one else can be. >> they are bottomless pits of need she says. >> pascal says if people were nice to each other in hollywood it won't work. >> there you go. i agree. >> we love being nice. >> we love having you. we'll see you back here tomorrow. vladimir putin announces a cease-fire in the ukraine as some of the world's worst fighting erupts across the nation. so what is that all about? good morning, everybody. >> new word this morning that notwithstanding, fighting is continuing in eastern ukraine. >> we're joined live now in kiev this morning with the latest. greg, what is this deal and does anyone think it's going to >> i think the best thing we can say for it is that there is a

deal but that folks here are very skeptical about whether it can work and that i have been here before. you noted the result of marathon talks between russian president putin, ukrainian president poroshenko, leaders of france and germany and the results a couple pieces of paper which may or not mean a year of bloodshed. peace fire was supposed to go into effect midnight local time saturday night and 5:00 p.m. eastern time. the withdraw of heavy weapons like tanks and rockets. they've been doing so much damage there and the damage as you know continues right now. the last couple weeks have been some of the most bloody fighting in the last year or so of fighting in the region. there's a battle right now over a key transport in the east and that's a hitch here too martha because there are three more days to fight if the cease-fire goes into effect and the line of division still hasn't been

marked out. >> trying to get in as much as they possibly can in the next three days. what about the presence of russian troops? what does this deal say about that? >> this is another very vague point. there's one line in the agreement which says there should be the pullout of foreign troops from the region. doesn't say who or how. also says that the border between russia and ukraine and this is crucial should be controlled by the ukrainian military but not after a lot of conditions are met and not until the end of the year. remember vladimir putin russian president, says he doesn't have any troops or tanks or artillery inside ukraine. various sources authoritative sources, say otherwise. i spoke to one high level american contact today. he says there's about 6,000 to 8,000 russian troops inside ukraine at the moment. ukraineian government is saying 50 russian tanks crossed the border in the last 24 hours. probably that's why washington will be taking a wait and see

approach to this agreement especially before it decides on whether to send those lethal weapons that have been talked about. >> he doesn't have anyone there according to him but he can negotiate the circumstances under which they might stay or go. thank you very much. the united states is backing up that peace deal by sending a battalion around 600 american para paratroopers to ukraine next month to train ukrainian government forces. the top army commander in europe describing it as getting them up to speed. >> how to operate in an environment where russians are making it difficult so we'll train how to do that better and also how to protect yourself from the russian and rebel artillery and rockets. >> the u.s. paratroopers already based in italy right now part of nato forces there.

new reaction pouring in after the president laid out what he says is his strategy against isis. the president calling the terror group a grave threat and ask for congress for three years of war powers. the request is very specific about what the u.s. will not do. it will not commit long-term ground troops and critics say the plan is just a little too political. >> i think this aumf draft is his attempt to split the baby and be in the middle and try to appease the left and right. you can't work on a compromise agreement to go to war. you have to say destroy the islamic state where they exist no matter how long it takes. >> what's the reaction so far to the president's request? >> reporter: 24 hours since we got this from the white house and a lot of folks are trying to figure out exactly what all of

it means. exhibit a from this draft that was sent by the white house to congress saying that it would prohibit enduring offensive ground combat operations. republicans in congress say that simply won't work on the battlefield. >> it's hard to tell when you're in the middle of a firefight. white house lawyers admit none of these+++ to tell when you are in the middle of a firefight. the white house lawyers admit none of these terms have any precedent. >> reporter: the words matter a great deal. the republicans are using this to put the president and his strategy under a microscope. what does enduring offensive ground combat operations mean. number two the possibility of a

sunset clause, how long this operation would last. and if there are any geographical restrictions in where and when the president would be allowed to use force. gregg: as you point out there are sceptical republicans. so how is he trying to sell it? >> reporter: big bold statement we heard from the president, long in terms of the rhetoric of what he's going to do to isis but short on specifics. >> i would be prepared to order our special forces to take action because i will not allow these terrorists to have a safe haven. we need flexibility but we have to be careful and deliberate. >> reporter: the president is worried about congress passion his authorization. he leaves cold washington for sunny california. he's got a cyber-security summit he will be at in the bay area, then he spends the weekend playing golf in palm springs.

gregg: i think it's 85 degree in palm desert palm springs. martha: we'll get reaction to the president's draft resolution, how it might go or when it is presented to congress when we talk to the senate armed services committee chairman and senator john mccain. he's our quest a few moments away. a tragic ending for a respect and dedicated journalist. long-time "60 minutes" correspondent bob simon who worked in war zoarns from vietnam to iraq in a career that spanned five decade was killed last night in manhattan in a car crash. he was called a reporter's reporter risking his life to cover conflict around the world and earning dozens of awards.

the wt of cd the president of cbs released this statement. we are all inthoirkd this tragic sudden loss. rick leventhal joins us live outside the cbs studios with this shocking and sad news. >> reporter: he was a true old school journalist. bob simon covered thousands of stories, 90% of them overseas including 35 conflicts in his career. he was captured and tortured at the beginning of the persian gulf war. he was detained, wound and suffered other close calls during his extensive travels clawing severe beating in northern europeland and was on one of the last helicopters to

leave saigon while covering the american withdrawal. he often rode his motorcycle to the scene to beat that figure jams. he was work on the story about a search for a cure for the ebola virus and work alongside his daughter tanya a producer on the show. the executive producer at 60 minutes said it's such a tragedy because we lost him to a car accident. a man who has escaped more difficult situations than almost any other journalist in modern times. >> he was a great reporter who served around the world. bob simon had a remarkable touch in terms of the command of language as well parts ability

to put himself where it was a time that good reporting was needed. we lost one of our best reporters, and he's hard to replace. >> reporter: simon is survived by this wife, daughter and grandchild. funeral arrangements have not been made. martha: he was the real deal. he was work on a story parts which may air this weekend and. bob simon was -- we grew up watching bob simon. at 73 he was youthful, vigorous. a few months ago he did a great profile from homeland. he could do an actor and bring out things nobody had seen before. our hearts go out to his family and everybody at cbs news who i know is heartbroken today.

gregg: he was a brilliant writer as well. he had the talent to tell stories. a man accused of killing the so-called american sniper back at at court of law. this after chris kyle's wife delivered an emotional testimony on what happened the day her husband was killed. martha: remember this? the captain of the costa concordia who abandoned his ship. he now learns his fate. how much time will he do behind bars? stick around. glenn: more of lois lerner's last emails turning up. they are wondering why the irs continues find them when investigators did so.

