action. don't close everything down. >> that's right. >> ridiculous. >> take control of our own lives. also the outnumbered overtime chat. we'll see you there and back here on tv at noon tomorrow. "happening now" with john and heather starts now. thank you. the governor of massachusetts speaking just a short time ago and enlisting a travel ban while things deteriorate in the eastern part of the state. the blizzard of 2015 pounding boston. howling winds. well over a foot of snow. >> largest public transportation system back up and running in new york city after a complete shutdown during the storm. we're covering all of the news happening now. >> the storm in general i think it's fair to say was less destructive than predicted. >> parts of the northeast dodge a big bullet. but other areas nowhere near so

lucky. powerful punch still left in this winter storm and where it's headed next. plus terror in tripoli. a deadly attack on a high-end hotel. now, new reports that isis is taking credit. is the terror group taunting the nations trying to eradicate it? and -- chilling details emerge about what wept on behind the doors of the treatment center where joan rivers spent her final moments. now the estate is filing suit. it's all "happening now." and we begin this hour with the terrorists of isis driven out of a strategic town on the syria-turkey border by fighters on the ground and war planes in the sky. welcome. i'm jon scott. >> i'm heather childers.

we've been following the battle for kobani for months. now the kurds are fighting forward after hoisting their flag and claiming control of the city replacing the black flag of islamic state. it is a big victory for the kurds and the u.s.-led coalition that carried out dozens of air strikes. >> meanwhile turkish villagers trying to cross the border to kobani found themselves teargassed by turkish soldiers and in libya militants that reportedly claim ties to isis storming a luxury hotel reportedly killing at least nine people there. national security correspondent jennifer griffin life at the pentagon with an update for us. jennifer? >> reporter: hi jon. a day after centcom announced 90% of kobani is controlled by the anti-isis coalition led by the kurds, this after the u.s. carried out 17 air strikes in and around kobani this weekend. they estimate that 1,000 isis

fighters have been killed in kobani and isis is withdrawing from the town on the turkish border. u.s. officials told fox today fighters are refusing to go to kobani. in another setback for the isis fighters this voidideo shows iraqis taking control of the city 60 miles north of baghdad. the iraqi ministry of defense says most of the provence is under iraqi control but on the hill a different picture painted in testimony before the senate arms services committee. >> in iraq and syria, isis has established a safe haven and training ground in the heart of the middle east that it is using to destabilize the region and threaten the coronational security interests of the united states and our allies. >> the isis advance stalled in iraq due to effective air power with modest gains in retaking lost territory.

however, a successful counter offensive to retake mosul is a very real challenge. >> that's because there is little faith amongst the military that the iraqi military can do it without serious help from coalition ground forces. 1,000 paratroopers from the 82nd airborne deployed this week to the middle east to begin training of the moderate opposition training and even which the pentagon won't begin until the spring. jon? >> jennifer griffin at the pentagon thank you. president obama heading back to the u.s. now after a visit to saudi arabia. the president along with current and former u.s. officials paying respects to the late king abdullah and meeting with saudi arabia's new king. and the political crisis next door in yemen, likely a major topic. kevin cork is live for us at the white house with more on this story. hi, kevin. >> reporter: good day to you, heather. as you pointed out, there's a

great deal of unrest in yemen. they have elected to keep it open for now. of course that is the backdrop for their neighbors in saudi arabia. and that, of course, is fresh on the minds of their newly crowned monarch who did meet with president obama as you mentioned and also with a relatively large u.s. delegation. all there in a very brief trip to saudi arabia to pay their respects to the late king abdullah who passed away last week. this, by the way, a very short stop following a trip to india where president obama reminders listeners in a speech no lock has on a religious group. >> in that moment of sheer grief, our two countries reaffirmed a basic truth as we must again today. that every person has the right to practice their faith how they choose or to practice no faith at all and to do so free of persecution and fear. >> reporter: and with so much

talk about islamic extremism around the world, the president taking the chance once again to burnish the argument no corner has extremism and despite the violent acts of a few they don't single out one particular faith as the source of all the drama in the world. by the way, the president heather, expected on the way back here to the u.s. and expected to land safely sometime tomorrow. >> all right. kevin corke 4r50i6live from the white house, thank you. >> you bet. another set back for the long delayed keystone pipeline project. senate republicans failing to get enough democrats on board to advance a bill to approve the pipeline. 53-39. the bill needs 60 to advance to a final vote. but it's worth noting that eight senators were absent from yesterday's session, some with the flu, some honoring campaign commitments and so now the

