ng to stay right here for outnumbered on over time. more with robert da vi. fox news.comslash outnumbered and click on the overtime tab. noon eastern happening now. court will rule is unclear. the arguments and the signals the justices are giving. we'll cover all of the news on "happening now". >> obama care is here to stay. >> hi, drama in the nation's highest court. the supreme court hears oral argument in a case that could unravel the president's pride and joy, obama care. >> and good news for america's pick me up. why researcher ares say you might want to have an extra cup of coffee in the morning. >> are you inside now?

>> a horrifying scene and frantic cries for help. and firefighters just had seconds to save them. it is all "happening now". >> we begin with obama care's latest hurdle. the supreme court wrapping up the arguments. welcome to "happening now". i am jenny leechlt >> and i am jon scott. the president's health care law has been polarizing since the day it passed. and critics and supporters graeshgs the court has potential to undermine obama care by taking away the tax credits for millions of americans. the court is weighing the legality of extending subsidies to states that don't offer their own health care exchanges. shannon, bring us up-to-date.

>> it all comes down to this. credit to low and moderate income folks if they enroll through an exchange established by the state. as you mentioned more than 30 states didn't set up the exchanges and the plaintiffs are arguing that the tax credits extended bite irs should not have gone into the states. here's what johnathon gruber said. >> if you are a state and don't set up an exchange. your citizens don't get the tax credits. but they pay all of the taxes. i hope that is a political reality they will realize billions at stake here and set up the exchanges. but once again the politics can get ughy around this. >> reporter: gruber said he was speaking off of the cuff.

and the court today is divided. we know where they stand. but the chief justice who is the deciding vote to uphold obama care and swing both anthony kennedy. justice kenned kepd asked both sides tough questions and the chief was quiet today. we'll have to wait until the end of june and see how they make it out. gop law makers said if the subsidies fall. it could be a death nel. and it could be a death spiral for the law. gop has a back up plan. and prove they can govern. and the subsidies are going to sen or 8 million people right now. jon. >> but the language is clear in the law, supporters are asking the the court to ignore the

language and specifics and take what is implied. >> you sound like justice skalia jon. you there is no way that it was intended for the states. the justice asked why did they write the law this way. the minority in the house who was speaker and sitting a now feet away. some voted for or against. and they were sitting in the front row and i watched her when they talked about the law and how quickly it came together and there were those who alluded read sdp it and pass it. she was front and center for all of that today jon. >> she was the famous one and replayed saying those words.

shannon bream thank you. >> it is more easy for the wardrobe department if you follow that. >> easy is good. >> we are learning that hillary clinton's e-mail used in your secretary of state tenure was registered to her home internet service in new york city. the questions are mounting about her use of that private account. here's more from washington, guys. >> reporter: it is intending pursue every legal option to gain access to the e-mails. it is one of seven watch dog groups. and that is as controversy is swirling around the new revelations of hillary clinton conducting all of her electronic correspondence on a personal

e-mail system. it is extraordinary and dangerous. this is the type of thing that certainty most security officers in orbit. >> reporter: the state department cannot guarantee all clinton e-mails are preserved. and others are not so sure. the law was a mended to include the requirement that all electronic communications be preserved long after mrs. clinton took office. equally mystifying and the accountability review board did not cover the exclusive use of private e-mails long ago. >> what is truly amazing about the story, the house committee

that was investigating benghazi and armed services and most telling of the intelligence committee did not know that private e-mails existed. that tells you about how bad the investigations were. and how they were not interested in getting to the facts of benghazi. >> reporter: a former general told me that because secretary clinton used the e-mail hers would not be protected by executive privilege. the selective benghazi committee would have access to all of them. to be be continued. >> in fact we'll continue right now. this scandal could revive a debate over the deadly consulate attack in benghazi and hillary clinton may have known about it. it admits it didn't search mrs. clinton's private e-mail account. bob cusack is editor in chief of

the hill. she apparently wasn't using state department e-mail account. it doesn't sound like a thorough search, bob? >> no, it doesn't. and you think of hillary clinton, a secretary of state traveling all around the world and she uses e-mail to communicate back to washington and she didn't have a state department e-mail address at all would raise red flags of didn't you use e-mail? and all cabinet secretaries other than than janet napolitano used e-mail. this story has legs and certainly as hillary is moving closer to it announcing her bid for presidency. and there is a sekress from the clintons. >> the special committee in the house, democrats have prodded

