accomplished. we'll be back on with brian and have fun. >> we'll see you then. thank you for being here. "happening now" starts right about now. >> the fallout from the state of the union address. the president declaring an end to the economic crisis and calling on lawmakers to focus on the middle class. welcome to "happening now." >> the president striking a defiant tone. he laid out a broad vision for his final two years in office before you including a litany of tax hikes to pay for tuition-free community college, more money for child care and massive infrastructure program all while drawing a line in the sand with republicans at any legislation that chip as way at obamacare or the financial overhaul. >> we can't put the security of families at risk by taking away their health insurance or unravelling the new rules on

wall street or refighting past battles on immigration when we've got to fix a broken system. and if a bill comes to my desk that tries to do any of these things, i will veto it. it will have urneshed my veto. >> let's bring in bret baier. i use the word defiant in the lead-in regarding the tone of this speech and that seems very accurate. this does not seem like a president who saw his party smack down in the november elections. >> no. that's right. and listen. supporters say he was optimistic, forward lean, on offense and laying out his vision. he was delusional talking about a world that isn't the world in which we live. he didn't mention libya or yemen, didn't use the words al qaeda and didn't talk about concerns about the global

economy or long term deficit. so you have two very different views of the same speech and obviously the bottom line is what can get through congress a republican congress, and the answer is not much. >> a friend of mine pointed out this morning, he said that the president in his view is tougher on a republican congress threatening vetoes and such than people like asad, you know, with whom -- for whom he drew the red line and so forth that hasn't been held up. >> interesting but i think that you know what he put forward last night, especially on the domestic front, is what he would have put forward with a democratic congress. i don't think there would be much of a change in the speech if you look at it and the question again is what can get done in the middle part there.

i think trade -- he's got some heavy lifting on the democratic party as you saw in the difference between the democrats sitting down and the republicans standing up when he talked about trade. that's going to be a heavy lift for him. >> and there was this line about the elections which drew some applause and maybe an aside from the president. we want to play this now. >> i have no more campaigns to run. my only agenda -- i know because i won both of them. >> that applause, i guess, was coming from the republican side of the chamber? >> yeah. some smattering of applause when he said he had no more campaigns to run. and then the other applause from democrats in his retort but again, there's no reflection of a major historic loss in the midterm elections. and the other thing was interesting is that he praised

speaker boehner who obviously has been speaker for four years in the house but he didn't mention mitch mcconnell who has taken over control of the senate and just some interesting choices about what was in and not in that speech. >> not a lot of olive branches to republicans. there were some lofty -- there was a lot of lofty talk about we should do this and we should do that in america as a country but takes care of our own but not a lot of specifics in terms of things that republicans can do together with the president. >> you're right. there was a lot of lofty rhetoric about compromise but when push came to shove the most powerful lines were about all the veto threats, including one on iran sanctions that i think the significant news today is that house speaker john boehner inviting the israeli prime minister netanyahu to speak to a joint session of congress next month is really

significant. the fact that netanyahu will come to counter the administration and british prime minister david cameron who says that you can't have the sanctions on standby, it will screw up negotiations i think netanyahu has a much different perspective and they may get a veto proof majority with that push from the israeli prime minister. >> how are democrats receiving this speech? >> well i think they're largely praising it because of the ideals that are laid out there and some of the plans that he talks about. it tracks with democratic congressman van holland's budget proposal that he put out a couple of weeks ago but as far as the realism, i think there's, you know, some democrats who will tell you that they don't have a chance of getting it through and there are some democrats who are a little concerned about the foreign policy section. >> awful lot of goodies in there. the question always is how do you pay for it right? >> sure. and he proposes to pay for it with a 28% capital gains tax

and, you know republicans point out that he's already had a tax increase in his presidency so we'll see where this goes. i think trade infrastructure maybe some kind of tax reform around the edges but that's a heavy lift as well. >> all right. bret baier, more to talk about tonight on "special report." thanks. >> see you jon. >> it didn't take too long for a potential 2016 republican candidate to react to the president's agenda. carl cameron is joining us live from washington with more. >> hi. the white house actually released most of the important details well in advance of last night's address. republicans have been uniting in getting their talking points ready and last night they had three primary complaints, first that the president is proceeds posing more tacks and classic warfare. >> he could have said i hear you and we will work together. we'll get back to where we should have been in the first

