she hopes to be at william smith college playing on the basketball team. >> thank you for joining us. we'll be back here tomorrow same time, same couch. we go up to studio j good morning. obamacare heading back to the supreme court yet again. at issue a cornerstone of the law and a decision against the administration could mean a staple blow. i'm bill hemmer. martha: i'm martha maccallum. obamacare at the feet of the supreme court. this is a live or die decision and it could leave millions without insurance. bill: stuart varney on the financial impact of the decision. shannon, what else at heart -- at the heart of today's case? >> reporter: it's about the

phrase that says the subsidies the tax credits that those only extend into state set-up exchanges. still the majority of states are not settings up their own exchanges. so the argument is, is that going to affect whether the subsidies get extended? the irs says we extend them anyway. >> these are only authorized through an exchange set up by the states. congress didn't read the law before they passed it. they passed it hastily and now they are having buyer's remorse. >> reporter: we haded the sound come up from jonathan

gruber he said that's a mistake. that's what he said. bill: republicans have a backup plan in congress. what happens on the overall framework of obamacare if the subsidies are struck down by the court? >> reporter: critics of this legal maneuver said you have to think of the real people who will be impacted. but even those folks who support obamacare say they acknowledge it will be tough if the subsidies are struck down. >> the availability of tax credits to every american who needs them across the country is a crucial part of the affordable care act. without it it can't function. it's prepossible perrous that congress would have -- it's present possibleit'spreposterous that

congress would have written the way the eveningers say it did. bill: here we go again. shannon bream from the court. martha: this decision could affect a lot of people. an estimated 9 million get tax credits to help them pay for obamacare. it's available up to 400 erts of the federal poverty level. that's up to 100,000 for a family of four. tell me about your take. it's very interesting to hear one of the reasons that this clause might have been missed by so many people on the hill is because they didn't read this bill. now a small phrase about the states could mean this thing gets overturned.

>> reporter: it has huge financial impact. up to 9 million people in 34 states would lose their subsidies if the court overturns those subsidies. the "new york times" says those hardest hit would be whites with a high school graduation certificate. if the subsidies are withdrawn then a lot of people will withdraw from the health pool risk. as they withdraw the risk goes up so the price goes up. if you have no obamacare insurance policy whether you get the subsidy or not your premiums will go up. and 15% of the american economy is healthcare. you withdraw the subsidies and you throw that 15% of the economy into great confusion. for the first time the court would be withdrawing a benefit

that's already being received by millions of people. it's a very big financial deal. martha: if you live in a place where the federal government is your exchange because your state didn't sign up and you lose your subsidy that helps you pay for it then you say i can't afford it will you get fined? >> reporter: that's a good question. if you don't have health insurance you are subject by a fine imposed by the irs. if the subsidies are withdrawn and you can't afford coverage, what then? i can't answer your question. it's more of the chaos and confusion which surrounded obamacare since its inception. bill: we had paul ryan on. he has a plan to make sure the tax credit stay in play for those who need them.

you and i will have another day here in june. martha: a lot of people were surprised by his decision in the first live or die decision in the supreme court. now he has another try at that. we'll see how he read this case. it will be fascinating. bill: hillary clinton speaking at an event last night. new questions emerge about her use of a private email account as secretary of state. the head of the select committee on benghazi trey gowdy had plenty to say earlier in the afternoon. >> the state department cannot certify they have produced all of secretary clinton's emails because they don't have all of secretary clintons email nor do

they control access to them. you don't need a law degree to understand how troubling this is. bill: cries stirewalt editor of "digital politics." the email was set up prior to her confirmation hearing. why would that be significant? >> because it's premeditated. her campaign used the excuse, other people use private email. but do other people use a private email account created specifically for them that associated press traces back to what associated press calls a home brew server at their home in new york. so this is full premeditation. this is an effort to evade and avoid scrutiny and credibility

and it makes it very different. bill: her campaign says she's in compliance. >> at the very best what her campaign is able to say is she is not in the violation of a law. that she'll not have to plead guilty like david petraeus did for mishandling public information. but in the court of public opinion this is a disaster for a candidate candidate who is already under scrutiny for having taken contributions to foreign governments lobbying the united states which is a big no-no which she already did and she's going to a fundraiser for that same foundation. bill: the new york times had the story first. right? >> yes. bill: how is the rest of the media treating this? >> among admirers there is

bewilderment how she could be so bad pat running for president again. the orer component is those who wonder if she can really do this. if the disaster of her "we were broke" comments compounded by the secrecy and avoidance of accountability with this email scandal which was intentional. if all of these things are true, can this person really go the distance and deliver a third democratic term in the white house? that's becoming a very open question. bill: in a moment we'll talk to jim jordan, anio congressman. does he believe hillary clinton knowingly evaded rules for government employees. martha: the fbi says it has taken a suspect into custody in relation to a string of

shootings around maryland. it damaged a building and did not cause any injuries. it's a string of incidents with shots fired at a walmart and near a movie theater. police have yet to the release any information so far on the suspect's identity. bill: the former head of the cia general david petraeus cut a deal after giving classified information to his mistress. martha: take a look at that slip and slide. we'll tell you about the next storm, folks. we'll get you ready for it and tell you where it's headed. that plus this. bill: it was a rock star welcome israel's prime minister.

what benjamin netanyahu had to say about a potential nuclear deal with iran. >> the greatest danger facing our world is the marriage of militant islam with news jar weapons. to defeat isis and let iran get nuclear weapons would be to win the battle but lose the war. we can't let that happen.