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>> our coalition is on the offensive and is early * is on the defensive and isil is going to lose. our authorization is not thofertion a ground war like afghanistan and iraq.

i'm convinced the united states should not get dragged back into and prolonged ground war in the middle east. martha: president obama asking congress for new authority to go to war with isis but he's clear he will not allow u.s. ground troops in this battle. i'm joined by john mccain, the chairman of the senate armed services committee where he has been very, very busy traveling back and forth to saudi arabia. what did you think about the president's statement you just heard? >> it's classic obama telling our enemies what we are not going to do. no orparticular laying on the strategy. nothing is said about bashar al-assad who slaughtered his own people and driven them into refugee status. we are training young syrians to go back into syria to fight against bashar al-assad. what are we going to do if

bashar al-assad keeps on barrel bombing them? this was a study in obama incoherentsy. i'll tell you an ugly truth. we'll have to. >> have boots on the ground. the iraqi army is a long way from being viable. shiia militia who are iranian backed and iranian equipped in iraq. this is a situation completely in disarray. a total lack of american leadership. martha: the president said the coalition is strong. we are training moderate in syria to battle isis on their own. we are standing up the iraqi army to do the same thing where they are. because those boots are on the ground we woabilities -- we with won't

need our boots on the ground. >> history will show you have to have air controllers and special forces embeded in these forces. he separates iraq from syria where isis is one entity. but if he would come to congress and say here's our strategy rather than announcing what we won't do which is in his tradition of announcing withdrawals there might be something to it. but what this is is a tacit continuation of what has failed and turned the area into chaos. we are training some people. meanwhile we have authorities of thousands of people flowing into iraq and syria to fight for isis. >> there is any chance that the

iraqi forces and syrian forces can achieve the goal the president set of destroying this entity and wiping it off the face of the? >> over time if we trained enough and equipped enough and had american broots boots on the ground to do those integral missions only the united states can do, we could over time. what we are doing now is not going to work and i know of no military expert that will tell you that it will that's outside of the administration. this always saturday. martha: the former defense secretary to the president said this plan isn't going to work. is this going to take months and months to hash out this aumf? >> unless they can articulate a strategy to do what the president said our goal is to degrade and defeat isis. i believe it must have something

to do with bashar al-assad as well. i don't think it's going anywhere. martha: what's next. he presence this plan. he tells us this is what the goal of the united states is. what are you going couplew to him with. >> we have been having hearings with him about the situation. we have had the smartest people in america frank george schultz to general jack keane and others who see a lot on your program and all of them have arctic late that we don't have a strategy to succeed, not to mention the iranian threat which is now widespread, the latest of course in yemen. so we just have to keep pressing to get this president and this admin sphrietion recognize there is a direct threat to the united

states of the america. that's what the head of the british mi5 said in a speech a few weeks ago. susan rice says she does not believe this group presence an a threat to the united states. >> they he pose a direct threat to the united states. it's only logic these people who are europeans. all they have to do is go home and get on an airplane to document united states of america. senator, thank you so much. we'll see you next time. martha: three people are a whole lot richer this morning. confirmed winning pouring ball

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martha: the labor department says unemployment applications rose for a seasonally ajutd total of 304,000. motley average is slightly south of that and down 14% from one year ago. >> the bill is passed. >> there it is. congress giving final approval to the keystone xl pipeline.

the bill passion with bipartisan support. 29 democrats voting for it. the bill now head to president obama's desk and he's promising a veto. byron york, the editor of the "washington "examiner." because the president loves to accuse congress of failing to act. >> they did act. 270 votes that's not nothing. it passed with 52 votes. a filibuster proof majority in the senate. 65% of americans say they want the president to sign the pipeline bill versus 22% who want him to veto it.

if he does recontroversy it he will be act on behalf of a pretty small minority of americans. gregg: he claims, we need to study it more. it has been studied for six years. there have been five different environmental impact studies. the last one by the state department was 11 volumes. i actually spent time digging through it. they all say the same thing. the pipeline will not significantly increase carbon pollution. in fact to the con trairpy lit help reduce it. i plucked a coat page 34 of the executive summary. because transporting oil by truck and rail produces emissions that are 28% to 42% greater than for the proposed pipeline. if it's true and all five studies say it's true, isn't failing to build the pipeline

hurting the environment? >> it would be. but you have got to remember a couple important edge krat i can constituency -- important democratic con cityien constituencies want the president to veto it. the only question is does it come'united states and have a positive impact here. i think what you will see now is if the president does veto it it's not like the republicans will go away. it will take a while and perhaps they will atasm to it an energy bill. will the president veto the whole thing just to stop the pipeline? if that doesn't work they will attach it to an appropriations bill. the president may have to veto the keystone pipeline multiple times in the next year.

martha: in the wake of the career worst outing in phoenix tiger woods is making a big announcement. gregg: as president obama asks congress for new authorization to fight isis. new fox news polling today a shows most americans don't have much con if i dplens that strategy. >> the president says he wants to disman and distroy isis. fiber one. fiber one streusel.

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president obama will sign new legislation aimed at doing more to prevent suicide among veterans. it creates a pilot program and required the va suicide prevention program to be evaluated annually by a third party. the world of journalism mourning the loss of veteran reporter bob simon. he was killed last new england a car crash in new york city. he was 73 years old. gregg: the president trying to clear up some things yesterday after sending his request for authorization to use military force against isis and it may be about time he did. according to the new fox news poll 73% of americans believe there is no clear strategy to destroy isis. doug schoen joins us, former advisor to bill clinton and

monica crowley, the online contributor to the "washington times." what stuck out at me, doug, a majority of democrats don't think the president has a plan. is it therefore fair to say it's a feckless strategy if there is one? >> it's an objective fact that we don't have a clear plan when the president as senator mccain said, tells what is's not going to do fighting an asymmetrical war against stone cold killers. we haven't had a clear articulation of what we are going to do rather than what we are not going to do. gregg: monica, let me throw two more polls up on the screen.

