining us to break this down, bret baier, anchor of "special report." "new york times" has the headline of health insurance reaches new low. what is the story behind the numbers here? >> it is significant. administration will be touting it just as the gallop survey shows. the numbers are going down. what the breakdown of numbers is

and how many are based on medicaid expansion, how many are based on private insurance, how many are newly insured based on the obamacare law, i think, is not detailed in this but the overall number, it seems, is accurate. that is something the administration will say is a good thing. there's a long way to go, however, between the numbers and the reality of what it means for people around the country, whether they're seeing premiums go up, whether they're seeing the coverage they want to see from their health care. when we talk about numbers and the reality of each individual's health care situation is, you know, a very different thing. jon: medicaid expansion could be a big part of this. the federal government really isn't releasing a whole lot of numbers regarding, you know, whether people have signed up under the affordable care act, whether they've been at the

medicaid roles and so forth. >> we still don't have the number of people who were insured, lost their plan because it didn't meet up with obamacare guidelines and then got back in the system from the website or through independence insurers. we don't have that breakdown, either. i think politically this has been a couple of good weeks for democrats and for the administration. and whether over the time they can capitalize on that and somehow change some of the dynamics of the real impact of the law and what people are feeling about it, we'll have to see. but there's a lng time between now and november and there's also a long time for insurance companies to recalculate those premiums for everybody. not just obamacare resip y sicr. jon: it's going to remain a big issue. president was in the rose garden last week crowing about the numbers but this bill, this law is about way more than numbers.

we're going to have to see the functionality of it as it goes forward, whether people, you know, pay the premiums, whether the health insurance companies are able to actually pay for people's health care without going bankrupt. >> sure. and that's a big part of it. we hear about narrowing networks in certain states. they have to go to a different place, another part of the state for coverage that they had around their current community. that's not sitting well with a lot of people. we hear stories of new hampshire and other states where that's happening. there are going to be upside stories and there are going to be downside stories. and the question; when you get to november, where is the net balance and how much does it affect people's vote when you get to that point? jon: and you mentioned earlier, some detractors of the overall obamacare health care reform program are saying just because

you have a number of people signed up for insurance doesn't necessarily mean that they are people who didn't have insurance before. they may have been people who were kicked off their plans that didn't meet the bal obamacare requirement. >> they hope it will keep gathering momentum and that they're eventually going to see the polls turn. whether that is a reality or not, i think, is too early to tell. you have people like ezekiel emmanuel and he says that many employers are going to drop coverage. if the employer mandates are in effect, you'll see more pain, at least at the beginning and even supporters acknowledge that could happen. when that happens and if it happens, that is going to jolt the system and it's going to affect people as well.

jon: more to talk about tonight on "special report". thank you. patti ann: a fox news alert. a breakthrough in the search for flight 370. ships are deep in the indian ocean consistent with those of a plane's black box. it's being called the most promising lead so far. but time is not on the side of this multi national effort. chief intelligence correspondent is live in washington with more. >> thank you. it's the highly fluid situation this morning and if there is another positive hit, the australians heading up operation ocean shield say the search will go to the next level. >> if another acoustic event from that ping locator, that will be the trigger at the moment to launch the autonomous underwater vehicles with sonar and potentially camera for mapping and visually looking at the ocean floor. >> this morning crews are engaged in the detailed grid search of the highly defined

area reportedly about three square miles and it's called triangulating the target, in this case what may be the black boxes. navy is providing new video of the equipment used to find the pings. if the batteries go dead, which could happen any time, the navy will then engage in a sonar search which is a slower search and does not rely on the auditory cues. >> when there needs to be a shift to a sonar search. much slower process and i'm sure at that time, whether we acquire it or not, with the pinger locator now, the area we're in will certainly be a high priority area to conduct that sonar search. >> ntsb labs here in washington, d.c. are prepared to handle the black boxes if they are recovered and that is the wish of the malaysian authorities leading this investigation. the black boxes contain two buckets of data.