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martha: david petraeus strike a plea deal. the prosecutor will have for two years probation and no jail time. he's accused of leaking classified information to his former mysteries paula broodwell. >> the iranian regime is as bad as ever. the battle to defeat isis and let iran get nuclear weapons would be to win the battle and lose the war. the days when the jewish people remain passive in the face of

genocidal enemies those days are over. even if israel has to stand alone, israel will stand. but i know israel does not stand alone. i know that america stands with israel. i know you stand with israel. bill: benjamin netanyahu given more than a dozen standing ovations. now that the controversial speech is over. what now with iran and its nuclear program. how are you sir welcome back to "america's newsroom." you say that speech reinforced your view. how? >> we have been hearing rumors of what's coming out of this rawb deal. by the way the administration has not come out and said what theythey are negotiating.

and we haven't heard anything. so when benjamin netanyahu came and said this is what's on the table. in 10 years this agreement with sunset. he says we go from no centrifuges to 500 now they are saying 6,500 centrifuges. i have a hard time seeing what iran is giving up. i see a lot of what the united states is gig up in this deal. i have to look back 20 years to what happened in north korea and now we hear in five years they will have 100 nuclear weapons. benjamin netanyahu was very powerful and i understand it offended the president because he's not used to taking strong stands against foreign enemies. bill: he says the chance of a deal are 50-50. but what does congress do now now that you hosted the israeli prime minister and he said we

wanted to say. >> i think the chance of a deal is close to 100%. i think president obama is determined to get a deal no matter how the deal plays out. so what is the situation with congress now? i think we heard a strong prime minister take a strong stand and make it clear that israel not that far a stone's throw away from iran, will defend itself with all necessary means. i think there is probably a veto-proof majority in the senate and the house to override any bad deal or three implement sanctions if no deal happens. the president would be wise to understand that. the american people and congress are on the side of israel. bill: here is part of what the president said in reaction to netanyahu. ago on the core issue which is

how we prevent iran from obtaining a nuclear weapon which would make it far more dangerous and would give it scope for even greater action in the region, the prime minister didn't you have a any viable alternatives. bill: on that last point viable alternatives. is he right about that? >> the prime minister had 40 minutes to address congress. and it took 40 minutes to explain why this is not viable for congress. when we said we would negotiate with iran. we should have said you are not going have a nuclear weapon, you are dismantling your centrifuges. the sanctions are going get tighter, you call us when you are ready to negotiate.

then we get no centrifuges and no hidden nuclear weapons. the president is very thin skinned, he takes this personally and i'm not surprised by his reactions. i think it was a powerful speech. bill: no regrets on the prime minister? you are making the case he advanced the issue. >> i hope the prime minister has no regrets. i mean, it's been six years since we have heard a strong statement like this from the floor of the house of representatives. it talks about american strength israeli strength and stability in the middle east. bill: 0 days away from that deadline. and the talks ongoing in switzerland. here is martha. martha: the oval office turned its back on the israeli prime minister by not showing up. they were joined by many

democrats. coming up we'll talk to steve israel. he was there at the speech yesterday. we'll get his take. and a jet with more than 200 people on board skidded off the runway. the foggy conditions that led to that accident. plus this. bill: that was the scene nearly two years ago in boston. this morning opening statements in the trial of dzhokhar tsarnaev will begin. photos are great for capturing your world. and now they can transform it. with the new angie's list app, you can get projects done in a snap. take a photo of your project or just tell us what you need done and angie's list will find a top rated provider to do the job. the angie's list app is the simple,

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bill: old man winter dishing out another serving of ice and snow.

a new system hitting millions in the midwest and the northeast. back in chicago icy roads had drivers hanging on for safety. >> it's been pretty rough. it rattled and people were sliding all over the place. we could be seeing more in the next couple days. it ain't over yet. forecasters say heavy snowfall, potentially record-low temperatures through to the mid-atlantic region. some lawyers are giving opening statements in the trial of boston bombing suspect dzhokhar tsarnaev. the proceedings are about to get underway after two years of the attack that left 260 people injured and others dead.

the prosecution says tamerlan tsarnaev was the mastermind. survivors arriving at the courthouse in boston. molly line is there. >> reporter: there are repeated efforts to get this trial moved out of boston. we are expecting opening statements to get started soon. court was expected to begin at 9:00. we are getting word that dzhokhar tsarnaev has final entered the courtroom. this was all delayed not just because of the complicated matter of this case but also because of this horrible winter we have had. a number of victims answer survivors are present in court today. tsarnaev is accused of conspiring with his older brother tamerlan to place two

bombs at the finish line. the explosion killed three. injuring more than 260 people then later it's alleged the brothers ambushed and murder an m.i.t. police officer. martin richards brother is here. and one of the heroes that sprang into help in the aftermath. of the 30 charges tsarnaev is facing 17 faced the possibility of the death penalty. martha: there is a lot here obviously. how long do they think this is going go on? >> reporter: it could be long commitment for these jurors. 12 jurors answer 6 alternates. the initial phase of the trial is expected to last 3-4 months. if convicted there will be a followup penalty phase and that

could be an additional 3-4 months with the same jury. march rirts's one the city of boston want to see through to the end. bill: a key offensive to take a city out of isis' hands is underway. there are reports isis is pushing back as the u.s.-led coalition sits on the sidelines. martha: some democrats with harsh reactions to benjamin netanyahu's speech. she called the whole thing an insult. we'll speak too one of the democrats who weren't to that speech. >> i thought it would be political theater and indeed it was political theater war think

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bill: heavy fighting against isis terrorists brings heavy fighting in central iraq. this is baghdad. iraqi soldiers firing machine guns as they try to take some of the villages in the city back. but the u.s.-led coalition that had provided air support in the past is not part of this battle. the pentagon saying it was aware of the offensive but was not asked to help. >> we urge the leaders of the world not to repeat the mistakes of the past. [applause] not to sacrifice the future for

the present. not to ignore aggression in the homes of gaining an i will an illusive peace. march report israeli prime minister repeatedly bringing u.s. law make torsion their feet in a joint meetings of congress yesterday. but there was mixed reaction from democrats. dozens didn't go to the speech at all. several others blasted the address as soon as it ended. congressman, good to have you here today welcome. we just referred those who were quite critical after the speech, some of your colleagues. i want to show you nancy pelosi's statement.

