>> still arguing about the college sports thing at the break. >> there is good news. once the summer is here, the air conditi conditioning works. >> "happening now" now starts right now. have a good day, everyone. and we begin with raw, emotion at the blade runner trial as oscar pistorius breaks down, sobbing on the stand describing what happened the night he shot and killed his girlfriend. good morning to you. i am jon scott. >> thank you very much. hope you are off to a great tuesday so far. i happen jenna lee and the at athlete is on the stand for a second day. in a dramatic moment, oscar pistorius took off his legs in

court as he described the terror thinking an intruder broke in saying everything changed >> i started screaming for reeva steenkamp to phone the police. i wasn't sure where to point the firearm. i had to point it at the toilet but my eyes were between the window and the toilet. i stood there for some time. not sure how long. i wasn't sure someone was going to come out of the toilet to attack me. i wasn't sure if someone would come up the ladder and point a firearm in my house and start shooting. and so i just stayed where i was and kicked and screaming. and then i heard a noise from inside the toilet.

that i perceived to be someone coming out of the toilet. and before i knew it, i fired four shots at the door. >> we are not seeing oscar pistorius, but what you did see reeva steenkamp's family and then oscar pistorius's family. we have more from inside the courtroom. >> reporter: today, you could not have scripted this to have more build up. fist, oscar pistorius changed into a t-shirt and shorts and asked to stand by the bathroom door in the court with and without his prosstetic legs and then he started to describe what happened with him claiming in the early hours of the morning on valentine's day he woke up.

>> that is the moment that everything changed. i thought there was a burglar that was gaining entry into my home. >> reporter: he claims he heard a noise from the bathroom window, got his gun and crept toward it and showing us his right hand out stretched as if he was still holding the gun in court. >> where i entered the passage where the closet is to the bathroom, it was that point i was overcome with fear and started screaming and shouting and for the burglar to get out of the house. i shouted for reeva steenkamp to get on the floor and call for police. >> reporter: he became more and more emotional as he described as he inched toward the toilet

and described in details but he said before i knew it, i had fired four shots. the blade run ner claims after firing the shots, he called for reeva steenkamp to call the police, put his legs on, and got the bat and it was when he described when he beat the door and saw her, she started to howl with apparent grief and it became pandemonium. oscar pistorius family members were weeping and the judge could hardly be heard over the cries of oscar pistorius and the blade runner's mother looked on at the scene with a grim face and watched in silence as finally oscar pistorius was led from the court. >> we have a look at what happened inside the court there. and oscar pistorius says one of the witnesses can't be seen on

camera. which is why we are not seeing him. but we will have more of his testimony and how it could impact him with indepth analy s analysis. new drama over obamacare after the house passed a so-called fix and conservatives are calling foul. this is coming after the republicans used a voice video to ease the effect on businesses. >> our goal all the way through this is to protect the american people from the awful affects of this law and continue to try to work to repeal it. over the last three years there has been eight or nine changes to obamacare and the president has signed them into law. this says if you are a small employer and you have a high deductible and copay plan, there are caps under obamacare that

would get rid of almost all of these plans. this took the cap away >> allyson barber is here and she is a staff writing for the "free beacon". one of the problems is this is there is so complicated. but there is a gap on the small businesses? >> right. they said they will eliminate that cap so small businesses no longer have to worry about the cap. >> and it makes obamacare les o o owneress for others. >> right. i asked people on capital hill if they were wordi worried and they were not. this allows companies and employers to offer private plans and alternatives.

so they can offer private alternatives. >> some republicans are saying this law is so bad it has to be repealed outright and they don't want to make fixes along the way that make it more bearable or less problematic for people. >> right. you have some people that would always argue that. but the house has voted 54 times for change. so this is an interim fix. the reality is even if the republicans control the house and senate they will not be repealing the law while obama is in office. their philosophy is let's make a couple tweaks that will not make the law stronger, but let's make it a little less of a burden.

>> is there the feeling they make it more palletable and more a permant part of the landscape? >> you may see that. but i think they will push back saying this isn't a fix, it is a change. because we allow more people to stay on private plans and some people could argue it hurts the affordable care act because you may have less people going into the exchanges and they need more and more in the exchanges if it will succeed. >> isn't a big part of the problem is that there are members of the house caucus that don't embrace speaker boehner and his management of their caucus? this thing was sneaked in there on a voice vote. a lot of these republican members of the house didn't know this particular language was in there. so by doing it on a voice vote,

it kind of, you know, went under the radar so to speak. >> sure. some people may not have been happy but that is one of those things where it is their job to be more attentive. but there is concerns with people on the right saying we feel like you shoved that in and we didn't have time to adequately discuss. that is probably fair. and you may hear it, but it will be from people on the far right >> do you agree this will make it easier for small businesses to keep their employees out of the exchanges? >> i do. with this deductible you were limited in what you could do and a bigger pocket that employers were going to shift employees to the exchanges and now this is

eliminated they can offer more private plans. >> i like how you explain all of this complicated stuff. thanks for coming on. a major clean up after the storms through the south ripping down homes and tearing down power lines. flooding is a big problem and the threat isn't over. >> good to see you. that is right. a risk for isolated severe weather as we go into the today. since late sunday into the overnight hours and sunday we saw 30 reported tornados. two confirmed. one in alabama that was an ef 0 and an ef2 in covington in mississippi. and producing flash flooding in the gulf and in north carolina

there was a reported tornado and it will be confirmed on today. later on this afternoon, we could see some of these storms produce isolated severe weather in florida, including orlando and in miami, and further off to the west. confirmed tornado in alabama and mississippi, those who states could be looking at more storms that could produce isolated weather. parts of arkansas, missouri, indiana, and illinois as well. the storm system eventually does move on out and we will see quiter weather across eastern parts of the country for wednesday. a slight chance of flooding in new england today in new hampshire and maine but that is due to the combination of the rain and the temperatures warming up with the snow

melting. but jenna, i want to show you the temperatures climbing in the 60s in new york city and other parts of the east. as we go into the tomorrow, parts of the midwest could be looking at highs in the 60s including the city of chicago. looking good out there. >> the side effects are not so great but we will take the warmer temperatures for now. >> i have yet to see a tulip. i would like to see one. >> is that a re quest to bring you flowers? >> new research on how your diet affects you and why eating too much junk food leaves a person feeling less motivated and downright lazy. and plus, they have spent the last three days trying to track down an underwater signal possibly coming from flight mh370 and now search crews are looking for the missing plane and have a new game plan.

live report coming up. live report coming up.

