melania trump for sitting close to me. it was fantastic. allison mansfield for working the camera, helping us out on radio. good luck. there will be another season of the apprentice. >> thank you for joining us. we'll see you back here on the couch tomorrow. >> stay warm everybody. bill: let's start on this wintry tuesday morning with a fox news alert. there is a big blast of winter weather hitting just about every one east of the mississippi. the team is back together on this tuesday. i'm bill hemmer. martha: good morning i'm martha maccallum. the storm system is roaring through the south. ice, snow, freezing rain knocked out power to hundreds of thousands of people from arkansas to the carolinas. bill: we want to start in new england which cannot catch a break. molly line outside of boston,

massachusetts. >> reporter: this is the calm before what is expected to be a much smaller storm. just a couple of inches expected mostly to the south of boston. you can see the road are looking good back here. sidewalks are fairly clear. that's expected to change within the coming hours this afternoon. this is generally just a pile-on problem. it continues to be a concern about roofs caving in and fire hydrants that have yet to be dug out which means you have got to dig to get to them at this point. the fires are difficult to fight in these cold temperatures. and that cause as lot of issues. there was a fire where they had to contend with that. bill: you were showing us

pictures a few days ago where the streets were just slammed. you had snow 5 feet high on each side of the road. >> reporter: that's right. one of the biggest issues continues to be the transit system in boston and the limited suburbs. the expectation is things won't get back to normal for at least a month and that's if we don't experience any major snowstorms between now and then. >> the train is delay after delay. >> mother nature, there is nothing we can do about it. we have to keep adjusting. they are doing the best they can. >> reporter: a tough one. they hired hundreds of people to continue to work to try to get the train tracks clear. bill: they won the super bowl.

just remind them of that. martha: that will make them feel better. icy roads and trees and power outages and a big worry across much of the south as the temperatures plummeting there. kaitlyn pratt is live in:georgia about an hour north of atlantic. good morning. >> reporter: we are dealing with 200,000 people without power here in georgia many of those folks located in the northeastern part of the state where i am. i'm in a little town called ball ground. many people are under a winter weather advisory. it's not the snow, it's the ice. take a look behind me and you can see what i'm talking about. this is one of the situations playing out across the county.

across the state today. trees just toppled. that ice on the limbs they just couldn't take it. also loaded down power lines causing them to buckle, leaving much of this area in the dark. power crews have been working through the night. here is the deal, the wind are expected to increase. that's expected to cause even more outages and more problems. you probably remember last year when we had all that gridlock and you saw the aerials of the metro atlantic area. this year georgia is prepared. they had a practice run. so we are not seeing of any that this morning. the georgia road views were going -- road crews were going around and around dropping sand and gravel.

no big problems to speak of, nothing like last year. martha: thanks so much. it looks like she is standing with brown ground behind her. but when you lose power there will be is nothing worse than that. that. that. bill: in the southeast there could be a lot of folks without power. it's winter, right? the white house saying it will appeal a federal judge's ruling temporarily blocking the president's action on immigration. that ruling clearing the way for a lawsuit by 26 different states which could give 5 million illegal immigrants amnesty. steve, you be say the key word is temporary. meaning what? >> the judge didn't rule on the merits the case. the judge said i need more time

to look at this. if you read his 123-page opinion it suggests he's pretty i am a threat wick the case the states have made, that the administration is going beyond its authorities by attempting to allow these folks to stay in the country. bill: how is this being reported? speaker boehner has a statement out that 22 time the president said i do not have the authority to do that. has that flipped? >> i find the reporting on this interesting. i read evening there was to read about this ruling this morning and i couldn't find any reference in any news story to the fact that the administration once was on the other side of this case. barack obama was candidate repeatedly whether he had the authority to do exactly what he's doing today and he in effect said no. he said it directly and repeatedly as speaker boehner points out. nearly two dozen times.

that's been absent from the news story. and i think that matters. in a battle of public perceptions. whether you are talking about dhs fund or the 2016 elections. it matters that the white house is saying people today who are arguing against us have the same position we had just a couple months ago. bill: where does this go? supreme court? >> it would be a long time. nobody knows where this will end up but it was clear frommed administration's reactions that they are not lying down on this. immigration groups have been pushing them to move forward. greg abbott the senator from texas made it clear the states want to fight this, too. bill: we'll see where it goes. thank you. steven hayes.

enjoy orlando. bye-bye. martha: egypt is calling on the u.n. to form a coalition against isis in libya. these are pictures of the smoke rising above the city of derna in this egyptian video after the terrorists beheaded 21 egyptian coptic christians. >> reporter: egyptian president al-sisi is look at the countries surrounding him and he sees isis popping up. the attention has been on syria and iraq where isis has their home bases. but in the last few weeks there have been a popping up of isis militants in libya. egypt striking on isis targets there. now president al-sisi is calling

for a u.n.-backed mandate for a wider evident to take on terrorist militias. italy says if there are no diplomatic means they are willing to participate in some operation there. the focus seems to be some type of air campaign. but presidential presidential president si si is look at that area as destructive to egypt. there have long been weapons that have run from egypt into the sinai causing problems there. he wants to stop the isis affiliates from gang toehold. -- from gaining a toehold.

nato officials say there is no talk about an open nation libya. -- about an operation in libya. but there is a possibility libya is one the places isis will gain a strong toehold in the future. martha: jordan, saudi arabia possibly able to create an he lines between them to push this group out. it's horrific what we saw over the course of the weekend. bill: we'll bring in john bolton in a few minutes. a state of emergency as a train hauling crude oil. more on these incredible pictures. they went deep into the sky. and the new threats facing the surrounding area that exists today. martha: we are talking about the brutality of isis drawing countries deeper inthe to the fight. is the u.s. prepared to give the

help they say they collected in the form of this coalition. ambassador john bolton on what's really going on on our side. >> the ideology of isis is clearly supremacist in the sense that anybody who is not islamic in their understanding is to be either enslaved or eradicated. this is a general genocidal movement. , i'm afraid so. it's okay. this is what we've been planning for. knowing our clients personally is why edward jones is the big company that doesn't act that way.