she says if one values the israeli-u.s. relationship, i was saddened to the insult to the intelligence of the united states. >> prime minister netanyahu basically said the only acceptable deal was a perfect deal or ideal deal. it's like the child who says i want to go to disneyland every day, eat ice cream and drink coca-cola every day and not go to school. that would and nice life for a child. martha: what else your reaction to the insult to american intelligence statement from nancy pelosi. >> every remember of congress reflects his or her personal views and the sent i ams of their constituents back home. i always lead on the right of security issues.

and what counts is not what we say in response to a speech or how we vote. bibi netanyahu said whenever israel has been in trouble both parties have been there. virtually every democrat voted to give israel an addition ago $250 million for iron dome when the missiles flew from gaza. every democrat will support increased funding for programs to protect israel from missiles from iran and elsewhere. so on that citewall cal military and intel support we are there and never wafered. wave -- never wacered. i have been sceptical of these negotiations and have said over

and over having been to many briefings. if the deal as it exists today were presented to me, i would vote against the deal. i agree with bibi netanyahu no deal is better than a bad deal, president obama said that and i continue to be sceptical. martha: we have our allies in the region who look ascans at any negotiation with iran who is their enemy. i think they look at this situation and say what's going on there. you have to believe the supreme leader of iran watched this whole thing play out and thought this is pretty good for us. >> i have met with many of those arab leaders. i get impatient with them because they want to sit back and let israel and the united states solve this problem. and they would be the first ones to rush to the u.s. security council to condemn israel. their opinion of these negotiations doesn't carry a lot

of water with me. i do agree the biggest threat of a nuclear capable iran is its neighbors. if i were them i would be nervous about a deal that allows iran to continue to have a capability. >> reporter: are you concerned the president is giving away too much with this deal? i know we don't know the exact details of this deal. but netanyahu said yesterday, i thought he made some concessions and opened some doors to agreements he would be comfortable with. you have to have markers in this deal so if iran is continuing to help terrorists all across the middle east, then the deal is off. the deal ends. do you think there will and hard and fast sort of break noinlt this deal that will be enforceable? >> i agree with prime minister netanyahu on this. if will is going to be a deal, the deal has to off when iran continues to export terrorism

fund hezbollah and add to the hezbollah rocket inventory. there needs to be a change of behavior and not just and agreement on enrichment. martha: nancy pelosi watched the speech and she said it was an insult to our intelligence, to american intelligence. what is she talking about? >> the optics of the speech are irrelevant. i do think the speech was overly politicized. speaker boehner did engineer this. everybody knows he engineered this to get the headlines that are appearing. martha: the white house could have diffused that optic very quickly. they could have said we don't like the way you went about this but they didn't go that route. >> the speaker invited the

amendment, decided not to consult with the president. but we have to get beyond this. this is not inviting the uncle you don't like to a wedding. this is the security of the world. we have to get beyond the optics and the drama and get to the substance of this deal. the optics have replaced the substance. >> reporter: what will congress push for in terms of their own role to be played in this process so the white house can't dictate the terms of this without you guys having anything to say about it. >> the initial terms of the deal are supposed to be presented later in march. a resolution would give congress time to analyze the deal and see if we are going impose additional sanctions. i think that's the way to go. bill: the big board is down on

wall street. private sector job creation was less than expected last month. the nasdaq flirting with the 19,000 mark. we'll let you know how things wind up. police launching raid across southern california making mass arrests in what they are calling citizenship for sale. we'll explain what's going on here. martha: hillary clinton avoiding the issue of her private people accounts. we'll peak to a congressman who is on a select committee on benghazi at the heart of where this was all uncovered. >> reporter: the state department neglected to mention this fact until specifically asked about it re cently. the fact is the state department

cannot certify they produced all of secretary clinton's emails because they don't have all of former secretary clinton's emails. they're all competing with each other; they're all making very low margins making enough to survive but not enough to get out of poverty. so kickstart designs low cost irrigation pumps enabling them to grow high value crops throughout the year so you can make a lot of money. it's all very well to have a whole lot of small innovations but unless we can scale it up enough to where we are talking about millions of farmers, we're not going to solve their biggest challenge. this is precisely where the kind of finance that citi is giving us is enabling us to scale up on a much more rapid pace. when we talk to the farmers and ask them what's the most important thing. first of all they say we can feed our families. secondly, we can send our children to school. it's really that first step that allows them to get out of poverty and most importantly have money left over to plan for the future they want.

martha: a deal was struck in the 11th hour to keep the department of homeland security funded for a full year. hard line conservatives not happy with their leadership on this one. jeh johnson thanking congress for its bipartisan efforts. now that's left now is for a bill to head to the president's desk and it's expected to be signed. bill: hillary clinton did not respond to reports that she used a private email address not a government address while she was secretary of state. why does this matter in the end? john sununu says this could come back to haunt her. >> i'm surprised. i had always given hillary

clinton credit for being smarter than this. this is not very smart. she had to know she had an agenda to run for president and she had to know this issue of transparency was part of the criticism that candidates and officials get. bill: ohio congressman jim jordan is on the select committee. what do you think was going on here? >> it looks like she was trying to make sure this wasn't transparent and she could hide what she was communicating with whomever she was communicating with and i think there is a potential this is a violation of the records act and we'll look into that. and i think what chairman gowdy said yesterday. we may need ms. clinton to come more than once to explain the emails question. bill: can't you simply subpoena