keystone debate drags on. ed o'keefe is reporter for "the washington post." in a word, why did this vote fail? >> gridlock. i think it's still that jon, frankly. different sets of leaders but the same concerns and it's all about process still. you know, were democrats given enough opportunities to introduce to get votes for amendments? republicans say yes. at least two dozen. may be a few more before it's all settled. but that was enough to prompt at least a few democrats that signaled to support the overall package of proposals to pull back their support in protest saying that democrats hadn't been given enough time to produce a few more, get the votes and then proceed to final passage. we are in week three of the debate over the bill. that's an incredibly long time for any piece of legislation, especially in the modern era and republicans are clearly eager to move on to the next thing believing that they -- at least they thought they had the support and now don't.

might take a few more days. >> i'm sure you saw the statement of harry reid now in the minority, minority leader in the u.s. senate. he says i have never seen debate shut down as aggressively as when senator mcconnell refused to allow democratic senators to debate their own amendments for a single minute. now, that is precisely the claim that republicans had about him when he was majority leader. they're saying hey we have already had more votes on amendments under mcconnell's leadership than ever under reid. >> a few things if we're going to be nitpicking and what the two parties are saying. first off reid added and that's saying something. he was somewhat acknowledging republicans making the same arguments against him. what reid is focused on at least one democratic senator got one minute to introduce and talk about his amendment. now, republicans would say, heck, at least he got to introduce it. and talk about it on the senate floor.

last year, that wasn't the case. yes, they have now had more amendment votes in the first few weeks than all last year. however, it was right after they hit that marker that mcconnell starting shutting things down. you can have the argument either way. gridlock that has infected this place for the last few years remains but there's some sense that perhaps after a few more votes, a little bit more talking between the parties there could be a vote this week to get it -- remember, then the house and senate have to negotiate a compromise bill. send it on to the president and said he would veto it. >> you think there are 60 senators who would vote in favor of keystone? >> there are at least 60 but some of them -- the democrats at least have qualifiers and that is if democrats are given a fair opportunity to introduce amendments. remember, these are the same democrats who have said they don't like the way things are run by their democratic leader last year and hoping for an open process. they were happy up until about last thursday when things

started to get shut down and hoping to see they or the colleagues introduce a few more and if that happens see guys that voted no last night flip their votes. maybe even someone like jon tester of montana, those are the moderates that said in general, in theory, they support the project but only if republicans are willing to play fair. >> welcome to the new era of comedy and cooperation in the u.s. senate. >> not much different than last year. >> doesn't sound like it. ed o'keefe from "washington post," thank you. >> take care. speaking of volatile volatile day on wall street to tell you about. u.s. stocks in the red, at one point the dow plunging more than 350 points. and investors not happy with some disappointing earnings reports. they can a look at the big board right now. the dow is down 279 points. that's about a 1.5% drop. now at 17,399.

and we'll have much more on what's impacting your 401(k) coming up with a live report from the floor of the new york stock exchange. now this fox extreme weather alert. parts of new england feeling the full force of a massive blizzard. eastern massachusetts and eastern long island could see two feet or more of snow before it's all said and done. but the storm was not as bad as expected in new york city and philadelphia. take a live look at times square. well, much of the camera -- okay. there's times square. pretty much business as usual now that the mayor of new york city lifted a travel ban. >> vast majority of the city we did not even hit ten inches. six, seven eight inches has been more typical in most parts of the city. still some snow happening today so we might pick up a few more

inches but obviously the worst is passed. >> meteorologist yeah nisjanice dean said it should clear out tonight. look at the totals before it's over. rick levinthal joins us from long island. rick? >> reporter: yeah. jon, new york city dodged the storm but central and eastern long island did not. two to three feet of snow and blustery and windy out here. the sun came out for the first time in days and the roads are an absolute mess. we took a drive around some of the streets here in uniondale and the plowed roads have a thick layer of snow and ice on them. the side streets covered with what appears to be roughly a foot to foot and a half of powder here in nassau county. we saw residents digging out or attempting to. even though the travel ban has been lifted for the state of new york, the governor is urging people to stay home. >> while the roads are open