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and ask about all the ways you could save. liberty mutual insurance -- responsibility. what's your policy? >> pressure mounting on the search crews trying to find the wreckage of flight mh370 as they scour a remote area of the ocean. peter deucey is live and a lot of questions about this search. why are they use using submarines? >> things slow down once the remote controlled submarine is in the water. the fact the box went quite has officials wondering if they ran out of batteries or if the most promising lead was a false alarm. >> if would go do the visual

search, it will take many days because it is very slow and pain stalking work to scour the ocean's floor and the depths are very deep and it is very challenging. >> reporter: until the mechanical limits of the black box has been reached and it has been under water too long to emit a continuous ping the plan is to keep their ears to the water >> the priority is finding anything related to the plane. what are the crews focused on? >> it is about locating the pinging. ships are trying it condense the search area and sailing in different directions at different headings. the u.s. navy says ocean shield, the one pulling the toad pinger

locater is moving in a latter pattern and that means the same movement a person makes when they mow their lawn. >> we go search an area and we don't find anything, we can eliminate that area from additi additional searching so it is good way to focus our search assets on new areas. >> and right now, the most critical piece of equipment on that australian ship, ocean shield, the toad pinger locater, only works if the batteries on the black box are working. if they are dead, the machine is useless and time to guess where to jump the remote-controlled sub. >> we hope they find something. today could be the day as we have said over the last several weeks. new developments on the deadly mudslide in washington

state. crews are combing through all of the debris and live with breaking news. and a gunman opens fire inside an los angeles police station >> i heard five shots. heard police cars zooming down the street. i jumped up and came out to see what was going on >> what did you see? >> i saw police everywhere.

>> new developments in washington state where crews are still searching through the debris of a deadly mudslide. we are live at the breaking news desk with more. >> most of the victims died of multiple blunt force injuries

and unfortunately a new name has been added to the name. 30-year-old billy spillers who was on the list of missing. we don't have a picture of him. but i would like to tell you about him and his family. he was a naval chief petty officer who lived with his wife and their four children. his wife was at her nursing job when the landslide hit. spiller's 4-year-old son survived and was rescued by a helicopter. his daughter who is five and his step-son who is 13 have been identified among the dead. his 2-year-old daughter brook is among the missing. as the search continues for the bodies, the army core of engineers is working on a berm using a rock and barrel gravel to prevent the river from flooding parts of the debris field and the nearby highway. they are hoping to finish the

fortification in a week. rain is forecasted today causing the river to raise about a foot and that is 2-3 below the high reached a week ago. as of yesterday the number of missing stood at 12 but the medical examiner said that doesn't correlate with the number dead. jon? >> such an awful situation. >> and a scary situation in los angeles where a man walked into a police station with a complaint he said before unleashing a flurry of bullets. william is live with more on this in los angeles. >> jenna, remarkable that he is alive without wearing a vest. after talking to the wound officer this morning we wasn't wearing his vest. this happened at a police

station in los angeles fires without warning and hitting a veteran cop seven times. the officer gets off a few shot and his partner as well. the wounded officer is in stable condition and spoke to the chief from his hospital bed. >> just by the grace of god we didn't lose another one. to be shot seven times at close range by a semi-automatic pistol and be talking to me -- >> police recovered the shooter's weapon and it will be traced for origin and ownership. it was seven miles from downtown. there is no metal detector into the lobby. the gunman walked passed a community meeting taking place

inside the station with 30 residen residents. none hurt but some of the bullets made it in the room. >> it sounded like a cracking noise. when we went outside, we figured, a shooting just happened, oh my gosh. >> the gunman is in critical condition. he had a rifle and more ammunition in this car that was parked across the street. lapd wouldn't tell us the caliber of the weapon. it is either a small bullet or this cop is a walking miracle. >> so glad he is alive. >> that is a lucky cop. emotions running high at the blade runner murder trial in south africa. oscar pistorius recounts what he says happened the night he shot and killed his girlfriend. is his testimony hurting her helping the case? and a new reason to stay away

from processed food. why it could be making you lazy. next.

jenna: oscar pistorius telling his side of the story, describing what happened the night he shot and killed his girlfriend. impact his testimony is having on the case against him. that's the topic of our legal panel. also junk food doesn't always pack on the pounds. it could also impact the way you feel. we'll bring you the results of a brand new study and an all-out

brawl breaking out in the parliament over the crisis in the ukraine. we'll go in depth. >> i was so scared to retreat. i wasn't sure if there was somebody on the ladder. i wasn't sure if there was somebody in the toilet. i don't know. i don't know how long i stood there for. at some point i decided to walk back to the room. i couldn't -- my ears were ringing. i couldn't tell if there was a response or not. i walked and -- i walked with my

hand up. i kept on shouting for reeva. i didn't hear anything. jon: that was more of the dramatic testimony from oscar pistorius in the courtroom. he's not being seen on camera but his testimony is being recorded and broadcast as he describes what went through his mind on the night he shot and killed his girlfriend. now, the defense maintains he killed her by mistake thinking she was an intruder. after the prosecution tried to paint pistorius as a hothead obsessed with guns who killed her after an argument. joining us for a look at the testimony and what it all means, lis wiehl and doug burns, a criminal defense attorney. there was an interesting moment in court where they had him read through some of the texts that the two of them had exchanged and i want to play for our viewers the first one. i found this fascinating. this is him reading a text that

reeva had sent to him. listen. >> every five seconds i hear how you dated another chick. you really have dated a lot of people, yet you get upset if i mention -- i beg your pardon. yet, you get upset if i mention one funny story with a long-time boyfriend. i do everything to make you happy and to not say anything to rock the boat with you. jon: so she's complaining that, you know, he talks about his old flames all the time. she mentions one former boyfriend and apparently he went berzerk. >> this goes to the jealousy thing that we've heard before as a possible motivation that night, that they got into a fight. perhaps she wanted to break up with him and the gun happiness and all of that, the kind of text -- not only this text but a text was also admitted saying you scare me sometimes. those things go to the whole jealousy mode. jon: this is a judge, no jury.

