he biggest thing i've ever seen. 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 americans no matter where they

shop. if the court rules for the challengers millions of americans may no longer be able to afford their government health insurance. legal affairs reporter for the "wall street journal" and lead writer for the blog, he's the person to talk to about this. this ruling could potentially unravel obamacare as we know it. why? >> so it comes down to how the i.r.s. interpreted a provision of obamacare that says people who -- people can qualify for the subsidies enrolled in an exchange established by the state and so it comes down to those words. what does it mean for an exchange to be established by the state? in most states the exchanges are operated by the federal government and not the states so the question is, if those states where the federal government is the one who set up these exchanges, do people who enroll in these exchanges who are in

the states do they qualify for the subsidies? in some ways pretty simple question. what does the sentence mean? but it actually gets more complicated than that. jenna: what was the intent? and does that matter? >> interesting thing about this one is that there's not a lot of evidence as far as congressional intent at the time when they passed it. there was nobody on the floor saying, okay. this is exactly what we mean. and the language doesn't seem to be crystal clear in the broader scheme of the law. so you basically have a fight not just over this provision but over the rest of the law. if you interpret it this way, that only if you're enrolled in the exchange that's run by the state, do you qualify for subsidies? does that make sense in the broader construct of the law? and if there's enough doubt about that then the justices

are going to say well, i not for us to decide. it's up to the i.r.s. jenna: okay. then we would go down a completely different path. our viewers that might be watching could think, well wait a minute. the supreme court upheld this law several years ago. so why would they rule differently this time? do you think that's a real possibility that the supreme court upheld the law as it stood but now it's finding a different part of the law that it doesn't agree with and that fund meantly changes the law forever? >> so these are how the cases are similar. in both cases the fate of obamacare was at stake. last one, it was a constitutional issue. it was whether a provision the mandate violates the constitution. the commerce clause. and in this case it's not about the constitution. it's about whether the i.r.s. properly interpreted the law.

it's a -- i guess in that respect, it's a different -- looking at it through a different legal lens but the stakes are basically the same. jenna: it's very interesting. the arguments are actually happening right now. associated press is describing it somehow split, not really seeing any indication one way or the other. let me ask you about the people involved in this. if i'm a person that got my health care through an exchange that was run by the federal government and i got a subsidy so i could afford my health care then what happens if the supreme court says that wasn't fair or legal? does this mean that i have to pay back the subsidy? what happens to the americans? >> it means they no longer qualify for subsidies and most of them estimated between 5.5 and as high as eight billion or more people are probably going to lose their coverage. but that's not definitely the end of the story. then the question becomes, what

is congress going to do about it? they can fix it by passing a law that redefines you know, what it means, what it means to qualify for this exchange and then the question becomes, okay. if they fix it and the number of republicans have said they're considering a temporary extension, then the question becomes what may they ask in return and at this point, it doesn't seem like they can ask for a whole lot because obama -- president obama would likely veto such a bill and so it could come down to another negotiation. jenna: then we could be in it for that. just quickly before i let you go do you have any sort of gut feeling which way the supreme court will rule on this? >> i'll make a bold prediction by saying there's a 50% chance of a 5-4 ruling either way. jenna: there we go. fair point, jacob. i know you're a journalist and you cover this very closely. we'll rely on your expertise.

thank you for coming on. jon: breaking news now. secretary of state john kerry is heading to saudi arabia in the wake of growing tension over an emerging nuclear deal with iran. he's travelling from the nuclear talks in switzerland to try to ease any concerns on the part of iran's sunni rival. he will meet with saudi arabia's new leader king solomon and with other gulf state foreign ministers. national security correspondent joins us live from the pentagon with more on that. >> secretary of state john kerry is on route to riyadh to reassure the saudis who are sunni and in particular the new saudi king king solomon that the nuclear deal being negotiated by the u.s. and the p 5 in geneva will be good for the region of the this is going to be a hard sell to the saudis who kerry needs as part of the anti-isis coalition in iraq. saudis are terrified that iran is playing the west and will get a nuclear bomb. this will set off a nuclear arms

