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 homeland security.

let's go to chief congressional correspondent mike emanuel live in washington. mike? >> reporter: jon, good morning t temporarily put president obama's immigration executive action on hold and in a statement white house press secretary josh earnest said quote, the district court's decision wrongly prevents, lawful, common sense policies from taking effect. the department of justice hasn't indicated it will appeal that decision. the timing is critical as part of the president's immigration action is set to take effect tomorrow. and federal judge in south texas said essentially it would be impossible to put the genie back in the bottle. once legalized it is virtually irreversible action. senate majority leader mitch mcconnell praised the judge's actions, saying quote the ruling underscores what the president acknowledged publicly 22 times he doesn't have the authority to take the kinds of actions he once referred to as ignoring the law, and unwise and unfair. this comes as there is a major showdown on capitol hill over funding the department of

homeland security. house republicans included in a funding package language to stop the president's executive action which is now stuck in the senate with democrats blocking the bill. homeland security funding expires a week from friday, february 27th. speaker john boehner said today hopefully senate democrats who claim to oppose executive overreach will let the senate begin debate on a bill to fund the homeland security department. supporters of the president's plan call it a temporary setback. an appeal would be heard about it fifth circuit court of appeals in new orleans. jon? jon: mike emanuel, thank you. much more to come on this throughout the hour. why one of our guests says that while the judge's ruling will delay president obama's immigration orders, a multi-state lawsuit ultimately will fail. more on that ahead. jenna: now to the battle against isis as egypt pounds terror targets in libya. the president -- its president back as u.n. coalition calling it the best option to drive out

isis and making it clear the airstrikes in self-defense after horrific massive beheading of egyptian coptic christians. conor powell from the middle east bureau in jerusalem. conor? >> reporter: egyptian president assisi has watched for months as islamic extremists have grown more powerful in libya. after they beheaded 21 coptic christians egypt wants targets on different targets connected to militants in the country. those airstrikes have done little to dent the overall insurgent population, islamic insurgent population in libya. libya is awash in fighters. some connected to isis. some connected to al qaeda. some connected to local militias. assisi called on the u.n. to approve international intervention in libya before the country completely collapses. libya has been compared to somalia and seems ripe for a lot

of analysts for isis to grow more powerful to take over large parts of the country. instability in libya funnels instability in egypt, not only along the border region but in the sinai peninsula where a lot of weapons get transferred from libia into the sinai causing problems there. now the u.s. is sort of being called upon by president assisi to do more. he is also calling on nato. egypt gets hundreds of millions of dollars in military aid from the united states and other countries but reality egypt can't do much on their own without u.s. and international support. these airstrikes seem very temporary. they want, jenna a much more robust international intervention in libia to the fight potential of an isis state developing there. >> so close to home. conor powell in jerusalem. thank you very much. we'll have much more on the battle with isis which is known if not one of the richest terror organizations in the world. where is all the money coming

from? what is being done to stop it? these are some of the questions we'll be asking in just a few minutes. >> let's talk a little weather. parts of the south, atlantic and northeast getting clobbered by brutal storms. snow and ice expected from the carolinas into new england. the federal government closing down in washington today because of the storm as people are told to stay off the roads. this on top of dangerously cold temperatures across the country. taking a look at radar more winter weather could be on the way. we have fox team coverage. molly line just outside of boston where that city is reeling under 95 inches of snow and is about to get more. but let's begin in charles county maryland, with peter doocy. what is going on there, peter? >> reporter: you look at the stuff that fell. it is very, very light but the impact heavy. the federal government closed down for the first time this entire year for about six inches give or take of snow that fell

in the district and also in the suburb burbs like where we are an hour away from the capitol dome. pretty much only thing your tax dollars are doing in washington today, is moving snow and towing cars that didn't get out of the way by 7:00 a.m. everywhere that we've gone, in d.c. and the roads out here in maryland we have seen snowplows. they are working hard. main roads are in pretty shape. side streets different story. that is because it is so cold, that a lot of the pretreatments that crews did yesterday is ineffective. >> regular salt begins to lose its effectiveness at about the 23 degrees 22 degrees. you notice some of the salt we have here is green. that is the treated salt. that has effectiveness to about seven degrees. >> reporter: now, the low temperatures also make walking around perillous because there is always a chance that ice formed on the frozen ground at