place. he didn't listen to the voters who are hurting right now. instead he just doubled down on the same failed policies of the last six years. more and more taxes and spending and debt and it's not working. >> the interesting thing is he's going to administrator debt to our country than all previous 43 presidents combined so you've got to wonder about the guy's sincerity. >> the frontrunners of the polls weighed in on face back and instagram. mitt romney and jeb bush said instead of a fight against poverty and wage stagnation the president's agenda is classic warfare between rich and poor. jeb bush wrote while the sluggish recovery has been good for some far too many people have been left behind. it's unfortunate president obama wants to use the tax code to divide us instead of proposing preforms to create economic opportunity for every american. mitt romney's facebook post reads, true to form the president in his state of the union speech is more interested in politics than leadership.

rather than bridging the gp between the parties, he has a bridge to nowhere proposal. disappointing. his tax proposal is a maze of new tax. lower rates and simplify the tax paid. rick santorum who con the iowa caucuses in 2012 said the problem is barack obama just doesn't want to take from the rich and give to the poor. he wants to take from the rich poor and everyone in between and give to his administration. you can expect to hear a lot more of this. the president knows what he's proposing isn't going far in congress. hillary clinton is in canada giving a speech cohosted by the canadian bank that's under investigation by the united states for making it easy for wealthy americans to hide their income and evade taxes in the bank's caribbean branches. liberals have been accusing hillary clinton of being way too cozy and you can probably expect

them to have more complaining to do by the end of day. >> interesting choice. thank you. >> breaking news out of israel as police in tel aviv say a palestinian man went on a bloody rampage. stabbing commuters and the bus driver. john has more on that. >> yeah. this is being called a terror attack by israeli officials. it happened at the start of the morning rush hour in tel aviv. the bus, packed full of people including schoolchildren fortunately they weren't hurt but several people were. we'll get to that but first take a look at the surround vailance video. it shows the palestinian man after jumping off the bus and trying to escape. he stabs a woman in the back. upper part of that screen while running away before being shot by prison security officers who just happened to be driving by. they're transporting prisoners to court, actually and noticed that the bus was moving erratically. it was swerving and then came to

an abrupt stop and that's when the man jumped out and realized people were stabbed. he was taken into custody. one witness described the man as having, unquote, murder in his eyes. police say he's from the west bank. he got into israel illegally earlier this morning and then made his way to tel aviv. he reportedly said he committed the attack because he was angry about the war in gaza and also problems at the temple mount here in jerusalem, clashes between palestinians and police over access to the holy site. the concern is that this is not the first and will not be the last attack by a quote, unquote, lone wolf attacker. this is somebody we've heard that term here and in the united states somebody who is not affiliated with any type of grup or terror organization but commits these acts of terror on their own. we've seen this happen several times the past few months. other stabbing attacks in tel aviv and jerusalem as well including several deadly ones and also lone wolf attackers

jumping the vehicles and plowing into groups of people. once again, another disconcerting situation here in israel. >> a glimpse of the new world we're all facing. thank you. >> right now major developments in yemen today where shia rebels have reportedly seized the country's largest missile base and conflicting reports on whether rebels are holding the country's president captive. this is just one day after storming the presidential palace. i believe that's the video you're seeing there. all of this raising serious questions about the stability of one of america's closest allies in the region in the fight against al qaeda. national security correspondent is live at the pentagon with more on this big story. >> hi. well, the u.n. security council has unanimously voted to condemn the ongoing coup in yemen. ships are moved closer to the