race among sunni nations want to go keep up with shia iran. all of this comes as the coalition in iraq appears to be fraying. multiple senior military forces sell fox the u.s. coalition was not told about the large iraqi military operation into tikrit, saddam hussein's birthday. there's a great deal here at the pentagon that the operation is being held by the iranian leader of the guards and could force the commander. here is a photo of him on the ground near tikrit. another day and another pick near tikrit with the deputy in the boddard brigades. >> our approach to combating isil in iraq is to work with the iraqi security forces and a

multi sectarian government that takes a multi sectarian approach to defeating isil and regaining control of its own territory. sectarianism is what brought us to the point where we are. and so i do look at it with concern. >> lots of concern what we're seeing is the anti-isis coalition that including saudi arabia. they may now begin to fray even further given iran's involvement in iraq in recent days. secretary of state john kerry has his work cut out for him in riyadh today. jon: what a mess in that part of the world. thank you. jenna: an important story. more on that a little later in the show. in the meantime new information on the political fallout on capitol hill. after the g.o.p. backed down in fighting over the funding for department of homeland security deciding to pass a quote, clean bill without linking it to overturning the president's executive orders on immigration.

covering the fallout, chief congressional correspondent who is live on capitol hill. mike? >> hi jenna. definitely conservative heartburn here. they believe with the republicans controlling the senate they would be able to do more so some resisted. >> if today we agree to give the president all the taxpayer funds he wants so that he can implement his illegal actions, why should the american people ever trust us again? >> they'll realize all our bluster about border security just that bluster. they'll realize that we don't actually care about the best interests of the american people. many keb conservatives want to condition fighting immigration. they say what the president did was unconstitutional and unfair that people who came here illegally would now be eligible for many federal benefits. but house speaker boehner told his republican conference it was right for their team and the right move for the country to

fund d.h.s. through september especially with terrorism in the headlines on a daily basis. >> let us remember that the underlying legislation and this is important is a great bill. the security of our homeland is one of our highest priorities and this bill provides $37.9 billion for that purpose. it will ensure that we can defend our nation against threats of terrorism. >> and after preparing for a partial government shutdown for homeland security secretary jay johnson, there is clearly a sense of relief. >> i have confidence that we will continue to work with the congress and bipartisan fashion on a bill the underlying bill that the congress passed today for our government is a good, strong bill. i believe that next year will not be as difficult. >> for congressional leadership getting this out of the way does not mean their attendance gets bogged down and they can move on to the next fight.

jenna: we'll be there every step of the way, i'm sure. thank you. jon: a teenager confesses on tape to the brutal murder of his teacher. why a judge ruled that confession cannot be played in court. plus how hillary clinton's use of a personal email address while secretary of state shielded her and the department from a probe of her public records. we want to hear from you. should government officials be required to use a government email address in order to preserve their documents? get in on the conversation. go to fox news.com/happening now and click on america's asking.

jenna: new information on a few crime stories. a judge tossing out video recorded confession of a massachusetts student accused of murdering his teacher. judge deciding his confession can't be used because he may not have known his rights. prosecutors say he killed teacher in a school bathroom.

horrific crime. we'll continue to watch that. also the jury trying to again, reach a verdict in the sentencing retrial of convicted murderer jodi arias. after four days, jurors were at an impass. the judge has encouraged them to keep trying. the jury deciding whether arias is sentenced to death or life in prison for the murder of her ex-boyfriend and mexican police have arrested leader of the notorious drug cartel just days after the capture of another cartel leader. jon: the state department defends hillary clinton's use of a personal email account during her time as secretary. her use of that non government account raises all kinds of questions about security and federal record keeping laws. for example during the benghazi investigation, the state department did not initially search her account for documents but now there's a new report from the a.p. suggesting she used a private email server at her home during her time at