first the most telling in this case is the series of inputs containing the status of the aircraft, including air pressure, speed, altitude and the mechanical status that can show a catastrophic failure. less telling is the cockpit voice recorder which records over itself every two to three hours and will not show the vital first hour when the copilot signed off and the plane made the abrupt left-hand turn. patti ann: thank you. jon: severe weather slams the southeast. an apparent tornado touching down in mississippi with thunderstorms causing evacuations and prompting flash flood warnings across the south. here is the latest on that. >> in fact, right now in mississippi, rescuers are searching for a 9-year-old girl who was last seen playing near flood waters approaching the back of her parents' house. right now local authorities fear that the little girl may have been swept away by strong currents. flooding has been stranding motorists throughout portions of

mississippi and alabama. near birmingham, firefighters used boats this morning to rescue residents who became stranded in their apartment complex after the parking lot filled up with water, leaving dozens of cars submerged. covington county, crews are using chain saws to clear fallen trees after suspected tornado touched down. heavy winds toppled a church steeple. at least seven people suffered minor injuries. utility companies are reporting scattered power outages throughout the region and it's not over yet. emergency management officials are urging people throughout the south region to plan in advance where they'll seek shelter in the event of a warning for a flood or a tornado in their neighborhood. back to you. jon: jonathan, thanks. patti ann: a memorial unveiled featuring messages of hope nearly a year after the boston marathon bombing. the exhibit giving folks an up

close look at momentums in the days after the terror attack. jon: everything from cards, t-shirts and banners to running shoes, it has been an emotional project for boston city archivists. the city's mayor, talking about what these items represent. >> these tokens of compassion bear witness to something special. something that is important to all of us. there are symbols of a wider community. they remind us we're not alone. they remind us by coming together, we have the strength to persevere. jon: that attack left three people dead, injured more than 200 others. the surviving suspect, dzhokhar tsarnaev, remains in jail awaiting trial. there's growing outrage about the man chosen as iran's new ambassador to the united nations. someone involved in the hostage crisis at the u.s. embassy in

1979. one former hostage talked to us about what he wants the obama administration to do about this guy. plus counting the votes in afghanistan after a presidential election. what it means for u.s. troops in that country. ♪ [ male announcer ] when fixed income experts... ♪ ...work with equity experts... ♪ ...who work with regional experts... ♪ ...who work with portfolio management experts, that's when expertise happens. mfs. because there is no expertise without collaboration. mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutrition inharge™.

dive into our salmon bruschetta atop a buttery crab risotto, [ bottle ] ensure®. the new spring seasonal menu is now at olive garden. or fall in yum with our chicken primavera, always served with unlimited salad and breadsticks. the all new spring seasonal menu at olive garden.

[ female announcer ] some people like to pretend a flood could never happen to them. and that their homeowners insurance protects them. [ thunder crashes ] it doesn't.

stop pretending. only flood insurance covers floods. ♪ visit floodsmart.gov/pretend to learn your risk. jon: afghan voters turn out in huge numbers to elect a new president. this despite threats from the taliban which is attempting to derail the democratic process in that country. >> jon, this was a crucial election for afghanistan and the united states. expectations were fairly low because previous elections have been marred by violence and low voter turnout and also fraud and corruption. but we are seeing a huge improvement here in afghanistan from this election. seven million afghans turned out to vote, including huge numbers of women and young afghans.

the taliban here battled to disrupt the election but security force dz a really good job, allowing voters to go to the polls and vote. it's no secret president hamid karzai's relationship with the united states is at an all-time low. he's refused to sign a bi lateral security agreement with the united states which would allow the pentagon and the white house to then make a decision how many troops will remain in afghanistan going forward. all the major candidates who are seeking to replace the outgoing president hamid karzai have said they will sign this bi lateral security agreement once the new president is chosen, sometime in the next couple of weeks. the new president is likely to sign that agreement with the united states. the pentagon will look at a residual force of 10,000 american troops or so here in afghanistan to help train and equip the afghan security forces and also to battle any remnants of al qaeda and the taliban that