centers where some say are backed by iran are holding the president captive in his home. here is what was said on state controlled television last night. >> the government has clear complicity with al qaeda. the government is deploying all capabilities and supporting al qaeda in order for it to be a tool facing the popular revolution and it's drawing the country into chaos. it allowed al qaeda to spread to several provinces of the country. >> the president refused to announce war against al qaeda, according to the spokesman. now, the chaos in yemen and the overthrow of the president could set back u.s. attempts to go after al qaeda in the arabian peninsula. they are anti-al qaeda, part of the natural shia-suni rivalry but they also don't like the way the yemeni government has allowed the u.s. to conduct a drone war against the group and it's not clear they would cooperate with future u.s. efforts. this is as close as president

obama came to talking about yemen last night. >> instead of sending large ground forces overseas we're partnering with nations from south asia to north africa. to deny safe haven to terrorists who threaten america. >> just four months ago, the president touted yemen as a success story in the war against al qaeda. now those counterterrorism efforts hang in the balance. >> the strategy of taking out terrorists who threaten us while supporting partners on the front lines is one that we have successfully pursued in yemen and somealia for years. >> no orders given to evacuate the u.s. embassy in yemen as of now. >> we'll continue to watch that story. thank you. >> police call foul on a high school girls basketball coach. she is alleged to have bit another coach's face twice. plus the magic kingdom not so magical for dozens of people who came down with measles. how a nearby school is trying to

take precautions. also we want to hear from you. do you think president obama's proposals can help boost the middle class? our live chat is up and running. go to fox news.com/happening now and click on america's asking and join the conversation.

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what?! credit karma. really free credit scores. really. free. i could talk to you all day. >> right now new information on some crime stories we're keeping an eye on. authorities in missouri find a 12-year-old boy who went missing yesterday afternoon. they started searching after brandt was last seen working in a park in crestwood.t today in the trial of a pennsylvania man accused of having five sets of human remains buried in his backyard for more than a decade. he is charged with strangling two victims and he's already serving time for a home invasion and robbery. and a girls basketball coach outside atlanta is charged with biting another coach on the face. melonie joyce martin coaches at south cobb high school where authorities say she bit her fellow coach, tyrone harris in

the eye and nose. martin denies anything of the kind ever happening. >> the measles epidemic tied to disney theme parks in california is growing. five disney employees were infected with the disease plus in another story, an orange county school in california sending about two dozen students home because they aren't vaccinated. adam is live from the west coast news room with more on these stories. >> we first heard about the outbreak, at least it was pegged to disneyland in december and now new numbers this morning. health officials are saying there are more than 50 cases now tied to that initial outbreak or that initial exposure period at disneyland and those cases cover several person states as well as new mexico and they are expected to rise. measles can lead to blindness, and problems with the brain. kids are typically vaccinated

but a significant number of americans have opted out of getting vaccinated. the bloef is that the original outbreak came from a foreign child who was not -- who was visiting disneyland and who was not vaccinated and infected with the measles. five park employees have tested positive and two dozen unvaccinated students have been sent home from huntington beach high school in orange county, california, not far from disneyland because a student had the measles and could have exposed them to the disease. doctors don't want to alarm the public but many parents are concerned as well. >> much more so than influenza and other conditions. that's why we're concerned. >> my kids are all vaccinated so i feel they're probably safe but still, i don't think it's right that, you know, people do not do everything in their power to protect their kid. >> disneyland has offered vaccinations and immunity tests to employees and a lot have been medically cleared.

measled request be transmitted up to two hours after someone who is sick leaves the room. the last time there was this time of resurgence in the u.s. is between 1989 and 1991 in the u.s. 123 people died back then and what health officials are saying, if you think you have the disease don't go to the health clinic. call the doctor first. if you go in or bring the child in, all that's going to do is expose a lot more people who potentially could then get the disease. >> we have a great panel of stories coming up during the 1:00 hour. thank you very much. >> absolutely. >> mystery still underway two days later. no sign of a couple and their four grandkids. that's raising concerns that they were inside a massive maryland mansion that burned to the ground. plus the president calling for tougher laws to combat cyber

crime as hackers target american companies. is that enough to keep your information safe?