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martha: it's a massive fire and state of emergency in west virginia after a train carrying 100 tankers of crude oil derailed and exploded near a small town. it happened overnight. at least one tanker car falling into a nearby river and sparking a house fire as well. >> there was loud explosion. we were slay sleigh riding. martha: there are growing concerns as oil seeps into the local water supply. the hundred hospital have been forced from their homes are hunkering down. investigators are on the scene there. they say severe weather no big

surprise there may have been a factor in that crash. >> al-sisi asked for intelligence data and they didn't get it. >> the kurds asked for support too. >> they have been begging forearms and ammo from the united states and not one bullet has been provided. bill: brutal executions are drawing once reluctant arab countries into the fight. egypt's air force said they took out 67 terrorists in libya. john bolton joins me now. what did you think of ollie north's comment about the u.s. not doing enough? >> i think he's right.

there are 1,000 things we could do from additional airstrikes, intelligence arming andng. the fundamental problem with american policy is we don't know what the ends are. you have to talk about ends before you talk about means. the president is still in the mode of thinking isis is part after law enforcement problem like mayors face in our cities and towns across the country you have always got crime even though he says the goal is ultimately to defeat isis. ultimately is a long time away. bill: i have got a number of maps i want to go through. iran is going after targets inside of iraq. by backing the guerrillas in iraq. you have got jordan hitting targets in syria. you have libya going after targets in its own country and

egypt doing the same. there is no cohesive strategy here. it's just a scatter shot. >> that's one consequence of the withdrawal of american interests and influence. the europeans are concerned given events in paris and copenhagen. given the threat isis made to go after rome itself. there is a lot of willingness to join together. there are different views about how to do it and what to do. that's why you need leadership. the united states is visible by its absence. bill: 18 months ago 20 months ago, isis controlled this area in syria and crossed the border into iraq. you have 12-13 different countries where isis is claim something sort of presence whether it many the philippines or indonesia oral jeerl yeah. over the past 48 hours you had

cairo going after these targets. so if the egyptians are carrying out hits in libya on behalf of coordination with the libyan government, how effective are these strikes going to be? >> in the short term they will destroy the targets they are aiming at. but it's not part of a larger combined operation. that's part of the larger problem isis is exploiting. states are collapsing all over the middle east. the government of libya has a small writ for its authority. that's why the states in the region feel overrule powered. jordan egypt threatened by the muslim brotherhood and the monarchies threatened by iran and they are looking forking a strong outside power to lead

them. it's like saying in the 1930s why can't the czechs and slovacs stand up to germany. bill: i don't know if you saw the niece the atlantic can. the time is:"what isis really wants." in order for isis to do wait wants, it needs a caliphate. to get a caliphate you need territory. if you want to deny isis existence you take away its geography. that's how you defeat them. >> that means boots on the ground. without understanding that the real defeat of isis does require

taking away the territory they and their affiliates control we'll see them continue to expand. yet we have got a president for whom the concept of victory he once said was akin to japan surrendering on the battleship missouri. it's so old-fashioned. so long as your leadership believes that you won't have a coherent plan to achieve the objective. i think military experts can couple with many what is we can be effective on the battlefield. but unless this country makes the political decision that the safety of the united states requires the obliteration of isis it will continue to expand. bill: good to have you back. martha: an eye-opening report about income inequality. those claims that gap between the rich and poor has been growing may not actually be

factual. bill: hunt for a suspect who shot the mother of four. why a security video may be the key to make an arrest.

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for all the confidence you need. td ameritrade. you got this. slovak. martha: there was a big point in the 2012 presidential election. democrats claimed income inequality was getting worse and worse over time. but a new report shows that may not be the case. joining us is stuart varney. this is sort of something that has been accepted across all political lines that income inequality is an issue in the country and it keeps getting worse. >> it's an article of faith a

popular belief. the rich are getting richer and it's getting worse. the "new york times" hasin frequently about this. a new wrinkle about this. studies of existing numbers from two universities show the wealthiest -- income for the very wealthiest is down more than for any other group. that wealthy group have not recovered. the top 1%, their income during and after the crashing went down 20%. the bottom 90% their went down 13%. so the rich took it on the chin, everybody else took it on the chin but not as badly. if you look at the top.

the. martha: the problem is the people at the lower end of that spectrum when they take that kind of hit it hurts a lot more than it hurts at the upper end of the spectrum. so the disparity is still in fact there. >> the government programs did help raise the lower and middle classes a little bit. that's why they didn't suffer quite as much as that top 1%. but you have got to remember we are talking about income. there is a huge continues between income and wealth. income is the paycheck wab it's what comes aught. wealth is the accumulation of that income. wealth disparity is still huge. income disparity isn't as bad pass we thought it was. martha: politically does this become a tougher argument? >> yes i think it does. if you are here to say we are here to redistribute from the rich to you it turns out the

rich have suffers more than you. martha: if you are voting in the next election that's not something you are going to get a lot of sympathy for. >> the income inequality argument has traction politically but economically not so much. bill: the taped confession from the man accused of killing chris kyle is played in court. how did jurors react? martha: remember sandra fluke the face of the so-called war on women? she was a celebrity at the dnc. democrats are getting ready to stir up that battle cry of the war on women. it didn't tblorkt mid-term so it is an effective strategy? >> a country where our president either has our back or turns his back. we talk often about choice.

well ladies, and gentlemen it's now time to choose.

you. bill: jurors played a video where they heard defendant eddie ralph confess to shooting and killing kyle and his friend chad littlefield. what else did that tape contain? >> reporter: it lasted 90 minutes. it starts with eddie ray ralph. his head is down on the interrogation table at the police department. he's handcuffed. this is the night he was arrested. hours after the crime he's rambling and incoherent at times. and other times he sound completely lucid.