state. a senior editor at the daily caller and kevin is a reporter with "the hill." "new york times" is reporting, kevin, that you know hillary clinton's team is kind of downplaying this whole thing saying, oh colin powell for instance, used a private email account when he was secretary of state. however, that was before the laws were changed. wasn't it? >> you know that's a great point, jon. bottom line here is that the secretary clinton has a lot of unanswered questions just as she's preparing to announce her run for presidency in 2016 and so yes you're right. the clinton allies and clinton world are telling me that you know there's a lot of unanswered questions about this. she very well could still release the emails. either way she's going to have to answer those questions and she had an opportunity last night in a public speech to do so. she did not address this controversy at all when she so

publicly last night during her remarks so a lot of unanswered questions today. jon: you're the secretary of state one of the highest offices in the land and you're not using an official government email account for any of your official correspondence? >> it's amazing but keep in mind this. we're not talking she just didn't use a gmail account. she created a private email server. clinton emails.com that she used for her communication and it just wasn't her. she also had some of her top aides also had email accounts and clinton email.com she used so it was not something accidental using your a.o.l. or gmail or yahoo account. it was a deliberate move to create the system so it doesn't appear that this was, you know, just by mere chance. they knew what they were doing. jon: so what protections what benefit, i guess, do they get out of using, you know hillary

clinton email.com? >> we're seeing it with a lot of these requests. they've tried to foil documents and the state department just can't get access to them because they're on the clinton email servers. now, clintons say they've turned over 55,000 documents at the request by the state department but who is choosing which documents get turned over to the state department? clinton allies and advisers and people that work for team clinton. you might trust they're turning over all thedocuments. i don't think many american people do. they believe that perhaps that some of these documents that might be problematic for clinton will probably be staying on those private servers. jon: at the time of the benghazi attack you know and the investigations that followed, people wondered, you know what did the secretary know? the freedom of information act request didn't turn up any documents from hillary clinton because there weren't any on her government account because she didn't have one. >> and i think that secretary

clinton is going to be facing a lot more questions from capitol hill in particular house oversight chairman has indicated already that he is going to be trying to get to the bottom of what is going on here. from a 2016 perspective i think that you're already seeing some republican likely candidates, including former florida governor jeb bush highlighting how they have released already their troves of emails so from his time as florida governor i think we'll have to wait and see how secretary clinton responds to this brewing controversy but either way, she's going to have to get out in front of this somehow and she's going to have to answer questions and the more she waits, the more questions from capitol hill at very contentious hearings. jon: kevin brings up a good point. jeb bush released a bunch of emails, media roasted him for releasing people's addresses and their social security numbers,

oversight on his part he went back and scrubbed it. hillary clinton, on the other hand, seems to be hiding everything. >> yeah. it's not just this email scandal. people are looking at the donations to her foundation the clinton foundation by foreign governments during her time as secretary of state and they're saying you know people might be ready for hillary but the question is is hillary ready to campaign herself? we're told this is a jugular knot of a campaign but she's making unforced errors for such a supposed political pro. jon: we'll see what happens and whether the public gets to see all the emails written on her private account. kevin jamie, thank you both. >> thanks, jon. have a good day. jenna: in the meantime, jet flies off the runway and winds up on its nose. what sparked the accident and what happened to the passengers inside. plus he's the sole surviving suspect in the deadly boxing

marathon terror attack and today nearly two years after the bombing, prosecutors are laying out the case against him. we're live at the courthouse next. [ male announcer ] at northrop grumman, we've always been at the forefront of advanced electronics. providing technology to get more detail... ♪ ♪ detect hiddethreats... ♪ ♪ see the whole picture... ♪ ♪ process critical information and put it in the has of our defenders. reaching constantly evolving threatbefore they reach us. that's the value of performance. northrop grumman. ♪ hi, tom.