the emails? they have to be on a server somewhere, right? >> you go to the server provider and subpoena them and get them there. we have done some of that before. we tried that route with the irs and the oversight committee. bill: is it that easy though. with the irs thing it seemed like you are jumping through hoops. >> when you are dealing with this administration nothing is happy. in this case the state department can't give was they don't have. i understand that. but there are lots of other documents we try to get from them that we still haven't. but this is the norm for this administration. so whatever route we have to. bill: october 2011. savannah guthrie interviewing

hillary clinton. and she asked her what were her tend den is to communicate electronically. >> how many people have your personal email address? do you use your blackberry a lot? >> for someone in my generation i'm okay. i have a lot of security restraints andnd can't do. but i do try to stay in touch as much as possible and electronically is by far the easiest way to do that. bill: the key phrase is "i have a lot of security restraints." >> all the more reason to use the most secure system you can. so you are exactly right. i think that is -- when you are secretary of state you want secure communications. that's why you are supposed to use the state department

communications vehicle. and frankly for transparency reasons and to comply with i believe the records act she should have been doing it that way as well. >> reporter: josh ernest said when there are situations where personal email accounts are used it's important for those records to be preserved consistent with the federal records act. do we know if that happened or not? >> we don't. she is in possession, her and her counsel. we can't let them be the arbiters and deciders of what we need. we need to decide what is important for the families of those killed in benghazi so we can get to the truth. and that includes hillary clinton's emails. bill: apawrnltly the associated press is reporting her email was

traced back to an internet service registered to her home in chappaqua new york. you have to think as an acting secretary of state this could be valuable information. communicated by way of email. where does this lead? where does this take us? >> we don't know, that's why we need the information. so look, four americans were killed. ambassador stevens sean smith their families want the truth. they need to turn them over to us and we need to subpoena them and go get them. whatever it is we need that information. bill: was she just sloppily and irresponsible or do you -- was she just shoppy and -- sloppy and irresponsible or was there something else at work here? >> i think it was wrong and more importantly and most importantly that's why we need the

information to find out what took place and why four americans lost their lives in benghazi. martha: a dramatic rescue as firefighters respond to a woman stuck in a burning building. a big crackdown out west for citizenship for sale. people paying big bucks to take a vacation in the united states, coming here to have a baby, that's what they are really doing. we'll explain. right? wrong. because you're not you you're a cancer hospital and your daughter... she's a team of leading researchers... and that brilliant idea is a breakthrough in patient treatment that could save thousands of lives. which means you need a diverse team of advisors helping you. from research data analytics all the way to transformation of clinical care. so you call pwc.

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to use the slide to exit a plane. the plane left sitting on its nose after sliding off the runway. thankfully none of the 238 people on board with us seriously hurt. martha: authorities are conducting 20 raid across southern california. they targeted so-called birth tourism. that's when people from other countries pay as much as $80,000 to come to the united states to have their baby here in the united states so the child will be an american citizen. >> reporter: that is why federal agents raided this apartment building yesterday as well as theoers looking for evidence to prove their point against these companies that advertise on the internet. they are offering coaching to people how to lie to obtain and

u.s. visa. how to dress to conceal the pregnancy and in return the baby will get a u.s. pass wort, birth certificate and social security number and a ticket to universities at reduces prices and the parents gets a legal rest didn't permit. >> it's perfectly legal to have a child in the united states. what is illegal is to lie about your reasons to come to the united states. >> reporter: this operation 400 women in two years include something chinese government officials who are looking for better opportunities for their kids and a better quality of life for themselves. martha: who runs these businesses? >> chinese nationals.

they entered into sham marriages and paid off the american sirtd seasons to get lost once they got their green cards. one man reports $90,000 a month in income. they would advertise over seas and get them into local hospitals. once they got to the hospital, they claimed after i indigent status sticking u.s. taxpayers with the bill. >> citizenship for sale. something americans hold dear and children is being essentially purchased. >> reporter: one woman hit us up for $24,000 while she went shopping for louis vitton and rolex watches.

the supreme court will center a major part of the obamacare law on subsidies. this is a test bill: good morning. fox news alert. jordan pounding isis terrorists. 56 airstrikes targeting dozens of hideouts as a top u.s. military official says iraqi ground troops are getting ready to march. what happens then, if it does. fresh new week at america's newsroom. hope you had a good weekend at home. martha: this latest offensive for jordan comes after isis saying taken american air raid was responsible for killing kayla mueller. >> we need to monitor those who have gotten through the gate. we don't want to see what happened in paris happen near the united states. bill: conor powell leads or coverage from amman, jordan. how effective have the airstrikes been, connor? >> reporter: overtakennian officials -- jordanian officials want 20% of all the coalition airstrikes against isis the u.s. and its pilots are flying more than half of those. how effective those air strikes are, it's a tough question to answer. the coalition says they don't have particularly effective intelligence on the ground. what we are seeing is where these airstrikes back up ground troops, particularly in iraq where there are kurdish fighters and shiia muslims. isis does appear to be losing grounds in iraq. iraqi officials said they need more help, more weapons and more supplies. the current sort of structure of this overall offensive is just simply not good enough right now. twhriel is some effective parts of much this policy and plan in place. it isn't effective enough according to iraq why it and coalition officials. >> would syria even accept foreign fighters to help defeat is there are this country? >> so syria's foreign minister

said they criticized jordan for tear strikes in syria. they say they don't want foreign troops or the foreign coalition helping them. there is a lot of criticism because of this. but they need this and help this. nobody fist fighting isis in syria. so for the assad government his is more posturing than anythin troops is a totally different matter. foreign fight materials on the ground are primarily all isis. whether you can bring in jordanian troops would only cause more bombs there. but at least for right now syrian officials are saying they don't want any foreign help to fight isis. bill: conor powell leading four coverage in amman, jordan. martha: this is weighing heavily on kayla mueller, the international d e