2/3 68% think obama should be tougher on islamic extremists. 26% say he's being tough enough. 61 per. voters think this diplomacy instead of military force is half hearted. >> i think the american people can see with their own eyes this terror threat is growing. they have eyes and they can see what as going not middle east and across the world. they know the president has not been engaged in the fight to begin with. when you think of his new authorization to use force. certainly as he did with afghanistan where he announced a surge and at the same time announced a withdrawal timetable. this has been a commander-in-chief who has been engaged in these fights this way. he talked about half measures in terms of what we'll do. and in public pronouncements in

terms of what we'll not do. >> there is such a pronounced dichotomy about what america thinks as opposed to what the president thinks. 23 per think airstrikes won't do it. 60% think it will require ground troops and that's what a great many military leaders not the mention obama's secretary of defense robert gates said. >> we have been in a period pronounced retrenchment. since the brutal beheading the american people have woken up to the fact it will require ground troops. i don't think any of us want to send troops in. but to say we'll only train people and have special forces, we won't have ground troops when we have this kind of threat is

profoundly wrong. gregg: do you think this president thinks isis is just a jv team and we have nothing to worry about? >> this president came into office with two beliefs. one he was the anti-bush and he wouldn't preside or any intervention. particularly not in the middle east or and he's a committed leftist who believes america has been a bad force in the world and american power has been a nefarious tool for global injustice. we should do what douglas is talking about which is rebetween, and retreat. glenn: it was the secretary of state hillary clinton david petraeus. all three were telling the president you have to arm the rebels in syria. you have to send in weaponry. he didn't do it. he rejected it and now we have

got what we have which is an escalation of terrorism emanating from northern iraq. >> i think we would learn lessons from iraq. the sung was successful. we needed a residual force of 10,000 to stabilize the country. we have an obligation, we have a responsibility, we are the leader of the free world. the fact that we haven't articulated that premise the valuing underscored is frankly a tragedy. >> we know the lessons of history, when the united states is perceived as weak or weak in real terms the wheels come off the world. the good guys retreat and the bad guys advance. martha: we have a little bit of breaking news in the world of politics. we can confirm the dnc is going to take place in philadelphia in

the summer of 2016. it will be the week of july the 5. rnc will be in cleveland the week of the 18th, the week before. so back to back polite calculate conventions. the season already starting to look like it's not that far away. st the summer of 2016 shaping up to be interesting. gregg: i like those cities, let's go. we may have a motive in the shooting of a san diego sportscaster. martha: the head of the irs derek can the hot seat to answer questions on capitol hill after an investigator recovered 80,000 emails that that gentleman said were simply gone forever. >> you can blame it on a technical glitch it is not a

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glenn: three tickets hitting the jackpot in the power ball dog in north carolina, texas and puerto rico. if the winners go for the lump sum option they would each take home $127 million before they pay their taxes. it was the third largest jack not powerball history. but even if you give half to taxes. martha: it's a nice piece of change. i wasn't tonight so i couldn't win it. gregg: i never do that. maybe i should. a gazillion to one.

>> your letter scrubbed the lois lerner emails as being unrecoverable. >> correct. >> but failed to go mention where the damaged hard drive is today. do you know where the actual hard drive is? >> i'm vietsed the actual hard drive after eight was determined it was dysfunctional it was recycled and destroyed in the normal process. >> was it physically destroyed? >> that's my understanding. martha: , it turns out those hard drives may not have been destroyed as the irs thought. that's a curious story. lawmakers have new questions for the head of the irs after the treasury inspector general for the tax administration recovered 80,000 of those supposedly lost emails during their investigation and they were sent by lois lerner and sent around to other associates in the irs from her and to her. wisconsin senator ron johnson is

one of those who is very curious about what happened. he joins me now. good morning. we all watch the hearings with great interest. it was clear from john koskinen, those emails we couldn't give to you were just lost, they were recycled and destroyed and damaged. how did they find hem? >> the commissioner said they went to great lengths and extraordinary efforts to find these. the way they found these emails is they went to the backup tapes. but the irs didn't go to the backup tapes. the inspector general seized the backup tapes in june of 2014. they reported they found 30,000 of lois lerner's emails. now it's about 80,000. a lot of those will be duplicates. we are see figuring 16,000 original email from lois lerner. what you have to do is look at a time line of this scandal. the whole irs targeting began in

february of 2010. before the election. it was meant to silence critics of the president. it was meant to shut down donations to some of these outside groups. the missing emails blanket that from january 2009 to april 2011 when the plot was being hatched and implemented. 20 days after congressman jim jordan started asking questions that's when lois lerner's disk drive crashed. as i'm looking through the time line i smell a number of rats. march where where is lois lerner? it sounds like you think there are 16,000 potentially substantive emails in that 80,000. when will we learn what's in them? >> we are not sure what will be in there. the inspector general is going through and making sure what he's got.

there will be a number of committees of jurisdiction reviewing the emails. but what we have to do is piece together this plot. this administration has been completely opaque. but that's one question. who was communicating with lois lerner? what emails were ex changed with the white house or treasury department? that's what we are trying to get to the bottom of. martha: what his response that he said that they had gone to great lengths and made extraordinary efforts to find the lost emails and the inspector general gets his hand on them. >> koskinen says he went to extraordinary efforts. but the inspector general

uncovered 30,000 to 80,000 emails. we are asking specifically what did the main commissioner at irs do to produce the subpoenaed documents. the house committee was asking for all of lois lerner's documents which is why they weren't getting them which is why they seen -- when they subpoenaed all of lois lerner's documents. the house oversight committee said they only received about 100 of lois lerner's emails from that january 9 to april 2011 date. so there are so many unanswered questions. i'm smelling a rat here. we'll get to the bottom of this. martha: how long do you think it will take before you know what's in those emails? >> it will take a while. but they will pare those down to

the relevant emails. we'll be look for key words and hopefully get to the bottom of this in the next couple months. martha: those documents were subpoenaed and they should have been produced far prior to this. senator ron johnson, thank you for this. gregg: the widow of "american sniper" chris kyle testifying about the last conversation she had with her husband. martha: police say these three student were murdered over a parking spot. but family members insist there isn't more the to this story. >> we are still in a state of shock and will never be able to make sense of this horrendous tragedy. we appreciate your concerns and outpouring of love and support from our neighbors, student community and the community at large.