may be remaining in the country. but first this election has to be completed. there are concerns about voter fraud. so far the election seems to have gone better than anyone has ever expected in terms of the previous election so a lot of good things here happening but there's still the potential for fraud going forward and that once the new candidate, once the new president is chosen here, the united states will sign the bi lateral agreement with afghanistan and we'll get a sense how many american troops will be in the country going forward. jon: let's hope for some stability there. thank you. the fish is setting up shop inside one man's home. the discovery that's being compared to something out of an indiana jones movie. also oscar pistorius taking the stand in his own defense. will his testimony help or hurt his case? >> i was trying to protect

reeva. i can promise when she went to bed that night, she felt love. i've tried to put my words on paper many, many times but no words have ever sufficed. i do a lot oresearch on angie's list before i do any projects on my home. i love my contractor, and i am so thankful to angie's list for bringing us together. find out why more than two million members count on angie's list. angie's list -- reviews you can trust.

jon: it is being called a real life indiana jones art collection. the f.b.i. raiding the home of 91-year-old donald miller near indianapolis. officers say they seized thousands of native american, russian and other artifacts and it's completely unclear how he obtained this massive collection. laura joins us with more on that mystery. >> this is a wild story and still no word how the elder artifact collector got his hands on so many rare items that he allegedly hid both inside and

around his remote home in indiana. investigators descended on his house after several months of investigation. a special agent on the case tells me they are wrapping things up today and clearing the scene. the f.b.i.'s indianapolis office, i should say, had reportedly received a tip that miller fls hoarding countless items of historical importance. once on scene, agents erected tens and went to work assessing the collection. it looks like artifacts were collected from miller over the past eight decades. one local expert i spoke to today helping the f.b.i. figure out what is what says that miller's collection is bigger than anything he's seen in some of the world's largest museum. u.s. attorney's office in indianapolis will be the agency to decide if charges will be filed after the investigation is complete, which could take months. f.b.i. tells fox that miller is cooperating with investigators so far. back to you. jon: what a strange story.

and some of this story they're thinking may be essentially stolen? >> they're not saying how he acquired it. some may be stolen and some may not. jon: that will be fascinating to see the inventory. thanks. there's a growing backlash against iran's choice for its new ambassador to the united nations. the diplomat took part in the 1979 seizure of hostage americans. 52 americans held for 444 days, beaten and tortured at our embassy in tehran. former hostages are calling the disappointment the ultimate insult and now they're urging the obama administration to deny this ambassador a visa to enter the united states and take up his new post. patti ann: our next guest is one of the 52 americans held hostage in iran nearly 35 years ago. rocky, how does this make you feel?

>> it is really -- it's like salt in the wound. the american people in the u.n. and hope. ly our people will remember on november 4 of 1979, 52 men and women, americans, were raped of their freedom, their dignity and their pride. that day, this individual along with other iranians burnt our american flag in front of us. i didn't see it. we were blindfolded. we were locked in a room for the next 400 days and now this individual wants to come to our country and live under the flag that so many people fought for. it hurts. patti ann: it's not clear what role he played in the crisis but he was there. does it matter? >> let's do a little role play. you and i rob a bank. you're driving the car. i go in and rob the bank. i come back out, get in the car and we get away. are you still involved in that robbery? >> oh, yes.

>> so he was there. the nice thing about it, he does volunteer the fact that, yeah, he was there. he participated. if you participate in that event, you committed an international crime by attacking an american embassy and holding hostages for 444 days. i mean, he's a terrorist in my eyes and hopefully the u.n. and the obama administration will see it like that.ow what? i will never forget being tied to, you know, a chair for the first 30 days and being locked in a room, going through russian roulette, mock firing squads and we went outside seven times out of 444 days. so how do you ever forget that? how do you forget somebody that even participated in such an event? and like i said, for that person to come to my country and live under my flags that so many people fought for and died for, eight people died in the desert to try to come to rescue us and this person, he was involved with it.