>> you have a judge, two assessors, they're called, which are sort of a semi professional jurors under the south african, you know, criminal justice system but it's interesting. in a trial you get two different portrayals. one, he's a hothead who loves guns. that's the prosecution. then the defense is saying, no, no, he was in love with her. look at this. to lisa's point, what's winning out is the idea that there was jealousy and he was a little bit of a train wreck waiting to happen. jon: he also testified about what happened after he fired the shots. let's play that. >> i put my prosthetic legs on. i ran as fast as i could back to the bathroom. i ran into the door. coy not move at all. i leaned back and i tried to kick the door and nothing happened. i was just panicked at the point that i didn't really know what

to make or what to do. i ran back to the bedroom where the cricket was between the cabinets and the door. >> were you screaming? >> i was screaming and shouting the whole thing and crying. i didn't think -- i didn't think i've ever screamed like that or cried like that or screamed or -- i was crying out for the lord to help me. i was crying out for reeva. jon: that was video of her family sitting there watching, very stoically and almost expressionless as he's talking about how he killed their daughter. he wants everybody to believe, he wants everybody to think that he mistook her for a burglar. >> mistook her for a burglar, that she was there in the bathroom. he said something that was very interesting today, though, too. he told her to get under the bed and to call the police. that's the first time we've heard that. what we've heard before is that

he wasn't sure she was even there. wait a second. that's an inconsistency that i think a judge is going to pounce on. obviously with the family what he's trying to do and he did yesterday, he did this i'm so sorry, remorseful, remorseful, remorseful. >> there's an old saying which is tell the truth. it's a lot easier to remember. the fact of the matter is, if you tell truth, no matter how closely it's looked at, it will hang together. here as i've said before about this case, when you break down and micro manage detail by detail what happened, you're left with the following observations. what burglar locks himself in the bathroom? what girlfriend locks herself in the bathroom and has her cell phone and is wearing gym shorts? >> i just to want say one thing about the screaming and he said he was yelling and screaming and all of that. that's important not just from his testimony today but also remember that neighbor that testified earlier in the trial saying she heard the screaming

of a woman and then the shots ringing out. that's different from what he's saying today. jon: if you notice, he has a very high pitched voice. >> he does. >> but she was pushed on the stand, could it have been a woman and -- could it have been a man and she said, no, no, it was a woman. jon: he talked about going to the window and yelling in another part of his testimony. >> okay. >> i walked up to the bathroom door. i tried to grab the handle and rip open the door, push the door open and it was locked. i then took -- for the first time i turned around with my back facing the bathroom. i ran back to the room and i opened the curtains and i shouted from the balcony, from the door, shot from the balcony for help. screamed help, help, help. i screamed for somebody to help

me. jon: but clearly the shots would have rung out at that point. the other thing is, look. you're applied generic concept of self defense. reasonable fear that your life is in danger. how can that possibly be when you don't know -- excuse me, you don't know who is in the room? it doesn't fit. every time he said i thought, i thought it might be that failed the test of reasonably believing his life was in danger. jon: under south african law, you're supposed to know who it is you're dealing with. >> so that he failed that, excuse me. when he first got the firearms, saying i know i could do that. >> i think it's important to go back to the earlier testimony. he didn't know she was in the bed. he didn't know where she was. now he's saying she was there. that doesn't make sense to me. jon: even though this is -- i'm sorry, this is defense testimony, you think it scores well for the prosecution.

sound like both of you. >> in the sense he's being remorseful, yesterday to the parents, yes. but then when he puts the story together, it falls apart. >> it actually turns out being a smart gamut, probably by accident, which is the remorse. when somebody is remorseful in a case, you don't feel quite as hostile towards them. >> then i thought this, i thought that. it's not about him. it's about reeva. jon: it was halting testimony to suggest that somebody is really trying to maintain a chain of events and not necessarily recalling what actually happened. that's just my assessment. all right. thanks very much. jenna: some growing fears today about another crimea-like takeover in eastern europe. the latest on how russia may be gearing up to invade another part of that country. we'll take a look what happened inside ukraine's government today. plus you know it's not good for you but could junk food also make you lazy? the surprising findings of a brand new study next. dance

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jon: next hour we're waiting for the start of jury deliberations in the case of a houston woman accused of stabbing her boyfriend to death with her stiletto heel. the testimony the victim could have been saved by first responders might impact this case. also new details on an american contractor jailed in cuba. allen gross now on a hunger strike but his lawyer is saying that the u.s. government put his life in danger. plus uconn taking home the ncaa title. we've got a live report on the wild celebrations after their victory last night. jenna: we're going to turn to health now. feeling less motivated than usual? it could be your diet. eating a lot of junk food not only leads to weight gain but can make you more tired and lazy as well. dr. debbie is a practicing physician. so dr. debbie, these are researchers at ucla and they took a look at rats.

why does what we learn from the rats apply to what we could be experiencing as humans? >> even though it's counter intuitive, humans are very similar to rats in terms of their biology and their neurological system so we can learn a lot. in this case, one of the issues is are these high sugar diets? we're talking about things like plain sugar, cakes and pastries, are they affecting some chemicals in your brain that might motivate you? jenna: when you're heavier than you should be, is that a natural conclusion, that you might be less motivated and more lazy as the stereotype goes? >> that's the thing. we have to be careful about the stereotype itself. we have a tendency because our society looks negative ol people that are obese, we might assume that's what the study shows but it could be a few different things. it could be that that chemical is affected. it's a chemical called dope --

dopamine. if this diet, if these sugars affect dopamine, you don't get awarded for work so you might not feel like doing it. you might be less motivated to do different things. in this study in particular, these rats were looking for water. that's what they were trying to to get. the ones on the unhealthy diets had less water. we don't know also if the sugar affected their thirst. maybe they weren't as interested in that. jenna: interesting the study, they said the rats sort of gave up after awhile. the ones that had been eating junk food just got tired quicker and didn't want to deal with it. >> that's true and we've all had that circumstance. if you have a sugary meal, then for a few hours afterward, you're tired. that doesn't mean you're lazy all the time. jenna: when you do have junk food, and we all have it every once in a while, right, is the effect that we could be seeing, the laziness a temporary effect?