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martha: the suspect behind the ambush shooting of a cbs anchor is in custody. mike mountain -- mike montana surrendered. investigators say there was a dispute between montana and the sportscaster over some renovation work that was done at his home. gregg: we are moments away from a second day of testimony in the american sniper trial. the prosecutors calling taya kyle as its first witness the

widow of the man known as america's deadliest sniper. will car carr reporting live from the courthouse. >> reporter: she was wearing a cross and she would grasp chris kyle's dog tags when she would choke up. the crux of this case is not if ralph killed kyle. it's whether he was legally insane when he pulled the

trigger shooting multiple times with two different guns. he also smoked marijuana that may have been linked with formaldehyde. the prosecution says they believe ralph made lucid decisions that day and knew what he was doing and that it was wrong. gregg: you can sometimes get insights look at jurors. jury seem to be reacting to all of this? >> reporter: they clearly resonated with taya kyle's testimony. there were 10 women on this jury. er time taya kyle became emotional, some of those women became emotional as well. they also took in some photos of

the bodies. we'll hear from the legal experts in this case but it could boil down to the emotion of the jury. they heard from the wife, they heard from the mother. we have seen those pictures so it could come down to that. martha: the fight over the fight against isis. new questions about the president's fight against isis. did it go far enough in the request to congress. gregg: we'll talk to bernie goldberg a former colleague at cbs with a look back at bob simon's long and distinguished career.

. .

martha: big news as as s.e.e.r. fire agreement has been reached in ukraine after 16 hours of

talks between diplomats from four countries. russian leader vladmir putin making the announcement. but as it turns out the fighting continues. the deal does not take into effect until sunday. unclear if it will hold up. a previous cease-fire in september fell apart very quickly. putin notes every issue in his opinion is far from resolved. president obama asking congress for authorization to fight a war against isis, laying out a limited military strategy including a three-year time period under which this agreement would take effect. welcome to brand new hour of "america's newsroom." i'm martha maccallum. gregg: i'm gregg jarrett in for bill hemmer. landing on capitol hill with a thud, drawing fire from both democrats and republicans. senate armed services committee chairman john mccain telling us in the last hour unless the administration can lay out a

convincing strategy, this request is going nowhere. >> kind of cast i can obama telling everybody and our enemies what we're not going to do. no articulation of a strategy. this was a study in obama inco herren sy. we're glad to know they will be defeated. i tell you ugly truth, obama. we'll have to ave boots on the ground. martha: john mccain with us earlier here. bret baier joins me, anchor of "special report." good to have you here this morning. everybody still chewing over the president's exact words from yesterday and trying to figure out what they mean. will he get this thing passed on the hill? >> it may change quite a bit before it gets across the finish line. mac thorn perry, chairman of house armed services committee on "special report" last night. he said from their perspective the three-year sunset something not the the biggest problem.

the biggest problem is restriction on enduring combat operations or offensive operations and what the definitions of all those are. this parsing of words is the not usual way for authorization of military force. the it may provide some flexibility that you read as the eye of the beholder what these forces are able to do. in other words special operations forces would still be able to go in and work with indigenous forces and laser targets and bring in airstrikes and they wouldn't be technically called offensive combat operations. it's strange, i think that is how some people are reading it. martha: you wonder what the pentagon reaction is going to be because they're the people who would be sending our military in some cases at least through special forces or there to train other troops, into this theater. and they have had a lot of discrepancies with the president over two the mission actually is. >> that is the biggest concern that you would get to a

situation where troops forces would be on the ground working with iraqi forces or syrian free army or somebody and then there would be this legal question. and they would have to call up the lawyers in the middle of a firefight. that is what can not happen according to the many, both democrats and republicans on capitol hill and at the pentagon. i think also on the other side a concern that this is just a never ending war. the president is trying to handcuff himself by this three-year sunsetting. >> i mean on a very practical sense, if you are, you know one of the military commanders in this operation if you've to the people training forces on the ground in syria, or backing up forces on the ground in iraq and they come into a firefight with, you know, isis fighters, what exactly are those u.s. members of the military supposed to do? >> well under this, they could fall under defensive forces i guess under the definition.

you know, it's all the semantics, martha. it is really amazing we are fighting a war against radical islamic terrorists with a rhetorical semantics wording about how we're going to do it. i think there is up on capitol hill some doubt about how that's all being structured. if you're a family member of a special operator on the ground with some of these indigenous force, guess what? they're combat forces. they're on the offense and in harm's way. martha: if you're a member of isis you're listening to this and watching these words you're interpreting it as something that has a bit of a time frame attached and no offensive ground forces. so it will be interesting to see what the reaction is from the people that we're fighting in all of this. thank you very much. we'll see you tonight. >> see you martha. gregg: getting reports now of a major setback in the fight against al qaeda's most dangerous branch.