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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. jenna: airliner touching down in thick fog and flies off the runway in nepal. the turkish jet wound up on its nose after skidding across the pavement. aircraft flew in from istanbul with 230 people on board. nobody was seriously hurt. only bumps and bruises and apparently a good story as well. jon: you've been to that airport. jenna: i have been there. yikes. jon: opening statement today at the boston marathon bombing trial as prosecutors lay out the case against tsarnaev the sole surviving suspect of the deadly terror attack nearly two years

ago. his brother died in a gun battle with police during an intense manhunt but tsarnaev was found hiding out in a boat days after the bombing. molly is live from u.s. district court in boston. >> prosecutors began with their opening statements today, really laying out a bloody time line what happened during the boston marathon bombing, talking about what the victim suffered bleeding out, shrapnel feeding their bodies. many facts in this case would not be in dispute. in fact, essentially admitting he did it but the reasons behind what occurred would differ. defense attorney judy clark acknowledging that tsarnaev walked down the street with his brother carrying a backpack with a pressure cooker bomb and admitting that they were on a path of destruction leaving death in their part but she focused on blaming the older brother as an influence on the younger brother saying that it

was tamerlin that bought the parts for the bomb and that influenced his younger brother taking the actions. tsarnaev brothers used a type of bomb favored by terrorists. thousands of pieces of shrapnel intending to cause bloody death and disfigurement. they acknowledge that tamerlin was here too, but the defendant stopped and placed his bomb behind a row of children, pretending to be a spectator but he had murder in his heart. he stood for four minutes behind that row of children before setting off his explosives according to prosecutors. so they really focused on the death and pain and destruction and the amount of carnage as they have begun their case. jon: it's eery to see the photos. the photo of him with the laser dot from the swat team on his forehead the night they found

him in the boat. hard to believe it's been two years. thank you very much. jenna: more from the court as we get it throughout the day. in the meantime many americans plan to retire at 65. but about half of them may have to lower their standard of living. a new study reveals why. we'll have that for you plus isis feeling the fury of u.s. and coalition bombing raids. is american air power also empowering iran? we'll talk to a former intelligence officer who says yes. pd sometimes breathing air can be difficult. if you have copd, ask your doctor about once-daily anoro ellipta. it helps people with copd breathe better for a full 24hours. anoro ellipta is the first fda-approved product containing two long-acting bronchodilators in one inhaler. anoro is not for asthma. anoro contains a type of medicine that increases risk of death in people with asthma. it is not known if this risk is increased

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jenna: all right. a quick look what's to come this hour of "happening now." the president and netanyahu going head to head. what needs to end to tension with the close ally. it's a record breaking winter and looks like the snow isn't ending any time soon. hate to be the bearer of bad news and a plane crash that shocked the music world more than 50 years ago could get another look from the government. why officials could reopen the investigation into the crash that killed rock stars buddy holly richie vallens and the big bopper. jon: a new study estimates more than half of american households will not have enough income with their lifestyle at the age of 65. so how short of retirement goals are most americans, jerry? >> hi there.

imagine this. most folks 54 to 65 in a typical working family have an average of $104,000 set aside for retirement. it sounds like a lot of dough but if you do the math, consider a withdrawal rate that's typical, about 4% a year it's not that much money. $4,000 a year. that's $350 a month. all you're really paying with that money maybe your cell phone, the cable bill. that's about as far as it goes. jon: so there are efforts to try to get people to save more money, right? >> that's right. there are a lot of efforts to do that but there's a short cut here that you should consider and that's paying lower fees. let me show you the impact of fees on retirement savings. imagine this. you have two folks. each 30 earning $30,000 a year. the only difference in their savings every year is that one invests in an index fund that buys a broad range of stocks and the other in an actively managed

fund. they charge well than 1%. actively managed fund charges 3%. look at the difference in savings. passive investor earns $927,000 by the time they get to retirement. the person who is buying actively managed funds ends up with $561,000. that means they've given $366,000 away in fees almost half of their money going to fees. so the lesson here is that if you can buy index funds that charge very little to the investor, you can save a lot of dough on your own for retire many. jon: we all need to think more about that don't we? >> that's right. jon: you can watch jeri on the fox business network. to find the channel on your tv go to fox business.com/channel finder. jenna: u.s. military and coalition forces pounding isis fighters with air strikes in syria and iraq. the bomb he weres are targeting