could we all be experiencing this on a smaller level rather than a lnger level which is what the researchers are looking at, whether it made you lazy long term? >> that's the difficulty. these researchers may have to look at these rats again, like look at their brains and see, has the chemical been affected. if it's affected overall, like in the brains of the rats, then maybe it could be long term but otherwise, you bring up a point. we have to be careful about what we're experiencing. jenna: no one is forcing you to eat junk food. can you then blame the junk food for your laziness? >> well, i don't know if people can blame something else for their behavior, especially food, but i think one issue is that in supermarkets right now, people tell us or these labels tell us how many carbs are there, how many calories are there but they don't always separate it out into what's unhealthy and what's healthy so it's very difficult for people. then think about the cost factor. unhealthy foods are cheaper than healthier foods. that makes it difficult for most

people. jenna: if we find out that junk food could affect the chemical in our brain, that there could be some sort of panacea for that so we could eat the junk food we want but it won't affect the dopamine? >> that would work but it won't take care of the obesity problem. they could be at risk for diabetes, high blood pressure so we would have to worry about that still. but it might help with the laziness or motivation. jenna: great to see you. jon: can i be a little bothered about the fact that a bunch much rats are helping determine what i geteat? jenna: but dr. debbie explained to us that rats are a great animal model for humans because there's so much overlap in the system. did you know that? isn't that fun to think about? jon: i just want a big mac. that's all. a fix to obamacare sparking some new outrage on capitol hill from conservatives. why a house vote backfired. plus lawmakers getting into a

brawl in ukraine's parliament. tension obviously on the increase in the country's eastern cities. could there be a civil war there? the day we rescued riley was a truly amazing day. he was a matted mess in a small cage. so that was our first task, was getting him to wellness. without angie's list, i don't know if we could have found all the services we needed for our riley. from contractors and doctors to dog sitters and landscapers, you can find it all on angie's list. we found riley at the shelter, and found everything he needed at angie's list. join today at angieslist.com

jenna: right now new concerns russia may be laying the groundwork for military action in the eastern ukraine as the head of nato warns of grave consequences for russia if it moves in. this as an all-out brawl wakes out in the ukraine parliament. lawmakers are very different opinions getting into a fist fight that quickly grew out of control. this happened hours after ukraine had a crackdown on demonstrators and in the meantime, washington, d.c., our government, secretary of state john kerry said a short time

ago, russia is behind the entire crisis. >> russia's clear and unmistakable involvement in destabilizing and engaging in separatist activities in the eastern ukraine is more than deeply disturbing. no one should be feeled and believe me, no one is fooled by what could potentially be a contrived, pretext for military intervention just as we saw in crimea. jenna: michael is the managing director. we're all trying to deescalate the crisis in ukraine. how is it working out so far? >> well, jenna, obviously russia is firmly in control of crimea and that essentially has been accepted in a sense by europeans and the united states without much -- without much or significant pushback and now what we see is a further sort of very concerted when you step

back and look at it russian campaign apparently of intimidation against kiev. we've seen this agitation in eastern and southern ukraine in recent days, obviously. you still have the russian troops parked there on the eastern ukrainian border but you also see, for example, the dramatic increase in gas prices, controlled by the russian government and you see the demand by the russian foreign minister that eastern and southern ukraine be represented in diplomatic talks which would sort of undermine or dismiss the authority of the central government in kiev. jenna: is this consistent with what we've seen the last several weeks and months? it's been ratcheted up. why around sanctions work sng why aren't we deterring them from this? >> the sanctions have been pretty mild. the sanction we saw were largely against a few individuals in russia, one bank in russia and over the long run, that's not likely to have a big impact on the russian economy.

we haven't stepped forward significantly with aid to ukraine. there is an i.m.f. package that would be significant if it's finalized but ukraine's request for military assistance has gone unanswered and you haven't seen any change in the force posture in the region. it is a matter of not wanting to escalate the conflict, not wanting to sort of overcommit the united states but that could backfire as we perhaps are seeing right now playing out. jenna: in the "wall street journal," there was this to say about our administration's policy of trying to deescalate. he says mr. obama has a habit of underestimating his foes. he thought asad would be gone by now. he thinks that vladmir putin as the kid with the bored expression slouching in the back of the classroom. news for the law professor. that kid is smarter than you are. he's bored because you bore him. he's about to eat your lunch.

this is part of a broader foreign policy issue for this administration, michael? >> brett has a way with words but i think he has sort of a very solid point there which is, you know, we talk as we discussed last time, we talk a lot about norms and principles. we talk a lot about deescalation. we don't want to see the situation in ukraine erupt into further violence but basically, principles have no meaning if you don't act on them. deter ens doesn't work without action to show countries like russia that you're serious in your willingness to commit further resources, further force to your policy there. and right now, i think there's a credibility problem. you know, does russia really believe us when we say that we'll increase sanction or say we'll take more serious steps or do they think we're prepared to put commercial interests first or to really sort of walk away from the region once it drops out of the headlines?

committing moscow requires action, not just words. jenna: and that's the question, what further action are we willing to take. thank you. >> thank you. jon: fox news alert. taking a peek at the white house where right now, president obama has a number of women, especially, gathered around him who he is going to be talking about something called the paycheck fairness act. it's a bill that democrats have introduced into the u.s. senate that would require more transparency about pay grades for men and women, democrats think it's a political winning issue for them. that's why they are touting it right now. the president about to issue his support. if you would like to watch the president's remarks, they have them streaming live for you right now on fox news.com. also a battle brewing over the latest so-called fix to obamacare. president's signature law. why it has some conservatives so

upset. we're live with more on that story. and closing arguments in the so-called stiletto murder trial. a woman accused of killing her boyfriend with the heel of her shoe. what both sides need to do to sway the jury next. until you're sure you do. bartender: thanks, captain obvious. co: which is why i put the hotels.com mobile app on my mobile phone. anyone need a coupon? i don't. 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. ♪ i ♪ and i got the tools ira ♪ to do it my way ♪ i got a lock on equities ♪ that's why i'm type e ♪ ♪ that's why i'm tyyyyype eeeee, ♪ ♪ i can do it all from my mobile phone ♪ ♪ that's why i'm tyyyyype eeeee, ♪

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jon: the speaker of the house trying to quell a backlash from some conservatives over a fix to obamacare. welcome to this hour of "happening now." jenna: and house lawmakers voted to get rid of the cap on deductibles for some plans which gives small businesses more flexibility in the plans they can offer. that was a provision for the medicare bill. some call it a hidden provision but it was very much in the bill. after this all happened, critics say the g.o.p. expanded obamacare with that fix. and now speaker boehner's office is disputing that account. our chief congressional correspondent is live with more on this quote, unquote, controversy within the g.o.p. so let's start with speaker

boehner. what is he saying about this adjustment to the health care law? >> republicans we're hearing from the business community concerns about those caps, if you will, on those small group policy, health care policies so they slipped into a fix of the way medicare is reimbursed. this fix of the policy caps and so our colleague asked house speaker john boehner about this repair. >> there's probably been eight or nine changes to obamacare. the president has actually signed into law. this being one of them. what this says is if you're a small employer and you have a heidi deductible and high co-pay plan, that there are caps under obamacare that would get rid of almost all of these plans. what this did was take the cap away. >> this comes as there's a debate internally about whether the ranks should be solely on replacement of the health care law or whether they should chip away at it. this is likely a recognition