texas ranger danny buyly is heard on the tape. he's heard saying i knew if i didn't take out his soul he was coming to take mine next. he was further pressed asking if he had anything to say to the families. he said quote i'm so sorry for what i have done. if i could have done it differently, i would have done it so much differently. bill: did the defense have a chance at rebuttal on that? if they did what did they argue? >> reporter: they did. the defense team tried poking holes in the interrogation style that was used that we saw on the tape and questioning whether the tape was admissible in court. they fought to not even have it played. they took issue with the way their client was given his miranda rights.

and that he did not have to answer questions without a lawyer present. they also raise the question to the jury on why investigators did not obtain a warrant at that time to draw ralph's blood for drug testing. something they say is extremely common, especially since the accused admitted to drug and chog use the morning of the murder. ranger buyly briley did not have a good answer for that. bill: casey stegall live on that case. martha: the 2016 presidential race is just around the corn and already democrats are laying the ground work for the so-called war on women. this week the group called emily's list which supports pro-choice democratic women candidates launched a new campaign that will document each time a republican candidate

ignores, insults oh offend american women. penny lee and rich lowry welcome to both of you here. rich, you called this one of the souped -- one of the and lowest form of argument. >> in colorado they ran pretty much on nothing else, the democratic senator except for contraception and that's not the issue that is on the top of people's minds. and republicans don't want to deny anyone access to contraception. it's just silly. they had some success with it in the past. now that they are probably running a woman for president any time anyone looks cross-eyed at hillary clinton they will say it's an assault on women. changts of sexism will be --

charges of sexism about be used in hillaries campaign. >> they are going to promote issues and policies that advocate for women's issues and point out those that aren't in line or aren't advocating for thing such as equal pay. things that aren't as access to healthcare issues. so that is what emily's list is about. but it's no different than what the nra and the sierra club and all those groups do. advocating policies for their electorate. martha: you have written about the equal pay issue and made an evident to debunk it. -- made an effort to debunk it. equal pay and contraception are two areas republicans would say there is not a big argument over. >> of course everyone should get

equal pay for equal work and equal hours depending on the profession they are in. when they cite that women make 70% of what men do. it's been debunked because it doesn't account for things like hours worked, what kind of occupation you are. if you are a partner in a law firm in new york city working full time and a school teacher working full time whether that woman -- whether that lawyer is a woman or man the lawyer is going to make more. those are the kinds of things the figure doesn't adjust for. >> time and time again we have seen whether it be the lily led better case. you have seen republicans deny the vote. when it comes time to actually vote, they don't allow the vote.

>> the legislation is not helping trial lawyers. women aren't really truly interested. martha: let many talk about how to get the women's vote. the part which worked for republicans is this isn't what women cared about. what women care about is creating jobs so their families can do better overall. it was relevant to women in years past but doesn't matter to them anymore. >> the women's vote is not monolithic. martha: they are treating it like it is. >> everyone will have to address it and they will have to find ways to trigger their own truth. women whether they be married or unmarried, that's split black or white college educated or uncollege educated. everybody is going have an issue. but at the end of the day it's going to be the voter what

their truths are and what they feel that candidate speaks to. martha: two mid-terms ago they had a tough time. it went south for them because of dumb things they said. what's the gop doing to make sure that doesn't happen again. >> the candidate matters. i think the play for republicans. you do some defensive politics say we fave over the counter contraception to take the edge off the allegation you oppose contraception. but you just forge an agenda that's good for everyone. men, women people all races. a national agenda good for the entire country and let the interest groups play the pandering demographic-style politics. i hope i didn't do anything to offend emily's list.

bill: 20 minutes before the hour. winter weather sweeping through the american south make for slick driving today. that from a television news crew almost become can the story. we'll see where that happened in a moment. martha: the white house refusing to call isis islamic extremists, now also reluctant to mention the faith of the terror army's victims. >> you kill christians, you kill jews, but you may in certain circumstances even slave them. that's what we are up again. won't keep you up at night. know you have insights from top investment strategists to help set your mind at ease.

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martha: apple may be expanding

from i phones and ipads to i cars. a couple weeks ago spokes spot what appeared to be a driverless car in brooklyn and another one in san francisco. last year google started trials of a self-driving car as well. >> the ideology of isis is supremacist in the sense that anyone who is not islamic is to be enslaved orer eradicated. this is a genocidal movement. you kill christians, you kill jews and you kill yazidis and you may in certain circumstances even slave them. we have an administration who won't even admit there is a religious basis for what's going on. bill: the white house condemning

the beheading of 21 egyptians calling it despicable and heinous but the statement did not mention their christian faith. why is that? rudy giuliani is the former mayor of new york city. there was a conference call yesterday. during this conference call monday, no reporter asked the specific question, so we are left to try and figure out on our own why not mention the fact that they are christians. >> the kirls announced this was being done to people of thecross because of their faith. they left no ambiguity as to why they were being killed. they were being killed as crusaders and people of the faith, people of the cross. the prime minister of england referred to christians. the pope referred to it as all christians. in the faces of all that why you

wouldn't do it is very very troubling and this happens all the time now. it goes back to the workplace violence that he described fort hood as. bill: way back in november ... >> many situations like this where people have been killed by islamic extremists. we also have no words islamic extremist terrorism. the killing is done in the name of their religion. they may miss inthey are bret their religion but it's done for that reason. that's the connecting force. without identifying the connecting force. we will have a very * hard time analyzing it. being able to fight it. being able to fight it as a war of ideas as well as militarily. >> what the might house might say is what difference would that make.

we'll call it terrorist because they are terrorists. they would argue we are having a summit on extremism that starts today apparently and goes for two days in washington. it is a particular form of terrorism or extremism. a very very particular form and the predominant form without doubt in the world. if you look at the extremist acts. they make up 1%, 2%, maybe 5%. this our enemy. if you didn't identify ... there are lots of forms of fascisim but it didn't stop us from using the word nazi. we didn't say fascist in general because we were afraid to say nazi. bill: the language is strong, bar