the terror group factories weapon storage facilities and armored vehicles. there are those in washington who believe that the administration strategy is working here. >> you know i seldom agree with president obama but on this one, i think the obama administration has taken the right direction. they're trying to come up with an agreement to limit iran's nuclear options and at the same time build an agreement that maybe we can get some help from iran in dealing with isis. jenna: they're talking about the nuclear program and how he thinks it interacts with what's going on with isis. next guest says that the president's strategy against isis also empowers iran and he's written a piece for the weeked standard on this exact topic. former senior intelligence directive retired from the u.s. army and director of the global initiative at the university of south florida. nice to have you on the program. >> great to be here. go ahead morning. jenna: why do you think you're strategy against isis is wrong?

>> well one thing for sure is it is empowering iran and helping them with their expansion throughout the region and in particular i focus in on iraq. we have a strategic interest in maintaining a sovereign and independent iraq and right now, our strategy is enabling iran to erode that sovereignty and increase influence over all the institutions of government particularly in the security services. jenna: how does that impact our safety of the country here at home? >> when you look at the threat of iran it recreates instability and disorder and takes advantage of it. moreover, it's important to keep if mind that iran has supported extremist grups to include al qaeda in syria and across the region over the past decade. they do not just work with shia militants. so from a terrorist perspective they killed over a third of the americans killed in the iraq

war. they continue to support those activities and we need to be concerned about that. not ju the expansion of capabilities in regard to the nuclear issue. jenna: and you jenna: you've worked under republican and democrat administrations. you have seen the entire war on

terror from its beginning to now where we're at. why do we have such a difficulty really understanding who the enemy is and how to beat them? >> well i think it begins with really focussing in on understanding and developing a detailed knowledge not just of the terror groups, those that are fighting but understanding their motivation, their fears and how they work within the communities. how they integrate in the culture of these areas and what are the factors that contribute to them being able to recruit and gain support. the other thing is that we don't do a very good job of really doing the detailed analysis and exploiting all of the materials available to us and doing the investigative work in building networks and the knowledge and really have that focused effort. it really takes a tremendous amount of collaboration, cooperation. you need the right kinds of people.

and at times, we're just not doing it right. jenna: can you give us an example of that? >> well there's just one recent example that's been in the news in the weekly standard and elsewhere and the release of records from the trial in new york city. the papers that were released from that trial and the papers the treasure trove of information that came out of the raid, that material could provide tremendous insights into a range of activities to include al qaeda activities in pakistan iran, africa and elsewhere. if what we read in the reporting is correct. jenna: just to catch our viewers up on that we've covered that as well on "happening now" the papers are released from inside the compound. they pointed to a series of things, whether it's al qaeda's connection to iran or just

future plans for bad actors inside of al qaeda. we've only seen a few of these documents. what else is in them? >> well i think we need to find out what's in them and i think they should be available to public scrutiny, too, because they were the documents that were found, you know at an enemy site. they're not u.s. classified documents, per se. similar to how the saddam documents were exploited and made available to people at the institute of defense analysis and elsewhere to exploit and develop better insights on the history, the motivation how they operated and that type of knowledge and digging in an investigative way is extremely valuable to understanding your enemy and we need to understand our enemy define them well know what their short, mid and long term objectives are and what their modes of operation are and what their trade craft is. you can develop that type of information by exploiting the

documents. jenna: have we done that? >> i don't think we do a very good job of it. i don't think we did a go ahead job of exploiting the documents that were taken from the iraqi intelligence services for that matter. jenna: and why? >> well i think there's some inertia and we're focused for the most part on current intelligence reporting and what we would call serialized reporting what is being collected on a day-to-day basis. and i think, you know you get caught up in what i hate to say it on fox but the cnn news headlines news type of analysis. and the deeper, more detailed analytical work that needs to go into this is not done. jenna: you can mention cnn, derek. it's okay. we're confident. we're comfortable right jon? we're comfortable. jon: that's right. jenna: but derek, we would love to have you come on to talk more about this important topic, making sure we fully understand the enemy, make sure we do our due diligence and then act on it the way we need to.

