martha: busy morning. bill: yep. i don't have anything left, do you? i would love to drive that car. martha: i know. 0-60. and some interesting phraseology coming out of people's mouths as that car accelerated but we had to beep it out. see you back here tomorrow everybody. thanks for being here. ♪ ♪ jon: americans are as divided as ever about their chances for prosperity here at home, and our leaders' handling of crises overseas according to some brand new fox polls. welcome to "happening now," i'm jon scott. patti ann: and i'm patti ann brown in for jenna lee. the improving economy is helping the mood, but many voters simply don't agree with the vision that president obama laid out in his state of the union speech, the idea that america is a tight-knit family. jon: in fact 73% call america a dysfunctional family. according to our poll conducted this week. president obama's job approval rating ticking up slightly from last month to 45% thanks in part

to the improving economy. but there is fear for the homeland. 84% believe terrorists will soon try to launch an attack on u.s. soil. nearly half of americans are unhappy with the president's handling of those terror threats. 47% say he underemphasizes the threat as the white house waffles on calling out terrorism. >> the president's bedrock commitment as commander in chief is to leave no man or woman behind. that's the principle he was operating under. >> isn't that what the jordanians are operating under? >> i think john -- >> the taliban is still conducting terrorist attacks, so you can't really say the war ended as far as they're concerned. >> the taliban is an armed insurgency, isil is a terrorist group. so we don't make concessions to terrorist groups -- >> taliban a terrorist group? >> i don't think of that, that the taliban -- the taliban is an armed insurgency.

this was the winding down of the war in afghanistan, and that's why this arrangement was dealt. jon: a lot of wrestling with the words there at the white house. just 15% of voters think the u.s. is safer since president obama was elected according to this new poll. more on what all of this means politically in the hours ahead. karl rove, joe trippi and chris wallace weigh in today during "happening now." patti ann: well meanwhile, another gruesome deadline apparently issued by the terrorists of isis has come and gone. jordan says a female member of isis held on death row is still in the country. this despite the sunset deadline to turn her over to save the life of a jordanian pilot captured by the terror group. conor powell is stolling this story from -- following this story from jerusalem. hi conor. >> reporter: well, that deadline has come and gone. isis set it for sundown mosul, iraq, time today. as far as we know, the prisoner exchange has not, in fact, happened we don't even know if

they are all talking. but what we do know is jordan, japan and isis have have been negotiating for some time now about a prisoner exchange but so far nothing has happened just yet. talks have been ongoing. in an audio recording just a few days ago released by isis, the japanese journalist says jordan must release the prisoner for his life by sunset today. she's an iraqi citizen who was captured and arrested in 2005 wearing a suicide vest while attempting to blow up a hotel in aman jordan. jordan is open to doing a deal with isis but only if isis releases a jordanian pilot who was captured by militants last month when his jet crashed over syria. however, the remaining roadblock seems to be that he is, in fact, still alive. there is no proof given by isis in recent days or weeks that he is, in fact, is still alive.

now, king jordan -- king abdullah of jordan is under a lot of pressure to do a deal. pilot is from a large and important family in jordan and his tribe, his family are asking that he be released and returned immediately. jordan has asked for this proof of life, and it doesn't seem there will be any deal with isis anytime soon until they provide this proof of life. we don't know why they aren't doing it. obviously, there's a potential he is not, in fact alive anymore which would mean any type of deal for the female terrorist is probably off the table. there are a lot of questions about whether or not this deal should be done, what it means for other hostages. but for right now japan jordan and isis have been negotiating but where that negotiation stands, patti ann, is still very much up in the area. up in the air. we'll continue to follow this. jon: new analysis now on the president's proposed tax plan showing his policies would increase taxes for the wealthiest americans while

reducing them for the poorest 20%. for the middle class, however, the focus of the president's state of the union, the analysis says the president's policies appear to be a wash. now republican lawmakers and potential 2016 candidates are making their own pitches to try to tackle income inequality. karl rove served as senior adviser and deputy chief of staff to president george w. bush, joe trippi was former campaign manager for howard dean both are fox news contributors. the president, joe, says he's all about strengthening the middle class but this budget analysis suggests that the plans he announced in the state of the union aren't going to do much for the middle class. what does he say about that? i mean, what should he say about that? >> well, i think the democrats and the administration are going to be relentless about putting -- these are just the first ones, but i think they'll be relentless putting proposals out to build from the middle out, not top down, you know, as a lot of republicans have tended to propose for, to create

