shoutout on my facebook page. what do you think does he have a point or should women be the only one to change diapers? >> we're speak about that after the show show bill: 11 marines and soldiers are believed dead after a blackhawk helicopter crashes in the florida panhandle. it happened in pane overnight training mission which is quite common. it's a tough story to start our day here. i'm bill hemmer. welcome to america's newsroom. martha: 7 marines and 4 national guard soldiers. crews have found some debris. it's the latest word that we have and some say the dense fog is slowing that search.

bill: how do we piece together what happened? report report an investigation is underway in what could have caused this crash over water in the florida panhandle. in was no sign of any mid-air collision. there were two blackhawk helicopters. one was mission at 8:30 and at 2:00 this morning they began to find pieces of debris. >> our rescue and recovery team is largely in place waiting for the weather to clear. we have had some human remains and debris from the aircraft that have washed ashore. >> reporter: the second blackhawk helicopter did make it back to shore. there were 11 passengers on

board this blackhawk. it operated self tours in iraq and afghanistan. 7 were marines, and they are special forces. the 4 national guard out of indiana. each of the members of the crew served self combat missions in iraq. martha: hillary clinton is asking americans to take her word for it as she addressed her e-mail controversy in a widely watched moment. she says she deleted thousands of messages from that server that she said were personal saying she only used private e-mail because it was easier. >> i opted for convenience to use my personal e-mail account which was allowed by the state department because i thought it would be easier to carry just

one device for my work and personal e-mails instead of two. there were over 60 thousand in total sent and received. about half were work related and went to the state department, and about half were personal. i had no reason to save them but that was my decision. for any government employite many that government employee's responsibility to determine wham personal and what's work related. the server will remain private. martha: republican leaders say they have something to say about this whole thing. trey gowdy says her comments left him with more questions than he had before. >> i have no interest in her yoga routine trust me. but i have every interest in public records whether it's

related to libya. and i have no interest in her personal attorney determining what is a public record and what is not a public record. that should be done by a neutral detached person. martha: peter doocy is live at the white house with the latest on this. how do we know secretary clinton's official e-mails were secure from hackers on that server? >> reporter: because she said so. clinton isn't going to let anyone inspect that server and she argues if that server was safe enough for her husband's office to use then it was safe enough for her. >> the system we used was set up for president clinton' office. it had numerous safeguards. it was on property guarded by the secret service and there were no security breaches. >> reporter: she declared she

never sent or received anything classified and the on reason they didn't do what many smartphone users do is set up a personal and business e-mail on the same device is because it wasn't convenient. >> the president is the busiest person in the world and he managed to preserve his e-mails. i don't think konldy rice or madeleine albright had her own server. if she wants someone to show her how to put two e-mail accounts on one phone i'm happy to do that. >> reporter: life has gotten more complicated because she revealed now she has two phones and two tablets. martha: will we ever know what is in the total number of

document she has retained. >> reporter: all the work-related files she thought were important enough to preserve. we don't know what was written. but we know the first batch we'll get to see is all about bengazi. it's 300 mess across printed on 800 pieces of paper. secretary clinton testified on capitol hill about benghazi and what she knew. but congressional democrats and republicans say they want more. the republicans say clinton's e-mails are still critical to understanding the administration's initial response to that deadly assault. martha: questions about why evening was printed out on paper and put in boxes instead of just

transferring them electronically. bill: she says the e-mails she didn't tun over were personal. >> the server contained personal communications between my husband and me. i believe i met all my responsibilities. the server will remain private and the state department will be able over time to release all of the record that were provided. bill: a spokesman said the former president does not use e-mail. only sent two e-mails in his entire life. he's on twitter but apparently not on e-mail. march report big question is did she comply with the federal law. she said yes by sending her

personal e-mail to a government e-mail address she says it was captured. but judge andrew napolitano says not so fast. >> under the statute which regulates high-ranking and low-level government people using government documents and record. the government must have possession of those record at all times. she is intentionally con plating what is purely personal with what is obviously governmental. and she decided what is personal and governmental. the statute says the governments decide what's personal. martha: 60,000 e-mail on her private address. she alone decided half of them were work related and the other half were personal and she said she wanted to delete all the personal ones so those are gone. bill: this is something her camp would love to disappear.