it's great to have you on the program. we look forward to having you back. thank you. >> have a nice day. jenna: thank you. jon: as we discussed so many documents have not been analyzed they got in the osama bin laden raid. jenna: we were looking at a million plus different documents so there's a big argument to make the documents public number one, and then the second point that's been raised in the weekly standard steven hayes has done a lot of reporting to make sure they've been thoroughly analyzed and there's a big question mark about that. that's something we'll continue to watch. jon: winter apparently is not done with us yesterday. is this groundhog's day? jenna: i don't know. i can't even look outside. jon: we've said this before. a new storm moving in bringing another wintry mix. that is making a mess of things on the road. and yes, more snow. plus israeli prime minister benjamin netanyahu made his case against a nuclear deal with iran but what should the u.s. do now? we'll go in depth.

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jon: let's check out what's ahead on "outnumbered" at the top of the hour. >> what will the white house say about the latest hillary clinton controversy? and reports that she's not only one who may have violated email guidance for state department business. >> this story is making news by the hour now. also baseball great curt schilling goes after the creepy dudes who viciously trolled his daughters on twitter. he got at least one fired. is that going too far? >> i love it. disney promoting an unhealthy image. and one of the most recognized villains. jon: as father of a couple of daughters and a couple of sons you don't mess with daddy's daughters. >> that's right. >> love that. >> see ya. jon: looking forward to that. thanks. jenna: winter is not going away with any time soon with a new mix of messy ice, freezing rain

and yes, even more snow all creating difficult conditions in chicago. no matter how much you drive in it you never know. this comes as boston now has -- is closer to breaking the record for snowiest winter ever. the city hit with more than 105 inches hit in the season. think of them when you're complaining about the weather and more snow on the way with a new storm system working its way across the northeast. we have lots to look forward to. jon? jon: to the iranian nuclear showdown now with a new round of talks on the horizon. after israeli prime minister just 24 hours ago addressed a joint meeting of congress, a speech that generated controversy, even before it was given. with president obama and many democrats weathering the -- blasting the timing and the tone. our next guest says it's time to work together. he is the visiting professor of foreign policy studies and also former deputy minister for

foreign affairs and israeli ambassador to the united states he joins us now. i personally might have expected that you would have sort of towed the netanyahu line and said, yes he should give this speech. you weren't sure in advance whether it was the right thing to do. >> i wasn't against the substance. i think every word he said is very credible and very true and it should be followed up. but i wasn't sure it was handled properly. it could have been handle the better with heads up to the white house. we have to remember that the counterparts of netanyahu is the president. i would have liked them to work together better. also i don't want israel to come between the different branches of your government legislative and executive, certainly not between democrats and republicans because we are a bipartisan issue. this was my concern. after the speech i think that delivery and the substance was very cordial and i hope the

white house will work together to make sure iran doesn't have the bomb and the agreement today doesn't assure that. jon: well one of the criticisms, and this goes right up to the president himself, the president basically said, oh i didn't watch the speech but i read a transcript of it and benjamin netanyahu didn't tell us anything new. >> well jon, if you remember it was the president's administration just last week, secretary kerry warned netanyahu not to divulge any sensitive information. so netanyahu is not at liberty to talk about sensitive intelligence so i don't think they expected us to do that. but at the same time i think that arguments and also the reasoning and also the analogy to north korea and also to the nazis was very very pertinent. in 1945 jon, the allies did not ask any concessions or they're very nice to the nazis or the