the start of the storm. we have seen more and more. people are out and about. some private businesses have been opening back up. and this is the biggest snowstorm of the year so far in the capital region and it came on the perfect day for anybody that enjoys a four-day weekend. back to you in new york. jon: pete people bombs ton will be laughing at the federal government shutting down for four, six inches. some thanks peter doocy. >> let's go to the boston area now. expecting more snow today. drivers are warned to be very extra careful navigating around all the massive snowbanks. as you see the snowbank in peter's live shot much different than what you're seeing in boston. this month in boston has become the snowiest february on record. molly line is south of boston in the middle of it all again this morning. hi molly. >> reporter: hi, jenna. the snow is already coming down. we can feel it hitting us in the

space. you talk about the roads. it will be a messy evening commute that things are picking up. we only expect a couple inches. but great pile-on where it keeps coming down is where the problems come from. it is transit system, mbt a the t, that runs throughout boston and surrounding communities faced biggest amount of trouble. we're hearing now from the general manager it will be a month before things get back to normal. that's if we don't see anymore of these big megasnowstorms coming down and causing additional snarl-ups. they're working clearing tracks. people are working to get that running and buses, trolleys trains, back online. getting things some extent limited service going. that led to a lot of people hopping on roads. we're seeing more traffic and gridlock, a big hassle. another thing the authorities are worried b fire hydrants. they getting people to clean out fire hydrants a few people on each side of the hydrants.

the police department giving out itunes or dunkin' donuts gift certificates. that is working for them. go to the website with facebook page, we have screen grab. they are posting selfies of the work that they have done and earning gift certificates. that is just one of the possible incentives being offered out there for folks to get that hard work and get it done, clear the fire hydrants and help the fire department out. jenna. jenna: molly you're always so pleasant, in any sort of snowstorm and blizzard? how are you holding up? at this point i would be done. i would have a side ponytail swinging back and forth trying to report on the news. how are you doing? >> reporter: well, honestly a couple of inches comparatively this whole winter, that doesn't sound that bad. jenna: there you go. >> reporter: i'm not overwhelmed by. that you have to take the good, right? jenna: i like it molly, appreciate it very much. molly line again in the snow in boston a familiar line to us on

"happening now." jon: we will let her go so she can shovel out a few fire hydrants. jenna: get some itunes. why not? jon: the white house plans bows to -- vows to appeal a federal judge's decision temporarily blocking the president's action on immigration. what the ruling means and the political implications for the fight already underway on capitol hill. a mother of four shot inside of her own car. we told you about this yesterday. why police believe she was targeted. plus a dog-napping caught on tape. did the suspect have help?

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she nearly collided with a car. that driver followed her home and someone shot her in the head. she was taken off life-support a few days ago. the man on the screen is still being sought. a wisconsin girl accused trying to please kill her classmates to please an fictional online character. prosecutors charged her as an adult. in denver the hunt now on for a pair of dognappers. two men caught on pet store surveillance tape, one guy distracted the clerk. the other made off with the tiny pomeranian. jon: let's get back to the top story right now. the white house vows to appeal a federal judge's decision blocking president obama's executive actions on immigration. the ruling allows the 26 states who are suing the federal government more time to pursue that lawsuit to stop it. just to remind everyone, the president's policy is supposed

to free up federal resources to target violent criminals. the first of the orders was set to kick in prevents u.s. from deporting young immigrants illegally brought to the u.s. as children. the major part of the order was set to start in may. expanding deportation protections to parents of u.s. citizens and permanent residents. congressional republicans are fuming. they agree with the president's earlier statements he doesn't have the power to implement these changes. they are hoping to defy funding for the president's plan in the budget for the department of homeland security. dhs budget, set to expire next week. their main objection, they see the president's move as an unconstitutional power grab going around congress rather than working with lawmakers. let's bring in a.b. stoddard the managing editor columnist for "the hill." charlie hirt with us, columnist for "the washington times." i wonder ab, does this judge's ruling take republicans off of a bit of a hook?