them to wrap up their business saying there and there is no smoke or fire and all of the sudden, you found out a central player didn't submit e-mails because they didn't know they existed. >> yeah it raises so many questions of who knew she was using her own internet system. did the white house know? what e-mails were deleted and so are we going to it get the answers to the questions? i doubt it. but it is telling that john podestan is playing a lead role in her campaign and critized the bush administration in a similar controversy. the story continues because of the relationship between the media and clintons hasn't been cordial. this is going to make it more frosty. the media doesn't like the secrecy or lack of transparency and that will be a hurdle for

hillary clinton's case for president the see that she was transparency. >> and for someone who claimed that there was a right wing conspiracy to get her and her husband, why does she feed that distrust? >> yeah that is a key word "trust" voters want someone they can trust. and even if there is no smoking gun in the e-mails, there is a perception of what are you trying to hide? and allies of clinton said prior secretary of states used personal e-mail. they do to deal with personal issue. but all of the business was dealt on the e-mail address and those secretary of states did not run for president. >> yeah it seems like the excuses are ringing hollow in this case. and turn our attention to capitol hill. and congress approved funding

for the homeland security department. and republicans are afraid that grid lock is here to stay for two more years. republicans swept to pour in both houses and haven't been able to get their agenda enacted? >> it is a rough two months for republicans. the republican house and senate and now we are going to turn the page from harry reid in the senate and gotten off to a terrible start. but you can't throw in the towel on the entire congress. it has been just a couple of months and republicans are going to go back to the initial playbook to divide the democrats and they can do that on trade issues and keystone. they passed it and president obama vetoed. and the repeal of the medical device tax. you will not so sweeping legislation in this congress. you will have to wait until

2017. but could incremental bills move this year. i think so. >> nine democratic votes to pass. and a total of 67. and they need seven more democrats to pass. it might they get them? >> i don't think so. it is a battle of shirts and skins on keystone. and this is something that republicans will continue to hammer and talk about until 2016. a lot of the things that republicans failed so far is set up the 2016 race and they will have to do a better job of that. and keystone will play a role throughout this year and presidential election. and speaking of hillary clinton we don't know where she stands on this. >> we don't know. boshgs thank you. >> thousands of iraqi troops taking part in a major offensive against isis in tikrit and not

doing it with american assistance. the iran revolutionary guard is fighting to take back that city from the forces. john? >> yeah and jenna iran is involved onap operational and a combat level. you mentioned iran's revolutionary guard, it is involved. and iranian backed shiite militia and special forces. they are fighting alongside iraqi forces in the offensive to retake tikrit. 20000 iraqi troops are involved and isis is trying to stop them using road side bombs and suicide attacks and this is an important fight because of tikrit's location. we have talked about this. 140 mimes south of mossilul and north of baghdad. and if the iraqi forces take

tikrit it puts them in range of mosul. and the u.s. military because of iran's involvement is sitting out this fight. but the u.s. military commanders said america will be involved in the fight to retake mosul if the iraqi forces are prepared for the battle. >> we heard from a guest of how iran is more entrenched in iraq. >> investigators believe they found the person who fired off shots on maryland's hoichlt and controlling massive wildfires as hundreds of people are forced from their homes. and also we want to hear from you. should government officials be required to use a government e-mail address to preserve the documents. go to fox news.com/"happening

now" and click on america's asking.

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>> right now, a person is in custody for terrorizing the highways in the maryland area. two people suffered minor injuries from shattered glass. and it damaged homes. it is not clear in the nsa was a target. the suspect was taken into custody last night. >> and hundreds of people evacuated as wild fires burn in cape town, south africa. and massive flames could be seen. the fire started on sunday. destroying several hopes. two dozen volunteers and firefighters are working in the heat to keep it from spreading. paul joined us from south africa with the latest. >> the fires are are so big the

smoke is seen from space. it is the worst cape town has experienced. thunderstorms here brought a little rain and a big problem. with the thunder came lightning and struck the grass at cape point, a world famous tourist deft naegz in the end of africa helicopters had to water bomb the fire to constrain it. and elsewhere on the mountains and surrounding forest. six helicopters joined thousands of volunteers and firefighters trying to save the cape town suburban homes. they had a handle on them today. but the southeast wind set up and it is a desperate night. some reports said a cigarette was thrown on the brush on purpose on the indian ocean

side. with day side temps of 107 degrees the fire jumped not just the back of the mountain, but the fire breaks and now the fire stretches from the indian ocean and atlantic ocean side. the mountains look like an aftermath of a war zone. hundreds of tourist and cape townians are set to spend nights in a shelter. >> scary stuff. thank you, paul. >> two firefighters are honored after an incredible rescue caught on tape. how they managed to save a woman traped by fire. and the supreme court appears to be divided over a challenge to obama care. the arguments in the case that could under mine the president's health care law.