he's a terrorist. patti ann: why do you suppose he would be appointed knowing how controversial it would be? is this a test? >> well, it's not only a test. i can tell you that when we were under interrogations and each day for 144 days there were guns put at us and they had always told us, it is not you, the american people, we hate. it's your government. but we will use you to humiliate the government. and that's what they have done for 34 years. iran has never been held accountable and so why wouldn't they continuing to? nothing has ever happened to them. patti ann: so your fellow hostage is leading the push for president bam to reject his visa application. is there progress on that front? >> i'm hearing that there is but i really don't know. you can only hope and pray that people that are responsible for

making this decision, they look back and they remember what happened to 52 men, americans that were taken those 444 days and make the right decision. i'm praying that they do make the right one. patti ann: thank you so much for joining us. jon: i believe the language says that you don't have to let a diplomat into the country if the person has been convicted of a crime. taking hostages is a crime. maybe he's not been convicted but if he was part of it, why not use that? hillary clinton dominating the polls as the democratic frontrunner in the 2016 presidential race but she has been there before. what mrs. clinton could be up against in a key state where she had a tough time in 2008. also an exclusive look inside a sophisticated drug smuggling tunnel. >> we're inside a super tunnel that runs from tijuana to san diego.

we'll tell you why this is so sophisticated and exactly how it was busted coming up after the break. oh! the name your price tool! you tell them how much you want to pay, and they help you find a policy that fits your budget. i told you to wear something comfortable! this is a polyester blend! whoa! uh...little help? i got you! unh! it's so beautiful! man: should we call security? no, this is just getting good. the name your price tool, still only from progressive.

jon: happening now, oscar pistorius taking the stand in his own defense telling a court his version of what happened the night he killed his girlfriend. the track star is accused of premeditated murder in the shooting death of his girlfriend. he claims it was all a terrible accident and he thought she was an intruder.

pistorius began his testimony with a tearful apology to her family and he asked the camera in courts not show his face. >> i would like to a pole giz. there hasn't been a moment since this tragedy happened that i haven't thought about her family. i wake up every morning and you're the first person i think of, first people i pray for. jon: let's talk about this with a trial attorney and also a criminal defense attorney. i want to start first with some of the testimony from a defense expert, a pathologist who was essentially hired by the defense to give testimony in this case. let's play some of that testimony now. >> i think that it may be a -- there's likely a lapse to be a couple of seconds before that person is capable of reacting and if the shots were fired in

rapid succession, in a period of four to five seconds, i think that the deceased would have been struck by the bullets before having the opportunity. jon: had to do with the testimony about witnesses who heard screams amid the gunshots and this was testimony from one of pistorius' experts who seem to be saying, she couldn't have been screaming if she was being shot at. >> huge testimony that got lost in the drama of oscar's testimony. those screams are important for the prosecution case, that she screamed, that he had time to think and sets up the premeditation. if you believe this expert today that it happened that quickly, it supports oscar's version of the facts. jon: valuable witness? >> for the defense, absolutely. remember in the prosecution's case in chief, they didn't really establish beyond any reasonable doubt that there actually were screams. the testimony from that were neighbors who were 600 yards

aw away. this is another opportunity for the judge to decide that, hey, you know, perhaps there was no scream here. jon: we're getting a glimpse into the south african legal system. they want to give every opportunity to the accused because there are a lot of, you know, kangaroo courts that took place in that country under the old system. but to allow the accused to get up and a pole -- apologize to his family was so strange for us. >> as a defense attorney, we don't have that opportunity. it's a huge thing to be able to elicit sympathy that way and it could be very effective. it would never be available here in the united states but it goes toward having the ability as a defendant to put your case forward the way that you want to. jon: obviously there's been a loft injustice in south africa but remember, when nelson mandela started a whole truth and reconciliation thing, if he

just came out and admitted your past misdeeds, that was it. i think there probably is a national tendency to apologize for something and get off the hook. >> it's so different from here. here you have a right to remain silent. people to want apologize all the time. we say you have to shut up because it's going to hurt you if you do. there it's the opposite. we wouldn't hear this type of testimony except at sentencing after someone was convicted here in the united states. jon: we already know that his -- the gun salesman or instructor, i forget what he was but whoever sold him the gun told him, you know, he knew he weren't supposed to bloindly fire at anybody. if there's an intruder, you have to know who or what you're shooting at. it would seem that shooting through the bathroom door wouldn't meet that test. >> those are the questions you're going to hear this week. what were you thinking? did you remember the instruction you've been given from your instrktor? today was the easy day for pistorius. rest of the week it's going to