emporer of japan. they required full surround rern. japan is no match so why should we treat them with kid gloves as she violate all the agreement? they should be taken to task and they will do it if they face credible threats. if we say, only negotiations, no other ways it's kind of a self fulfilling prophecy of a bad agreement because it's not preordained. we can stop it. jon: as the prime minister pointed out yesterday, there have been missed deadlines, there have been lies told there has been deception on the part of the iranians. just the fact that some of their nuclear facilities weren't even disclosed to the outside world i guess the question that i'm asking is why should the world trust iran? why should any agreement be assigned to a government that has proven itself time and time again to be untrustworthy? >> that's a very valid question but still, i think israel prime

minister would prefer to solve the issue without resulting in violence. we can do it if we put the right pressure. of course we cannot trust them. this is why we need a very very extreme and effective monitoring to verify but if you let them, just suspend and keep the potentials, the monitoring could be not very good. only if they put everything -- render everything absolute, only if they dismantle then we can monitor. this is why we need the dismantling of their potential which is illegal anyway. why should they be given concessions as all the other members of the international community do not? so they get a prize for violation. what would that mean for the non proliferation regime? venezuela, saudi arabia and others will want the same thing and then it's a nuclear world we do not want to see. jon: it's good to have you in. >> thank you. jenna: jon it was a day the music died. three rock stars killed in a plane crash. now more than 50 years later, a

tragedy that shook the nation could get another look.

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purchase any new verizon wireless smartphone or tablet from comcast. visit comcast.com/wireless to learn more. jenna: a fox news alert. oral arguments wrapping up for the supreme court over the health care law subsidies debate. the justices seem to be divided according to the press. we've have more in the next hour of "happening now." one of the big stories today. jon: and we'll have the supreme court's answer in four months. more than 50 years ago a tragic plane crash killed three of rock n' roll's biggest stars. buddy holly, richie valens and the big bopper all died when the plane crashed in iowa. retired pilot is reportedly asking the government to take at that crash. julie is here with the 411 on

the day the music died. >> that's right jon. crash is forever marked in these was the hit "american pie" as the day the music died shocked many in 1959. now a new england man who claims to be a retired pilot and aircraft dispatcher has petitioned the national transportation safety board to take a second look at the case. he says the cause of the crash was not pilot error as originally ruled and wants investigators to explore the possibility that problems with the plane's rudder pedals caused the pilot to lose control of the single engine beach craft bonanza as he tried to land causing the right wing to hit the ground sending it cartwheeling across a cornfield. now, according to the des moines register he writes a reexamination could prove the pilot heroically, in fact tried to prevent the crash. the crash killed buddy holly,

richie valens, the big bopper and the pilot who was just 21 years old. holly chose to fly after his tour bus was having mechanical issues. a spokesperson with the ntsb tells us it is not reopening this case as of yet but with a petition, the petitioner is required to provide new information and/or show the board errs in the digs -- decision making saying that it's much too early to say. this could potentially open more than 50 years after the crash. jon: up until now they said the pilot made some real big mistakes flying that plane in the bad weather. thank you. jenna: some stories we're working on for the next hour of "happening now" a building engulfed in flames. two people trapped inside. we'll show you what happened when the dangerous rescue caught on camera. good news for coffee drinkers. it could help prevent a deadly

disease. jon will grab a cappucino and the doctor kays in next hour. before the big meeting there's a choice hotel that's waiting for you. this spring, choose choice twice, get a night at no price at 1,500 hotels. book now at choicehotels.com

jenna: cappuccinos? jon: usually black coffee. jon: just for reporting purposes but. jon: outnumbered starts right now. harris: new reaction we are waiting for the white house briefing over the scandal of hillary clinton's exclusive use of a private e-mail during her entire tenure as secretary of state. the fallout raising new questions of why the need for such secrecy. and whether this is what we could expect in a new clinton white house. this is "outnumbered" in here with us today is charis faulkner, kennedy and fox news contributor