the cover of the u.s. post, the leader of the free world. quote, "go to hell," with the caption. what did the press conference accomplish for her? >> she didding very important which was to tell the press and to tell her fellow democrats, she you have ad no response or excuse. she said she chose not to retain -- she says i chose not to retain. translation, the evidence is gone you ain't getting it and i ain't complying. the answer to democrats and republicans is quit asking for more because you are not getting more. she made a mention she would

rather be attacking the republicans for messing with the president on his iran nuclear efforts. she says it's time for you to return to doing what i tell you or you will risk having republicans in charge. bill: what do the republicans do? >> they walk a fine line. if richard nixon had not said it was an accident about the 18 and a half minutes in the tape but said i just destroyed it. where do you go from there? hillary clinton has taken that position. if the republicans push too hard they will be accused of a witch hunt. but if they don't try then she has beenclowned them along with her party and the press. i see a person who has had a

personal attendant by her side since the 1980s. if that person cannot manage two devices, i would say she dq' herself for the presidency. she is making a statement democrats and the press get on board with this. i'm all you have got. it's either me or some weird republican. bill: apparently she has two devices now. trey gowdy says he does not have subpoena power to get control of the server. he says others may have it but he does not have that right now. martha: so hillary clinton says that she had one device. she says it was out of convenience. but two week ago she was asked this question. >> i want to ask the big

question. >> okay. >> iphone or android. why her answer could be a bit after problem for her down the road. bill: top foreign policy leaders heading to the hill today. ash carter and jack dempsey all facing lawmakers. what will they say about the strategy to defeat isis now. martha: dozens of republican law makers taking heat for signing a letter they sent to iran's supreme leader. we'll talk to nor john mccain about what he thinks about the backlash for that. >> what that letter did was tell the iranians that whatever deal they make, that the congress of the use the is going to play a role. maybe that wasn't the best way to do that.

i think the iranians should know that the congress of the united states has to play a role. ...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.

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trouble urinating, or an enlarged prostate. these may worsen with spiriva respimat. discuss all medicines you take even eye drops. if your breathing suddenly worsens, your throat or tongue swells you get hives, vision changes or eye pain or problems passing urine stop taking spiriva respimat and call your doctor right away. side effects include sore throat cough, dry mouth and sinus infection. nothing can reverse copd. spiriva helps me breathe better. to learn about spiriva respimat slow-moving mist ask your doctor or visit spirivarespimat.com martha: the battle over ski truth -- thebattle or tikrit is getting underway as iraqi forces who as you know in this region are being backed up by iran and their forces who are helping

them on the ground. they are enter can the key city in the fight against these militants. isis took over the hometown of saddam hussein last year. retake can it would give them the push they would need. this battle is being carried out without any u.s. airstrikes. iran helping forces on the ground. >> i complied with every rule was governed by. i did not e-mail any classified material to anyone on my e-mail. there is no classified material so i'm certainly well aware of the classification requirements. and did not send classified material. reporter: hillary clinton insisting she played by the rules. karl rove, own year white house advisor to george w. bush.

she said i'm going to make four statements. number one let many take it piece by piece. i opted for convenience to use my personal e-mail. is that sufficient or not in your view? >> no, she is governed by rules the state department issued in 2005 updated 2009 and modified in 2011. at the white house i had to camey four devices because anything that was political had to be on a an rnc account but we were told right from the beginning these would be presidential record and were periodically swept and added to the database. bill: you don't buy the excuse it was convenient? why would she have her own server in her house. what was the function for that? what were they thinking.

>> so she can have private conversations with her wide ranging group of advisors that she didn't want part of the public record. bill: number two they were captured all of her e-mails and preserved. suggesting you can go to the state department server and get her e-mails. does that fly? >> no. this private account was discovered by a hack of sydney blumenthal who was sending her advice how to handle benghazi. so what other kind of advice and counsel was she get being how to handle these items. also what is the definition of personal? she may have been receiving personal advice from some of her

state department aid through the private system and chose not to consider those quote government fall because it was private and personal advice when in reality it had to do with her official business. bill: she says i took my personal stuff and deleted it. >> who gets to determine what's personal or not. sydney blumenthal send her advice on how to handle benghazi. it sounds like she is being narrow basically saying somebody from the state department or somebody wrote me that i considered a governmental and not personal and i included it in the 30,000 e-mails i gave to the government. but if i considered it personal, i didn't. if she is the judge of what's personal and not governmental is not the way it should be. bill: we need to get to where this goes now. trey gowdy says he doesn't have

subpoena power. what happens now. do you separate the believers from the non-believers and go forward? >> there is a limit on congressional authority to go after a private server. but i think he's maybe looking at a way to get at it. she has that iconic photograph of her on her way to libya yet there are no e-mails during that period surrendered to the committee about libya and benghazi. there is a question whether she has been completely forth coming all of the material that is truly governmental in nature on her official responsibilities. bill: trey gowdy said there are months and months missing. karl, thank you from austin, texas. martha: the trial over a huge hit song has come to an end.