they were, you know, looking at potential shutdown off the department of homeland security next week because we don't want to fund the president's executive actions. if the judge has said you can't do these executive actions now, do republicans find their way clear to go ahead and restore dhs funding? >> i think the smart thing would be for them to get out of the corner they boxed themself into, pass a clean dhs funding bill when they return next monday the 23rd. their attempts to pass the house-passed bill which includes those policy riders which block the president's executive action have failed three times in the senate. democrats are not going to budge. they continue to say in a time of heightened threats republicans are threatening our national security by withholding dhs funding. it's a political loser. republicans have been acknowledging for a week or month they can't get this out. they don't know what to do. don't have an answer. the best thing would pass clean

funding, pending this injunction we'll wait until another day to act on the president's president's executive order. hope the courts back us up. there are differences though. other republicans say no we can't trust obama no matter what the courts do to stop, to stop his executive action. he will carry it out no matter what. they will still try to attach these immigration riders. there is another school of thought this is going to heighten the pressure for democrats and turn democratic votes. in the end they will be able to pass something. stopping the president with democratic votes. i promise you that last one will not work. the democrats will continue to push for clean spending bill. jon: every member of congress, charlie, is usually somewhat irritated when any chief executive of either party uses executive power to bypass congress but democrats don't seem to be particularly upset about this one. why not? >> well i think because the president is doing something a lot of them agree with and i would actually argue this is a problem we've seen over the past

10 years, even with president bush and republicans in congress. congress has done so much in the past decade or two decades to sort of relent, to give up their own authority over a lot of these issues. it is a bipartisan plague and very troubling and you know, it should alarm every american. jon: they have become enablers. >> absolutely enablers. what they have done they're undercutting themselves. only thing i care about they're undercutting the american people who congress is the closest voice that we american voters have in washington and when congress gives up its authority to a president, whatever his party, it is really dangerous. but i think that this this ruling, that came out last night, is a pretty devastating smackdown of the president, who billed himself to us as a constitutional law expert. it says, that while the president is allowed to sort of have his own policies about who about how and what way to go

about deporting illegals here, he has no right to bequeath upon them rights and benefits reserved for u.s. citizens. and, and furthermore, he has no right to basically take his policies, and extend them beyond his administration. there is nothing he can do that without an act of congress intervening that can tell future presidents how they must street this group of illegal immigrants, that he has picked out to save. jon: a. about, the president used to say he didn't have the power to do this. it was after the election, he suddenly found he did have the power to do this at least in his own mind. >> he did warn congress in fairness to the president, over and over again, it was their job to come up with their own plan. and, if they didn't he would do this. the injunction is not actually declaring his executive action unconstitutional. it is on a technicality which

they didn't register this in a federal register and begin a formal process for comment and review. if they do that in the next few days the injunction could end. it also could lead to an actual ruling against the executive order but it hasn't yet. the president knows that this is only for, even if he gets past these court rulings only for extent of his two years in office. obviously doesn't dictate anything in the future, future presidents. they can walk in and it will be over. but it does put republicans in a very tough political box. they are fighting among themselves how to proceed on immigration. three very significant top republican donors are holding a conference call today urging the party to pass some kind of a reform. if they don't have an answer we'll always be debating president obama's executive order, which by the way has majority approval in polling not the way that he did it but the policies he issued. this is fight republicans have

to solve themselves before they nominate a presidential candidate. jon: we'll find out next week when the congress comes back in session. a.b. stoddard, charlie hirt. thank you both. >> thank you. jenna: isis known as the world's richest terrorist organization so where does it get the money and what is being done to stop the flow of cash? apparently it didn't have to do as much with oil as we thought in the past. we'll go in depth. train derailment sending this into the air. its cargo goes into the river. what it was carrying that is sparking some major concern.

jon: right now a state of emergency declared in west virginia after a train derailment. you can see the horrible results. tank cars exploding sending massive pillars of flame and smoke boiling into the air. this happened monday just