>> obamacare facing a critical test as the highest court in the land hears the latest challenge for the affordable care act. it could mean millions lose their health care. good morning. i am martha maccallum. >> and i am bill hemmer. oral arguments begin on president obama's signature health care law. it all boils down to four words in the law -- "an exchange that is established by the state" that is how it is written. >> whoops. the chief council of the american center for law and

justice joins us now. it is really remarkable when you think about this bill thousands of pages long and not read by most members of congress, and then you have a lawyer reading in and it says you have to be part of an exchange that was was " was "established by your" and what if your state doesn't have one? >> the answer is if you don't have a state exchange you don't. nancy pelosi said we have to pass the law to know what is in it. now they have passed it we know what it is in and they are trying to have the irs rewrite this standard. this is what the separation of powers was designed to invent and that is changing the law through the president.

the law clearly says state exchangers. the main architect of the bill says this was the way to get the states setup for the exchange. now they have a fundamental flaw in the law and are trying to get the supreme court to say that is a mistake mix it for us. >> if you are state opted out then you had to go to the federally run exchange and this question says if you went to that federally run exchange then you are not entitled to any sub subsidy and now millions are looking at the possibility of not getting the money and then not able to buy the health insurance and then are they going to get fined? >> they are talking about edge

legislation that will be introduced by the house and senate so they are not penalized for the mistake. senator hatch has an idea and paul ryan is on the other end in the house of representatives. ut but who gives the president or the authorities the right to change the law because they didn't read it before it passed. there is republicans in the house and senate saying they will put a legislative fix on this. but i suspect that fix is going to include changes as it should, within the way the system operates. you take the subsidies away and no body can afford this health care insurance and you are

talking of 15-20 percent of the u.s. economy. the president and the administration made a giant error and the supreme court is going to look at this. i am trusting even there i have litigated cases for three decades but it is hard to say how it will turn out. >> everyone is watching chief robertson. there is a lot of talk about how it came down when he had his first crack. this decision comes down in june so we have a few months of this. always good to see you, jay. the irs is reportedly holding up payments while they wait for proper documentation from the state that you got the

correct tax cut. a lot of people are closing saddle here. a pair of hearing underway with the house arguments service committee examining the u.s. policy in afghanistan and ash carter and general dempsey are warning americans about the state of the military budget. peter boast is watching both. secretary carter was on had hill calling out pentagon colleagues about what yesterday? >> he is not happy somebody spilled the beans and told the world the specifics of the plan to take isis out of mosul in iraq in april or may especially because secretary carter says the details were not right. >> that was not either accurate information or had it been accurate it should not have been blurted out to the public.

>> reporter: and there is an investigation of why someone at the company thought it was helpful to outline this plan. republican senators john mccain and lindsay graham complained talking to reporters like that could cost lives and wrote those responsible jeopardized our national risk and must be held responsible. secretary carter doesn't want plans getting out but would like the dod open about the sensitive material. >> what do you expect to hear from secretary carter this morning? >> this week he is sounding on alarm that if the funding is anything less than the president is requesting then defense strategy might not be executeds as well. and research on new weapons will be shelled if they stall the

budget. we will hear from him any minute along with general dempsey. this is a big development in the battle against isis because the pentagon is standing on the sidelines as iraqi troops are fighting isis alongside shiite militia backed by iran. iraq's military released this video to show everybody what it looks like. elite combat from iran playing a key role and we are are out of it. john huty is live. explain what is going on. >> iran is involved on a combat and operational along with the shiite militia. by the way, iran revolution

guard is working alongside the iraqi troops on the surveillance operation and artillery strikes and there are reports the revolutionary guards top commander, has been working with iraqi generals as well in the field on command and opationaerational level. the iraqi forces are surrounding tucrete in an effort to field isis militants off as they continue to push and move in on the town. >> you have the eventually fight for mosul as well when has been much discussed. why is this so important in this secret of events? >> location. it is strategically located

hundred miles north of baghdad and if the iraqi forces retook this area it would push isis forces to the north. and last week we talked about the fight is continuing for an right between this area and baghdad so you have two strategically located cities for the fights. >> it brings your mind to yesterday's speech. and the enemy of your enemy is sometimes your enemy. so we have iran fighting against isis and that is an interesting battle to watch out and who is helping to lead it. thank you, john. and benjamin netanyahu saying the iran deal taking

shape as reported would be a disaster. >> iran is busy doubling up the nation. we must all work together to stop iran's terror. lieutenant colonel ralph peters is here to react on this. and the former head of the cia pled guilty to giving classified documents to his girlfriend but does the punishment fit the crime? and fire crews trying to rescue a daughter and mother from their burning bill. >> who is inside? >> me and my daughter. am i going to die?

doppavid petraeus petraeus

>> a nasty crash in washington state nearly took each other out. one ended up in a homeowner's lawn. the owner said it sounded like a fire. >> i saw it coming through the window. i grabbed him and dove to the other side of the house to get out of the way. >> a tree in the front yard saved the home. one of the drivers injured but

it is said to be non-life threatening. >> isis is competing for the crown of islam. one calls themselves the islamic republican one the islamic state. when it comes to iran and isis the enemy of your enemy is your enemy. >> that got a big response yesterday because it is a central point to the the whole discussion. israeli prime minister got a big applause telling americans there is no difference between the goals of isis terrorist and the goals of the iranian regime and a nuclear deal with iran would threaten israel's survival and

world security. ralph peters is here. what did you think of the response? >> i thought it was sad the american people have to hear the truth from the islamic prime minister and our own president won't call it islamic terrorism. there is no question the vicious democratic reaction to the speech was because benjamin netanyahu told the truth and obama has not. the prime minister called him out. and this is a president who still has levelled with the american people about why he is doing the deal what the deal contains -- the iranian nuclear deal -- and what the threat is and it is not. i thought benjamin netanyahu's