that a lot of republicans feel like they're not going to be able to replace the law until perhaps a republican is in the white house in 2017. jenna: what is the reaction from some top democrats on this move? >> well, they seem to be encouraged by it. they seem open to the idea of trying to improve the health care law. they just don't want to get rid of it. >> i hope it's a sign that rather than try to destroy and dismantle the health security that millions of americans now have that maybe there's a kernel of a sign from a republican colleague that they're going to try to work to make things better. >> this is not likely the end of the fight. this is just the house republicans try to make this better for small businesses over probably the next three years or so. jon: thank you. jenna: staying with congress now, the president will play a big role in how democrats fair in the midterm elections this

november as either a friend or a potential obstacle to re-election. in michigan democratic congressman gary peters happily stood alongside the president at a deli talking about raising the minimum wage with voters but as a clear politics article points out, the president is clearly more popular in some places than others. some democrats like florida representative joe garcia and alaska senator are actively campaigning against some of the president's policies. still others like north carolina senator hague en -- hagen are just trying to make the best of it. joining us with a look at the president's effects, the washington bureau chief of the chicago sun times and editor at large for national review online and also a fox news contributor. lynn, you point out that things have changed a gret deal since

2008 when it comes to appearance as long side the president. >> absolutely. when he started travelling nationally, there wasn't a place in america, john, that couldn't -- there wasn't a democrat in america that wouldn't welcome him for his pizzazz, his fundraising appeal and just the positive attention it got. now after years in the white house, that has changed. but what hasn't changed, and this is true for democrats and republicans, you do what you are take in your district or state to win and that's why you have people making their own strategies now. jon: so why is it that so many democrats are keeping him at arm's length? >> because he's not particularly popular and the trend lines seem to be going the wrong way for him and moreover, obamacare is still unpopular with the electorates that are really going to matter in the competitive midterm races and it's not hard since everyone, including the president now, is once again calling obamacare obamacare to link obama with obamacare and that is something

of an albatross for a lot of democrats. it was very telling when obama had his little victory pep rally for when they hit the seven million number, there weren't a lot of democrats who showed up for that ceremony because they don't want to be in ads sort of reendorsing and reinforcing obamacare. jon: you say that he is great as a candidate at selling himself but not necessarily pulling anybody along with him. >> yeah. there's not a lot have evidence, whether it's on policy issue or on a political campaign, of him ever really moving the needle to get people -- first of all, he gave over 50 speeches on obamacare his first year in office. the thing has never been popular, still isn't popular. he campaigned for lots of people in 2010, an off year election. there's no proof it ever helped. he's great at selling himself and very mixed or just basically bad at selling anything else. jon: it does seem, witness the ceremony that's underway in the

white house right now, the fair pay act, it does seem that democrats and the president want to talk about anything in washington right now except obamacare. >> well, did he talk about obamacare when he had the seven million mark and what they're doing today and a lot of emphasis, this is the white house and the democrats in coronation, talking about equal pay that's rallying the female base which is usually a very strong part of the democratic family. and you just -- i think you can't look at all of this as one size fits all. in illinois after obama went to that deli in michigan, he went to chicago for fundraising, took out a lot of money there. the governor met him at the airport. he's saying if there are democrats that don't want the president's time, he's happy to take it. jon: and another politically charged bill has just been passed by the senate, extension of unemployment insurance benefits. it went to the house and it

seems to have landed with a thud or maybe a yawn there. >> yeah. the position of the republican leadership is that there's not a huge ground swell in favor of extending unemployment benefits. there's a huge ground swell in creating more jobs so the position that boehner and the leadership have taken is we'll talk about extending unemployment benefits again if it comes with a good policy of creating jobs. something like keystone pipeline. they think that is a winning position. time will tell whether it is. my suspicion, and you hear this from a lot of people on the hill; that democrats would rather have the issue than the policy win which is why they didn't bring it up in december when they could have -- when they had the house republicans over a barrel. they much rather talk about he can -- extending this stuff rather than actually deliver on it. jon: they could have done it earlier than this. >> i think it was hard.

i don't think it was still hard. in a sense, we've been to this movie before on this issue when the benefits ended in december. the democrats have tried several times to move it. you know, we could talk about the strategy or whatever. i don't think anything would have gotten the g.o.p. controlled house to pass it. i don't see where there would have been that path and right now i do agree that the democrats have the issue more than they'll ever get a vote. jon: yeah. maybe a little negotiation. >> when christmas time is everybody going home, that's a better time to call republicans scrooges than the middle of spring. >> but it wouldn't have gotten it passed, would it? >> we just got the snow off the ground in washington, d.c. let's not envision more before something happens there. thank you both. >> thank you. jenna: now fox news alert as the american contractor imprisoned in cuba goes on a hunger strike. he's been locked way in a cuban jail more than four years after passing out materials about the

internet, something he had done many a time in that country as part of his work for us, the united states government. this was a move, though, that the cuban government blefs was meant to spread anti-government sentiment. we spoke to allen gross' wife in december as she asked the president to help negotiate his release after what they describe as his inhumane treatment. >> from what he describes, i know his cell is very, very tiny. he shares it with two others. a lot of times he has no water. the lights are on 24 hours a day. he has had things crawling in his food. it's been quite difficult for him. jenna: the before and after pictures show part of the story. phil keating has more. >> allen gross reportedly has not eaten since april 3. he remains locked up in cuba, arrested and charged five years ago for illegally establishing internet access on the island and his wife does not think he can survive there much longer.

the family is quite concerned. they say he's lost more than 100 pounds. they consider him a political prisoner and fear that last week's revelation that u.s. aid had secretly set up a twitter only makes gross' situation more dangerous as the discovery has only angered the cuban government. gross' miami attorney says this is what degrees told him on friday. i'm fast to go object to mistruth, deceptions and inaction by both governments not only regarding their shared responsibility for my arbitrary attention but also because of the lack or valiant efforts regarding this or deal. the administrator of aid testified ahead of the appropriations committee and was promptly called by patric leahy. he then blasted the state department's cuban twitter nesh active revealed last week by the

associated press. >> i've read the legislation. the legislation doesn't say anything about setting up the idea in cuba with twitter accounts and all on something that the cubans would be so easy to discover. whose idea was this specific program to go to cuba? who? it's a simple question. >> and the program was in place before i arrived here. >> do you know whose idea it was? >> he finish by saying he did not know whose idea it was. jenna: phil, thank you. jon: well, stocks have been slipping for days. now the dow appears to be climbing back up. 35 points up right now. we'll have a look what is behind the trend. and the google play app store pulling one of its items from the online marketplace after it turned out to be a total scam. we'll tell you more about that