>> militarily it hurts not being able to identify your enemy. but philosophically and fighting for the minds and hearts of the people it hurts a lot. it doesn't set up that the interpretation of the ridge is brutal. it doesn't challenge that. islam needs to be challenges like the reformation. the islamic religion needs that challenge and the people who are the reformed islamics need that support and we are not getting it from them. by him not referring it -- he thinks he's somehow being

euphemismic about islam. bill: it doesn't appear they are going to change. i want to move you to this long piece that's out this week. you can -- we can debate them the future. the tithele is "what isis really wants." -- the title is "what isis really wants." if they have a cal fail they win. but to have a caliphate they need land and gee roog if i. they have that in syria and iraq. if you take that away die feet them. >> they have syria and iraq. they are looking for more. and the reality is if you defeat them then syria and iraq become part of iran which is almost the

same thing. and yemen. so we are looking at two possibilities here both of which are horrible. if you allow iran to help you defeat isis which we seem to be doing, we are going to end up -- if we defeat isis, one gone, and a new iranian empire which is what the iranians are trying to do. nobody is look at that and they should. bill: that's great point. >> the administration is ready to give us away to iran. right on the verge of doing it. bill: be well. martha: a massive derailment of an oil tanker train sparking a huge fire and sending crude oil into a nearby river. we have a new report on the investigation there. a mother of four shot and killed in an apparent road rage attack. how a critical piece of information may find the killer.

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>> my dad put everything into that car with ply mom. they both worked on it. >> reporter: the car has an appraised value of $65,000. but someone who restored cars. he says i know he thought her. he's letting go more than sheet metal and paint. martha: where is the investigation now? >> reporter: police probably have more information than they are sharing. in addition to the video, they are likely in pratt sells of getting more and better camera angles since they know the time, the place and the route travels. there is the vehicle there. after myers got in that argument with this suspect after a traffic altercation, the man is around 25 years old.

spiked dirty blond hair. he followed myers home and shot her in the head. she died two days later on valentine's day. she was teaching her daughter how to drive in a school parking lot buffalo he took her life. bill: there always white house such it on fighting violent extremism but will there be a focus on is lambic extremism. martha: a federal judge blocked president obama's executive order on immigration.

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>> so big day today as the white house finally holds what we've been looking forward to for some time, a three-day summit on terrorism, looking for ways to fight the scenes we've seen

horrific ones over the course of the weekend. white house is standing ground its the critics. they say do not expect us to talk about islamic terrorism, rejecting any mention of that term. welcome to america's news room. >> good morning. the white house raising a curtain between violent terrorism and religion not making a connection in the slaughter of 21 christians beheaded purely because of their religious beliefs. the white house simply calling the victims egyptian citizens and bill o'reilly asking why is the white house ignoring the facts? >> the white house did not say the victims were all christians and that's why they were killed. didn't say that. statement did not mention islam or muslim extremists or the jihad. again, the avoidance of the true issue is truly shocking. everybody in washington knows president obama is not confronting the jihad in an aggressive way preferring to

play word games. jihadists are emboldened. they know they can expand their operations with a little opposition. >> senior editor at the national review and a fox news contributor joins me now. white house spokesperson was asked about this summit three-day summit, a lot of time being devoted and said you can call them what you want but we call them terrorists. what are we doing here? >> i find this to be -- it's almost out of a tom wolf novel. it's a parity so other worldly from what's really going on but now all of us have talked about the word games for a long time now because they've been going on for a very long time and the reality is that they're counter productive. forget all the stuff we hear from analysts and intelligence types and they're all absolutely correct, that you have to identify the problem and talk clear well it before you can do anything about it. i agree with all of that. but even on the white house's

own terms, they're in fear of making this seem like a world on islam. what effect is this happening? at home it's causing all of us to talk about islam more not less. you know, if i go around saying two plus two is five we have to have an argument about what two plus two is. if you go around saying that people yelling akbar, beheading christians aren't muslims and aren't doing it for a specific ideology, you're going to -- you invite a debate about that ideology. you can just simply acknowledge it and then move to others things. >> we were looking at the pictures. this is what they're good at, making horrific images out of the ends of the poor people's lives. you look at the men, christians kneeling in the sand on the shores of libya, a couple of hundred miles from italy and you look at their statement and in it they mention the blessed operation that took place back in 2010 okay? at a church our lady of

deliverance in iraq. this is so clearly tied to a history of killing christians that has been going on for much longer than that but in their history, five years so how does the white house not identify it as such at this point? >> look. again, i don't know what there's any persuasive reasonable argument for not identifying these people as crist januaryshristians -- >> a bunch of folks. >> a bunch of folks killed randomly. it's like the scene from "the jerk" where they think the guy is shooting cans. it is bizarre to me and moreover, whatever the rhetorical light shows we get from this white house, it hasn't in any way deterred isis from being on a huge recruiting drive. >> and we're going to talk about that in a moment but just very quickly, what's the point of this three-day summit? are we going to get anything out of this, do you think? maybe we will. >> i can't imagine.

i am utterly convinced the reason we have a three-day summit is because right after the paris shooting the white house had to seem like it was doing something and the classic washington response, when you want to seem like doing something while actually doing nothing at all is declare a conference. that's what this is a joke. >> they'll be breaking into panel groups you'll be glad to know to discuss it further. >> that will stop isis any day now. >> providing economic stimulus to these communities. thank you so much. >> thank you. >> president obama's newly confirmed secretary of defense starting his first day on the job. ashton carter, the president's fourth defense secretary facing a wide range of security challenges around the world. national security correspondent is live at the pentagon. first day on the job. what is his mission? >> well carter has already served as deputy secretary of defense, bill. he has already run this building serving as its chief operating officer under defense secretary leon panetta.