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bill: the senate could be on the verge of considering a replacement for the attorney general. if confirmed she would be the first ever black female attorney general. martha: there is new evidence in the boston marathon bombing trial of dzhokhar tsarnaev. jurors showing photographs of

the bloodstained note he wrote when he was lying inside that boat waiting to be found. >> reporter: i'm just getting word an fbi agent has taken the stand. she is holding up shredded remnants after backpack the feds allege was used to carry one of the bombs. they have moved away from the actual moments of the bombing which happened in april 2013 and more to the investigate yiefive side of things. that's why we are seeing those notes they allege were left in the boat. writing the prosecutors say were scrawled by dzhokhar tsarnaev in the boat days before he was captured. they swept that boat for

weapons. but he did discover that rambling writing which reads in part. the u.s. government is killing our innocent citizens. as a muslim i can't stand to see such evil. we muslims are one body. you hurt one you hurt us all. bill: 7 marines 4 soldiers misses agriculture and believed dead after a chopper crash. martha: the new york daily news labeling 27 republicans traitors. first a thought on all of this from charles krauthammer. >> obama is about to give away

the store to iran. acting unilaterally. this is the most important foreign issue he's going to deal with and he completely cuts out the congress.

bill: 7 marines 4 soldiers presumed dead after a helicopter crashes in florida. it crashed during a routine nighttime training mission near eggly air-- near eglin air force base. the victims of the crash have not yet been identified. the marine corps issues a statement saying our thoughts and prayers are with the family members of those involved in this crash.

some of those dead have done service overseas fighting in the iraq war. martha: an important hearing is about to get underway. you can see the live shot. there is senator menendez. the ranking member on the senate foreign relations committee. they are going to discuss the battle to defeat isis. secretary of state john kerry will be testifying, the new defense secretary ash carter will be at the table. and the chairman of the joint chiefs of staff mark dempsey will talk about the war powers, the aumf and whether congress will give that authority and the money it would take to carry out that battle. i'm joined by arizona republican

senator john mccain. obviously the big moment. we see the secretary of state walking into the room. big moment for ash carter as well. we'll hear from him for the first time on his thoughts how this battle can be won. what do you think will be the main line of questioning? >> the authorization for the use of military force and why the president of the united states should restrict the ability of the commander-in-chief to exercise whatever limit options to succeed. there are other areas it may be the shortest hearing in history if the question is what is the strategy to defeat isis because there is none. general dempsey is just back from iraq observing the iranian-backed shiia force with the head of the iranian

revolutionary guard orchestrating the attack on tikrit. this is the same guy who sent in copper-tipped ieds into iraq while we were fighting there and kills hundreds of american soldiers and marines. it's bizarre. so i'm afraid that you will hear very little from them in the way of the strategy to defeat isis. martha: the president said his mission is to degrade and destroy isis. at least in the battle in tikrit we have stepped out of that role and iran has stepped into that role. >> baghdad beruit, and of course damascus. they are on the move, and we have this delusion somehow that

a nuclear agreement was somehow not only restrain their activities but give birth to some kind of alliance between us. this is why tour arab friends led -- this is why our arab friends led by saudi arabia have decided to go their own way and develop their own strategies. martha: it appears the united states is left out of that equation. >> can i just mention i had the foreign minister of one of the gulf countries tell me -- and a group of other snorts -- it seems it's far better to be an enemy of the united states than a friend. martha: that's stunning. i know one of your concerns is how much money we have to fight the fights that exist in so many parts of the world and you have a big concern about the restraints placed on that.