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jon: fox business alert. on a rollercoaster market ahead of earning season ending yesterday, nasdaq had its worst three-day stretch since 2011. dow comes off a two-day triple digit selloff. big board up 37 points. small gain but we'll take it. adam is here. why the selloff and the rebound? >> two great questions to ask as we go into earning season this afternoon. first the selloff. why were people nervous yesterday? investors are concerned that the global economy will grow at 3.6%. that's sluggish. they're worried about emerging markets and a lot of u.s. business, it's about china. china is slowing down so when we

get alcoa's earnings later today, you'll see that reflected. investors were nervous yesterday. the rebound today, however, is that barely 52% of us, u.s. households, own stock. there's a ton of money on the side. you missed the rally in 2013. you want to get back in today, especially if the earnings turn out to be a lot stronger than they're telling us they might be and in the last 16 quarters, they always prepared us for bad earnings and they overprepared and they came in better. jon: and more earnings reports later today and tomorrow? >> we'll start with alcoa. you have to be careful. we expect an earning per share of five cents but revenue down. part is the slowdown. then we're going to be paying attention to on thursday and friday, more earnings reports, especially the banks. we're going to get j.p. morgan chase and wells fargo on friday. strongest two banks in the united states. if they fail to perform well, then you can expect perhaps a selloff but they usually do outperform. jon: all right. adam from fox business network,

thank you. jenna: thousands of folks becoming victims of a smart phone scam. they downloaded anti-virus software that was supposed to protect the phones, even boost the speed of their phones and now we're learning that's not really the case. here is more on this story. you didn't do it, did you? >> i did not do it. do you know why? it's fake as a $4 bill. it was sold as a security app on the google play store. it scans all your files and settings in real time as you go, preventing harmful acts from being installed on your phone. not going to kill your battery life and unlike the other apps, this app does not come with the baggage of those popup ads. touch one button, done and done. not so much. according to the android police, the virus shield app doesn't do anything. so how did it even get on the google play store shelf in the first place? well, apparently just about anyone can sell an app through the google play store with very little interference from google.

many android users and developers perform this open source platform but it's easy to scam google play. on the other hand, apple app store is tightly controlled. virus shield has been removed from the google play store but not before 10,000 plus people bought it at $3.99 a pop. they even gave it a 4.7 rating. yep, that rating was also fake. so jenna, i didn't do it but that's like $40,000. jenna: it's so easy to do. you think you could check but i wouldn't know. would you know? >> i wouldn't have known, either. exactly. we have to be careful. jenna: we do. proceed with caution. good reminder. thank you. jon: the daughter of rocker bob gildof found dead in her home outside london. coming up, what police are saying about peach's death. it didn't take long for things to get out of control following uconn's championship victory

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jon: uconn beat kentucky. while the mood was festive on the court, things got chaotic on campus outside as fans started causing a little trouble. a little may be an understatement. laura has the story. >> well, the celebration turned destructive and unruly very quickly as hundreds of revved up university of connecticut fans took to the streets to let out a little steam after the big one and then some. some of the 10,000 fist pumping, screaming fans turned their

celebratory energy into property damage, breaking streetlights, smashing windows and overturning furniture in the student union. not all were so rowdy. still many uconn fans had a hard time containing their excitement. >> they won it. full circle. full circle. >> uconn fans went wild when their huskies devoted the wildcats to win the men's basketball national championship. this marks the fourth national championship and second in four years for the huskies. uconn place say there were a total of 35 arrests on campus after all said and done. 20 students and 15 visitors, most charged with minor offenses like breach of peace, vandalism, property damage, at least one person was told with inciting a riot. school had the deejay set up for the after party in the streets

so student place to gather and have fun. tonight similar celebrations are planned for the women's team also going for the ncaa championship but police tell us it will be dispatching additional officers tonight just to make sure everyone is safe. jenna: i understand the excitement. i get it. >> they got some pictures. jenna: dial it back a little bit. thank you. jon: right now police are investigating the death of rocker bob gildof's 25-year-old daughter. peaches, a mother of two children, found dead yesterday in her home outside london. so far there is no evidence of foul play. julie joins us with more on this. >> saddened to this young girl's life. speculations swirling today over the british socialite's death after authorities revealed peaches' death was a result of natural causes. there are reports saying that police did not find any hard

drugs or a suicide note at the scene. one theory is that she could have been at risk of cardiac arrest because of an odd diet she was on. in 2011 peaches told okay magazine she had started dieting by living off nothing but vegetable juices for weeks at a time after shedding baby weight. telling the may go zone, i do juicing. you juice vegetables and then drink it three times a day. it's gross. i usually do it for about a month. in the interview she also added i have days when i wake up and think, i'm still fat. police say it's an unexplained death until the coroner gives us a cause. she was found dead in her home yesterday afternoon. family friends are in shock. >> i think disbelief is the first sensation you get. when you check it on the television, on the phone, i

think the horror of it is just astounding. >> her father, the man behind the live aid concerts released a statement saying his family is beyond pained and said she was the funniest, witiest and most bonkers of all of us. we love her and will cherish her forever. her twitter post is an instagram picture of her as a baby in her mother's arm. the caption read, me and my mum. her mother died of a heroin overdose when peaches was 11. she leaves behind a husband, two kids and a heart broken dad. very sad story and hopefully we'll be getting autopsy results soon as the autopsy will be performed today. jon: looks like history repeating itself. disrespect let's hope not. sad story, though. jenna: reports of russian forces setting fires and taking over government buildings and the dire warnings of an all-out civil war. we'll have the very latest in

that part of the world. a jury could soon decide the fate of a woman stabbing her boyfriend to death with a stiletto heel.