>> investigators are now using construction equipment to try to sift through the charred remains of a huge mansion in their search for six missing family members. the family reportedly has not been seen since that home went up in flames early monday in annapolis, maryland. the fire marshall says the family believes all six people were inside. colleagues and neighbors say it's a technology executive, his wife and four grandchildren. the search will not be easy. >> the standard house 2,500 square feet so you're looking at five standard houses put together. there are a lot of businesses

that aren't 16000 square feet. >> federal officials are travelling to the scene to investigate what caused that fire. >> president obama wants congress to pass tough legislation to combat cyber attacks and identity theft aimed at keeping your information safe. during the state of the union address, the president said without it we are at risk. >> no foreign nation no hacker should be able to shut down our networks, steal our trade secrets or invade the privacy of american families especially our kids. >> joining us is morgan wright, cyber security analyst and founder of safe life. this is an area where perhaps there is bipartisan support. my question for you is how effective can legislation really be? >> how effective has it been? it's been zero. i mean we -- you have sony, you have centcom, you ever target you have home depot. you can indict all the people you want in china or north korea. the problem is we focus too

much on punishment. we need to focus more on prevention and mitigation and detection and those were the things missing from the speech that i saw last night. >> so what would you like to see? what would be helpful? >> it would be more of a focus around -- it's better information. utilize the resources here the information sharing analysis centers. they have to get over that they think that private corporations are going to share information with the government. not the way things are going. so there has to be a better job of government sharing information back to the corporations, threat information, threat prediction and i'll tell you, one of the things they could do, they talk about the money overseas give them a credit if they bring it back and improve their cyber security so that we don't end up being the victims of these things. >> do we need new laws, new funding to do exactly what you just said? >> well we don't need new laws. bank robbery laws have been on the books for over 100 years and we still get bank robberies. law won't make them effective.

funding could be very effective. right now the national institute of standards and technology is working on the cyber security framework. i think that's something that's very important because it starts giving people a benchmark but the problem is it's voluntary. unless they're accountability in these things like the corporate fraud, you won't get the type of progress you need. some court cases will probably -- you know some litigation will probably change some of that but it's not a solution for everything. >> something for to us think about, having the right philosophy investing in the right areas to make sure we're truly secure. interesting to talk about cyber security in the state of the union and also have this report just out by the associated press. this just broke late yesterday. associated press did an interesting report about our government sending the information to people that enrolled on the obamacare website to third parties, to private companies and this is part of what they wrote the associated press. the scope of what is disclosed or how it might be used was not immediately clear but it can include your age income zip

code, whether a person smokes and if a person is pregnant so some personal information as a first time mom. there's a big part of your pregnancy, a lot of people don't know you're pregnant. the government is sharing that information with a third party is baffling. obama administration says this is intended to improve consumer experience. can you just walk us through what's going on here? >> look. when i testify before congress in november of 2013 one of the issues i raised was they hadn't done a complete security audit. they didn't know what they didn't know. this swuf those things. these data brokers are collecting so much information on you, on me, on other folks who go to the site. information that we don't know we're sharing so what the impact is is our privacy has been eroded little by little and they're taking all the small tiles and turning it into a big mosaic so i can find out things about you that you would not otherwise disclose to me and it's used to change your insurance, market to you. that's not what we signed up

for. we were told our privacy would be protected. >> are the third parties, are they paying for that information? is it just the government voluntarily sharing it with them to combruf the experience? the government says there's no evidence it's being misused but is the third party just getting it just for free all that information on us? >> there's a lot of things that go into this especially with how they do a marketing and add words and you have google and microsoft, all the folks in this. google says if they find anything that violates policies which some of the stuff would violate their policies, they would shut it down because you're collecting information without clear privacy statements. you don't know it's being collected. >> i don't want to interrupt but i'm not combloiimplying it would be better if the government was getting paid for the information but is there any control over this? from a consumer perspective, is there anything we can do whether or not we're using the government website or just regular web sites to not have