that is not to say that unless you need to be on the roads, you should be on the roads. the roads are still dangerous. and they are passable. but there is a level of ice under the snow in many areas. and if you don't have to travel today, you really don't want to be traveling today. >> reporter: it's good advice. the travel ban is lifted in all of new york state and all of new jersey and will be in connecticut at 2:00 p.m. eastern time. and the rails are open again, as well, jon. they have cleared the tracks for the long island railroad. subways and the metro north are running on sunday schedules. amtrak resumed limited service and the airports never closed but seeing minimal activity because of the thousands of flights canceled over the last couple of days and exempt thing to ramp up a bit more tomorrow. the temperature 23 degrees. feels like 9 degrees out here. the snow on the ground now, jon,

is going to be here for a while. >> looks like it. rick out there on long island braving the cold, thank you rick. and we want to hear from you. should we speed up and expand u.s. investment in weather forecasting technology? in light of the failure in predictions for this particular storm. to join the conversation go to fox news.come/happening now and click on america's asking. cuba's former communist leader is ending his silence. what he has to say about the decision to restore ties with the u.s. after decades. we will have a live report. plus the dra mattic video. look at this. showing what happened to one pilot after his plane ran out of fuel in midair. and could the government soon be keeping tabs on drivers? new report that's raising alarm about big brother encroaching more and more on americans' lives. our legal panel weighs in.

before larry instantly transferred money from his bank of america savings account to his merrill edge retirement account. before he opened his first hot chocolate stand calling winter an "underserved season". and before he quit his friend's leaf-raking business for "not offering a 401k." larry knew the importance of preparing for retirement. that's why when the time came he counted on merrill edge to streamline his investing and help him plan for the road ahead. that's the power of streamlined connections. that's merrill edge and bank of america. if you have moderate to severe rheumatoid arthritis like me and you're talking to your rheumatologist about a biologic... this is humira. this is humira helping to relieve my pain and protect my joints from further damage. this is humira giving me new perspective. doctors have been prescribing humira for ten years. humira works for many adults. it targets and helps to block a specific source of inflammation that contributes to ra symptoms. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers

including lymphoma have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. talk to your doctor and visit humira.com this is humira at work

@! earning unlimited cash back on purchases. that's a win. but imagine earning it twice. introducing the citi® double cash card. it lets you earn cash back twice, once when you buy and again as you pay. it's cash back. then cash back again. and that's a cash back win-win . the citi double cash card. the only card that lets you earn cash back twice on every purchase with 1% when you buy and 1% as you pay. with two ways to earn, it makes a lot of other cards seem one-sided.

investigation under way into a deadly jet fighter crash. happened yesterday at a military base in southeastern spain. at least ten french and greek military personnel were killed in the incident. more than two dozen others injured. officials say the jet was taking off and crashed during a nato training exercise. indonesia's military officially ending the recovery efforts in the crash of airasia flight 8501. the head of the military search and rescue task force saying the decision comes after four days of unsuccessful attempts to raise the fuselage. the voice and flight data record earls were recovered earlier this month. flight 8501 crashed at the end of december with 162 people on board. a total of 70 bodies have been recovered from the wreckage. indonesia's search and rescue agency says that it will

continue the search for the rest of the victims with its own ships and helicopters. the coast guard recording video of a pilot ditching his single engine plane in the ocean after running out of fuel. it happened about 250 miles off the coast of maui. see the propellers simply stop spinning. a special ballistic parachute deploys before that plane starts to spiral toward the water. the parachute inflates -- slows down the fuselage and allows it to flachsplash to a belly landing. the pilot hopped out and escapes on a raft. he was picked up by a cruise ship in good condition. but that's a very expensive airplane that's at the bottom of the pacific. >> very lucky. he once ruled cuba with a firn fist and now former leader fidel castro breaking the silence on cuba's decision to

restore diplomatic ties with the u.s. after five decades apart. the comments delivered in a letter read in front of students at the university of what vannahavana. >> reporter: the fact it's taken fidel castro more than a month to react to the momentous change of policy between cuba and the u.s. raised a lot of questions. seems like the 88-year-old former leader of cuba giving a grudging talk of support of the talks to lighten up on the embargo and the remarks published. no sign of fidel castro himself and did write we'll always defend cooperation and friendship with all the people of the world including our political adversaries. he went on to add that he does not trust the policy of the united states. he's not exchanged a single word with anyone on the u.s. side over the shift in the relationship between the two countries. right now this is really spread rumors, especially here in

miami. the failure to comment and the failure to appear. castro himself has not been seen in public in more than one year. he turned over power to his younger brother raul due to health concerns in 2006. heather, back to you. >> steve live for us, thank you. new raids against terror in europe. authorities believe they may have stopped one of the most dangerous jihadist branches. plus could isis be expanding the sphere of influence to north africa? the latest on a deadly attack at a hotel in libya where terrorists reportedly claiming the credit.