growth. i i this they're trying to -- i think they're trying to get growth to come from the middle out. the republicans you see both mitt romney and rabid paul start -- rand paul start to try to aaddress income so i think getting ideas from both slides right now -- sides right now is going to be interesting. i'd be entered in seeing what karl thinks. jon: what about that, karl? is income inequality going to be the issue for the 2016 presidential race? >> well it's going to be one issue, but there's going to be a distinctly different view from the republican side than the democratic side. you saw it in this able sis of the -- analysis of the president's tax proposals. he takes from the top and gives to the bottom 20%. they don't really have much of a tax burden at all. what it in essence is, a transfer payment taking max money from more -- tax money from more affluent americans and

providing cash to those at the bottom. they have virtually no taxes, in fact, they receive refundable tax credits. they get money out of the tax system rather than putting money in. but i do think republicans are going to say look, the middle class, the median family income dropped $2,084 under president obama, first time in an economic recovery we've seen median household income go down and that's in part because of the president's tax and spend policies and because of their disincentives to work, things they've put in place to discourage people from taking employment, and we have to have more robust economic growth in america in order to reverse that trend. jon: dun the president -- doesn't the president, joe, have to answer for that? he's been in office six years, he inherited an economy that was really not as bad as ronald reagan's in many ways, and yet reagan managed a much more robust recovery in six years than this president has. >> well look the economy was

collapsed in 2008. so, i mean, i don't want to go back and reinvent who did what, but the fact of the matter is the obama administration a lot of the actions the bush administration took as we went into that crisis absolutely benefited the financial community in wall street in terms of creating a mechanism where assets rose where, you know, the fed was pumping money in and assets were rising. we've seen the stock market hit record highs and as karl points out, middle class incomes have stagnated and drifted down. so taking, you know tax, you know basically raising capital gains, yes, taking some -- charging more out of the taxes for those who the 1% who have done incredibly well during the last six years and putting that money -- by the way, the middle class and the poor have been waiting for it to trick aring

down. it hasn't -- trickle down it hasn't. and so i think the administration is trying to build middle class economics, muddle class -- yes yet 20% lower income more cash. they're buying things, that helps the middle class. and you create more jobs and growth that way. you know, we can argue about which one -- and by the way, i think the 2016 general election may actually be about this those two differences of opinions about how to do it. you know and i think that'll be a really robust debate for the country to have. jon: yeah. it's going to be fascinating to see who the nominees turn out to be. let's thinking a little bit deeper into the 2016 field especially on the gop side. who should we keep an eye on? we just heard lindsey graham karl, say that he is launching a committee that could perhaps take him to presidency. what do you -- how would you assess his chances? >> well, look, my view is watch 'em all. this is going to be the most

volatile unpredictable race possible. my column this morning in the "wall street journal" dealt with a very interesting poll from cbs in which they did not have a list of names they simply said who do you want to have be the republican nominee for president? 45% of republicans did not have a chance. that's a very high number. and what that says to me is at this early stage people are watching carefully, and they want to have somebody who demonstrates they have the chops to win the white house. but we're going to have a very volatile race, and lindsey graham has got a record on national defense that gives him some strong talking points and, incidentally, comes from an early primary state. the interesting thing will be if lindsey graham gets into the race how likely are people going to contest south carolina? you know, iowa picks somebody, new hampshire picks somebody, and south carolinians like to say they settle the issue. if he runs do people treat

south carolina the same way or basically say it's going to be lindsey's home turf, we're not going to play seriously and the contest takes longer to reso. jon: in that poll, joe 59% said mitt romney should run. now, you have run a presidential campaign. i know on other side. but just taking off your democrat hat and looking at those poll numbers, if you were advising mitt romney would you tell him to jump into this race, that it's his to win? >> well, he certainly has every right to jump in. i wouldn't advise him to do it. it doesn't tend to work out very well for someone like him. you just don't see a lot of enthusiasm out there. but he look, he certainly deserves the opportunity. i would agree with karl though this thing's wide open right now. i would not discount anybody. i wouldn't discount carly carly carly fiorina, anybody many this race least of all lindsey graham. i do think karl's right too, i agree with him the south