>> gentlemen, and our activities. and i just want to say i'm afraid the republican dominated congress is going to stick to sequestration. our uniformed service chiefs said that would put the lives of american young men and women in uniform that greater risk. i hope my republican colleagues will understand how sequestration has done and understand how the world hats has -- theworld has changed since sequestration has begun. we cannot propose a lower spending level on defense and have any national credibility. martha: martin dempsey said he would have to reserve the right to ask the wt to put our troops on the ground to fight isis if he felt that was necessary. we know a preponderance of

military officials and generals believe if you don't have that possibility to put troops on the ground will. >> general dempsey is the most disappointing of the joint chiefs i have seen and i have seen many. he has supported the plan to completely withdraw from afghanistan. he's basically been the echo chamber for the president. one of the reasons why we are in the situation that we are in in the world today and particularly in the middle east is because of his lack of either knowledge or candor about the situation in the middle east and he's done great damage. so all i can say is he only has 8 more months. martha: very strong statement about the standing chairman of

the joint chiefs and his ability to do this job. you have ash carter about to speak here as well. the major question is are we going to beat isis who we have just seen training 12-year-olds or younger to murder people at gunpoint and horrific images we have seen coming out of this. we can tell the make can people are going more and more insensitive about. and whether we are going to fight this with one hand tied behind our back. others would say let's stay out of this. and let's have no part. >> except for the fact that isis is dedicated to attacking the united states of america. when al-baghdadi the leader of is very left our prison camp said i'll see you in new york. all intelligence indicates their ultimate goal is to strike the united states of america.

they can't destroy us but there is no doubt they are a direct threat. that's the view of the head of british intelligence, the head of the fbi the head of the cia. to think this is going to be the end to the attacks on the united states is sheer foolishness. martha: we'll be watching this hearing as i am sure you will as well. bill: iraqi forces entering the town of tikrit fighting to take it back from isis. former presidential envoy in iraq paul bremmer on the terror group's sphere of influence. martha: potential 2016 frontrunner hillary clinton trying to stamp out the firestorm that surround her personal e-mail. >> can we trust hillary clinton

to produce all of her e-mail when we couldn't trust her to use a state department e-mail? @e8ñúñ÷@@@0@ú

martha: the dow up 40 points today. yesterday the investors were looking at the increasing value of the dollar and the potential that the fed might raise interest rates down the road. we'll keep a close eye on them. bill: a big hearing underway. secretary of state john kerry and a carter and general jack dempsey are testifying.

you have shiia militia joining up with sunni soldiers in iraq. shiia militia backed by iran leading the charge in iraq. what are the pitfalls and dangers for america's interest now and in the future as a result of that? >> i think they are quite significant. one can welcome the liberation of tikrit. the problem is the way it's being done raises strategic concerns. the president made a mistake when he withdraw the american troops in 2011. this is the second shoe to drop. the second shoe to drop was to open the door for a swarm of islamic extremists, isis, to come in from the west. now we are seeing the iranian revolutionary guard taking part in this attack on tikrit

sweeping in from the east because there is a vacuum create bid our leaving. bill: do you think the iraqis can manage this without us? >> reporter: they may be able to manage tikrit. but once they liberate tikrit, will there be reprisals from the shiia militia against the sunnis left in tikrit? that will have grave implications if that happens for the eventual liberation of mosul, a much biggertown north and west of ski truth. it's the size of washington d.c. it will be a complicated operation to liberate mosul. bill: tikrit is 80 miles north of baghdad. mosul is 240 miles north of baghdad. apparently there is a cemetery around tikrit where 1,000 shiia

soldiers were murdered by isis. just a short time ago. that's when you talk about the reprisals. if that's what you get then you just get a repeat of the violence we have watched the past 20-30 years. but when it come to mosul that will be the battle. if you read the "new york times" today there is an article suggesting isis is in retreat today. do you agree with that? >> i think the air campaign has helped cut isis' lines of communication in the north. in from syria to mosul. that's a first step to retaking mosul. but the key in the long run is going to be whether the new prime minister al-abadi can get the sunni tribes to work on our side in defeating isis.