vo: introducing the starbucks flat white. crafted with two ristretto shots for bolder caramel-ly espresso. whole milk... steamed to a sweet velvety microfoam delicately poured, so the espresso rises to the top. the perfect union of bold and sweet.

simplicity is its own artistry. have you heard of the new dialing procedure for for the 415 and 628 area codes? no what is it? starting february 21, 2015 if you have a 415 or 628 number you'll need to dial... 1 plus the area code plus the phone

number for all calls. okay, but what if i have a 415 number, and i'm calling a 415 number? you'll still need to dial... 1 plus the area code plus the phone number. so when in doubt, dial it out! welcome back. eight more suspects caught in anti-terror raids in france and

belgium. raids in southern france detaining five people suspected of involvement in a jihadist branch which french officials call very organized and dangerous. those raids in france and belgium come three weeks after the deadly attack in paris. and france urges its european partners to help fight terror financing. new measures to make transactions more transparent. so militants reportedly with allegiance to isis claiming credit for today's deadly attack in libya at a luxury hotel in the capital city of tripoli. officials say at least nine were killed when gunmen stormed the corinthia hotel on the coast and the attack included a car bomb. joining us now, a man with military experience and a deep knowledge of iraq and the middle east, retired lieutenant colonel bill cowan making trips to iraq, many in the war, a founding

member of the intelligence support activity he is a fox news military analyst. so this hotel attack, are you convinced that this was isis or isis inspired? >> well it's hard to tell, jon. they're claiming they're isis inspired and isis is trying to gather the islamic groups to come to their cause and reasonable to assume they're inspired by isis. >> taking place in libya the white house has pointed to libya as a success story from the standpoint of american policy. >> yes, they have, jon. they did call it a success story and probably the most failed state on the globe right now with syria. maybe a close second. there's a factional tribe and factionalist islamic groups and two claim they're the legitimate government. some of these tribes are fighting each other. it's a very, very dangerous

place to be most westerners are not there right now for obvious reasons. this attack being one and frankly, jon things going on every day where people are killed by one group or another. >> you have two governments essentially fighting for control of that place. >> yes, you do. one of them is -- has clear alignment with islamist groups and people in the former legislature who have joined it. they're in two separate locations and the united nations is trying to broker a deal between those two groups and in fact, many of the other elements and other elements, tribes included to bring a stability to libya. it's all a long way off and as long as you have the radicals, a lot of libyans alongside members of isis fighting in iraq and syria right now, right now you have the entity that is are radical, you can't control without force, it's going to take a long time until things stabilize. as much as before they stabilize in iraq or syria. >> yeah, well if i sis is

claiming the credit for that hotel attack, it raises the question, are we winning the battle against isis? there was a huge victory for kurdish troops and the u.s.-led coalition. isis was pushed out of kobani, that town on the border of turkey and syria. the kurds replacing the flag with their own yellow banner. we see it flying there. does it mean that the tide is turning against isis or are they just -- is it just, you know squishing jell-o? moveing somewhere else like for instance, tripoli? >> i like the way you said that. jon, clearly kobani is a symbolic victory for the kurdish forces, for the coalition forces. a lot of coalition air strikes in there as you well know and there have been some successes in diala province in iraq but isis was trying to bite off more

than it could chew and the victories cause them to pull back consolidate. heather was just talking about the arrests in belgium and france. the french incident three weeks ago was al qaeda affiliated and the belgium arrests associated with isis and the arrests in belgium may have been more isis cells out there trying to establish themselves in various placed around the world. >> you think as a military organization stretched too thin? >> stretched much too thin, jon. they had so much resounding success in such quick order they just went too far out there. reminiscent of hitler in world war ii pushesing the forces to moscow and then finding the supply lines cut off. they had the same problem with isis. they extended themselves and trying to resupply the forces we had the air power trying to get any of the convoys and movements between big cities and other cities eliminated so isis