carolina piece of this. you know we had tom harkin run in iowa, senator from iowa go one year in 1992, everybody skipped it, and that gave bill clinton a shot at new hampshire and onwards, you know iowa suddenly didn't mean anything anymore in the democratic party. it used to be the place you had to win. that changed that year. lindsey graham's entry, if he does get in, could change the way south carolina decides this thing. that could delay the process and could go on for a long time. jon: one thick you say, karl, in that "wall street journal" column is these candidates should not rely on criticism of barack obama or hillary clinton to propel them to the white house. everybody's going to have to come with big ideas. >> yeah, absolutely. look, if you take a look at the poll, the cbs poll it had four groups. it had the people who were well known with positive images those who were well known but had bad imagings, and those that

were not well known and who were upside down. the people who are some of the most vociferous critics of the president are in the groups that are, basically upside down. you get a hint in that poll that what republicans are looking for is who are you? i'm not going to pick the person on basis of they're the best person at critiquing hillary clinton or barack obama. sure, go ahead and critique them if you like, but i will look at that in order to understand who you are, and i want to know what it is you'll do and how you're going to lead the country and what your values and views are. and i think it's i think you get a strong hint this that poll that that's going to be a requirement. you certainly get it when you have 45% of the people saying, you know, i don't know enough yet to make a decisioning. everybody's been critical of president obama and secretary clinton, and for good reason. but i think what the republican primary voters are saying is tell us who you are and what you're going to do. jon: joe in 15 seconds do you agree? is it a wide open race on the

republican side? >> it's wide open and i think the people that are going to have the better shot are people who beat expectation, the expectation of what we already think of them. jeb bush, you know you've got the bush family, but he's not george bush. i think people are going to see gets out there. i think. chris: disis going -- chris christie is going to get a much better look than people think. if you go in with ideas and you sort of are not who the perception is, going in and just whacking obama anybody can do that, and everybody's going to. [laughter] it's not going to get you there. you're going to have to have ideas, and anyone can break through. jon: a wide open race. good to have you guys taking a look at it with us, joe trippi karl rove. talk to you again soon. patti ann: a gruesome discovery inside a suitcase in a major city's downtown. we'll tell you what was inside and other details police know right now. plus the measles outbreak linked to disneyland is spreading once again. how many people are infected now, and what do most of them

have in common? and the senate is set to vote on keystone today. we want to hear from you do you support the keystone pipeline? our live chat is up and running. go there now, foxnews.com.

jon: right now new information on some crime stories we're keeping an eye on. a death row inmate in texas wants the supreme court to stop his execution planned for later today. robert ladd's attorney arguing he's mentally disabled. ladd was convicted nearly ten years ago of killing a woman and setting fire to her body while he was on parole. a jury now chosen to hear the third murder trial of an upstate new york businessman. cal harris stands accused of killing his wife in 2001. opening statements set to begin next week. and police investigating the discovery of a dismembered body found inside a suitcase in downtown san francisco. police say there is a suspect, but they're not releasing any information about that person.

patti ann: the measles outbreak linked to disneyland is getting worse. nearly 100 cases now reported across more than half a dozen states and mexico. most of the infected were not vaccinated against the disease, and now some schools are taking action banning students without immunizations from classes. adam houseley is live from los angeles with this story from -- for us. >> reporter: yeah, it's been going on for more than a month, and quince dentally, my wife and i took our son to the the pediatrician about three months ago, and he was talking about the frustration doctors are having from students who are not getting vaccinated at all. now, the outbreak because of all of this has spread across a number of western states and into mexico. health officials in arizona keeping tabs, for example on 1,000 people including nearly 200 children who could have been exposed at a phoenix-area medical center. those who haven't been vaccinated are being told to

stay home for at least 3-- 21 days to have to to wear a mask be they go out in public. in fresno, california, a man with a confirmed case visited a labor and delivery area of a lock hospital. health departments are reminding people to get vaccinated and trying to figure out who's been exposed. >> there's going to be no way for facilities to know the customers that came through during those times. obviously, we'll be looking at their staff, and they will know who on their staff was there at that time and will be checking their immunizations and making sure they understand what symptoms to look for. >> the scary thing about measles is that you're infectious about a day before you have any symptoms at all, and you're infectious for four days before you develop that typical rash that lets people know, hey, this is measles. >> reporter: doctors are also urging and health officials people who may have been exposed not to show up at doctors'