he arrived at 8:00 this morning, accompanied by his wife. he specialized in procurement and budget issues during his previous assignments. he's a road scholar. first meeting is with the pentagon civilian leaders, the deputy and the three service secretaries. he'll have a one-on-one with martin dempsey and then given an out of office by joe biden at 11:00 a.m. he'll meet privately with the president this afternoon. the first crisis he'll be briefed on will be egypt's call for a u.n. backed coalition to fight isis in libya in the wake of the videotaped beheading of 21 coptic christians on the shores of italy. >> what is that in the terms of isis strategy? >> it creates a dilemma for the united states military. exactly four years ago today, the uprising against qaddafi began in libya as part of the

arab spring. it was france and europe that dragged the u.s. in that conflict. i remember being with robert gates in brussels at the time. he was pushing back on calls for nato to get involved in libya. he was overruled by the white house and the secretary of state, hillary clinton at the time. air strikes now italy is again calling for nato to get involved, to stop isis. egypt carried out air strikes near tripoli on monday in response to the video. u.n. security council will meet tomorrow to discuss the way ahead in libya. egypt's president in an interview with french radio today called for a u.n. backed force to stop isis. they have a strained relationship with the u.s. after the overthrow. he will have to advise the president what military options there are for libya.

>> so a state of emergency has been declared in west virginia after a train carrying crude oil derailed and then exploded it happened in fayette county southeast of charleston. several tanker cars plunged into the water and neighbors say it was like an atomic bomb going off and it looks like one. unbelievable scene there. heavy snow, bitter cold temperatures making it very tough for the investigators to get out there and figure out what happened. doug is live with more so doug, it is remarkable that no one was killed or injured in that explosion or fire. >> so true. only one person being treated for possible respiratory problems but that's it for injuries. indeed remarkable considering that one resident said he could feel the heat from the inferno

at his home a half mile away. 109 tank cars carrying crude oil. it derailed yesterday afternoon. this loud explosion was part of the deal there. you see that big inferno there. nearby residents in fayette county were evacuated. c.s.x. and the american red cross are assisting residents. local responders first believed as many as 1,000 people were displaced but only 85 were in shelters. it was extremely cold and snowing heavily at the time of the derailment but authorities don't know if the weather contributed to the derailment. one tank car plunged into the river forcing a nearby water treatment plant to shut its intake valves. portable water is being brought in while the water quality is being assessed. martha? >> there's been a lot of federal pressure to upgrade tank cars following several incidents that were similar to this. right, doug? >> yeah. 2011, that terrible derailment

in quebec that killed so many people. since that event the ntsb department of transportation rail industry have been working together to design a new railcar. all 109 were of an upgrided standard featuring thicker shells enhanced to top fittings and redesigned pressure relief valves. critics of oil shipments by rail are saying this is yet another example of why turn to pipelines and this is going to feed the fuel for the keystone x.l. pipeline. >> breaking news now. amateur video out of ukraine showing heavy fighting there despite a two-day cease fire. watch here. ukraine kran troops and russian backed rebels supposed to start pulling out from the front lines today but the ukrainian

department says it will pull back weapons as soon as the separatists stop firing at them. some of the heaviest fighting is in a key transportation hub. mortars hitting a gas pipeline there today, one person was injured in that explosion. watch that story. martha? >> well, the prosecution is expected to rest today in the american sniper murder trial after a dramatic day in court. so how will the suspects videotaped confession affect his defense? we're going to talk about that plus this. >> almost left a mark. local tv news crew nearly became part of the story. how this ended up. be careful driving out there, folks. >> and a top state department official says killing isis fighters isn't the way to defeat the terrorists so what is? and will it be enough to keep us safe here at home?

>> mr. obama puts a three-year limit how long this could continue. i would point out to you mr. obama we know you're going to be well protected for the rest of your life. the rest of us aren't. ♪ edward jones. with nearly 7 million investors oh hey, neill, how are you? you'd expect us to have a highly skilled call center. kevin, neill holley's on line one. ok, great. and we do. it's how edward jones makes sense of investing.

>> news crew in virginia just narrowly avoiding disaster when an s.u.v. loses control in a snow covered road there. watch here. yeah. they came that close.

the reporter -- wow. the reporter and photographer were okay and the drivers came out okay as well and they indeed were lucky. >> back to top story now as new concerns that isis is expanding continue to emerge. despite six months now of u.s.-led airstrikes in iraq and syria, the pentagon says the coalition claims they've bombed more than 4800 targets and they have weakened the group's leadership. but the group is he can up and downing now. look at this map. throughout the middle east, north africa. when asked what the strategy is to turn back the threat a state department spokeswoman told chris matthews that killing terrorists is not the only answer. >> we cannot win this war by killing them. we cannot kill our way out of this war. we need in the medium and longer

term to go after the root causes to leads people to join the groups, whether it's lack of opportunity for jobs, we can help combrouf their governance build their economy so they can have job opportunities for the people. >> k.t. mc farland joins me. we're not talking about juvenile delinquency here where you need a jobs program in an inner city to help get people off the streets. what is she talking about? >> you know, if that was the cause of radical behavior then you would see india would be the most radical country in the world. it may be a component of it but look. even isis, even focussing on isis, what should we do where should we bomb that misses the bigger picture. this is a much bigger thing. this is the threat of our time. it's radical islam that wants to destroy western civilization the

same way -- >> no it's not the the white house is holding a three-day summit. you have to give them a job and they'll -- >> i worked with jay garner yesterday. he said they have jobs. they're very well paid. they have 30,000 maybe as many as 100,000 isis fighters. they're very well paid. if you want to combat them, you can't just do it on the battle field. it has to be a much bigger picture. it has to have an ideological component where you say this is -- you have to endorse the people who are standing up, like those saying to the religious leaders, you gois have to call out the bad guys. let's have an economic component, bomb the oil fields in iraq where they're funding and supporting radical jihad. it has to have an alliance component where the united states and only the united states can do it can step up and say we're all in this together. europe, israel other muslim