"the washington post" reporting that the cia has been forced to scale back its counterterrorism operations in yemen because of the rebel takeover of the capital sanaa, disrupting an intelligence network that took years to build. chief intelligence correspondent catherine herridge joins us live from guantanamo bay, cuba. catherine, what are the implications of pulling our intelligence people out of that region? >> reporter: greg, this decision to shut down the u.s. embassy in sanaa and withdraw 200 u.s. government personnel is clearly a set back for counterterrorism operations in that country. there is no other way to assess it. the u.s. government's most senior intelligence officer on the ground is the cia's chief of station. in almost every case they are based in the embassy in that country. in addition, with the withdraw of military forces not all but most this limits the cia's ability to move around the country. after all the cia is a human

intelligence gathering operation. finally the cia has worked really very hard since 2009 to cultivate this network of informants in the cooperation of the yemeni government. it was that intelligence that allowed the cia to target high-profile operatives with this group al qaeda in yemen. this will be much more difficult in the future. despite all of these setback this is week the white house put the best positive spin on developments. >> there continue to be department much defense personnel, u.s. department of defense personnel on the ground in yemen. that are coordinating with their counterparts in yemen in the yemeni government and continuing to carry out kinds of counterterrorism actions necessary to protect the american people and our interests around the world. >> reporter: it is absolutely true the defense department will have limited assets on the ground but the assets are not effective as if you don't have specific intelligence and

targeting information. the man you see here, he remains the top target of the u.s. government in yemen. he is described by the intelligence community as best bomb-maker working today. he was behind those three plots to bring down aircraft over the united states using these non-metallic explosives. the group al qaeda in yemen continues to share its expertise especially in non-metallic explosives with al qaeda in syria. so it is essential for the u.s. government to try to contain this group if it is at all possible, gregg. gregg: catherine herridge live in guantanamo bay cuba. thank you. martha: terrible news here. shocking death in the cbs news family. veteran "60 minutes" correspondent bob simon was killed last evening in a car crash in new york city. his journalism career spanning half a century covering everything from foreign wars to hollywood. shining a spotlight on stories that were big and stories that were small. his remarkable insight earned

him 25 emmys along the way. >> more isolated today than it was 10 or 15 years ago. internationally the vietnamese were more popular as victims of american aggression than aggressive regional power they have become. martha: bob simon died last night after the driver of his hired car lost control and crashed in manhattan. we are now learning that he was not wearing a seatbelt. more of the details continue to come in this morning on the nature of the accident. he was clearly a giant in broadcast journalism. he was 73 years old. i'm joined by bernie goldberg who worked at cbs with bob simon. he joins me on the phone. good morning. such a tough loss for all the people at cbs. >> tough loss not only for people at cb. is, tough loss for anybody who watches television news. martha: absolutely. i just watched this piece last week that he did on selma. he spoke to the director.

i talked earlier about a piece he did on mandy patinkin. he had such a wonderful way of asking questions drawing people out. he was really in my opinion bernie, just the best of what we all want to be in terms of how you approach this work. >> well you know in that sense he was old school. he was a throwback to another era. and in my view, a better era. and martha, in a week in a week when we're talking about a tv journalist who made things up, a tv journalist who yearned to be a celebrity, let me be very clear about this. bob simon only yearned to be a reporter and to cover a news story. and you know, as i say, he was, he was a throwback i mean that in the absolute best sense of that word. martha: you know, i think you're so right about that. when you look at his career, it

was not about bob simon. it was -- >> that is exactly the point. >> thought a lot over the course of this week about celebrity journalism boy the lessons that have been learned over the course of this week for anybody in this business who thinks that the story who thinks that the reason they're out here is because of them. that is because they're the star. bob simon is somebody who you just sit at your desk and watch his pieces over and over and think a lot about what this profession really means. >> right. he covered something like 35 stories in various kinds of war zones. he came close to, you know being killed, frankly in, more than a few of those. if i had gotten a call last night saying, you know, from one of my cbs colleagues saying, bob simon was killed in ukraine i would have felt just as bad. it would have been just as terrible, just as sad.

but, honestly i don't know that i would have been surprised. i would have said, having covered as many stories in as many dangerous places as he had you know, it was bound to happen. but that it happened, that it happened in a car crash in manhattan, i can't i can't articulate this but in some ways this makes it worse. this makes it insane. i know there are people out there, especially out there in the audience, that i'm talking to now that we're talking to now, who think everything happens for a greater cosmic reason. i'm not one of those people. i don't i don't understand this. >> i agree with you. seems like such a waste for him to lose his life in that way. and i just want to remind everybody of something rick leventhal talked about this earlier, he was taken into captivity in iraq and tortured at beginning of the iraq war. after that experience was over

he did not come back and do huge interviews about his experience. he went back into the field and kept reporting that story. it is a credit to him that that's the way that he worked. bernie, thank you very much for sharing your thoughts with us today. >> okay, martha. martha: good to have you with us. gregg: he had a lot more stories in him and we're poorer because we'll not be able to see those stories. speaker boehner with a very direct message to democrats. >> the house has done its job. why don't you go ask the senate democrats when they will get off their ass and do something. gregg: john boehner really slamming senate democrats on immigration, as battle over president obama's executive actions. our panel debates. martha: top intelligence officials are tight-lipped, saying that they can not say for sure how many americans are joining isis terrorists overseas, and worse, how many of them come to u.s. soil after that.

gregg: three college students are gunned down in cold blood. their family now speaking about it saying there is a lot more to the story than a dispute over a parking space. >> six weeks ago i cried tear of joy at my baby brother's wedding. today we're crying tears of unimaginable pain over execution-style over my brother bil deah, his bride yusor and hish 23 best friend razan. clean. clear. brita water. nothing is better. at ally bank no branches equals great rates. it's a fact. kind of like shopping hungry equals overshopping.

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gregg: war of words in congress over president obama's amnesty plan and the funding of the department of homeland security. the house passed its version of the plan. the senate wants another one. house speaker john boehner responding to that. >> house did its job. we won the fight to fund the department of homeland security and to stop the president's unconstitutional actions. now it's time for the senate to do their work. you know, in gift shop out here they have got these little booklets how a bill becomes a law, right? the house has done its job. why don't you go ask the senate democrats will they will get off their ass and do something? gregg: whoa. that is not uncommon language in washington, d.c. tammy bruce radio talk show host, fox news contributor. marjorie clifton former consultant to the obama campaign and ceo of clifton consulting. so marjorie, what is your reaction to boehner? >> well, i appreciate his vigor

but at the same time i think looking at the entire issue of immigration reform is a losing prospect for republicans. hard for me to understand why at this point republicans are not pushing, aren't working with the president on immigration reform. it is political but at the same time going into the 2016 elections we know voters want this. we know economically there is case to be won by all because it ends up in gdp increase by $52 billion. 5 heroin 4 billion in tax revenues. i understand the theatrics of it all but at the same time there is practicalities we need to consider. gregg: tam he my, house -- tammy, house republicans pass the bill. democrats filibustering thing in the senate. plenty of blame to go around. how do you see it unfolding. >> it is interesting, i don't remember republicans having power in the minority. good for democrats. showing republicans how to do a