30 miles southeast of charleston. the engine was pulling more than 100 tankers of crude oil sending at least one of them into the kenewa river. the explosion setting a house on fire. nearby residents are force to evacuate as environmental officials remain on the scene. one person was treated for potential smoke inhalation. but nobody else amazingly was hurt. jenna: numbers on the isis money trail, word the terror group's budget this year is $2 billion. which report he hadally includes a $250 million surplus. there are a lot who take issue with the numbers. according to the pentagon the group is no longer getting cash from oil revenue. they're turning to the black market with smuggling operations. with our next guest isis is selling anything they can get their hands on. we have a fellow from the foundation for defense of democracies and he joins us now. where is isis getting its money?

>> it is getting its money from a number of things. you alluded to a couple of them. oil sales, although it lost a lot of refining capability because the u.s. bombed it. it is getting less money from oil because the oil market has collapsed. it is imposing taxation upon its population. extorting money from areas it controls. third thing it is getting increasingly to the antiquities market. selling antiquities in areas that it controls and also been selling property people who fled. for example, the christians of mosul had their property stolen at market or sold at market. so these are all various ways that the group has been getting money. but it is clear, that i think that, their figure of their surplus, is should not be taken seriously. >> i was going to ask you that. do they have a bank? where are they getting $2 billion number? is there an atm? what do we make of the numbers they are putting out?

>> they have a treasury. let's be very clear there are no accountants coming in to perform outside audits that show this is credible figure in any way shape or form. isis claims it has a surplus. one thing this organization tends to do, take areas of weakness to portray them as strength. when they portray their financial strength as as strength of organization we should question that because we know the economy absolutely collapsed in places it controls such as mosul, the price of food and meat has shot through the roof. jenna: do you think that could be part of their undoing eventually? we heard from the president we shouldn't make isis more than it is because they set up a functioning economy? how does that impact their ability to survive? >> i think it is absolutely a part of what's going to cause the organization to unravel although i think unraveling especially in syria will be very, very slow. the fact they can't have a functioning economy. the fact they're imposing

totalitarian kind of rule which makes population naturally chafe and increasing local resistance. this is all reasons isis is in for trouble. another thing i agree with the president, we shouldn't make the isis out more than it is but one reason influence is often exaggerated the white house's own messaging campaign which has been awful dealing with jihadist organizations. part of the reason people think isis is spreading like wildfire when isis makes claims into expansion in countries where it is marginal player and picked up by media and not combatted effectively by the white house. jenna: interesting. do you think we should be doubtful of isis's move inside of libya after seeing execution video of coptic christians? should we view that with less awe and more skepticism this. >> yes. what they have done in libia, both the execution of libya and terrorist attack in tripoli is

horrendous. late last year isis portrayed themselves being in control of northern city of city of durna in libya. we know they do not control it. they finally gained geographic control over area of libya a town of 10,000 people but that is also an indication they weren't able to take durna. jenna: okay. >> showing that the organization isn't expanding as much as it portrays is important part of disrupting its momentum. jenna: interesting to hear you say it. gives us something to think about. quick final thought. easy to feel overwhelmed by the spread of islamic terrorism because we talk about all the different groups from isis to al qaeda,ance shaar al sharia, boko haram. we look at all the maps. can you give us quickly a little perspective on that? is that ballooning out of control in general? should we give it a little bit more pause? how does isis add up to the other groups we've been talking about for so many years? >> jihad system definitely in a

growth period, there is no denying that. thatthat is a very troublesome thing. entire areas are being overrun by boko haram, by other organizations. isis itself is one player among a number. i think al qaeda overall is much stronger in north africa and basically everywhere in the world other than iraq and syria where isis is the dominant military force. so i think we need to understand there is a larger landscape of jihaddism. one thing i think that is important, isis is burning hot right now. it is committing many brutal acts. they will come back to haunt the organization whereas al qaeda which carried out notorious acts against america is handling itself much more strategically and undertaking subtle rebrand. we need to be aware of the full range of play years every segment we do on isis. what are we not watching and what are they doing? something to think about, and something to talk about with you when you come back on again. we always appreciate it. thank you very much. >> good joining you.