is probably learned a big lesson here. that lesson causes them to come sol date. they have about 14 million people under their control and still almost a nation state with a full up economy running producing oil and that hurts them a little bit. there's factors to play with isis but there's one thing for certain, jon. isis is not about to go away any time in the short term. >> we have u.s. and other coalition forces in the air taking them on. is that campaign limited as it has been is is it proving effective? >> well, i think it's marginally effective and played a role here in kobani and likely what happened over time, the kurds themselves in kobani figured out how to work with the coalition forces in bringing in air strikes or they have been -- i'd go so far to say there's u.s. or british or australian orca nadian special forces people on the ground there with some of those kurds helping coordinate air strikes because good

precision air strikes are the key to pushing isis back and if we don't have good air strikes based on good tar getting on the ground, good intelligence, we'll have some success and not the kind we would wish we would have. >> bill cowan thanks. you were talking about libya. we'll stay there for a moment after the break. we have brand new developments in the benghazi terror attack investigation. thousands of never before released documents being sent to congress. but political in-fighting continues to disrupt the special committee on benghazi. we will have the latest. a committee moving forward with a plan for more sanctions on iran. in defiance of the white house. plus, the emotional ceremony marking 70 years since the liberation of one of the most notorious nazi concentration camps. you just got a big bump in miles. so this is a great opportunity for an upgrade. sound good? great. because you're not you you're a whole airline... and it's not a ticket you're upgrading

it's your entire operations, from domestic to international... which means you need help from a whole team of advisors. from workforce strategies to tech solutions and a thousand other things. so you call pwc. the right people to get the extraordinary done. ♪ ♪ jack's heart attack didn't come with a warning. today, his doctor has him on a bayer aspirin regimen to help reduce the risk of another one.

if you've had a heart attack be sure to talk to your doctor before your begin an aspirin regimen.

political in-fighting is hampering the search for the answers in the benghazi terror attack. the benghazi special committee received 15,000 pages of new documents never before released to congress. chief intelligence correspondent katherine herridge live in washington with the latest. katherine? >> reporter: tension came to a head this morning in the third public hearing of the benghazi select committee and there is a struggle for control and for the direction of this investigation. a state department witness who

it turns out wrote a blog critical of republicans and benghazi claims testified today that making the diplomatic security agents with firsthand knowledge of the attack available could jeopardize the ongoing fbi investigation. >> what i am conveying is that the justice department has told us that this could have an impact and would like to have a conversation with you and your committee about that. >> this led to a heated exchange with the republican chairman questioning why the access is denied to the select committee and not other state department controlled investigations and he added that there are other blocks. >> compliance with congressional inquiries is important and you have time for diplomacy i think you have time to comply with a legitimate request for documents from congress and i'm sure you agree. >> democrats say republicans interviewed a witness that did not corroborate the claims of

raymond maxwell who claimed documents were destroyed by the state department under hillary clinton's watch and then this information was with held from democrats to undermine the republicans' cover up claims and there was also an allegation that it's a myth. democrats want veto power over witnesses. >> what we have asked for is to be notified of them, to have a chance to weigh in. ranking member and chairman can agree on them and where they're disputed disputed, have a vote on them. >> the cia witness took a lot of heat today accused of providing documents to the committee highly disorganized. the implication was that was done on purpose. and then heavily redacting documents were it was not necessarily. jon? >> those new documents,

katherine, where are they from? >> i don't want to give you bad information. we're not clear exactly where they're from but at the heart of today's hearing is for a year and a half the state department is asked to produce all the documents and not been the case to date. >> hmm. interesting. we'll see what's in them we hope. thank you. >> you're welcome. a major showdown shaping up on capitol hill today. the senate banking committee moving forward with a hearing on a bill to increase sanctions against iran over its nuclear program. it's a move that the white house strongly opposes. chief congressional correspondent mike emanuel live for us on capitol hill. mike? >> reporter: there's breathing room saying they won't support a new iran sanctions bill until the end of march but they don't sound all that optimistic. >> we remain deeply skeptic that iran is committed to make the concessions required to

demonstrate to the world that the nuclear world is exclusively peaceful by march 24th. the fact is that negotiators are now in their 18th month of talking. and senior administration officials continue to forecast the chance of reaching an agreement at less than 50/50. >> reporter: as the senator mentioned there, talking about the iran nuclear issue going a long time and the suggestion by president obama that iran has halted progress of its nuclear program given three pinnochios by "the washington post" and today the administration official said talks may need more time. >> i can't absolutely rule out that we would look for additional time, for example, if we get to june and we've had the core elements of the deal in place and working on the technical details and it turns out that we need a little bit more time we may come and seek it. >> reporter: meanwhile the administration kritdic of its iran policy israeli prime