countries, you do this you do that and yet there's none of it. the president, i think, has just checked out. he either doesn't see it or he doesn't want to see it or he has no idea how to do anything about it. >> he won't go down in history. so when you think about what worked against the nazis, right, you know, huge force the allied forces killing as many of them as they possibly could until they forced the remaining people to come out with white flags and say, we're done. these people have no fear of us. and unless they start to say, whoa, people are coming after us and do you know what? i kind of like my life. nothing is going to change, is it? >> and it's not just that we have to kill them. that's one part of what we have to do. one of the things that defeated the nazis was an economic defeat. we bombed their military machine. another thing was that they

literally ran out of gas. we prevented them from getting access to oil and to fuel. another thing that defeated them, we rallied all of western civilization against the ideology that they were promoting. we have to have all of those components to defeat radicalism. we'll do this for a decade. what i think is chilly and bookie is that the president has decided it's not his fight. we western civilization will eventually defeat it but the longer we wait the harder it's going to be, the higher the cost. >> if you love and respect the muslim religion as the president has made clear he does, he respects the muslim religion why wouldn't you be standing alongside the king of jordan and egypt and saying i join you in respecting your faith. let's get rid of these people who threaten you and your countries and your stability together. it makes no sense. >> or how can we help you do what you're already doing? in fact, the president didn't do

any of those things. he did the opposite. he welcomed the muslim brotherhood. that's connected to al qaeda. it's connected to radical islam. it's the mother ship of radical islam and yet the president welcomes them into the state department, into the white house. what he should have done as you point out, is go to president cici of egypt and say, how do we help you carry this out? >> they're going to ask for military help. right? >> we're not giving it and we're also not giving it to the pope who is also standing side by side with the president of egypt saying, this is an attack against muslims. it's an attack against christians. >> they seem to be further down the road in their understanding of this thing than we are. thank you very much. >> white house responding after a federal judge puts president obama's immigration order on hold. lou dobbs will react to that next. plus this.

>> a base jumper in a homemade wing suit jumping off a cliff in switzerland, flying through the mountains, capturing a breath taking view of the alps with his go pro camera. he was able to land safely and now has a video to -- what about that? don't try that at home folks. >> don't turn right. the white house slamming a court

order and vowing to appeal after a court order blocks president obama's order. the action stops deportations for some five million illegal immigrants. lou dobbs here with me now to react to it a bit more. good morning. >> i'm well. good to see you. >> what does that order mean as it stands now? >> it means all the applications that were to be put in place by the first wave of illegal i mean immigrants seeking relief under the president's fiat tomorrow won't be able to proceed. the federal judge in brownsville, texas has absolutely stopped it and i don't think this is something that most people including the attorneys general of 26 states that create a coalition to go after the president and seek redress expected. quite this quickly. but they got it and it is in my

judgment, the correct legal state for us to be in now. giving them time to formulate a case and halting this fiat which was meant to circumvent congress, the law and the president. >> it has to be decided by a higher court. is that the supreme court? a year from now? >> the appellate process is from here and the justice department. the white house has said they're going to appeal the decision. it goes to the fifth circuit court of appeals of new orleans. what is interesting is that there's been a position on the supreme court's docket for such a case in 2016. one of the frustrating aspects of all of this is something called standing. do 26 states really have standing to sue, the right -- can they show they've been injured? this was put together by a governor of texas, greg abbott

when he was attorney general. 26 states have said to the court system, you're all that can stop this. we're a nation of checks and balances. constitution demands it under the take care clause. this president is not only refusing to enforce our immigration laws. he's bow stowing benefits providing welfare, income tax credit participation in obamacare and de facto the opportunity to vote. >> the judge said i have to put this injunction out. if you go forward, the states suffer irreparable harm. the white house says this. the department of justice legal scholars immigration experts and the district court of washington, d.c. determined the president's actions are well within his legal authority. >> wow. isn't that something? i didn't realize that we had just turned over our court system, our systems of checks and balances and had created an

arbiter on the constitution just comprised of legal elites from ak -- academia. i don't think there's a reasonable person in the country, if a reasonable person still has standing in our court system who would say that this is not an egregious overreach of power. >> thank you, lou. see you tonight on fox business. here is martha. >> isis terrorists killing it 21 egyptian men on the beach in libya. the white house will not mention faith and will not condemn them as killings for faith. reverend franklin graham says there's a double standard here. our panel weighs in. >> how cold is it huh? how cold is it lou? it's so cold the water at niagara is not even flowing anymore. >> oh, no. >> yeah. it's frozen.

>> it's really treacherous. if i didn't have four wheel drive, i wouldn't be on it. if i wasn't a nurse going to work, i wouldn't be on it.

>> bitter cold temperatures and snow gripping a lot of the country right now. here in new york city, it's so cold the hudson river is freezing over. ferry boats have to cut through the ice. pretty cool looking out there actually. big problems in the south as well and check this out. you know it's cold when niagara falls is frozen up. we have the guy that climbed it. that's how you do. temperatures dipped to 13 below. great day for sightseeing though, for some folks that were out there looking at the winter wonderland. watch. >> you know what? i'm feeling like i'm losing my nose right now. >> is that lipstick? >> lipstick.

they're blue. >> it's beautiful. it's worth braving the cold. >> i love that spirit. so this is the same storm system that brought heavy snow and ice to the south and to the mid atlantic. it's moving off shore but it is still spreading even more snow from the carolinas up to coastal new england. team coverage now but we begin with laura who is live on the plaza outside of our building. so how is it going out there, laura? >> we have light flurries happening now and the week started off with those deep freeze conditions with those feels-like below zero temperatures and now we've got the snow on top of it which is really made for a quite miserable commute for many people in the northeast. we have some pictures to show you. the roads are dangerous. even walking can be tricky as i found out earlier. new york city office of emergency management issued a travel advisory today. new york city department of transportation fired up 500 salt spreaders and 1,500 plows to