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jenna: ukrainian forces stepping back protestors. the moscow backed group starting fires in one region now claiming independence. as this continues, can iev,

ukraine parliament breaking out into a fight as the unrest there continues. one lawmaker saying they face a potential of a real war. look at the civil war. greg is live with the latest. unbelievable video on all accounts. >> unbelievable on all fronts. as you know, it is a volatile situation with the potential of getting a whole lot worse. let's go to the eastern part of the country of ukraine. administration building was seized and set on fire by pro russian separatists. authorities then arrested 70 but there's other trouble in other places. in another city protestors holding a building there after receiving a whole cache of weapons and separatists holding on to a building there, setting up barricades. they're demanding independence. they want a referendum and even inviting russian troops to come in, complaining about the rights of ethnic russians being enfringed upon. now today kerry is saying that

russia is very much behind it. they would like to think this is a pretense to possibly invade. as we've been tracking, ukrainian troops dig in, in the eastern part of their country. 40,000 russian troops are poised on the other side of the border, said to be ready for action. moscow warning today against ukraine moving against protestors saying any ensuing violence could raise the risk of civil war and maybe more. nato speaking out today as well saying any intervention by russia would be a mistake of, this is a quote, historic proportion that would incur grave consequences. secretary of state kerry set for a meeting next week with russian foreign minister as well as ukrainian officials in europe looking to try to cool things down but jenna, as we've been seeing in the last weeks and months in the region, even small scale clashes could result in big scale confrontation. watching it closely. back to you. jenna: thank you very much.

jury could begin deliberating as soon as today in the so-called still et "murder trial in texas." she's accused of killing her boyfriend by attacking him with her stiletto high heeled shoes. her lawyers claim it was self defense and yesterday they had a demonstration with a stiletto. using a martial arts expert to show how the couple may have fought that night. prosecutors counter that the victim was 59 years old, not in the best of health to try to disprove this assertion it was self defense. let's bring in lis wiehl back with us and doug burns. so hopefully we have more video of this. >> the stiletto tussle. jenna: with the local martial arts expert playing the part of one of the two there. you can see him grabbing the shoe and how she would hit. they're saying self defense. how effective is that? >> not very effective, really. there's great drama in the courtroom to bring this in and people like to watch the drama and a couple of jurors were

standing up and looking at it. the judge will definitely tell the jurors that is not -- certainly the lawyers will, prosecutors will, that's not evidence. that's not what happened that night, certainly not the two players. you can't look at it as evidence. you can use it as argument but not evidence. jenna: effective or not? >> it's like when you use anything like a chart, you know, the judge says, look. that's not evidence. it's a summary. i'm not a big fan of demonstrations. i was upset in the trayvon martin case. they were shaking the dummy and it wasn't what happened necessarily. the point, as lis said, we don't know that's what happened. >> the prosecutor saying this is martial arts expert, not these two. night but we do know that someone died and we do know it's punctured 25 times in the head with a stiletto heel. jenna: forensic pathologist did

say something interesting. she said i did not see any one injury that would have been fatal to dr. anderson. does that support the theory this was just self defense? it wasn't intentional. >> lis and i were discussing that. that's a very cagey, either intentionally or unintentionally cagey move. that goes into causation, simple english, they're saying he might not have necessarily have had to have died because no c.p.r. and no emergency medical technicians administered to him. >> the defense argument wants you to believe he would have lived, therefore, logically it can't be a murder charge. from the prosecutor's point of view, i go back and say, look. i don't care what kind of health you were in. look at the stiletto heel. i don't care if you're doing the marathon, you're going to die from that. >> that was surprising that they turned around and necessarily let that evidence in which is to have a jury speculating that not

withstanding 25 blunt facial attacks with a stiletto heel that he might have lived. jenna: what has the prosecution done to suggest she had the intent to kill him? >> they put a cab driver on from that point. they had been arguing when they were out partying. cab driver said to the victim, i'm concerned about you. it will all be okay. she knew what she was doing at the time and then again, the 25, that's the big piece of evidence, 25 punctures. >> this is an excellent self defense pattern. jenna: meaning what? for the defense? >> first of all, start with the idea it was a stiletto shoe, not a knife or gun. we try to be like sherlock holmes. there was a physical confrontation. and she was defending herself. what makes the case really problematic and tricky is there comes a point in time where you may lose the right to self

defense. in other words, and i said this last week. if you're presented with deadly force, okay. i'm allowed to shoot you. what if i shoot you 10 more times? it makes it confusing for a jury. >> you only have the right to defend yourself to a point where you are imminent harm. once you're not in imminent harm, you can't defend yourself. she's down to one stiletto heel, two stiletto heels, call 911. jenna: you think, wow, did someone just have any sort of premeditation to look at their shoe last night and say this is the weapon? >> that's a great defense argument. it doesn't take but a moment. >> it forms quickly but the point is, i'll give you the reverse argument which is really interesting. if you pull out a gun on me right now, okay, i shoot you and you're dead. if i shot you 10 more times, what's the difference? i was justified in killing you in the first place. jenna: we like each other too much. >> that was a hypothetical.

jenna: they're getting the closing arguments and we assume that the jury is going to start deliberating on that case. in the meantime, we have a jury deliberating on another case we've been watching, pamela phillips murder trial. just to refresh our memories on this, this woman has been accused of hiring a hit on her husband years and years ago. her ex-boyfriend is serving two consecutive life terms for carrying out this crime but now she's on trial for the very first time. they've been deliberating for three days. >> yeah. jenna: what does that tell us? it's tough to know what they're dealing with. >> generally the longer the jury is out, the less good it is for the prosecution. yes, this was murder. yes, she hired the hit man. yes, she paid him $400 million. you want it to be easy like that. for me if i was a prosecutor in this case and it's a third day deliberation, i would be taking tylenol and tums or whatever you

need for your stomach. >> agree with the general statement by liz. however, there's an exception to every rule and i've been in a lot of cases, trials where juries deliberate a long time and then convict. the defense threw in a couple of hazy notions. one that it was a business partner who really had it in for him. i don't know. >> there was money owed out there. >> not sure how strong that went. the other part to me that's not very impressive, he, young, was extorting her. guess what he was extorting her about? jenna: that was the ex boyfriend. >> the one in prison. >> if you don't pay me, i'll turn you in for murder. >> when you sit in a woman's prison for murder, you're going to be really fat. she said i'm going to be back at 4:00. you would say, what do you mean, sitting in a woman's prison? i didn't do anything. that helps the prosecution. >> i agree. jenna: it's more than 20 years have passed.