minister netanyahu is due to address congress and house speaker john boehner defended extending the invitation. >> house representatives is an equal branch of the government. and we had a right to do it. and we did it. i'm frankly proud of the fact that the prime minister has accepted our invitation and will be here march 3rd to talk to the members of congress about the serious threat that iran poses and the serious threat radical islam. >> to be clear, there are plenty of folks here on capitol hill who don't believe the iranian regime is serious about striking a nuclear deal with the u.s. and so at this point, at least some folks on capitol hill are willing to give the administration a little more time to make sure that these talks with the iranian regime don't collapse. heather? >> mike, thank you. it's been 70 years since applied troops liberated

prisoners at auschwitz. this year, survivors will return to the camp to share their stories with the next generation. amy kellogg joins us live from london. amy? >> reporter: hi, jon. that ceremony has just wrapped up and it was a very somber ceremony. but it was also a celebration of the survivors, their resilience. their numbers are of course dwindling but in the last few days they have really opened up. they have shared their stories. they have unloaded some of their sorrow. and they have really tried very hard to safeguard their legacy. we have heard tales of pain and sorrow and loss. as these survivors honored the dead. they brought their children and their grandchildren to ensure that the stories live on in order that nobody ever forgets. >> because evil takes the first group. but it won't stop. it can destroy all of us. eventually.

so we have that responsibility to look after each other. and failing? iez to do that there's another auschwitz. >> reporter: world leaders attended the ceremony and glaringly absent is russian president vladimir putin and the red army that actually liberated auschwitz 70 years ago today. he is not the most popular figure in europe as of late and russia did have a delegation at auschwitz today. a big topic of concern is resurgence of anti-semitism here in europe, particularly raw emotion given the terrorist attacks in paris earlier this month. the head of the anti-defamation league in europe this week himself had this to say. >> i find it difficult coming to europe because europe for me as a jew is a survivor and for many us is a huge cemetery, and yet yet, i'm so desperate not to provide hitler with a posthumous

victory. >> reporter: over 1 million jews were killed, jon, at auschwitz. 300 survivors turned out for the ceremony today. jon? >> wow. amazing that that many remain alive today. 70 years later. amy kellogg, thank you. big brother may be moving closer to reality. a new report the government is expanding a database that can actually track millions of vehicles live. so, is it more about crime fighting or is it an intrusion into the personal lives? legal panel will weigh in. a lawsuit being filed in the death of comedian joan rivers. those details ahead.

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 in charge™.

you owned your car for four years. you named it brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends. three jobs. you're like "nothing can replace brad!" then liberty mutual calls. and you break into your happy dance. if you sign up for better car replacement, we'll pay for a car that's a model year newer with 15,000 fewer miles than your old one. see car insurance in a whole new light. liberty mutual insurance. hi everyone. today on "the real story," there's a big benghazi hearing on capitol hill with the state department releasing 15,000 new documents to the committee.

what do they say? a video in deflategate. what is the key to showing what happened? we'll ask brian kilmeade. a state is starting a news service. who is it and why are they doing it? all top of the hour. new concerns about government intrusion into our lives. "wall street journal" reports the justice department is creating a database to track the movements of millions of vehicles all across our country and they're doing it in realtime. the report said the program began as an effort to combat drug trafficking near the mexico border but the government is working to expand it and for several years. let's bring in doug burns, former federal prosecutor and lee wells is a fox news legal analyst. thank you for joining us again. >> my pleasure. >> what is your opinion on this? numbers are staggering. thinkeer boasting about 1.8 billion detections so far and

growing at a rate of 70 million per month. >> here's the thing that makes me nervous. the fourth amendment search and seizure. you have to have a warrant to do this, to get that information out without even going for a court. i mean, i love the idea of tracking the bad guys and the drug lords all of that. get them. but you got to go through the process and i'm not sure they have done it here. >> let's make sure i heard this right. lis wiehl thinks the program is illegal? it must be really bad. joking aside, she is right. the supreme court said this is interesting, a farm growing marijuana and used a laser technology to come in and look. >> without a warrant. >> into a green house and the supreme court led in that opinion if i'm not mistaken by scalia said it was a fourth amendment violation and if you want to closely track vehicles you should have some kind of court intervention. >> not only tracking the license tags, they can take pictures of the drivers inside.