speech was needed honest inspiring, and democrats in response, including the president acted like bitchy high school girls >> their reaction was quite strong. it does raise the question of why. if you feel a deal is necessary, they feel a deal they are working on will make the world a safer place. but if benjamin netanyahu wants to speak this mind in front of congress as well what do they have to fear in that? if they feel so strongly they are in the right the administration and the democrats who were so incensed, why not let him speak his peace? >> because liars fear the truth. >> what are they lying about in your opinion? >> they are hiding the facts to the american people. when the president will not call islamic terrorism islamic

terrorism, when the president is desperate for a legacy deal with iran he is compromising concession after concession and obama ignores the aggression on the part of iran in iraq, syria, lebanon -- obama desperately wants a legacy. iran wants nuclear weapons and an empire chattyand that is what obama's legacy is going to be. >> if you are making a legacy choice the option could be to side it israel and saudi arabia and yemen and qutar and egypt and the people speaking out for a more just form of islam that

could replace the violence we are seeing there. potentially you could be on that side. why is the president choosing to negotiate with iran and doing nothing to tick them off when it comes to our actions in iraq and syria? >> because this is a president who can never never, admit he is wrong about anything. he came to office with the idea his charm would win over iran. this state that has funded terror around the world for almost four decades, our pursuing nuclear weapons and not for peaceful purposes. obama cannot back down. he insist the struggle is not about islam at all. you have shiite iran and islamic state sunnis in a struggle over

the middle east and much of the world's oil supply. and obama seems in capable of recognizing the power and scope of the struggle. and the fact it is about radical islam and different visions. and in the middle of all of this innocent people of all stripes sunni shiite christian various minorities, are being slaughtered and the president's sole focus seems to be the legacy deal with iran and the sun set closet benjamin netanyahu highlighted is critical. martha, i believe the president and his administration, rice, jerrett, kerry they have accepted iran is going to get nuclear weapons ithey just want

an interval so they can be right. hilary clinton is responding to reports of only using a private e-mail address during secretary of state. how could this affect a potential run for the white house? looking at the fall out on both sides in a moment. and now the death of buddy holly ritchie val ns and the big bopper could be getting a new look from investigators. photos are great for capturing your world. and now they can transform it. with the new angie's list app, you can get projects done in a snap. take a photo of your project or just tell us what you need done and angie's list will find a top rated provider to do the job. the angie's list app is the simple, new way to get work done on your schedule. the app makes it easy, the power of angie's list makes it work. call, click or download the app for free today.

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sglf how about this? edward snowden might be coming home. he has been held up in russia

since 2013 and now there is an international effort to get him back home on to u.s. soil. >> he absolutely can and should return to the united states to face the justice system that will be fair to him. >> his attorney says he will only return to the united states if given a fair trial. he could be charged with treason if he returns which is punishable by death. justice department of accusing ferguson police department department of engaging in racial bias routinely. gary is live in the chicago bureau. what else do we know? -- garret -- >> the justice department accuses police officers of re

routinely violating the rights of african-americans. the six month investigation found that despite 2/3rd of population is african-americans they made up an unfair number of arrests. the report highlights the widespread bias with e-mails sent from officials accounts including one after the election saying president obama will not be president for very long because "what black man holds a steady job for four years". >> when you actually see the jokes and statements it makes you say they have been laughing at this community, they have been laughing at the people in this community for a very long time. >> we need to change training, assessment, and the way in which

we interact with citizens. >> the justice department's full report is expected to be released this afternoon. >> now the report is going to be public what is next for the city of ferguson? >> in this report the justice department will lay out what the problems are and demand they are fixed. that happens with city leaders and doj official reaching a settlement in which the city agrees to changes and having a monitor to oversee the process. if they don't agree, the justice department sues on charges of violating the constitution. local officials tell ush they are reviewing the report and hold a press conference once is officially released which should be this afternoon. a guilty plea from the former head of the cia. david petraeus has settled on a deal after allegedly sharing

classified information or leaving the classified information unlocked in his resident is the charge he aseeded to. and would you use a pit bull like this as a baby sitter? his name is hawk. he weighs 175 pounds. why his family says he is a good baby sitter. >> look at the kiss on the face! ♪ hi, tom. hey, how's the college visit? you remembered. it's good. does it make the short list? you remembered that too. yea, i'm afraid so. knowing our clients personally is what we do. it's okay. this is what we've been planning for. thanks, bye. and with over 13,000 financial advisors we do it a lot. it's why edward jones is the big company that doesn't act that way.

martha: let's look at some of top stories. supreme court hearing oral arguments in the lawsuit over obamacare. as many as nine million people might lose the obamacare coverage they thought they now had. and the f.b.i. has one person in custody in connection with a series of shootings along the highways in the nation's

capital including one at the n.s.a. and guess what? there's more snow. more snow in the forecast. it's the winter that just won't end. arctic temperatures dipping as far south as texas all the way across the south, from the mid atlantic to new england too. full half of country. >> the charge that general petraeus pled to was related to the improper handling of classified information. the president believes that it was appropriate for general petraeus to take responsibility for his actions. bill: and taking responsibility means that david petraeus will pay $40,000 fine for giving his mistress, paula broadwell access to books of highly classified information from his time in afghanistan. phillip is a criminal defense attorney, former jag lawyer. patrick is a criminal defense lawyer and former jag attorney as well. good morning to both of you

phillip and patrick. >> good morning. bill: the judge informs us this. petraeus agreed to plead guilty to improper story which is a misdemeanor. he was not charged with improper distribution of documents to his mistress which would have been a felony. phillip, start. was this the right charge or did the government overreach? >> well, what i think that it demonstrates is there's a double standard when it comes to very high ranking members of our national security infrastructure infrastructure. the sitting director of the c.i.a. just two months ago in january, you know, they were talking about petraeus being charged with felonies and petraeus indicating he wasn't interested in plea deals but now we see a slap on the wrist. you know as a guy named steven kim who served 13 months in federal prison for simply discussing a rather benign but otherwise classified document with james rosen so what message