it's interesting to see what justice will look like. thank you very much. the search for a malaysian airlines flight 370 suddenly goes cold after excitement over the weekend. pings not heard in the deep of the indian ocean. what options had truly left? jon will take that up after the break. plus one couple finding their own county to save their slice of rocky mountain heaven. details on their battle with imminent domain. 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™. jon: it is the 8th of april, one month since malaysian airlines flight 370 vanished on that overnight flight to china. what has happened to the plane? we still don't know. but we do know that if the black bobbings are in the water

somewhere and sending out that pinger signal, their batteries could expire any moment now if they haven't already. there were some sounds heard over the weekend but since then, nothing. here's a look at the black box and specifically, this is the area of interest. this is the underwater locator beacon designed if it gets wet, the circuit is completed and it begins emitting a pulse of noise, a noise that's audible underwater for a distance of about 6,000 feet in either direction. one viewer asked, is it possible that it could be sitting in an air pocket somewhere where the circuit would not have been completed? almost impossible. why? because the pressures at the ocean depths where this thing is likely to be sitting are so incredibly strong, an air pocket the size of a house would be compressed to something maybe the size of an orange, if even

that long. moving on to a look what is actually looking for the black box. you have a surface ship, in this case an australian ship, towing the t.p.l., the towed pinger locator. the depth that it is being towed at, about two miles from two miles underneath the surface, that's how far this thing is underwater, under the surface of the water. and it will sweep back and forth, the surface ship will, in paths that are approximately two miles apart. it is an incredibly slow process and it's so far not yielded an exact fix on where those black boxes might be sitting. with more on the search, let's bring in captain nash, a fox news military analyst. chuck, they have heard something on the frequency that belongs or is assigned to a black box. i believe it's 37.5 killahertz.

is there anything else in the ocean that would make that sound? >> people have speculated it could have been harmonic from shipping or a pump motor or something where you have the primary frequency and shadow frequencies. i don't think that's the case, though. i think the other day when they got two hours and 20 minutes of good, solid pinger data, and i believe that's what it was, because they're not just listening at 37.5 but they also have spectrum analyzers that look at the wave form and look and they know exactly the frequency exactly what it is. they would not be talking about that as strongly as they are if they thought that it was a whale or some other natural -- not for two hours and 20 minutes. jon: but here is one of the things that bothers me, and maybe we can put up the map that shows essentially where a couple of different ships have been

able to pick up sounds that they think could be the actual pinger. if you look at the two spots, one of them down here, 900 miles off the coast. this one up here, 1,000 miles off the coast. 372 miles apart, they can't be from the same pinger, can they? we've learned that the pinger only puts out a frequency that's detectible from about two miles away. >> yeah. i agree. no, it is not likely that they are, especially with the dwoevis the chinese were using when they claim they heard the pinger. that would have been wishing and hoping and, you know, trying to look good but that was not the same kind of quality of data that the americans and the australians had. not only did they have that two hour and 20 minute window of constant recording and signal but they turned around and came back and got it for another 13 minutes and one of the things

that was interesting when they looked at the spectrum analyzer, there was a slight difference in the frequencies which means that maybe they were looking, maybe they saw the first pass, saw the flight data recorder pinger and then on the second pass, picked up 13 minutes of the cockpit voice recorder ping he weer. they're not all precise. jon: is it possible they heard the pings and the batteries just went dead? is that why we've not detected anything since the weekend? >> i want to take that point and emphasize that. there are reports several places that the original equipment manufacturer said the airline was supposed to turn those flight data recorders in to officers the batteries in 2012. they didn't do it. airline says the batteries weren't due for servicing until june of 2014. maybe they replaced the other

recorders but the fact of the matter is, there's doubt as to whether those batteries are still juicing those pingers right now and the way that they described it, which was a weak signal, stronger, stronger, stronger, weak, weak, weak, weak, and exactly what you would expect if you were coming in the proximity and then leaving one of those pingers, that they got turned around and came back. it was serendipitous she found this thing in the first place. if you can buy the first serendipity, you can go with the second one that it just failed but thank goodness they got that hit. jon: they seem to be honing in on something and that should shorten the search. god to have your expertise. thank you. >> my pleasure, jon. jenna: former i.r.s. official could face serious, even criminal charges after refusing to answer lawmakers' questions on the i.r.s. targeting of conservative groups. could she see jail time after pleading the fifth? we take that up coming up. sfx: car unlock beep.

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jenna: colorado couple is fighting the government to save their land. they say their acreage is almost heaven on earth, that they're now fighting an eminent domain push from the county that wants to take the land to preserve it. they say they have no plans to develop it but government officials say using an old mining road to get to the property could impact local wildlife. here is more on this. >> yes, eminent domain cases are more common with highways and railroads but this is about a county taking private property to preserve land. the couple bought it two years ago and it's surrounded by the white river national forest. basically an island of private

property. the forest service didn't like the couple using their snow vehicle to get to the cabin built in the late 1,800s so the berries asked summit county to declare the path they took a county road. instead, the county condemned their cabin and claimed eminent domain saying it needed the land to protect open space. andy says several things were cited by the county, like the electricity and plumbing except being that it's a cabin, no one lives there, it has no electricity or running water. the couple says they feel like the county made up its mind on what it was going to do. >> sooner or later, we're going to run out of money but we wanted to fight the good fight and let people know our story and what their government is up to. >> i'm just disappointed in the whole process. you know, i feel like there were some meetings that we were excluded from. i feel like things have been misrepresented to us about the way things are going to go.

i feel like there's differences between what the different government agencies are saying to us. >> fox news approached summit county which declined an interview. they gave us a statement saying, both parties engaged in productive negotiations in pursuit of a voluntary settlement regarding the purchase. we are optimistic that a resolution will be reached within a matter of weeks, if not days. the county defended its position earlier this year saying that it has only filed eminent domain actions twice in the last 20 years. and the couple will receive some money. looks like they'll lose their land in exchange for this whole deal. however, that's not what this is all about for them. they really love this place. jenna: it's a beautiful spot. it's incredible. interesting fight and one to watch. thank you. jon: a sixth grade success story getting national attention. an oklahoma girl scout is selling cookies by the tens of thousands. now she has even bigger plans.

we'll tell you what they are next.

>> an update to a story that got a lot of the national attention. casy solid the world record on boxes solid. she plans to sell and boosting sales by singing and plans to write a cookbook with the favorite cookbook. >> how do you fit that in a wayingon. >> she has a bright future ahead of her. way to go katy. >> and i want to refresh your memory and our viewers. >> a tulip. can i see one. >> that is an open request to bring in nowers. >> any color. >> and i just want to say you have been so sad. and you ask and ye shall receive. these are the tulips for spring,

john. there is limit to the request. you can't just say oh, i wish i see a hamburger. >> i want a pony. >> there is a limit. but the tulips are nice and thank you, linda. >> good call and thanks for joining us. >> thanks, everybody. america's news head quarter ares starts right now. where is myer. >> after the show. >> come on, it is spring. >> fox news alert. hot society about to get hotter for lois lerner. the republicans pushing for a criminal case against her. i am bill hemmer. >> andim sanda smith. the house ways and means will work on a letter accusing her of three different crimes. >> how are you, sir, good day to you. >> spell out the