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sfrngs a fox news alert. the justices appear to be divide on the issue and raising concerns with both sides who argued the case. one thing is clear though, if the subsidies are truck down in junior, it could affect the health care law enforcement >> we have editor in chief for the supreme court review with us. and elizabeth, who is chief counsel for the accountability center. >> the law said what it said. if states don't set up exchanges the people are not eligible for subsidies.

why should the court hear it any other way. >> the government said the exchange established by the state means it is by sylvia bierwell and that's what they are arguing. and it depends on what the meaning of "by the state is". opponents are saying you have to look at the intent of congress and not get caught up in specific language is that the way you see it? >> we are happy to talk about the specific language of the statute. it is clear that tax credits are available for all americans who need them regardless of whether an exchange is established by the state or government. by the plain terms of the statute that said if a state does not set up the exchange,

the federal government shall establish the exchange. that is why congress wanted to assure that americans who needed financial assistance to access quality health care can do across the country. and not based on the the state you live in. >> and starting with the fact, you can keep your doctor. and many of those promises are not kept. should the supreme court read the law in the way that the, those who want to keep it say they should? >> the irs rule, and let's be clear. not the text of the law and whether it is constitutional or not. but how the irs interpreted it. it is the latest example of which the executive branch implemented the law. the obama administration doesn't like the affordable care act because it is changing and waiving and suspending different

provisions. congress wanted states to set up exchanges and they gave them an incentive. funny thing on the way a lot of states did not set up exchanges and now the government is scrambling for convideouted. >> if you throw it out many people will be left without health insurance, dow buy ha it >> if the tax credits are not available to all americans who need them, it would gut the affordable care act and cause millions of mefrns to lose access to health insurance and put people in life or death situations and why the challenge to the law and it is part of the never- ending saga of a the condition. >> and didn't millions of people lose access to health insurance

plans they liked because the federal government and barak obama said you have to change them and buy the plans. >> no, the law allowed million more americans to sign up on the exchanges and have access to affordable health care. but the court's job is to interpret and read it in its entearity. you come up with a win for the government. the tech supports the tax credits. >> you see it differently eliad? >> i do. the law is a mess. and if the supreme court does its job. we didn't learn much in the oral arguments. but if they apply the text of the law and enforce as written there is a lot of consequences including the individual man date and employer man date not able to be enforced against americans as well.

it is not a clear tale of winners and losers, but up to congress to fix the law that is not working. >> thank you both. and we'll see what the court decides in four months from now. >> thank you. >> it is not over yet. a my winter storm stretching from texas to new york. and one city on the venge of the snowiest season ever. north korea claiming to have power to strike nuclear against america if need be. why they are increasing the concern, next. you, my friend are a master of diversification. who would have thought three cheese lasagna would go with chocolate cake and ceviche? the same guy who thought that small caps and bond funds would go with a merging markets. it's a masterpiece. thanks. clearly you are type e. you made it phil. welcome home. now what's our strategy with the fondue? diversifying your portfolio? e*trade gives you the tools and resources to get it right.

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>> fox extreme weather alert. and a big chunk of the country brayingsing for another storm. boston inches away from the snowiest season on record. we have rick in the extreme weather center. >> under two inches from the snowiest season. i can't imagine we will not get there. an inch or two inches and that putsut right there and after we went through the season. i would rather hit the record and be done with this. this is a stretching storm from new mexico and colorado. winter storm warnings in dallas and down to austin. seeing snow and ice in the lower mississippi river and then

stretches northeast. and this is a southern storm. and central jersey through pennsylvania and down to west virginia and kentucky. and pay attention to the line here. it is a tight gradient from the areas that see significant now and significant icing. we could see the spots from memphis down to little rock and see a quarter of an inch of ice. and we'll see a swath of 8- 10 inches of snow and overnight tonight turning in to snow in new york city. and points south and dc. and they may see six inches of snow or so in march. a big temperature gradient here and this is the cold front that moves through for the day tomorrow. and temperatures are plummeting