jon: a federal judge clearing the way for more than two dozen states to sue president obama over his executive orders on immigration. why our next guest says the legal cards are stacked against those states. and ships forced to wait offshore unable to unload because of a labor dispute. now the white house is getting involved. the big meetings taking place today. plus the fighting in ukraine not stopping despite the cease-fire. what the president's what the country's president now wants the u.n. and nato to do. we're live in kiev. oh i'm on the cookie air diet. you just... and that's it. i prefer real food fruit, nuts, and whole grains. great grains cereal starts whole and stays whole. more processed flakes look nothing like natural grains. let's get real. i am totally blind. and sometimes i struggle to sleep at night, and stay awake during the day.

this is called non-24. learn more by calling 844-824-2424. or visit your24info.com.

jon: you might remember the name of anthony bosch. he is the guy who rocked major league baseball and professional sports in general when he admitted on "60 minutes" that his biogenesis clinic supplied steroids to major league players including alex rodriguez of the new york yankees. he has just received his conditions. anthony bosch will go to prison for 48 months. he also will serve a three years of supervised release afterwards. now his team had been hoping that all of his cooperation and his public statements on the matter would get him a shorter maybe, maybe nonexistent sentence, maybe probation. they hoped for less. the judge says apparently that he will be eligible for a reduced sentence if he continues to cooperate.

there are other trials in the offing. anthony bosch, sentenced to 48 months in federal prison. >> right now more on our top story today. the white house says it plans to appeal a federal judge's decision blocking the president's executive orders that shield up to five million illegal immigrants from deportation. the ruling gives a coalition of 26 states led by texas time to pursue a lawsuit to stop it. the states claim the president has violated the so-called take claire clause of the constitution which limits the scope of presidential power. they say the white house actions forced them to raise spending on things like law enforcement education and health care. so do they have a case? to walk through this, tim o'brien is joining us an attorney who covered supreme court for two decades author of the murder at supreme court lethal crimes and landmark cases which sounds very interesting. we'll focus on deportation but look forward to talk about your book sometime. walk us through if you will?

why did the federal judge walk through this? what did you think of the reasons he provided? >> he did find procedural problems with the law the administration policy to get a temporary injunction you have to show two things. one there will be irrep aable harm if injunction is not issued and two likely you succeed on the merits. here the states i think will have a hard time showing either. irreparable harm they talk about the cost. there also would be tax revenue. how expensive this might be we don't know. insofar irreparable harm is concerned that would be to undocumented immigrants who are deported. they don't come back. there is a question about the success on the merits. we have this very interesting and i think healthy debate about the scope of presidential power over such matters as immigration but one thing we do know the states have no power over immigration. the constitution is clear about. that the supreme court said that

over and over again. this is not a matter for the states. it is not just a matter for immigration. it is a matter of foreign policy. foreign policy is affected by immigration policy. think it is unlikely the states will succeed on the merits. jenna: meantime what happens if you fall under that umbrella of people that would not be deported under the president's executive actions but now there is an injunction, what happens if for some reason a person is detained arrested, and their status is in question? >> well, you have this immediate aspect of the law affects 270,000 undocumented aliens who came to the united states as children. and the administration policy would protect them from deportation. the injunction effectively lifts that protection and they could be deported. one of the arguments that you here is that the administration, the white house the president, has authority to, determine discretion to decide what laws

he will enforce and what laws he will not enforce and that is certainly part of this debate but there is another part i think is largely overlooked and that is that the immigration and naturalization act specifically authorizes the ins and white house to categorize who goes first and make policy considerations that the administration made with this policy. so i don't think you will see a whole lot happening anytime soon. i suspect this injunction will have a very short shelf life. when it gets to the next court, the judges on the fifth circuit court of appeals they will look at a mahdi grawe hangover and shake hair heads and throw it out. jenna: it's a mardi gras. talk about how soon do they get the case and walk us through the next step? >> i expect they get the case in the next couple of days. i would be surprised if the injunction would be with us in a week. i expect the states take it to