offices, emergency rooms or urgent care centers. they're instead saying just make a phone call and we'll go about it that way. even if you're vaccinated, you can still get the measles, it's just not as serious or dangerous. of course, it takes up to 21 days in some cases, patti ann for the symptoms to actually come out. and is one more note, this all originated in disneyland about a month ago from what they think but one patient who wasn't vaccinated. patti ann: adam houseley, thank you. jon: the murder trial for aaron hernandez getting underway right now. the issues with the jury that held things up earlier today. plus deadly skirmishes between israel and hezbollah the worst in nearly a decade. now hezbollah says it wants to tamp it all down. we'll ask an expert on region about that militant group's real motive. know that chasing performance can mean lower returns and fewer choices in retirement. know that proper allocation could help increase returns

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jon: days before his old team will play in the super bowl, aaron hernandez the former wide receiver, will hear opening statements from prosecutors in his murder trial. hernandez pleaded not guilty to killing o done lloyd -- oden lloyd. fox news correspondent mollyline is following the trial, she is in fall river massachusetts. molly? >> reporter: well jon, there was a bit of a snag this morning, some juror issues but that has been solved and the judge is now charging the jurors -- 12 women, 6 men -- telling them they are the judges in this case it will be up to them to listen to the evidence in the courtroom. what they hear and see on the various sites they are taken to see over the course of this trial and to make their

decisions as to whether or not aaron hernandez is guilty of murder and some of the weapons charges he is also facing and as to whether or not he will ultimately spend his life in jail. the judge telling the jurors also to avoid social media and any news reports about the trial and to avoid doing any research. aaron hernandez, 25 will sit before this jury who will decide his fate in this case. prosecutors allege that he orchestrated the execution of his friend in june of 2013. the body of o oden lloyd, who was 27 years old at the time was found less than a mile from the mini mansion that hernandez shared with his my fiancee and daughter in addleboro about 40 miles south of boston. it's alleged hernandez summoned friends via text message to come up and join him. carlos ortiz and ernest wallace have each been charged with murder as well. they'll be tried separately in this case. investigators believe all three

of the men were there when oden lloyd was picked up at his home in boston and driven down close to the neighborhood where hernandez can lived lloyd's bullet-ridden body found in an industrial park not far from the home. things are just getting underway, we're expecting the opening statements before too long. back to you, jon. jon: interesting timing with the super bowl just about here. molly line, thank you. patti ann: israel and the militant group hezbollah apparently standing down now after a day of fighting. hezbollah says no more attacks are planned after killing two israeli soldiers with a missile strike. the attack was in retaliation for an israeli drone strike in syria that killed six hezbollah fighters. jonathan chancer is vice president of research at the foundation for the defense of democrats and the author of the -- democracies and the author of "the unmaking of the palestinian state." thank you for joining us.

>> my pleasure. patti ann: this started back on january 18th with this drone strike that killed six hezbollah fighters and an iranian general in syrian territory. yesterday hezbollah responds by killing two israeli soldiers in israel near the lebanon border. israel then fired on lebanon a spanish peacekeeper was killed in that incident, but in any case both israel and lebanon now say it's over. what do you make of this? >> well, i think there are a couple of things to note here. number one, we should all be very concerned that hezbollah and iran are essentially trying to turn syria into a new front from which they would be able to continue to fight israel without any real without anybody stopping them. in other words, exploit war-torn syria for a very cynical end. i think what we've also learned from this incident is that his whether's essentially now -- hezbollah's essentially now concerned about drawing its pop

ration into -- population into another war. they don't want to be dragged into hezbollah's fight. they've been quite up popular of rate -- unpopular of late. and so what you're looking at is a newty namic in a war that has been going on for several decades and spawned by iran. patti ann: israel's defense minister says the airstrike by israel earlier this month in syria was useful in setting back efforts by iran and hezbollah, in his words, to open a new front against the jewish state from the golan heights the syrian portion. so is this a proxy war with iran? >> well it has always been a proxy war with iran. you're asking exactly the right question. hezbollah is essentially owned and controlled by the iranians. they are armed, they are financed, they are trained by the iranians and so this is an attempt on the part of the iranians to expand this war that they have been backing since the early 1980s.