>> and keep them. they get rid of that in 90 days and that's small solace to a lot of people. if you get somebody based on this, you know unwarranted search if i'm a good defense lawyer coming in, doug help me out. >> move to suppress. of course. >> you can't bring it in any way. >> they say there are protocols in place so only certain people will be able to access these data bases but as we have seen we can't rely on that. >> that's too far down the road. in other words, if there's a protocol, great idea as a policy matter and doesn't go back to a fourth amendment violation at the time you did the seizure. one distinction in fairness to the program, normally, as a federal prosecutor to track a car with a device on the vehicle, you'd need court approval. this doesn't do that. it's just looking at it. it's more debatable. i agree. i don't think you can do it under the fourth amendment. >> nsa, to the irs and we are constantly hearing lower level

employees gaining access to these databases. >> correct. exactly. >> it could be a -- >> the point is it's not even usable. why go it was a sat loss across the board. the final moments of comedian joan rivers. new details about the doctors who treated her and what went on behind closed doors and why it all prompted a lawsuit.

vo: 85 percent of people who travel will go someplace they've already been. where's the fun in that? it's time to find someplace new. book the hotel you want with the flight you want and we'll find the savings to get you there. 73% of americans try... ...to cook healthy meals. yet up to 90% fall short in getting key nutrients from food alone. let's do more... ...add one a day 50+. complete with key nutrients we may need. plus it supports physical energy with b vitamins. one a day 50+

joan livers was known for making people laugh. the late comedian's daughter melissa, suing the new york clinic where rivers stopped

breathing. last september melissa rivers claims the negligence of doctors and triggered a comaa led to the comedian's death. doug, i'll let you begin here. were they negligent? >> well, yeah that's the question and i have two responses. one is as a trial lawyer, look, we wait for the evidence to develop in a full blown trial and we figure it out. and the other is that it certainly seems as though from what we have read accounts of what took place that the standard of care really did amount to a breach of duty. what professionals can't maintain their professionalism, and they become a fan. here apparently some medical personnel allegedly were taking

selfie with them and joan rivers in the photo. >> melissa talking about the pictures, the selfie also the procedure that they had not approved of that was done without her permission, and also the doctor in question allegedly left the room. >> what they'll say is she signed every waiver maybe she shouldn't have been in a small clinic to begin with. but they'll say a waiver. but the thing is with a waiver. no matter what you say, you cannot waive your rights to not be treated with gross negligence, you cannot waive that away, no matter what. >> you know, they have all this consent and waiver forms and a consent to doing procedure, a, b and c and i waive claims of

liability. but you can wave some claims, but not ones where they were in fact grossly negligent. and they were taking photos for example or whatever it was. but there's lots of other things besides the photos that are being alleged. >> can you imagine highway this is going to play out in front of a jury? a jury sees that and says that's my mom? >> because of that, are they going to want that to happen? >> i think it will be settled, i said that i think it will be settled, i don't think you're going to see a trial, and the exposure and the negative publicity would bes a stouchbtding. >> john? >> well, the blizzard of 2015 might have wound up sparing some of the northeast but new england is not escaping the fury of this winter storm. howling winds and nearly three feet of snow in some places we'll tell you when the sun

might peek out once again. [ male announcer ] at northrop grumman, we know in the cyber world, threats are always evolving. at first we were protecting networks. then, we were protecting the transfer of data. and today it's evolved to infrastructure... ♪ ♪ ...finance...

and military missions. we're constantly innovating to advance the front line in the cyber bate, wherever it takes us. that's the value of performance. northrop grumman. how much money do you have in your pocket right now? i have $40 $21. could something that small make an impact on something as big as your retirement? i don't think so. well if you start putting that towards your retirement every week and let it grow over time, for twenty to thirty years that retirement challenge might not seem so big after all. ♪ ♪

and thank you for joining us. thanks for coming in. >> the real story with gretchen carlson starts now. >> connecticut now the latest state to lift it's travel ban. so the big business saturday of 2015 packing a lighter punch than first expected for parts of the northeast at least. but some areas in new england still getting socked. most of massachusetts expecting two feet of snow before it's over. janice dean tracking the storm. snow is