that type of collection constantly? >> about the only thing you can do is you've got to shrink your presence on the internets. there are companies that provide mechanisms to remove your information from these data brokers but there's very few and far between. look of theth a fact of life. we're connected. we have the internet and the president calls for more internet everywhere which means we're more collected and they'll be collecting more information. it's a snow ball and at the bottom, we're the consumers. we'll get hit by the big fat snow ball of identity theft, of marketing we didn't ask for, our personal and private information. i don't know what the solution is but i can tell you what they're doing right now is not the solution. >> great to see you. definitely a big story, one we'll continue to watch. thank you as always. >> you bet. >> a one stop shop for your bread, eggs and tax refund. the new program in place at wal-mart allowing customers to walk away with cash in their pockets. plus president obama hardly changing his tune on iran and its nuclear program. will new sanctions blow our

chance at a peaceful resolution? . .

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the nfl letting some air out of the new england patriots victory over the indianapolis colts. reports suggest that heaven of the team's 12 too e footballs used in the afc championship game were uninflated. we'll tell you about that coming up. jon: instead of waiting for your tax refund to land in your mailbox or bank account, now you can go to walmart to get it in cash. there is a catch though. you have to visit one of their designated tax preparers. of course walmart hopes you will spend your windfall in its store. joining us from the fox business network studio, lauren simonetti. what is this all about, lauren? >> brilliant idea jon. this is a way walmart to get more people reverse what is two years of declining store traffic. the program is called, direct to cash. it gives folks their tax refund in cash at their local walmart store. so the average federal tax refund about $2900. think about it, that is 2900 bucks you have in your pocket

you can spend on walmart stuff. flat-screen tvs microwaves, whatever. it is a program that ,pecifically benefits walmart shoppers. many of them are what is called, unbanked. they have no savings or checking accounts. for them to get their tax refund in the past they usually paid a $20 fee to get a paper check and another fee to cash that check. in the end, that could add up to 80 bucks. so walmart is saying this. file your tax return at one of 25,000 tax prep locations we're working with. choose to pick up the refund in cash, up to $7500 at any walmart. when refund are released by tax product group or republic bank and trust, banks partnering with walmart, the fee will be no more than $7, instead of about $80. that is extra cash in a lot of shoppers wallets. there are nearly 10 million unbanked households here in the u.s. walmart is targeting them and others recently with financial moves. last year stores started letting

customers open checking accounts and shop for health insurance. yet another move by walmart to spend money. jon: pretty clever marketing. yeah sound like it could save people money. >> absolutely. jon: lauren simonetti, thank you. >> thank you. jon: don't miss lauren on the fox business network f you're not sure where to find it in your area, click on foxbusiness.com/channelfinder. jenna. a point he made in the state of the union last night insisting he will veto any legislation from congress to street impose new sanctions. that is carbon copy what the president said last year on iran. listen to both. >> between now and this spring we have a chance to negotiate a comprehensive agreement that prevents a nuclear armed iran, secures american allies including israel while avoiding yet another middle east conflict. there are no guaranties that negotiations will succeed and i keep all options on the table to

prevent a nuclear iran. in this congress -- if this congress sends me a new sanctions bill now that threatens to derail these talks, i will veto it. if iran's leaders do not seize this opportunity, i will be the first to call for more sanctions and stand ready to exercise all options to make sure iran does not build a nuclear weapon. jenna: we have the executive director of the foundation for defense of democracies and joins us on this issue often. mark, great to see you. let's talk a little bit what the president said last night. it was noted in the write-ups following the state. union he only received very small applause talking about iran because the writers suggested there is bipartisan support tore new legislation that would put sanctions in place eventually. you're someone that advocates that legislation. why do you think it is necessary? >> jenna, we've been negotiating with the iranians for 12 years. the europeans have been negotiating with the iranians. the united states joined the

negotiations six years ago. these have been intermable negotiations. the fundamental problem is not u.s. congress or u.s. president. the problem is the iran's supreme leader comen ney refuse to compromise and he refuses to compromise because there is no reason to do so. there is insufficient economic, political and military threats to his regime. why compromise now to give up on future concessions? jenna: the oil price, mark the oil prices dropping significantly, with the iran's economy being hurt, plus sanctions, some of which were relaxed but has that changed the dynamic at all? >> it changed the dynamic in favor of iran in fact. iran's economy was on its back and it is now on the knee, slowly getting up to its feet. drop in oil prices will have impact but yet the imf and world bank project that the iran's economy will project modest