and so we shouldn't be surprised that this is happening. i think what's more concerning though right now is that inside syria it has been incredibly chaotic. it has been extremely difficult to control and what we now see is irgc, the e heat fighters -- elite fighters of iran that are based there as well as hezbollah along with assad's forces, they are now looking to turn their guns not only at isis and the us in rah front and the other syrian rebels but they're looking to draw israel into this to exploit the chaos. patti ann: but in this latest incident both israel and hezbollah sent messages saying they don't want to further escalation. they have their reasons -- israel has an election coming up in two months hezbollah busy fighting on assad's side in this civil war in syria but nonetheless, the biggest incident since the 2006 war between israel and hezbollah. so why did this start? >> well, it started because the

israelis apparently received intelligence that hezbollah and iran were working to set up new offensive fighting capabilities in syria and the israelis responded very quickly with a drone strike and neutralized that threat. hezbollah, of course then found itself in a position where it had to respond. it couldn't be seen as looking weak. but as you note both sides are reticent to get into conflict. the israelis really never want to get into conflict with hezbollah if they don't have a choice. hezbollah has essentially 90,000 rockets facing south at israel right now that can reach just about every city and every crevasse of the country, so the israelis know the next war will be extremely pain. and in the meantime, it's worth noting that hezbollah is essentially experiencing its own vietnam in syria. fighting on behalf of the assad regime at the command of iran, they continue to see body bags returning back from syria into will be non, and this has not played very well with the lebanese community.

patti ann: jonathan chancer thank you so much for joining us. >> my pleasure. jon: he is the treasure hunter who discovered the so-called ship of gold then disappeared. now more than two years later, he's been nabbed. how it happened.

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and a new century of american energy security. the new energy superpower? it's red, white and blue. log on to learn more. jon: right now a quick look at what's still to come this hour of "happening now." it was a legendary ship wreck with a haul worth millions and millions in gold. the treasurer who found -- the treasure hunter who found it all disappeared for years.

where he was just nabbed, how they did it and why he's in so much trouble. new developments in the investigation into the deadly air asia crash as we now learn who was at the controls when the plane went down. plus why justin bieber is now apologizing after his appearance on a popular talk show. we have the 411. patti ann: breaking now on capitol hill the senate could be on the verge of approving construction of the key estone oil pipeline. senators are now beginning a series of voters expected to culminate later today in the passage of the bill. that's afterhouse approval. but a firm prom from president obama to -- proposal from president obama to the veto the bill. mike emanuel is on capitol hill with this for us. hi mike. >> reporter: supporters say keystone would pump billions of dollars into our economy and support thousands of good jobs, and they note the state department, the obama administration's own state department has said it would do

so with minimal environmental impact. >> the keystone infrastructure project has been studied endlessly, endlessly from almost every possible angle. and the same general conclusion keeps becoming clear; build it. >> reporter: congress is preparing to send the president legislation to do just that, to authorize completion of the keystone xl pipeline. it's 1139 miles in length and would carry oil from canada down to southern nebraska and from there to refineries along the gulf coast. an estimated 830,000 barrels per day. and now after nearly a month of consideration in the senate, lawmakers are expected to finally pass the bill today. senators have considered dozens of amendments and will finish up with votes on six more today. a leading democrat spoke earlier today about cooperation that has led us to this point. >> it's true that we've had a constructive relationship during the last several weeks as we've considered this bill, and

although those of us on the democratic side don't want to get comfortable in our minority status, we are determined to make sure that it is, as described, a constructive relationship. >> reporter: after the critical vote sometime in the next hour, we expect a news conference from majority leader mitch mcconnell, energy chair lisa murkowski where we expect among other things they will encourage the president to change his mind and sign the bill. patti ann? patti ann: mike emanuel live on capitol hill, thanks. jon: a legendary treasure hunter who found one of the greatest shipwrecks of all time now in custody after spending the last two years on the run. it started in 1983 when tommy thompson set out to find the ss central america wreck, the so-called shut up of gold that sank in the 1800s. after seeking out investors, he received nearly $13 million in support money. in 1988 thompson found the