are we sending here when the sitting director of the c.i.a. can give willingly documents to his mistress and get literally a slap on the wrist even after lying to federal agents? bill: now patrick, what do you think? did the government overreach? >> not at all. i agree with phillip. i defend a lot of military service members these days and including a lot of cases involve classified material. i would never never see a junior officer or a listed man or woman receive the kind of plea deal that general petraeus received and let's be clear. he did pass classified information to paula broadwell when she didn't have the need to know. she had the security clearance as an army reserve officer but she did not have a need to know that information. and he took it home which is a grave breach much worse than what mr. kim did. i will tell you, today still, general petraeus is working for new york brokerage. there's a different standard for

the top echelon leadership in our country and they're setting a horrible example. bill: phillip said the bigger you are the softer you fall. now you look at hillary clinton's emails. she had a line back to her home in new york where the email was registered. and you have to think, gentlemen, that over her time as secretary of state she was talking about information that is largely classified according to u.s. government. what about that? >> if sku me about that, i don't think you'll see her in court. >> it goes back to what i said. there has to be some sort of uniformity in the way that these cases are investigated the way the laws are applied and the way people are prosecuted. i don't necessarily think that petraeus needs to go to jail because i think that what happened was relatively innocuous and as a criminal defense attorney, i can see making the case for probation with petraeus. what i can't see is some lower level officials such as mr. kim

that i mentioned earlier getting the slap on the wrist. you've got sandy berger for president clinton literally walking out of the national archives with classified material and he gets the same slap on the wrist. so what we need is some uniformity in the way that these cases are investigated and prosecuted. bill: i believe that was doc in his socks. patrick you were about to say something. >> no. absolutely. first of all, i don't think secretary clinton will see the inside of a courtroom. second, i don't see what general petraeus having done any different than those who i represented to classified still archived material that you could read on the "new york times" or listen to on fox news being marked as secret or confidential, they're prosecuted for it. so our problem is double standard. is the problem is our leaders are saying, do as i say, not as

i do. bill: this is from the screen now, the acts taken by the defendant were not committed by mistake accident or innocent reason. is this the end of it phillip? >> for petraeus it is the end of it. those of us who have had security clearances when we were in training, it was pounded into our heads that if you violate these laws, you're going to go to jail. and you're going to go to jail for a very long time so it literally put the fear of god in you so you wouldn't do things like what petraeus is now admitting that he's done. so no this is not the end of the overall discussion because what we have to see is a national discussion on how we uniformly apply and prosecute these cases. bill: thank you. gentlemen, i appreciate your time. >> thank you. good day. martha: massive effort underway to contain a series of wildfires that are tearing through the outskirts of one of south

africa's latest cities in cape town. paul joins us live over the phone from johannesburg. what can you tell us about these fires? >> well martha, fires around cape town are so bad they can clearly be seen from space. sources say these are the worst wildfires cape town has ever experienced. tourists have had to be evacuated and many are wondering as six helicopters are on the table mountain and the forests surrounding, many homes are being burnt and five star luxury lodge has been raised to the ground. volunteers have joined the exhausted professional firefighters many of whom have been putting in double shifts to try to save people's homes. over 50 residents of an old age home had to be treated for smoke inhalation. the fires that are now 15 of them, are thought to have been started by discarded cigarette on the indian ocean side of the peninsula which cape town straddles. with day side temperatures up to 107 degrees, reportedly making cape town the hottest place in

the world this week, the fires quickly jumped the back of the mountain and specially constructed fire breaks right to the atlantic oceanside. now the fires were effectively forming a barrier from one ocean to the other. occasionally engulfing the only two roads giving access to the rest of the peninsula. that's blocking off cape point, the tourist hot spot known as the end of africa. there's a problem here too, as a new wildfire has gone out of control at cape point in the past few hours. nobel peace prize winner has put a public prayer up on his website praying for the people of cape town and the firefighters and lillian bali said she doesn't know if cape town can ever recover from this. it looks like the aftermath from a war zone, she says, martha. martha: unbelievable. it's such a beautiful area and our hearts go out to them and obviously they're making their greatest efforts they can to get this fire under control.

thank you very much for that report. thank you. bill: 20 minutes before the hour. ugly new details about hillary clinton's email use at the state department. could this controversy now kill any potential presidential campaign? at least one former democratic manager campaign manager says yes. our panel will debate that. martha: a would-be thief learns the hard way that karma is not always kind.

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getting another book. ntsb considering kwa to open that case. original investigation blamed the crash on pilot error and poor weather conditions. new petition wants the ntsb to consider possible problems with the plane's rudder pedals. 21-year-old pilot died in that crash along with holly and richie and the big bopper. martha: hillary clinton completely avoiding the email controversy at an event she spoke with last night as new details continue to emerge as use of a private email account during her time as secretary of state but will the likely presidential candidate be forced to respond to questions? at some point you would imagine she would. alan colmes is host of the alan colmes radio show and fox news contributor. brad blakeman is assistants to former president bush. the latest wrinkle in this is the emergence of the home run server that she had that is said

to be quite unusual for a member of the cabinet alan. >> certainly is. i don't know whether she broke any laws. "new york times" article was unclear about that and it appears that laws have been put in place after she became secretary of state but certainly doesn't look good from a political stond point. by the way colin powell said this morning, also used personal email addresses. not confusing it. i don't think it's a good idea especially if she knew she had further political ambitions but she has to come forward and explain what the thinking was and why if she gave 55,000 pages of email away or back to the government, are there more? what's her reasoning for having done that? i think she's got to explain it. martha: you worked in the white house prior to when hillary clinton was secretary of state so the whole email thing changed a lot the past 15 years. you would think now more than ever, you would have to be very cautious about making sure that you had everything very