the united states supreme court who would deny review. three judges may be sympathetic based on a case we saw, arizona versus united states he three years ago where arizona tried to implement its own immigration policy, the court divided 5-3 said you're not you're going too far. the court is not there. >> you're a wealth of knowledge, tim. thank you. >> thank you. jon: fox news alert and the nation has a new defense secretary, vice president biden just a short time ago swore in ash carter to be president obama's fourth defense secretary in six years. of course the new defense secretary replacing oh going chuck hagel has an enormous number of items on his plate including challenges overseas isis, and also the action in the ukraine. the crisis there. that country's president is calling on the u.n. and nato to

condemn the russian-backed rebels for violating the cease-fire that european leaders hammered out just last week. our greg palkot is keeping an eye on that live in kiev. greg? >> reporter: jon, throughout the day we have been talking to both sides, what looks like a crucial battle in eastern ukraine. it looks like it is coming to a head. we're talking about that key transport hub we've been telling you about, the town that has been the focus of intense fighting for last several weeks. as many as 8,000 ukrainian troops are thought to be inside. russian-backed rebels armed with rockets, artillery tanks most of those of russian nature have been outside but now they're going in. separatist official we spoke to 15 minutes ago claims to us they have now gained as much as 80% of the town. seizing ukrainian military hardware as well as troops. now ukrainian officials also admit to us there is intense

street-to-street fighting and they do acknowledge a group of soldiers have been taken prisoner but claim they are still holding on. this battle has been a main disruptor of the cease-fire which was supposed to go into effect on sunday. it also delayed a planned pullback of heavy weapons which was supposed to start today. over all, the last 24 hours, according to ukraine, 164 incidents, five ukrainian soldiers killed. the other serious fight something outside ukrainian held coastal city of maripol. two sides clashing there. it is thought russia wants to open up a land bridge to crimea which it seized last year as moscow tries to consolidate its gains. more on russia's role in this. today, ukrainian officials claim more than 60 russian military vehicles, troop transporters, as carrying supplies in, have crossed the border from russia into ukraine, into a conflict that moscow that

vladmir putin says he is not involved with. back to you jon. jon: very hard to believe anything that vladmir putin says. greg palkot, greg, thank you. >> the white house intervening in a labor dispute. key meetings taking place after ports along the west coast were shut down, making it impossible for ships to unload cargo and domestic cargo to be shipped overseas. we'll have the very latest next. you don't know "aarp." the aarp fraud watch network the

nyet ♪ jon: happening now, a desperate search for3-year-old april foster. she was seen thursday morning leaving a karaoke bar with a man she met hours earlier. they called police when she didn't show up for work. investigators spoken with the man as well as foster's estranged husband. both have been cooperative. so far they say there is no evidence of foul play. we'll keep an eye on this developing story. >> new information on a major

work stoppage in this country. the u.s. labor secretary is meeting with both sides after an ongoing labor dispute shut down operations at major west coast ports. ships have been forced to wait offshore unable to load cargo. you have the problem the other way around. you have a lot of folkses here in the united states want to get their cargo overseas. chief correspondent jonathan hunt joins us live from the port of los angeles. jonathan? >> reporter: jenna, some 25% of all u.s. international trade passes through america's west coast ports and here's the problem in a nutshell. normally a ship like that, a huge cargo ship, the courage would be in and out and off loaded in around 24 hours here. but we were here on friday. the courage was there then. here we are tuesday, the courage is still there. so this is a major problem and everybody involved in the supply chain for all of these goods getting to american consumers ultimately is very glad to see

president obama is now sending labor secretary thomas perez to try to knock some heads together to get a resolution here. listen. >> i don't think he has authority to make them go back to work but certainly it is a step in the right direction for the administration to finally get involved and make sure everyone understands how serious this situation is. >> reporter: now there are many big businesses that can ride this out relatively easily because of the stock they carry but for small business owners, it is a very different and much more difficult situation. listen here. >> we're just getting to the point where business is good again. we're just get together point where we're making money again, good money and then this hits. just one more thing as a business owner we have to worry about and stress about and not sleep at night about. and you hope that this comes to a resolution soon. >> reporter: right now jenna i can tell you that offshore here