shipwreck and recovered thousands of gold bars and coins. he sold it for more than $50 million. twelve years later his company sold that haul, as i said, but investors say they didn't see a dime of the profits. so in 2005 two of them sued. but it wasn't the only legal action facing thompson. a team of it cans who claim they were promised part of the treasure also filed suit. seven years later a judge issued an arrest warrant for thompson after he skipped out on a court hearing, but he disappeared and was for more than two years. then earlier this month he was nabbed at a florida hotel. joining us now, jeff lanza retired fbi special agent. so this guy hadn't gone far. he had the money, could have gone anywhere in the world apparently, but he was found on the other coast of florida. >> right. well, the u.s. marshals' service who arrested him recently said he was one of the most

intelligent fugitives they've ever tried to track down, and he had the wherewithal, the money, to hide from them and to make it more difficult for them to find him. but he wasn't more than 100 miles from his original location of his last spotting. so it makes you wonder, you know how intelligent was he just to stick around that area. jon: but there were indications that he had been planning, you know basically to disappear, information that agents found at his house and so forth said that he was going to try to live an invisible life right? >> right. they found some documents related exactly to that, how to live an invisible life, how to disappear and those types of things. that's what many fugitives will do, they'll seek those things out on the internet. it's really difficult to do that the you stay inside the united states, and when you have an agency like the u.s. marshals service who tracks fugitives all the time they're eventually going to find you. i'm surprised it took this long, although they have more priorities with violent fugitive

cases. jon: yeah. they really put the pressure on him putting up electronic billboards and that kind of thing to try to drive this guy to the surface. is that parking lot of what resulted in his -- part of what resulted in his capture? >> you'd think so, but then again he was staying in apparently the same hotel for the past two years. maybe somebody in the hotel may have noticed a little unusual to have an occupant for so long and maybe the posttest and all the other publicity -- posters and all the other publicity would have brought him to the surface sooner. jon: this ship when it went down, there were fears that it could collapse the economy of a nation. it had so much gold onboard, estimated maybe ten tons worth of gold. they have another company that is now salvaging the wreck that tommy thompson found. he didn't get all the gold out of it just part of it. what kinds of charges does he face now? >> well, the whole case is based on a civil case, that he did not show up in court. it's a contempt of court

citation that was issued, and that made him a fugitive. he didn't show up in court to face this civil suit that is indicating he didn't pay back with his investors the money that he owed them. this ship went down in 1857. all that gold onboard's worth a lot of money today, you can imagine what it was worth back then in terms of national economy. so i can see where it would have caused some problems. he's facing charges of -- or at least a suit of not paying back his investors as promised. jon: but why does the u.s. marshals' service go after somebody who is, you know, basically facing a civil suit? >> well, they can pick and choose the cases they want to go after. it was a high profile case in ohio, probably a lot of pressure on 'em to catch this guy. a lot of money at stake, and you know, with more violent refuge tyes out there, it probably wasn't a high priority, but given the fact you did have this money at stake and the nature of the case probably encouraged them to move on it. jon yeah. he is 62 years old now. there is some of the video from his glory days as the treasure

hunter who really did, i mean, he's a very smart guy. he found this wreck that had been, you know, had been at the bottom of the ocean 8,000 feet down for the last century. pretty incredible story. >> right. absolutely. jon: jeff lanza, thank you. >> you're welcome. patti ann: a one-two punch for new england. new storm systems brewing just as people are recovering from this week's blizzard. and commuters in a major city had to break windows as smoke seeped into their subway car.

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>> also a top democratic in congress had so little trust in hillary clinton's march to war in the libya they went around the then-secretary of state to talk to gadhafi himself. >> and our nfl bad boys laughing all the way to the bank. well, it turns out fines for athletes and coaches, guess what? they're tax deductible. wow. >> all that plus our #oneluckyguy. outnumbered at the top of the hour. back to you on this friday eve. jon: somehow, i think if i tried something like that on my tax return it wouldn't past muster. >> i think you should wear a funky hat for the next hour of "happening now." >> yeah. mix it up. jon: okay. i'll think about that. jon: andrea harris -- patti ann: i'm not holding my breath actually. new video out of massachusetts t that shows subway passengers punching and kicking the windows of a smock-filled train -- smoke-filled train. people were able to get out of