transparent in this regard. >> look. absolutely. in 2001 i remember very clearly getting our briefing and we were told that all emails were to be captured official emails. we were to have a personal email account if we so choose with a private business entity and an official government email and never the two shall meet. we were also told that if we used private emails so private phones for official business we would be fired and clearly mrs. clinton now has a presumption that she was going around the law or at least going around the regulations in using private emails for official business. and it exposes all her private emails when she was a public official to scrutiny. so i don't know how she escapes this. all her emails now should be subject to oversight and certainly the congress is not going to let her escape this. she's going to have to account for it and i see another lois lerner situation where emails will be missing, servers not found and they'll try to

stonewall this and it's not going to work. martha: if she decides to run which looks like she's very interested in obviously there's going to be a lot of questions about security, about documents that she would have been privy to as secretary of state that may have floated across to that server. >> the problem she's going to have is those -- i mean how can she account for what we don't know? how can she prove that everything has been turned over given the fact she didn't have a simple government account? things were different 20 years ago. we live in a world now where much communication is by email, condoleeza rice did not use email very much at all but now we use it all the time. she has to come forward and explain her thinking about this. martha: look at this from the former press secretary. he said it's highly unusual. i think it's something they'll have to explain in good measure today and probably try to figure out how to get as many back as they can. my question is political. interesting to me that nobody is

running to hillary clinton's defense and it re reals something, does it not? >> it does and what it reveals is the clintons are above the law. they do things the way they want to do it. the rules don't apply to them and you can't defend the indefensible and here there's no reason why somebody would use a private email in a government job unless they were trying to hide it unless they were trying to prevent others from seeing their emails either now or in the future. when they say we're going to turn over what we want to turn over, it's not good enough when you're a public official. what if everybody in the state department during hillary clinton's tenure as the secretary of state used personal emails? what would happen to the record keeping and the oversight of what they're doing in our behalf? look. she works for the people. she doesn't work for herself. martha: that's a very good point you both made today. a lot of would-be democratic contenders are pricking up their

ears to this whole story. >> who are they? i can't find them. martha: we'll get that in the next segment. thanks a lot. >> thank you. bill: u.s. supreme court, the oral arguments continue for 10 more minutes regarding the subsidies as written in the law of the affordable care act. justice kennedy considered the swing vote now. apparently suggesting that throwing out the subsidies would unlawfully pressure states and cause insurance death spiral. but as he says that apparently according to some headlines right now, he said that challengers to the law may win anyway based on a reading on the subsidy law as it is written before u.s. liberal justices criticizing the challenge telling the lawyer the law must be read in context. justice kennedy voted with the minority in june of 2012 against the mandate. justice roberts voted with the liberal justices that day and voted to keep the law as it was

with the mandate surviving. which way kennedy goes perhaps leads us one way or another as the oral arguments continue for about 10 more minutes. shannon coming at the top of the hour. she'll be on with jon scott for "happening now." i want to bring in jon right now for a quick look at what's coming up then. jon: good morning to you, bill. it really is the big story of the day that could affect virtually every single american. the showdown at the supreme court. what is at stake? which way is the court leaning? live reports ahead plus in-depth analysis and as bill said shannon. plus the hillary clinton email story continues to grow. new a.p. reports says that mrs. clibtmrs. mrs. clinton kept her own email servers at her home during her time at the state department. what does it mean for her prospects in the 2016 race? we'll get into it. bill: meet hulk 175 pounds of

pit bull. knocking down all keendz of stereotypes about the breed. looks like a horse or a cow or both. martha: i wonder how much he eats every day.

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enjoy over wifi or on verizon wireless 4g lte. plus enjoy special savings when you purchase any new verizon wireless smartphone or tablet from comcast. visit comcast.com/wireless to learn more. bill: dramatic video released of a fire tearing through an apartment complex in california. watch here. that fire broke out in the early morning hours on valentine's day trapping a mother and daughter inside the apartment bathroom. how did the rescue come about? >> it was pretty extraordinary. when firefighters got there the apartment complex was en guchlgulfed in flames. the firefighters as quick as they could, got ladders up to

the bathroom window there where delores and her adult daughter tammy were stuck. they got tammy out first and then they got the ladder back up there the second the same firefighter went back up and got delores out, she is 67 years old, a couple of firefighters were honored at a council meeting. delores gave them a hug and said i love these guys. praise also for the 911 dispatcher who managed to keep a panic stricken tammy as calm as she possibly could. listen here. >> is it you and your mom? who else is inside? they're there. they're coming, okay? >> and we're all going to die. obviously they didn't and in other happy news neither did their dogs. the cops wheeled up that

dumpster there and they threw the two puppies out. everybody all happy and healthy, bill. bill: well done man. >> a frightening story. bill: indeed. that's the first responder right there. thank you. jonathan hunt live in los angeles. good ending. martha: breaking news from the supreme court where the legality of tax subsidies for obamacare is being challenged. we'll tell you what the judges are saying after this. it's a fact. kind of like mute buttons equal danger. ...that sound good? not being on this phone call sounds good. it's not muted. was that you jason? it was geoffrey! it was jason. it could've been brenda. how do i get hotel deals nobody else gets?... i know a guy. price-line ne-go-ti-a-tor! i know a guy in new york vegas, dallas. my competitors may know a guy, but i know over 60,000 guys. priceline.com

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the mar -- harmonica and the singing. bill: he may have a cameo here tomorrow. martha: he might be with us tomorrow. we look forward to that. see you later. jon: nothing like a great dog howling video. the supreme court hearing arguments today in a case that could impact millions of americans and potentially unravel obamacare. good morning to you. this is "happening now." jon: and the case boils down to whether americans who bought insurance on the federal marketplace are eligible for subsidies. challengers argue the law clearly says obl those who buy health insurance on exchanges set up by the state can get the subsidies. administration argues the intent of the law was to provide subsidies for all eligible