what i'm hearing from iraqi friend in iraq is the iraqis affectively are being told by the iranians, don't worry about the youy tribes, our ground forces and the shiia militia can deal with the security. the problem is, they may seek pre-reprisals against the sunnis first in tikrit and eventually in mosul. i think the geopolitical situation is very dicey. >> i see secretary kerry with his opening statement. what are you listening for. what should we listen for today with these members before that committee? >> senator mccain pointed out we don't have a strategy for defeating isis. we have an objective to destroy isis but we don't have a strategy. it's possible to see how we could force isis out of iraq with a more active air campaign

and faster training of the army and so forth. it's very hard to see what the administration whether it has a strategy for defeating isis in syria. it will be interesting to hear if secretary kerry puts forward a strategy. i don't know what it is. it's american stated policy that assad must go. but how exactly do we get assad out of there? how to we achieve that goal? i can see a way forward in iraq a difficult one. but it's hard to see what the administration has to do in syria. >> reporter: i thought the last comment senator mccain made with martin dempsey has he been talking about that for some time suggesting he's of no help right now. >> the senator knows the armed forces better than the rest of us. i found it very disturbing to

see the chairman of the joint chiefs standing next to the iraqi minister of defense will the minister of defense praised the iranian role in the evident around tikrit. he did that in baghdad just two days ago. i don't think that was a very attractive thing. don't forget iran is the world's leading in the you a porter of terror. it's responsible for up to a third of american deaths in iraq and afghanistan in its support for various groups attacking us. and the administration's desire for a nuclear deal seems to have persuaded it to put aside a lot of these problems about dealing with iran. bill: tom cotton writes about that. martha: we'll be dipping into that hearing. we'll bring it to you live coming up. one state passing a

controversial bill on the death penalty. lawmakers trying to bring back an extremely old form of execution. even older than the electric chair. bill: a man stumbles and falls on the train platform. >> i thought somebody may have left of the bag on board or the kid on board. and the train started pulling away and everybody start the getting more frantic telling them to stop the train. grind virtually any kind of food waste into an unending source of electrical power for a city? when emerson takes up the challenge it's never been done before simply becomes consider it solved. emerson.

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martha: the lawmakers in utah voting to bring back execution by firing squad. the state's republican governor says not if he is going to sign it. william lajeunesse reporting live on this. what's going on here? >> reporter: the bullets are

available, the lethal drugs are not. advocates say death by firing squad is quick and painless. but 32 state have the death penalty. they use lethal inject which was thought to be more humane until two cases where the inmates did not die painlessly. the european drug maker refuses to even send it to the u.s. so the states need an alternative. for utah it might and firing squad. >> this bill says we have it so we don't spend millions in court costs trying to adjudicate whether we can use this drug cocktail rather than this

cocktail. >> i think it's a bad precedent and a place we shouldn't go. >> reporter: the problem is utah has 9 inmates on death row but it has no more lethal injections available. martha: how long ago did utah get rid of the ability to use a firing squad to execute prisoners? >> reporter: it was around the winter olympics, utah stopped using the firing squad in 2004. though ronnie lee gardner chose the firing squad in 2010. he was strapped to a chair with a hood on his head. 10 gunned shot into his chest. if approved this would be the

new method in utah. other states are considering this option because of the problem with the lethal drug. bill: the new secretary of defense ash carter starting his opening statement. a significant hearing today underway. also. >> the story we are watching. military officials are saying human remains are washing onshore after a military aircraft crashed during a training mission. 11 u.s. service members presumed dead.

martha: we are watching the senate foreign relations committee hearing. you can see the new department of defense secretary, ash carter, talking about the

president's strategy and aumf which would authorize the use of military force that the congress has to approve. he says that the document the president has put together provides them enough flexibility in this fight which is morphing geographically and philosophically in some ways and increased in threat of worldwide in recent weeks. we'll hear more about that. just moments ago the defense secretary weighed in on a very sad story that emerged this morning after seven marines and four soldiers are presumed dead after a black hawk helicopter crashed into the gulf off the florida panhandle this morning near eglin air force base. here is secretary carter on that. >> the uh-60 black hawk helicopter was involved in an accident last night near eglin airbase in florida. we know there were four air crew army from a national guard unit in hammond

louisiana. and seven marines assigned to camp lejeune, north carolina on board that helicopter and our know that with me our thoughts and prayers are with them and their families as the search-and-rescue continues. >> what a sad day for all of those families and friends of those lost. welcome everybody, brand new hour of "america's newsroom." i'm martha maccallum. bill: i'm bill hemmer. good morning this was a night training exercise under difficult weather conditions ending in disaster. chopper, uh 60 army black hawk reportedly missing 8:30. dark and rain slowing down some of the search efforts today. martha: andrew, our thoughts and prayers with all of those and the families who are so saddened today by this news. thank you for being with us. what can you tell us about this?