get harder. jon: i still think the text where reeva sent to him where i'm occasionally or sometimes afraid of you, that has got to be crucial in establishing the fact he was in some cases a scary guy. they had only been together for four months. >> i know and he'll be cross-examined extensively on those texts to try to determine what his real state of mind was. for me, the most powerful thing he said on this stand earlier was when reeva went to bed, she felt loved. so in other words, he's trying to establish not only was i trying to -- i thought it was an intruder. i was trying to protect her, not kill her. i think that was very powerful for him. jon: and there's a lot of question about whether they even went to bed that night because of the clothing she was wearing when she was shot and so forth. >> the pathologist is important on that today, too. he testified that these food left in her stomach could have been at en as early as 9:00 and earlier in the night which is an important part of the defense case saying they had been up in bed and not fighting.

jon: right. one testimony or some testimony for the prosecution suggested that she might have eaten as late as -- well, just an hour or so before she was shot. >> 2:00 a.m. which is unusual time to eat but that was the prosecution part of the case. you heard from the pathologist today that it depends on metabolism and what you ate, et cetera. jon: it's interesting that he didn't want to be on camera. he's already a known figure, a worldwide, known figure and why not put him on camera? >> yeah. you have to honor a defendant's wishes but it certainly seemed -- >> it was obviously emotional for him and perhaps you don't want the camera in your face. jon: he did kill another human being. it's the circumstances of the killing that is under question here. thank you both. fox news is america's election headquarters. right now a new a.p.g.f.k. poll

showing hillary clinton generating the most positive response as a potential presidential candidate in 2016. 46% view the former secretary of state and first lady favorably. but the last time she ran for president, mrs. clinton tripped at the starting line in one crucial state. chief political correspondent is live in washington with more on that. >> that starting line was and is iowa which will be voting for us in 2016. clinton plummeted from first runner to third plate behind then senator obama and senator edwards. she's since never even set foot in the hawkeye state. clinton has actually accelerated her appearances over the country the last month. she accused the media of a double standard last week of a forum called women around the world. she's visit san jose in san diego to round out the week.

clinton is popular all over again in iowa, leading all the polls of potential 2016 rivals but iowa is really touchy for both clintons. bill clinton didn't even campaign there in 1992 and barely showed up for re-election in 1996. iowa has a strange and some would say questionable record on women. the state has never, ever elected a woman governor, u.s. senator or member of congress. >> at the end of the day, it really is candidates coming to iowa, building the infrastructure, getting a campaign team together and leading with iowans. you have to put in the time here. >> chamber of the iowa democratic party says there's no bargains women but clinton has to get there and do some work and she's been letting super pacs and outside groups do all of the leg work in iowa. overall favorability has actually fallen since she stepped down as secretary of state. for this year's midterms, recent "wall street journal," nbc survey showed that 34% say if

clinton endorsed a candidate, that would sour their opinion of that candidate and only about 25% say it would be a plus if she endorsed somebody. jon: i still remember the headlines from the thumping from barack obama. >> pretty much ended it. jon: carl cameron, thank you. we reported last week on federal agents discovering three drug tunnels connecting mexico to the united states. now fox news is giving you an exclusive look inside the most sophisticated of those tunnels. so advanced, it has its own rail system inside. will carr is live, halfway underground in san diego. >> hi, jon. i want to show you why this is so advanced. this is what they call a super tunnel. we're inside of a warehouse on the north side of the border near san diego and when investigators came in here, they found this warehouse filled with pallets. they found this hole and i want to show you what they found when