40 in dallas and 56 in new orleans. cold air comes back and this is one of the last gasp of cold air which people will be happy about. we'll warm up in boston. and we'll see temperatures in the 40s for a number of days which is good news. >> we may see boston under all of the snow. >> thanks. >> and north korea boasting of a preemptive nuclear test. they test fired short range missiles. north korea officials claims they have the power to deter a nuclear threat by america. gordon chang is the author of the north korea taking on the world. >> why now? >> partly because you have a unstable regime. in pyongyang. and it is good politics to rail against the united states when

things are fluid. it has a lot to do with what is coming on in pyongyang. >> and you believe in their ability to strike the united states. >> they can do so in a number of ways. they don't have a long range missile to hit the 48 states. but they could get to guam and japan and within a year or two they could target los angeles and seattle. this is coming. in 2011, defense secretary robert gates said it would be five years before the north koreians could get to the united states with a ballistic missile. we see the tests and they haven't gotten anywhere with the missile test. that is bluster. >> they are getting better. their last long range test was a success. and there are more under the kim jong-un than under his dad. they are increasing their

reliability. and you have to remember the north korea sell them to the the iranians. >> so much of our focus and definitely the new's cycle has been on iran and their nuclear program. what is the tie in and should iran's program be on the top of the list or north korea who has the capability? >> this is one program. every time the north koreans detonated a device and head of the iranian nuclear program have been in north korea. there is a lot of interaction. and we suspect north koreians have solid enriched uran yaum. the noeshgdzs are are to gooet give us one year. they could have it because of buying it from north korea. >> you think north korea could supply other countries? if iran has a nuclear weapon

then of course the report suggest that there is a major arms race in the middle east. they need the technology. >> the syrian reactor that the israelis destroyed was north korea designed and probably that was paid for by iran. there is a program going on and not only in iran and north korea. but a number of different countries. >> and you talk about the nuclear threat from north korea. what is different in 2015 versus what we have talked about in the past several years. we have covered the topic? >> it is time. with time a country is able to perfect its weapons and north korea was given that time and agreed framework with the deal the clinton administration put in place and same as the iranians. to give them time in order to develop not only their nukes, but their long- range missiles.

>> time is the most valuable bargaining chip. what do we do about this? >> you need to embargo the iranians and look at north koreans. iranians can be developing nukes in north korea and we only look at iranians in iran. that is a big mistake. >> gordon great to have you on the program, thank you. >> opening arguments in the trial of the accused boston marathon bomber. prosecutor said tasarnaev used bombs to kill and maim as many as possible. here is the look of the death penalty case. >> plus trapped by flames in a second story bathroom as firefighters rush to help. how the dramatic rescue. >> just me and my daughter. help us. >> they are coming, okay.

>> i am going to die.

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hi everyone. i am gretchen carlsson. i listened to hillary clinton going off on secret white house e-mail accounts. was she talking about hers? no. and an expert on executive branch commriant with the presidential records act. and congressman trey gowdy is chair of the benghazi committee and wonders how the american people see the e-mails. and we'll have ohio governor john cusack. and charlie. jam-packed show in the top of the hour. there is honor for the bravest for rescuing two people. it trapped the women in an upstairs bathroom. firefighters rushed to the scene

as a neighbor shot video and climbing the ladder and getting the window out of the building through the window. they were just on time. john? wow. >> a fox newsalert. and the first witnesses are calling to the stand for the man, tasarnaev. his lawyers argue he was heavily influenced by his late older brother. tasarnaev is pleading not guilty to planting the bombs that killed three people and injured more than 260 others nearly two years ago. mi t police officer also gunned down in the manhunt for the bombing suspects. we'll talk about it with kim zimmerman and former general council. ashley merchant is a criminal defense attorney.

>> they got the jury seated and a lot of people wouldn't be able to find a fair and impartial jury for a crime like this in boston. what does the prosecution have to do to prove. >> it is not a hard case for the prosecution. the defense is consoweding that at this point. they are focused on the death penalty and trying to build the image in the juror's mind that he was not the mast every mind and he was a victim of his brother masterminding the whole plan and without his brother's involvement he would not have contributed. they will carry this all the way to the sentencing and phase. >> it will work? >> i don't think it will work. this is a hail mary defense and like the patty heafter the.

it shoes how desperate the prosecution or the defense is. they are trying to soften the jury up to save the defendant's life. he will be likely found guilty and it is more about life than death. >> you think they are trying to get the jury to take pity on this it little brother i will put it that way? >> i think they are trying to build a image in the juror's mind that he was a victim of the vendetta and his brother masterminded the plan and he would not go along with it. >> it could be powerful in the sentencing phase. and they are focusing on the sentencing phase in an effort to save their client's life. >> can the stuff that was written inside of the boat where joharwas found writing wraps up