help folks get around here. latest snow and ice accumulation adds to record breaking low temperatures throughout the region we've been talking about. giving you just one example, national weather service reports a record low temperature of minus 10 degrees above buffalo, new york yesterday and that breaks the record set in 1904. some areas seeing five inches which is enough to delay or close schools. in pennsylvania, flight aware reporting 70 flights in and 56 flights out of philadelphia that were cancelled as of 6:00 a.m. driving is a mess in philly too. so much so that the entire state has lowered the speed limit to 45 miles an hour on many of the interstates. so that old addage and old advice to take it easy be slow. allow extra time because you'll need it. >> good looking hat and scarf. looking good. let's go to ray who is nice and toasty warm inside. we know you spent much of the

morning out there yourself. what have we got? >> we're looking at the same pattern continuing which is that you have very cold temps, well below average across the east. it's called a ridge trough pattern. dip in the jet stream that's helping get the cold arctic blocks moving southward from canada and impacting us across the yat. take a look at some numbers right now. it's bitterly cold out there. in the single digits as far as wind chills go in cincinnati, chicago and well below zero in places like minneapolis and also in the city of buffalo. and it's going to continue to stay cold out there over the next several mornings but i want to point out friday morning because this is a particularly cold one coming up and we could be breaking records across many cities across portions of the great lakes, northeast and even down into the mid atlantic. d.c., the forecast is for the temps to be one degree. that would break the record. four degrees in new york city and take a look at detroit. the forecast temperature, not wind chill 13 degrees below zero when you factor in the

wind, it will feel worse than that. otherwise, the cold air will continue in place as well on wednesday and also into thursday across the eastern united states and take a look at that. out west they have high pressure, they have some sunshine, they have relatively warm temperatures. 70s in el paso. 85 -- >> 60 degrees in denver. thank you, maria. >> thank you. >> so the white house condemning the brutal slaughter of 21 egyptians but refusing to call the victims christian. instead, referring to them as egyptian citizens. in the reverend bill franklin graham believes there's a religious double standard. quote, can you imagine the outcry if 21 muslims had been beheaded by christians? >> where is the universal condemnation around the world? david webb fox news contributor, leslie marshall fox news contributor and radio talk show host as well good

morning. a religious double standard david. start. >> bill i want america to pay attention to something because i did it again this morning. it's my job. it's my duty as a reporter as a commentator. i watched the video. and it's a somber topic but it goes far beyond that. the world can galvanize and words and statements have meaning. this will only be eradicated or stemmed in any which way when men with the will, with weapons eradicate the evil. i acknowledge what they're talking about and what franklin graham is talking about when in contrast, there are saudis that condemn the killing of a muslim in north carolina as terrorists but will not condemn openly isis beheading men on a beach to send a statement about blood in the water of the mediterranean.

>> it is true that egypt went after 64 and according to the air force, killed 64 terrorists in libya. >> bill 64 out of tens of thousands. >> but they did take action. >> yes. >> so did the government. i'll get to a statement in a moment. leslie, go. >> thank you. thank you, bill for mentioning that. that's what i want to mention. we have to look at the fact that isis has killed over 10,000 muslims, wounded over 10,000 in iraq and syria. we have to look at the facts that although will graham wants outrage, there is outrage. king abdullah of jordan the king of egypt and libya both countries taking action militarily. saudi arabia, the muslim times, arab nation, i could go on looking at all the pages of condemnation from the muslim world this morning. so when you said where is the outage?

there is outrage. i would say there is a double standard. i would say that when isis kills christians, when they kill jews when they kill americans, we're all outraged but i think that the outrage stops when the victims are muslim men, women and children. >> no it doesn't, leslie. >> stand by one second. some would argue it's about time. a series of things i want to bring to your attention. spokesperson at the vatican used to be a colleague of ours here at the fox news channel. this is a mass the pope held today. the statement was very strong and very emotional. cardinal dolan in new york, these around sporadic attacks. this is part of an orchestrated fanaticism and any religion of peace as the enemy. end quote. >> the numbers matter bill. she talked about the outrage.

we're not killing the enemy and it's time we stopped playing around with this even as a nation under the term war weary. we unleash our warriors to do the job because the world is a better place when america leads, not falls behind. it's great that abdullah of jordan and the egyptians and others have taken at least a form of action but there should be 10,000 dead isis not 10,000 dead muslims which will continue. when you look at other groups what we see now going on around the world is that we have a cancer called radical islam that has metastasized not only in the middle east, not only africa who are about to attack in a city with 200,000 clishristian refugees but we see a glebal goal for them and not a global response, not words, not a global response of any consequence that is severe

enough to even stem the tide of their advances. the one third of the territory in syria. one third in iraq. >> we'll see what comes out of the white house on the two-day summit. what is your expectation from that if anything? >> well quite frankly, if we could all stop worrying about labelling, you know, although i think we all know these are jihadists, radical islamists and not try to blame the majority of 1.6 billion people -- >> we're not. don't try that. >> david please. and that the bottom line here is we have to have, and i think david and i would agree, all of us would agree, the world a groegrees agrees, we have to have a strategy to defeat them. bill, you said something earlier in the program about geography and land mass and about how they're trying to build, especially in syria. but that we as the world, not just the united states have a

responsibility and an ability, quite frankly, militarily, to destroy them by taking that away from them and i think that's what has to come out of the white house and our allies. >> graham says the storm is coming f. it concerns you like it does me share this. david, we have to go. leslie, thanks to you as well. appreciate it. martha? >> it was a dramatic day in court in the american sniper murder trial. the jury hearing a confession from the man accused of killing navy seal sniper chris kyle. how could the video affect his defense? >> also two veterans of the war in afghanistan reunited after being separated for years. the moment that will warm your heart. >> we found a couple of i.d.'s. we did have three of them go off on us so he's been through a lot. same as me. i'm just happy to be here with him again.