they went inside. they found this tunnel which is pretty tight fit and ends up running all the way to mexico, about 700 yards or seven football fields. the reason why they call this a super tunnel is because it has lighting, it has ventilation and even an electric rail cart like you mentioned that actually transports the drugs from mexico all the way here. it took guys who were working for the cartel about a year to construct this and it costs around a million dollars. >> we think that it's a big hit when you go through all of that time and all of that effort to then immediately lose the fruits of that effort, it's not a good business model. >> they're constantly adjust to go what law enforcement does and we have to adjust to what they're doing. it's a cat and mouse game we continue to play with them. >> they tell us this is a good old fashioned police work to bust the tunnel. the san diego tunnel task force border control, homeland security investigations and the

d.e.a. all came together to make these busts but they also busted another tunnel that was very close to here last tuesday. there was a third bust as well in arizona. that was busted on friday. that did not have anything to do with these items and i can tell you as well that they arrested a 73-year-old woman in connection with these two and she's now being charged, linked to these tunnels and i want to show you, there's two reasons why this is a big area for these so-called super tunnels is because this is a big import/export area. what the cartels want to do is make it look like they're legitimate businesses. the other reason is the soil here. this is very easy to dig through so what they can do is literally, if they can to, dig inch by inch all the way from mexico to san diego. that way they don't have to use explosives, nobody can hear what they're doing and as you can imagine, that would be a pain staking process. jon: when i think of drunk smugglers, i don't usually picture a 73-year-old woman.

maybe that's part of the reason that she was part of the operation as well. >> that's right. they like to use anybody they can. jon: underground in san diego, thanks. the obamacare debate heating up more. what will it mean to the november elections? our midterm -- our panel is here to weigh in on the midterms plus it could be a big breakthrough for advanced breast cancer patients. the doctor is in to talk about a promising new drug.

♪ have your next burger with a side of awesome. the one-of-a-kind, creamy blend of sweet and tangy. miracle whip and proud of it.

test. test. .... ... ... ... ... ... ...

jon: even though obamacare enrollment exceeded seven million and insurance coverage is rising in the country, it doesn't mean the controversial health care law is out of the woods. weekly standard editor bill crystal refuses to accept the premise that that law is actually working. listen. >> duran corporation says 800,000 people were previously uninsured. the huge bulk of them previously insured so big deal.

he moved people from insurance plans they liked to force them into exchanges. jon: with more on the ongoing and heated debate, alan colmes, host of the alan colmes show. jim pinkerington is a writer. does bill crystal have a point? >> no. jon: why not? >> i have numbers that show also 27% of new enrollees were previously uninsured. there's a gallop number out today showing 15.6% of americans don't have health insurance. that is down from 18% in the last quarter of the last year. that's brand new information. you know, i don't think that bill crystal is ever going to be convinced affordable care act is working. you might say i'll never be convinced it's not working but the numbers seem to speak for

themselves. jon: if the numbers seem accurate, we've blown up the coverage in this country to insure 2 1/2 million people. is that benefit worth it? >> right. the issue back in 2008 when the president was campaigning was 47 million are uninsured so if alan is write and 27% of them are new insures, these are hard numbers to keep track of but the rand corporation numbers are 12%. alan is saying 27%. that's a million and a half or so. that means most of the people who account against the 7.1 million number are people who got shifted from one insurance plan to another insurance plan. that is not a net increase in the insured. mean whiem, as new jersey.com points out this morning, there's a whole plan in new jersey that had 1,800 people on it that just got shut down. they didn't meet the obamacare specifications so it is not clear what is happening in terms of a net increase.

we do know this much. the average of all supports taken shows obamacare. opposition runs at 52%. we're going to see a different reality on this after the 2014 midterms. jon: what about that? if obamacare is the best thing since, you know, sliced bread -- >> i don't think it is but okay. jon: but why is it not more popular? >> it is getting more popular. 64%, according to the bloomberg poll, want to keep it how it is or make slight changes. other numbers show about nine million people bought health care directly from insurers. you have about 4.5 million previous uninsured who signed up for state medicaid programs. three million young people on their parents' plans than weren't before. there's no punishment for preexisting conditions, no