growth and 50% cut in inflation. compared to deep recession year-and-a-half ago. the reason for that recovery, because president obama de-escalated sanctions pressure unfortunately. >> the white house is going to congress just asking a delay in legislation and a vote on legislation until after march which is when the next meet something supposed to take place. what are your thoughts on that? why not wait until after march to do so? >> the reality is when you talk to western officials they are very skeptical that anything is going to come out of these negotiations and unfortunately this deferral, this delay this extension, is only helping the iranians. it is building their economic recovery and it is hardening their nuclear intransigence. the only thing that will send a mention to iran's supreme leader ali comen ney, is escalating economic pressure. time for congress to put the pressure in place now and tie the sanctions to the june 30th deadline.

these are deadlined triggered sanctions. they don't come into effect immediately. they come into effect only in july. jenna: if potentially there is no agreement. the president went to familiar rhetoric. i will read this one line. the american people expect us only to go to war as a last resort and i intend to stay true to that wisdom. there seems to be a choice. negotiations must work or there is going to be war and there is nothing in between. i'm wondering in your opinion what is in between? if the negotiations do fall apart and they do fail, does that mean we're going to war with iran? >> jenna for 12 years the iranians faced escalating economic sanctions and they never walked away from negotiations and if they have they returned very quickly. the reason for that these negotiations actually play to iran's advantage. iran used them very successfully to advance its nuclear program. they know that if they walk away the u.s. congress will move forward with a trade and financial embargo that will collapse the iranian economy.

so i don't believe the iranians will walk away. if they walk away i think the iranians will come back to the negotiations. i have disagree with this false choice between, you know, diplomacy and war. the reality is the only thing that actually shook the iranian regime in the past and something the administration acknowledges is escalating economic pressure. that guaranties or raises a likelihood of a successful comprehensive deal. that will mean that we will actually have a peaceful resolution to this problem. jenna: have a lot of powerful democrats that agree with the new legislation. it will be interesting to see do they wait to delay it until march or move ahead with it regardless of what the president says and what the white house has to say. mark, great to see you as always. thanks so much. >> thanks for having me, jenna. jon: she was called an evil seductress. accused of plotting the murder of her husband but after 24 years behind bars, pamela smart has a new plan to try to change people's mind and possibly get out of her life sentence. also the new england

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#oneluckyguy you love him and know him. he is on loan from d.c. jenna: can't wait. >> see you, jenna. jon: a woman convicted of murdering her husband hope as new documentary will get the public's attention 24 years after the crime after a highly publicized case, pamela smart was sentenced to life in prison without opportunity for parole for luring her teenage lover to shoot her husband greg smart back in 1990. let's talk about the case as it stands. joining us a trial attorney pillar prince and former prosecutor peter owed dem. you were a homicide prosecutor in new hampshire the state where this happened but you were there about 10 years or so after the case of the does she have a case? >> well, the real question here is she the evil seductress or the innocent tragic victim after rabid media? the fact i was a former prosecutor in new hampshire at

the time this case was tried in neighboring county. i know all the lawyers and i know judge douglas gray that plea sided over the case. let me give you the answer to the question. she is the evil seductress. this was media coverage, it was the most heavily covered case at the time since the lindbergh case. jon: this was the first time testimony, everything was covered gavel to gavel live on television. >> first one in history. report es came from as far away as israel to the tiny state of new hampshire to cover the pam smart trial. there was a lot of media coverage. she was convicted because of evidence not media coverage. there was physical evidence and two codefendants testified against her and her own admission. the jury didn't get it wrong because of media coverage. they got it right because the evidence. the media coverage is artifact. there it is. but it didn't affect the verdict. jon: pillar she says that the jury was not sequestered. they could go home every night