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>> prosecution is expected to rest today in the american

sniper murder trial. eddie ray routh accused of killing chris kyle and his friend at a shooting range in 2015. jurors watched a videotaped confession from routh. on the tape he admits to the two murders and he apologizes and then he goes off on some rambling tangents. the officer who is interrogating him and it goes on an hour, says, quote, you know what you did today is wrong. right? routh says yes, sir. but then adds would it have been all right if i had stayed? meaning had he not left the scene? joining me, criminal defense attorneys brian silver and amanda. good to have you both here. when you look at those words, amanda, let me start with you. they seem very damning because it's obvious that he knew what he was doing and that he knew it was wrong. >> yes. well, at least he knew what he

was doing at the time of the interrogation. that doesn't mean he knew what he was doing at the time of the crime. and i think that's where the confusion is. the question is whether he knew what he was doing was wrong when he shot the victims and whether or not he had the impulse to resist the crime. >> all right. let's take a look at another quote from his interrogation with the officer. he said, i was going to be the next one getting my head shot off. if i didn't take out his soul he was going to take my soul next. i'm just tired of playing chess with my life, he says. brian, what do you make of it? >> you know, if i was the prosecutor trying this case, i would have concerns because a statement like that shows that this guy had an insanity issue potentially at the time he committed the crime. other guest is 100% correct. in law as in life timing is everything and just because a guy who maybe has a schizophrenic problem or a

mental health issue was lucid many hours later, it doesn't mean at the time of the crime he was lucid and that's the ultimate question. by the way, that's the issue with schizophrenia. ut offof lucidity. >> he went to taco bell stole a truck, drove away went to his sister's house talked about what had happened. all of that i think, makes it pretty tough does it not, to say that he didn't know what he was doing or that he was insane at the time that it happened? obviously he's a person who has deep problems. i mean it's clear from what he's saying and his act but the insanity defense might be hard. >> actually i don't think so. i think if there's an insanity defense, this is the case. look at the 911 call from the sister. i mean the sister is saying that the brother is babbling

that he is or is not on drugs. she can't tell the difference but there is something wrong. if you look at the statement i had to take a soul to save my soul, what's that to say? that's not a person that is lucid. >> i have to say respectfully i disagree. >> quickly, broi brian. >> you have a guy that admits what he did was wrong. that's not good. that's very bad and that will be very challenging for the defense. >> we have to leave it there. >> this is not a clean case for the prosecution, either. >> thank you very much. everybody watching this case very slowsly. see what the jury thinks. that's what it will come down to. >> quickly now, checking in on "happening now." how are you? >> major blow to the president's executive action on immigration. will a texas judge rule to block the order breaking an impass in congress on homeland security? it's about legality and

politics. massive fire ball forcing people out of their hopes. terrifying scene in west virginia. how it all happened and the threat still there. are isis is quaid i had head ford a terror turf war in libya? it's fertile ground for extremists. >> thank you. see you at the top of the hour. mystery brewing on mars. what are the giant, bizarre plumes of dust that stretch 150 miles in the air? more on this stunning discovery in a moment.

what's that thing? i moved our old security system out here to see if it could monitor the front yard. why don't you switch to xfinity home? i get live video monitoring and 24/7 professional monitoring that i can arm and disarm from anywhere. hear ye! the awkward teenage one has arrived!!!! don't be old fashioned. xfinity customers add xfinity home for $29.95 a month for 12 months. plus for a limited time, get a free security camera call 1800 xfinity or visit comcast.com/xfinityhome. >> so a mystery on mars.

scientists baffled over cloud-like plumes of dust spotted within a yellow circle. the plumes reaching more than 150 miles into the atmosphere. managering editor for space.com has an answer for us apparently. or he's going to try. mars is a strange place. >> it is. >> what is this? >> in 2012 the hubble telescope saw a huge plume around the planet, hangs around for about 10 days covers a huge area, just whopping area and then it's gone. and what's interesting here is that it is so much higher than anything they've seen on mars. >> the past i think you shared with the producers it was 62 miles in the atmosphere. this is more than double that. >> more than double that. hung around for 10 days. they think they might have images of one from the 1990's or so. they have to confirm that too. and they've seen it twice now in 2012 from the same place.

in april and later in the area as well. >> so we cannot say what it is at the moment but they might be able to say what it is soon. why? >> there's theories it's related to aurorais on mars. nasa has a new spacecraft called maven looking only at the atmosphere. nasa has a few other spacecraft and if they line up this could spot this thing if it happens again. >> what's your hunch? you study this thing every day. >> on earth we have night shining clouds. they reflect the clouds. this could be a reflection from that emissions from the aurora that are reflecting light as well which is something we haven't seen here. but they could be something like that. >> all right. the mystery continues.

>> it does. >> so when you get an answer you come back and tell us. >> i think we'll be hearing more of this soon. >> thanks for coming in today from space.com. >> always a pleasure to see you. >> here is martha. >> what a winter it's been. this time the south is taking a hit. hundreds of thousands without power and that stinks. is there an end in sight? we'll show you when we come back. e in retirement? i don't want to think about the alternative. i don't even know how to answer that. i mean, no one knows how long their money is going to last. i try not to worry, but you worry. what happens when your paychecks stop? because everyone has retirement questions. ameriprise created the exclusive confident retirement approach. to get the real answers you need. start building your confident retirement today.

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martha: really heartwarming moment from a marine veteran reunited with his service dog at the virginia state capitol. he felt like part of his life was missing after being separated for three years from his bomb detecting dog, spike. he was with him in afghanistan of the marine's mom used social media to track the black lab down. she is apparently good at social media. he is part of the capitol police canine unit. hopes to get him back

eventually. to get your dog back what could be better. bill: good to be back with you. martha: good to be back with you. bill: you had a good trip? martha. unbelievable. bye, everybody have a great day. ♪ jenna: on hold. the mt. obama's executive orders on immigration are blocked by a federal judge. did i take your line any hope not. jon: i'm so eager to get going today. jenna: we could share the line if you want. jon: i'm jon scott. the judge's ruling gives a coalition of 26 states led by texas time to pursue a lawsuit claiming president obama's program exceeds his authority. and violates the constitution. the white house promising to appeal the decision. meanwhile the move also settings up a major showdown on capitol hill over funding for the department of