few things. what we've already seen with the november midterms, and with all polls, indicate that americans in fact do not want this amnesty to be applied we know that in fact, as koskinen of irs noted it will be billions of dollars in earned income tax credits in a retroactive fashion for three years. so there is going to be no boost to the gdp. this will be a massive welfare redistribution of wealth. in addition to the bureaucracy that is being created the applications are ready for may. and we're looking at a bureaucracy that will be massive unwieldy as obamacare. gregg: to that point, almost four million are eligible for this program, that president obama has set forth with executive action. immigration can't handle that. not only that it is ripe for fraud and for criminals because they can't background check those people. >> well, a big part of the comprehensive package the

democrats have been pushing for a long time did include a lot of pieces that addressed this, because this was concern. if you're a consultant in washington you know all the big consulting firms are gearing up for immigration reform for eight years. there have been organization after organization have been preparing for all of these things, like e-verify, making that system work better and things that will deal with fraud. it will cost money no matter what. but they have implemented in application process fees that will cover cost of all these things. it absolutely costs money. gregg: february 27th. very quickly tammy who will have egg on their face at end of that? >> i'm concerned maybe there is collusion again. got republicans, moving up pen again to emergency crisis moment and nothing gets done and this thing kind of moves forward. i hope republicans are working together. gregg: gee another crisis. we'll all yawn. tammy bruce, marjorie, got to go, thank you so much. >> okay. gregg: all right.

>> it was emotional day in the "american sniper" murder trial. chris kyle's widow taya, breaking down while she described her final moments with her husband. the text message that may be a turning point in this trial. gregg: staples calling out president obama for claiming the retail giant to failing to take care of its employees. why the retailer says, he doesn't have all the facts. ♪

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to treat their workers favorably and give them some basic financial security. if they can't then they should be willing to allow those workers to get the affordable care act without cutting wages. martha: hmmm. so is he right here? office supply giant staples takes exemption after president obama accuses company of using obamacare as excuse for cutting wages. a spokesman at staples says this. unfortunately the president doesn't appear to have all the facts. the president is attacking a company that provides more than 85,000 jobs in this country and is a major taxpayer to the bottom line. joining us now, stuart varney host of "varney & company" on fox business network. the president is kind of shaking his finger at staples you guys got enough money, you have to do right by these people. is he right? >> no the president is wrong of the president is beating up on business. he is saying to staples hey your executives are doing okay

your stock is okay. why are you using obamacare as an excuse to lower wages? staples says you got your facts wrong, mr. president. we're not doing any of. that our policy on part-time workers goes way back before obamacare was ever heard of. the president singled out staples, he is beating them up. what he is essentially saying is this. look, i am raising the cost of you to do business and employ people but you have got to eat it. it is responsible thing to do, you eat that extra costs. if you don't you're bad. he is saying, government is good. we give things. we spread things around. we give health care. businesses is bad because it is mean and vicious and makes too much money. martha: he talked about the stock price. it's a company whose fiduciary responsibility to run their company in a very efficient way so they can not only employ 85,000 people and send everybody home with paychecks. i'm assuming that they provide health care coverage for all their full-time employees. we're talking about the

part-time employees. >> they have to. martha: they want people to work 25 hours or less to be considered part time, right? >> that is how it works. >> the complaint they're being very insistent on that. you can't work more than that if you're part time. >> they have enforced that policy recently because obamacare says if you work more than hours than 30 a week you have to be covered by obamacare. staples is reinforcing the policy they have had in place for many many years. obamacare does not create full-time, well-paid jobs. it pushes organizations into part-time work, part time employment. that is the effect of obamacare on our society. martha: no more 40-hour work week. unions themselves complained about this part of the bill. >> as of today, we hear that the layoff rate has gone up. retail sales are actually falling. the government is spending more. the deficit is growing again. all of this, as the president

says, business is bad because he is failed to expand the economy and offer opportunity for businesses. martha: i mean it would be great, staples could provide part time people with full-time job if that is what they want, right? they could apply for full-time status at staples and receive benefits along with it. >> that yes employ more full-time people on good wages w obamacare around their neck, they are contracting. >> can get reasonable printer. printers are so inexpensive now. i just replaced mine. thank you very much, stuart. >> thank you, martha. >> i get my pens there. martha: yeah. gregg: stunning new warnings from top intelligence officials testifying the number of americans joining isis terrorists overseas is now on the rise. tracking them, well, it is not that easy. a former navy seal weighs in on fears many of them are already on u.s. soil. >> the nights and our allies are

increasingly concerned with more than 20,000 foreign fighters we assess traveled to syria from over 90 different countries of origins. over 150 u.s. persons who either traveled to the conflict zone or attempted to do so.

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you ha geico. fifteen minutes could save you fifteen percent or more on car insurance. martha: top u.s. intelligence officials are now warning they can't say how many americans have traveled overseas to fight with islamist extremists and returned coming yesterday. president obama asked congress for new power to go to war with isis. here is a bit of that. >> we know what we know but there's, that comes from a wide variety of sources. we always assessed there is likely more information out there we have not been able to collect either from our foreign partners or from other intelligence means. it is possible there are greater numbers of foreign fighters and potentially greater numbers of individuals from western

countries and united states to traveled to the conflict zones. martha: that is the national counterterrorism center director who is not sure how many people have gone over or how many people have come back. leif babin former navy seal officer and cofounder of the leadership consultant group, echelon front. good to have you with us. welcome back to the program today. >> thank you martha. martha: to first address what he was talking about. it is a little unnerving to hear the head of our national counterterrorism center say, we don't really have very good handle how many americans have gone over to join the fight and how many come back in and may want to do us harm here. >> that is extremely troubling no doubt. i think we're putting our law enforcement in extremely difficult situation. this is a huge law enforcement issue. it is also an immigration issue as well. we need to examine policies of, when of our immigration when they're coming to the united states. are these potential folks going to be terrorists.