other subway cars except for one which had door cans that just would not open. a massachusetts bay transportation authority spokesperson says there was no emergency, it's just that the train's propulsion system resulted in a burst of smoke. passengers were asked to take other mean this is of transportation. jon: just as life is getting back to normal in northern new england, two more storms are developing potentially bringing more snow. parts of massachusetts still digging out from as much as 40 inches of snow while others on the coast still deal with damage caused by flood waters. our david lee miller live from boston with the latest there. david? >> reporter: jon we're on fashionable newbury street where you can buy just about anything except the one thing that the mayor here says every bostonian is going to need. that is patience. he says it is going to take time to dig out the entire city. he says they are going to get to every street and every corner,

but it is going to take time. boston received a total of at least 26 inches of snow during this storm. and as you can see here, this street has mounds and mounds of snow that is piled up. and this street is as good as it gets for the city of boston. lots of plowing still taking place. the big question, jon, what do you do with all this snow? they have tried to haul as much of it as possible to what they are calling snow farms to get the snow off the street but because there is still mound after mound of snow everywhere you look, schools are closed again today. authorities say hopefully they will be open tomorrow but as you mentioned just a moment ago they want to clear as much snow off the streets and the sidewalks as soon as possible because more is expected tomorrow and on sunday. so that's not just a double punch, that's a one-two-three triple punch in one week's time.

more snow expected. jon? jon: wow what a mess. david lee miller, thank you. patti ann: well, the black box in the doomed air asia flight now revealed who was at the controls as it crashed. how might this impact the investigation? also justin bieber says he's sorry. we'll have the 411 on his apology after he appeared on a popular tv talk show. coming up. ♪ ♪

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♪ ♪ jon: word of a shocking revelation from olympic hero bruce jenner and he's apparently going to let the world in on it through reality tv. julie banderas is here with the

411. >> reporter: hey guys, that's right. bruce jenner is getting ready to tell a story many might have a hard time believing, his transformation to a woman. according to us weekly, the now reality star will let cameras into the other side of his well-kept secret and personal life of how he is becoming a she. since his divorce with kris jenner, the 65-year-old -- with the sport of his children and stepchildren -- now feels it is time to let the rest of his world into his quote desire to live and look as a woman. "the new york post" is reporting a source has said he has been carrying this with him for so long that everyone is relieved he is starting to come out with it. they were so worried that their dad had no one to talk about to this. they are happy when he opens up because it's been such a long time coming. kim kardashian his stepdaughter told entertainment tonight earlier this week:

>> r eporter: well, anyway, from an unbelievable story to an un-bieber one. he appeared nervously apologetic and shy for all his past wrongdoings. he also posted an apologetic video on his facebook page calling his guest appearance wawrkd saying he felt, quote: people were judging me, and i really wanted people to know how much i care about people and how i'm not that person who says i don't give a [bleep]. i'm not that kid. anyway, i guess he hadn't given a darn at the time when he apparently allegedly broke as many laws as he has in the time past. but maybe the 20-year-old is finally growing up. imagine that, growing pains. even celebrities experience them. [laughter] i mean, i was a bad teenager, but i i wasn't arrested. this guy's growing up. i'm still growing up, and i'm only 30. [laughter] patti ann: yes, exactly.

jon: you don't immediate to bring us anymore justin bieber stories, unless he gets arrested again. that'd be fun. [laughter] patti ann: well, new information now on two deadly plane disasters. investigators say the copilot of the air asia plane that crashed the java sea last month was the one at the controls right before it went down. the captain was reportedly closely monitoring his less experienced first officer, but the black box shows when stall warnings sounded, the copilot was unable to right the plane. that plane crashed killing all 162 people onboard. and malaysia is officially declaring the crash of flight 370 an accident. everyone onboard, all 239 passengers and crew, presumed dead. that plane disappeared nearly a year ago. it has never been found. malaysia says the search for that jet remains a priority. jon: still a mystery. here are some stories we are working on for the next hour of "happening now." it was like something from a

james bond plot a former russian spy drinks tea laced with poison now british authorities call examination of his body one of the most dangerous ever.

jon: we'll he is you back here in an hour. "outnumbered" begins right now. >> this is "outnumbered." i'm andrea tantaros. here with us is harris faulkner from our business network fox business's dagen mcdowell, actress stacy dash is back and today's #oneluckyguy, the star of "the o'reilly factor"'s waters word, jessie waters and he is outnumbered of the you like to say when people are in your world. >> yes. >> are you in our world now? >> no. you guys are still in my world. so get ready. >> that role is subset. >> you think so? we'll find out, harr