and watch talking heads opine about the case and therefore she didn't get a fair trial. does she have a point. >> jon this is a perfect example of why jurors are sequestered, especially in these high publicity cases. she had a right to a fair trial just like every defendant does and peter actually makes the perfect point for her case in this is that reporters came in from all over the place. this case received not only local but nationwide attention and it gives her a very strong argument that if these jurors were able to go home, turn on their televisions at the end of every night and watch not just the evidence that was being presented to them, but whatever the media had to say, it certainly giving her an argument she didn't receive a fair trial. jon: there were movies made about this case. nicole kidman starred in the movie, to die for which was about this case. there were television made-for-tv movies about it. >> right. jon: but that all came after the fact peter. >> well being exposed to media

coverage is only half the analysis. jurors get exposed to media coverage all the time. that doesn't mean their verdict is affected by it and that is the second half of the analysis i will remind pillar about. that if the jurors saw media coverage but weren't affected by it, then it doesn't matter. all the jurors were interviewed after the case was tried, they said look, we convicted her based one the evidence. that is what is supposed to happen in a courtroom. >> peter they may have, it is very hard for jurors as you know, distinguish what they hear in court of law, what is allowed to come in and coming home flipping on televisions and hearing the court of public opinion. it is difficult for lay people to do that. you may be right, she may have been convicted on the facts of this case but what is this doing, this is giving the woman trying for 24 years one more crack at it. jon: that hbo documentary is what she is pinning her hopes on that hbo documentary, has already been out there. so far no indications that the governor intend to commute her sentence.

her case, actually was said to be an early precursor to things like the jody arias trial. we'll be talking about jodi with our panel on the other side of this break.

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>> people say, oh, that's you. this is not my movie. >> everyone concerned with pamela smart's trial was caught up in a black hole of media attention. jon: that is part of the promo for that hbo documentary, that is as i understand it, already gotten off-line. called captivated, the tries of pamela smart. but again, peter, there wasn't a lot of question about, you know the evidence in the case. >> right. jon: there were the secretly-taped recordings where she was talking with some of the kids who were involved in the

murder? >> right, where she basically confesses to being the evil seductress. what she is doing is exploiting the passage of time and the fact that memories faded but there is a record at trial she had a chance to give her side of the story. hey, jurors rejected it. by the way i should also say there was a lot of support for pamela smart during the trial. there wasn't a lot of that was just negative. there was a lot positive toward her. jon: let's turn to the trial i mentioned earlier, jody arias. her sentencing retrial very much underway right now and it seems that her side is presenting is trying to spend its time demonizing the man she killed and she admits killing her former boyfriend travis alexander. is that going to be effective? >> jon the defense is taking what i would call a three-part attack at this point. sexting, cheating and lying and that's what they're saying travis alexander did.

at this point in the trial it is all about mitigating factors. she is not going to be really free, she is not going to be acquitted. that's done. so travis's behavior is not defense to the murder but what the defense is trying to do, they're trying to convince this jury that somehow his conduct played into it. that she should be spared her life because she was an abused woman. jon: peter can a guy who lies, maybe cheats, maybe sends sexts to other women deserves murder is that what they're trying to establish here? >> that is a complicated question. let me simplify for for you. what is the defense is doing is classic misdirection. this is very ugly murder. these are ugly facts. this was a carefully-planned and brutalry executed killing. 26 stab wounds and a bullet to the head, all right? the defense can't get around that because she has already been convicted of that. jon: so they seem to go after the victim here. i'm sorry -- >> shifting focus. jon: we have it say good-bye.

peter, pillar, thank you both. >> thank you. jenna: one state taking a new stand against cyberbullying giving schools access to students social media passwords of the that is an interesting legal debate. óqoqúúñ@

jenna: we'll see you back hear in an hour. jon: "outnumbered" begins now. ♪ >> this is "outnumbered." i'm andrea tantaros. here with us today harris faulkner from our sister network, fox business's kennedy, host of the upcoming new show, kennedy. spokeswoman for the brand initiative. and #oneluckyguy writer for "weekly standard" and fox news contributor, stephen hayes is here. a should be hair model. >> gee, i have to color that now female tweets to color it.