>> david cameron pulled passports from people they suspected may be in the process traveling there and coming back. they have a no tolerance policy. i don't know how that is working out for them right now. you say the best way to end this to make us safer here at home to go over there and get the bad guys where they live? >> absolutely. no matter what the president says what you're hearing, rhetoric of isis is on the defensive and they will be defeated, the real measure whether or not they're successful is, whether or not you have jihadis foxing, you know to -- flocking to fight with isis. when you're seeing 20,000 estimates and numbers coming from western countries and how many hundreds from the united states, i mean i think they're, they're definitely, it is definitely very concerning but the way to defleet that is to destroy isis and we're going to have to put u.s. troops on the ground in small numbers. it doesn't have to be huge numbers, to work with sunni tribes. we already have done that

before. u.s. forces succeeded in this fight before in iraq. i think we can do that. i think through de-deployments to iraq, i realized most of the sunnis in anbar province we deployed with, they don't want to live under this kind kind of 7th century brutal terror. definitely something if we work with them we can defeat isis. martha: you said to me before, you had a front row seat in anbar and you went into a place where people thought they could not be defeated al qaeda in that area, you watched first-hand exactly how that could be done of the people there very much wanted you and and people there to win back their own home and not to live under tyranny and violence of this group. in the president in what he said yesterday about how we're going to do this, he didn't rule out special-ops, he talked about training. did you see a window in his comments that made you say yeah, that's what we did, we can fit in that window under what

he is saying? >> absolutely not. when you're putting restrictions on offensive ground operations, you can't expect to win our own generals, they're advising the president, have made it very clear we'll not win through aerial campaign only. certainly not win through selective targeting of special operations strikes. martha: they're saying, i saw samantha power talking this morning about this she says there have to be boots on the ground absolutely, they have to be iraqi and syrian and we're training them to do exactly that. >> is losing strategy. we tried to train and equip the iraqi army for eight years. we saw how that worked out when they faced isis. we have to empower people, sunni tribes. they're willing to fight. of the militias disbanded by maliki government government several years ago, they're willing to stand up to fight against isis. they need support from us. a lot of generals even in our military, hear generals and politicians say this as well, we

can't kill our way to victory. the reality we can't win without a killing a lot of bad guys. we've seen brutal savagery of isis. used to be al qaeda in iraq now islamic state. then isis. we know how to win. we can do it with a small number of u.s. troops on the ground. martha: great guest. >> thank you martha. martha: many thanks. gregg: alabama judges at odds over same-sex marriage. a federal justice ordered marriage licenses to be issued beginning this week, but, some local judges are instead closing up their offices, refusing to allow same-sex couples to marry. now a hearing is set for today to consider forcing those judges to issue licenses. john roberts lived from our atlanta bureau. john, what is at the center of all this? >> reporter: good morning, to you, gregg. it is u.s. constitution versus the alabama constitution in a pat he will between appointed

u.s. federal judge and elected chief judge of the alabama supreme court. on january 23rd u.s. district judge grenay declared alabama's sanctity of marriage law unconstitutional. the u.s. supreme court refused to intervene, so ruling went into effect on monday. but the chief judge at state supreme court roy moore remember him famous 2003 battle over monument to the 10 commandments told probate judges who issue marriage licenses they were not bound by their ruling. according to the human rights campaign only 23 counties issue marriage licenses to all couples. 18 to issuing to straight couples and 26 licenses stopped issuing any licenses. they are expected to order judge don davis to issue licenses. judge roy moore told me hopes daves voice will not comply with the order which he has the legal

right to do. >> i hope judge davis stands his ground and rules on only law in effect at this time is the alabama constitution. she says it is unconstitutional. if he finds it constitutional according to the united states constitution as he should i think he should obey the alabama constitution sanctity of marriage amendment? >> reporter: what is judge davis voice expected to do if the judge orders him to issue licenses he likely will but without specific instruction but it is not known what probate judges in the other 43 counties will do. gregg: quite a showdown. john roberts, thanks very much. >> reporter: thanks, gregg. martha: tearful start to the "american sniper" murder trial. chris kyle's widow breaking down on the stand. we'll show you the text message her husband sent right before he was shot and killed. gregg: well fans tongues were wagging when the third season of "house of cards" mysteriously appeared on netflix a couple weeks early.

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let's close the gap between people and care. martha: president obama signing a veterans bill into law today. it is called the clay hunt suicide prevention for american veterans act. it was named after a young former marine who killed himself nearly four years ago. his mom was with us yesterday. an amazing woman. she talked about her son. this program will create a pilot program that will help men and women like him transition from active duty. as i said, we spoke to his mom and his stepfather yesterday after the bill breezed through congress. >> this is a first step toward removing unnecessary barriers so that these men and will can have ready, easy access to take care of whatever it is that they

have, that they're dealing with. martha: served in afghanistan and iraq where he was shot in the wrist. earned a purple heart. weigh later -- he was later diagnosed with posttraumatic stress disorder. gregg: day two in the american sniper murder trial. emotional beginning yesterday as chris kyle's widow took the witness stand against the man who killed him two years ago. taya kyle struggled to hold back her tears as she recalled the day her husband and his friend was killed at a texas gun range. a former prosecutor joins us and evangeline gomez, is a criminal defense attorney, who joins us as well. anna, let me begin with you you know one of the things you learn as a lawyer i suppose to put your best foot forward to begin with an emotional impact and they certainly did that yesterday with the prosecution in the widow. in a close case, can that really make a difference? >> you know, i think it really

could. i think taya was defense attorney's worst nightmare. she was likeable. she was charming and she was sympathetic. and jurors are instructed not to deliberate based upon sympathy or prejudice. but at the same time jurors are humans. they're not robots. of course they will take their own life experiences and common sense when they go into the drib room. 10 of those women, there are mothers and wives there. they will be compelled bit testimony and swayed in some fashion. gregg: the defense here is insanity. that is to say under the law that he had a mental disease or defect so severe he didn't know right from wrong. let me put up on the screen. here is his alleged confession, eddie ray routh's confession to texas ranger hours of shooting. ranger, question, you know what you did is wrong right? routh, yes, sir. it is a little unclear whether the judge is going to allow this as evidence but if he does how