yearly limits. there's a lot more to adjust the number of people who signed up. jon: it's also true that we need -- i mean, it's going to take some time to figure out the net effect of all of this. yes, people have signed up. >> exactly. labor force participation rate has been falling steadily for the last five years. the critics were saying that obamacare would cost people jobs and that appears to be the case. we're 15 million jobs away from full employment right now. you can't say that obamacare hasn't had an effect on all of these things but the 30-hour cutoff of workers and stuff to be covered. alak can rattle off his features but the reality is a slow growth economy, great dissatisfaction with the right direction versus wrong track of the country and a pretty strong feeling in the political community that the republicans are going to have a big victory in november which as mike lee pointed out, that will

make a big change come 2015 in terms of what happens. >> i hope they do run against obamacare and for nothing else. i keep saying, what are republicans offering that's new? what are they going to do to fix it? they don't want to stop giving people health care. what is the positive message going forward to the midterm electio elections? jon: i'm sure the republicans will be on the phone to you after the segment. call for your advice. >> i'm by the phone right now. jon: good to have you on. thanks. >> thank you. patti ann: a new drug offers hope for women with breast cancer. early results are in for a study of a new type of drug. we'll look what they found moments away. (music)

defiance is in our bones. defiance never grows old. citracal maximum. calcium citrate plus d. [ male announcer ] evenore impressive than the research this man has at his disposal is how he puts it to work for his clients. morning. morning. thanks for meeting so early. co on in. [ male annncer ] it's how edward jones makes sense of investing.

patti ann: a new type of drug

provides hope for breast cancer patients. in an early krin i canal trial, researchers say an spermal drug helped advanced stage breast cancer from advancing or getting worse. joining us is senior managing editor of fox health.com. how impressive are the results of this trial, a small trial? >> it is small but impressive. what you're looking at is a drug that has prolonged the worsening, if you will, of advanced metastatic cancer by 20 months compared to, let's say, a control of 10 months. so when you look at that doubling, and there was earlier reports when the medication came out that it was even better, you know, the numbers were even higher statistically so everybody got very excited. you know, that's -- and the numbers are going to be very good for patients and i think that this drug works in a very unique way. it works by really not allowing

the cancer cells to overmultiply in a very aggressive form. sort of puts control back on cell division which, again, if you are recovering from breast cancer and you have minimal disease, it is wonderful now to have a tool to have the cancer remain "as is" for a longer period of time and hopefully better treatments come along the way and eradicate and increase the longevity of the patient. patti ann: skeptics point out it was a smaller study and not big enough for you to make decisions based on it, more study needed. never the the, do you see the f.d.a. fast tracking this? >> i think so. this was 165 patients. it's up to pfizer to see what they're going to do. fiez ser the maker of the drug and there are other pharmaceutical companies looking at this type of inhibitor type of drug with similar results, by the way.

so it's going to be up to pfizer. they can go before the f.d.a. and say, look. we want to fast track this. i think the f.d.a. will want to consider it or say we want a trial with a lot more patients and then not only look at the objectivity of keeping the status quo, preventing the worsening of the disease, but also look at survival rates which in this particular case, there was no statistical difference in survival, overall survival. it was not a factor we're looking at specifically. patti ann: thanks. jon: okay. you have to put on your sun glss -- sunglasses for this video. incredible images of solar flares nasa just released. okay, listen up! i'm re-workin' the menu.

mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutrition inharge™.

[ bottle ] ensure®. and a life of purpose and meaning was infused into a corporate culture. there was a commitment to creating new jobs out of recycled metals, right here in america. and a bank that helped carolyn rafaelian's business grow from a rhode island storefront into a global sensation. that's the beauty of connecting a vision to an enterprise. that's bank of america. >> nasa shows a solar flare erupting from the sun. this is solar flares and large

burst of radiation that you can see as a move of sudden brightness and not expected we are happy to say to have ill affects on our earth. >> good home and get better. >> thank you for joining us. >> america's news headquarters starts right now. they are cautiously hopeful they are close to solving the flight of 370. another ship found a ping. and it is the most promising lead to it date. the jet vanished a month ago. and so much more on that inside of hq. >> off limits. fox news alert shows the