outside the port of san pedro there are some 32 of those huge cargo ships that simply can not get in here can not get their goods off-loaded. so they are not going to get to retailers, they will not get into the hands of american consumers and ultimately, everyone suffers if that is the case. some experts say if this isn't resolved soon it could be one of those things that gets america heading back toward recession. jenna? jenna: wow, the magnitude of it. jonathan, thank you very much. jon: the dow is reaching it highest numbers this year on friday but could those good times last? we have a live report from the new york stock exchange. and it's party time on the streets of new orleans. we'll look at the mardi gras celebrations underway. know that chasing performance can mean lower returns and fewer choices in retirement. know that proper allocation could help increase returns

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jon: revelers in costumes taking to the streets of new orleans today to celebrate mardi gras. people from all over the world gather to watch famous parades including floats musicians and plenty of beads. mardi gras, also known as fat tuesday, kicks off 40 days of lent for catholics. celebrities taking part in the festivities, comedian ron white, country music stardy bentley. jenna: have you ever been down there for mardi gras? jon: no, never been. jenna: make we take the showdown there for that one. >> see if you get that budget approved. jenna: u.s. markets open speaking of money after a three-day weekend. on friday the dow rose to 18,000 first time this year. take a look this morning not quite back there yet but not too far elow. adam shapiro from the fox business network with more on

what is going on. hi adam. >> we had a record close from the s&p 500 on friday. we're only two points off of that. could be a good day for investors keep an eye on the s&p 500 because we might go positive. in the last afterhalf hour we saw money shifting out of u.s. treasurys back into equities. investors tend to more concerned about the negotiations with the greece and eurozone which is really greece and germany is what is going on. we get worried about it but the germans are not too worried about it. when you speak to german investors or german reporters on the floor of snorings. as they say in brooklyn, forget about it. they expect a last minute deal. they that we are more nervous than european or german investors. jenna: how american. thanks very much for the brooklyn accent and everything else. go to fox foxbusiness.com slash

channel finder. jon: here is what we're working on for the second hour of "happening now." a massive explosion and a governor declaring a state of emergency. the latest on cleanup efforts after a train derails sending an oil tanker into a river a river that supplies water for the area. plus, isis threatening more christians after beheading 21 egyptian hostages in libia. how to stop the vicious terror group from expanding in north africa and beyond. you, my friend are a master of diversification. who would have thought three cheese lasagna would go with chocolate cake and ceviche? the same guy who thought that small caps and bond funds would go with a merging markets. it's a masterpiece. thanks. clearly you are type e. you made it phil. welcome home. now what's our strategy with the fondue? diversifying your portfolio? e*trade gives you the tools and resources to get it right. are you type e*?

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jon: you will not get an ordinary dining experience at this cafe because the thanks nature cafe features sheep. not on the menu but in the cafe. they can spend time feeding them and petting them. the cafe in seoul, south korea is all the buzz because this is

the sheep year on the calendar. jenna: i was thinking puppies, sure. kittens, fine. sheep, i'm rt -- not sure about that. i was taking a look. let's look at the weather. it's tough nationwide. new york city, it was snowing this morning. i was checking new orleans because mardy yiis gras. it's a high of 49 degrees. pretty much a big swath of the country, it's cold out there. perfect to stay home and watch a little fox news, perhaps a little "outnumbered" if you're cozy inside today. jon: they are coming up right after us. see you back here in an hour. jenna: "outnumbered" starts right now. >> this is "outnumbered." i'm andrea and here with us

today -- today's hashtag one lucky guy, dr. keith apalo and he's "outnumbered." that's my prescription. >> i welcome in. i like it. it's a challenge for me now anywhere else. i feel less at home than in the middle of this circle. >> are you analyzing us at all? >> no. i can't turn it on and off like a faucet. sometimes i have to say i'm not following that threat. we were talking about this even before the show. but it's hard to turn it off. i hear things. after 20 years of doing this, you hear things and you think well should i comment on that? >> are you hearing voices? >> it's a little like that