important is that own admission bit accused that he was sane? >> well he didn't actually elaborate as to what he thought was wrong. so you can expect his defense attorney to hone in on it but something else his defense attorney is going going to bring out, there were a lot of psychiatric episodes he stated in his opening argument n 2011, 2012, he was taken to a psychiatric hospital in dallas when he had threatened people. he had threatened to kill them. and he threatened to kill himself. police responded to these events. what is interesting they didn't arrest him and didn't take him to jail. you can expect his attorney to say, you see he didn't understand what he was doing was wrong because in the past when he acted out in these psychiatric episodes he wasn't taken to jail. wasn't brought up on charges. gregg: the defense will say to the jury look an insane person can not affirm his own sanity. that in itself is insane.

but i want to put something else up on the screen, and anna, get your reaction to this. now apparently this is the text message that chris kyle sent to chad littlefield, literally just before the shoeing referring to the defendant quote, this dude is straight up nuts. now, of course that is not a clinical diagnosis anna, but it is relevant and is it important? >> well that is exactly right. chris kyle is a decorated navy seal. he was not a psychiatrist and is not a doctor and was in no condition to ascertain eddie ray routh's mental state at the time. don't forget, the chris kyle is not on trial. he is victim. the prosecutor needs to bring back the jury on eddie ray routh's decision making and started to open fire on these two men. stole chris kyle's truck. he told his sister he would flee to oklahoma and fled from the police. gregg: consciousness of guilt.

recognition that the accused knows right from wrong but there is something else here. so routh flees immediately after the shooting to his sister's house and she described him to police as, quote out of his mind, talking about imaginary objects and count nans. -- count mennance. that will help the accused? >> it will help the accuse but expect the prosecutor to say look this is somebody who stated he used marijuana laced with formaldehyde with other drugs that morning. he made the choice to use those drugs. he also took whiskey. that was root of illusions and paranoia. the defense will say that is not situation. he may have self-medicated but self-medicated because he was suffering from these mental illnesses. gregg: it is a long shot for the defendant. i checked institute of health. insanity succeeds less than 1%. >> that's right. gregg: good to see you both.

>> thank you. >> nice to see you. >> have a great day. martha: let's go over to jenna lee, find out what is coming up on "happening now." >> hi, there martha. we'll have more on the death of the reknowned newsman bob simon killed in a car accident last night. pressure on presumed front-runner hillary clinton to get in the race for the white house. karl rove joins us at top of the hour on that. new fox polling suggests despite improvement in economic data in the united states, most americans do not feel they are benefiting. chris wallace on financial impact of. ski you at top of the hour. martha: thank you jenna. you know what, it is almost valentine's day, if you haven't thought about that yet. gregg: oh, yeah. martha: day of flowers cards, candy, but what about love what about love people? the surprising results of our survey coming up. ♪

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>> possible will have no choice but to do you even if he believes your version of events. do you want to take a seat? gregg: what is it with washington and leaks. the third season of "house of cards" going online two weeks early but then removed minutes later. netflix claims it was kind after glitch. conspiracy theorists abound it was actually leaked as a marketing stunt. it was up for about 30 minutes. so viewers could only get through half an episode. fans feeling frustrated and fooled.

typical frank underwood. martha: all right remember this sorry. the captain of the costa concordia found guilty now of manslaughter for the deadly shipwreck off the coast of italy in 2012. survivors, relatives and victims are blasting the sentence which he received which is 16 years in prison. chief correspondent jonathan hunt is live with more on this. how did the captain react to this sentence that he got jonathan? >> reporter: well, interestingly, francesco schettino, martha didn't have to be in court for the reading of this verdict and chose not to be there. he had showed up for most of the trial but on this most important day he wasn't actually there to hear the judge's hand down the sentence of 16 years. 10 of those years were for the deaths of the 32 people who lost their lives on board the costa concordia. five years worth for causing the

shipwreck. one year for pan dong ship. you may remember famously that schettino got in a lifeboat. he said he didn't actually mean to. but as the ship tilted he slipped over, and fell into the lifeboat that took him into safety saved his life while 32 others died. his lawyers by the way, say he will appeal and in the italian system there are two stages to that appeal. so he will not yet be going to jail martha. martha: is quite a story he has about slipping into the lifeboat there. >> yeah. martha: in terms of the payouts there was also a financial payout to some of these victims right? >> reporter: yeah. the judge actually spent 30 minutes reading as far as we could tell the name of everyone of those who died and survivors who were onboard that ship. the totaled in the range of range of tens of thousands for

each of the victims. a lawyer for the victims, many of them filed civil lawsuits, say that isn't nearly enough. they too are going to appeal this verdict martha. >> boy, what a story. jonathan, thank you very much. >> reporter: sure. gregg: a cease-fire is declared in ukraine after marathon negotiations but will this truce collapse before it even goes into effect? we are live in kiev. captain obvious: i'd get a deal for tonight with deals for tonight from hotels.com. and you might want to get that pipe fixed.

♪ ♪ martha: so fox news polling shows americans are split on a hot topic this week: love. we asked registered voters something we don't usually ask them, do you believe in love at first sight? 51% say yes, 48 -- i definitely believe yes because i fell in love with my husband pact create at first -- practically at first sight. gregg: did he feel the same way?

>> yes apparently. gregg: so it was double love at first sight. martha: we knew, we knew. we're looking for fair and balanced news packages, and the winner gets $10,000 and a trip to new york city. check out foxnews.com for the rules. get those going college students -- gregg: yeah. deadline is march 9th. "happening now" begins right now. martha: bye. ♪ ♪ jon: after 16 hours of negotiations, leaders from ukraine and russia reach a deal, a ceasefire set to go into effect on sunday. will this one hold? good morning welcome to "happening now," i'm jon scott. jenna: hi, everybody i'm jenna lee, we'll see what actually takes place. this fragile truce very late in the night last night. even during the negotiations, pro-russian rebels launched some of the