the prosecution's case? >> yes, he said we don't like that the u.s. is taking innocent muslim lives and as a result we'll take american lives until that stops. he said i don't like to take innocent american lives, but i will do it. he is sick and twisted and he may have been influenced his brother but that will not get him a not get. he thought 9/11 was a inside job. and many of the jurors going in to the case thought he was guilty but will have a open mind. it shoes how bad of a defendant in his own actions. he is in trouble. >> we'll talk about another case in massachusetts. a judge ruled that the confession of a high school student accused of killingth math teacher cannot be shown to

jurors. prosecutor said phillip chris'm stabbed the teacher multiple times before dragging her body to the nearby woods. the judge's reasoning is that he watched the confession and said he cannot be convinced beyond a reasonable doubt that the teenager understood his miranda rights. have you heard of such a thing before? >> it is rare, but i have. it is rare for a judge not to it allow the prosecution to use a confession. it shoes and tells us something and how strong the evidence was that this defendant did not understand his miranda rights. judges are extremely hesitant to take away the state's case especially a confession. i don't think they needed a confession. and i am sure the judge factored

in that decision. >> if she is right, it sounds like the judge putting the scale on the justice and figuring they are going to get a conviction. >> it could be an issue on appeal. the police found the guy with a box cutter with blood and asked whose blood he said the girl's blood. they have him on video with the teacher going into the bathroom and only him coming out. he has a huge uphill to climb in his defense and likely going to be found guilty. >> and this could be an issue on appeal. >> it is a story that upset our viewers as did the boston marathon bombing. thank you both. >> thank you. >> and we are going to turn to health news now. apparently you should feel guilt free of drinking all of that coffee, jon scott. >> i do. >> it may be good for your heart

and how many cups to have next. okay, listen up! i'm re-workin' the menu. mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals antioxidants and 9 grams of protein. [ bottle ] ensure®. nutrition in charge™. shopping online is as easy as it gets. wouldn't it be great if hiring plumbers, carpenters and even piano tuners were just as simple? thanks to angie's list now it is. start shopping online from a list of top-rated providers. visit angieslist.com today.

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purchase any new verizon wireless smartphone or tablet from comcast. visit comcast.com/wireless to learn more. . the doctor is in on a new studien heart disease. people who drink five or more cups of coffee today can -- coffee can prevent everything from type 2 diabetes to ms. all the more reason for women to pay attention to this as heart disease being the number one killer for women. what do you think about this study and coffee as the new miracle drug. >> i wouldn't go that far, because there are also studies

that have shown that it can potentially increase the risk of heart disease, i think we have all overdone to the coffee and had heart palpatations. >> i would not be able to do my job. >> as women we can only do so mitch. but in this trial it showed that drinking three to five cups a day there's a decrease in the plaque in the arteries. >> why does coffee seem to do this? >> i have to say, here's some good things about coffee there's a lot of antioxidants in coffee. these antioxidants, they're really wonderful, they can decrease inflammation, so on one level it's a good thing, but we also know the flip side, if you drink too much coffee for you you can get an increase in blood

pressure and a increase in heart disease. >> the study said three to five cups of coffee, and we have looked at other studies, it was saying maybe even four cups of coffee is right for you. how do you know what's right? >> you know yourself, if you're drinking two cups and you start shaking, i wouldn't recommend going to four. but there's a study that shows that it actually prevents the development of multiple sclerosis the new dietary guidelines a nutrition panel to really make suggestions about these guide lines talked about coffee for the first time. >> we were joking a little bit, i'm a coffee drinker. can we be at all specific? i meaning, because people drink

a lot of different kichbds of coffee, if you're loading it with sugar and cream does it cancel out the benefits? >> that's called a dessert. what we're seeing is a correlation we're not saying drink this much coffee, we're seeing a correlation. if you load your coffee with half and half. and tons of sugar, maybe this isn't exactly what we're talking about, but it's not good for your heart. >> it's a reminder, a correlation, not exactly a cause and effect. doctor, it's good to have you on the program. john c. you said you have changed over to half and half, and you're so much healthier. cominge inging up, new fallout that hillary clinton used a personal e-mail account specifically when she was secretary of state. you're a whole airline...

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thanks for the goobz about

coffee. >> we have learned a lot today, john, we have covered a wide range of topics. >> and thank you for joining us. >> the real story with gretchen starts right now. thanks, guys, hypocrisy from hillary clinton, as i just heard her go on about secret e-mails but were they actually hers? and could she be the key for a republican win in 2016? carly fiorina joins me life. i'm gretchen carlson and the real story starts right now. white house dodging tough questions for a second day in a row over transparency and the revolutions that hillary clinton exclusively used personal e-mail accounts while serving as secretary of state even running