>> martha, i want to emphasize secretary carter just said, that the search-and-rescue operation continues. it is really getting into full swing right now with a cooperation of, with our coast guard units that are in local area. in fact they have a number of vessels assisting in the search-and-rescue operation within the sound which is just north off the gulf of mexico area, just above the island that is down, in that

martha: you're holding out hope? >> absolutely. we always have hope. that search will go on long as needed here in the area. if it is many days. that is what we'll be here to do. we have had some degree from the aircraft wash ashore. there have been reports of some human remains but there is there is no number or discussion about individuals or numbers of individuals that might possibly have been killed in that operation. so it is still in our minds a search-and-rescue operation. >> very tough time of anxiety. >> very much so. martha: we're thinking about you all there. >> thank you. martha: and families involved too. we thank you, andrew, taking time to talk with us today. >> thank you all. bill: three minutes past the hour. there are new questions this morning about a hillary clinton's emails, what was kept what was deleted, who made that decision. yesterday the former secretary of state claiming that she only got rid of personal emails.

>> in the end i chose not to keep my private, personal emails. emails about planning chelsea's wedding or my mother's funeral arrangements, condolence notes to friends. as well as yoga routines, family vacations, other things you typically find in in boxes. no one wants their personal emails made public. bill: that admission raising new concerns. chief white house correspondent ed henry live from washington with more on that. how are you, ed? good to see you. >> good to see you bill. bill: the biggest lingering criticism is what? >> reporter: who has control of this server and the secretary says she does and refused when pressed about it yesterday at this news conference to agree with what some democrats suggested maybe a third party, independent person should look at this server to see whether they could recover any of the emails that have already been deleted because she basically said she was the arbiter, perhaps with her personal

attorney to decide which of these emails were about, as she said yoga routines and which were maybe about benghazi or some other real issue. and so the bottom line here is, she is saying she was the arbiter. but in fact if a lot of these emails had to do with her state department business you would think at the very least, a government attorney not a personal attorney, would get to review that obviously critics, like trey gowdy republican chairman of the benghazi committee thinks somebody on outside should look at this to see if they can be recovered. bill: appeared that is where it is head and and in the end where it may be headed. people like lanny davis on the clinton team for a long time making that publicly. what is her best defense moving forward? >> reporter: you saw democrats on capitol hill, various democrats stepped up last night said there is no there there. once the emails are released by the state department, which said it will take a few months to go

through them, eventually they will be on website for public to see democrats are saying at end. day substantively there will not be major revelation about benghazi or anything else. what is in the server we did not see see if she is sole arbiter there are contradictions. at one point, this server, she is the arbiter of it, private communications between her and her husband, former president bill clinton. his office told "wall street journal" last couple days bill clinton does not use email. that seems to be a contradiction she didn't answer to yesterday. bill: one more question. she sent two emails apparently, reported before she came out. active on twitter, not a tremendous degree but a little bit. what is your sense the next page is turned on this story and is that day when she testifies in front of trey gowdy's committee? >> reporter: i see two big moments coming up which will be, when does she testify to trey

gowdy's committee, where she gets perhaps even tougher questions. also when the state department releases these. again they say that might be months. you would suspect what is released by the state department will be relatively innocuous. there will not be some major bombshell but you just never know because the obama administration is left in the awkward position of having to release these when she didn't even tell the white house she had this outside server. so they will release this all out there in a few months. we'll see what is in there bill. bill: is this kind of thing, ed, that lingers for 18 months, for two years? do you get that sense already? >> reporter: it is hard to tell now. if republicans have their way, obviously this will linger for 18 more months. the bottom line question will be how does the secretary turn the corner? is she going to let a third party look at server. what she did yesterday is just the first step. there will be a lot more questions ahead. bill: thank you ed. ed henry from washington there. martha has more. martha: the clintons are no

stranger to controversy. columnist charlesys he believes mrs. clinton is determined to not to let history repeat itself this time. >> think this establishes from in the 1990s she was very much against bill acquiescing to a special prosecutor on whitewater. she thought that was a catastrophic mistake. she thought they should have continued stonewalling. she is determined to never let things out of control. what she is saying i control the emails. no one will ever have a look at it. i had no reason to keep the private emails which implies they are destroyed or, deleted. but she is not going to make that mistake again. this is going to be stonewalled from here until election day. >> what is that going to mean? steve hayes, senior writer for "weekly standard" and fox news contributor. welcome, good to have you here today. >> morning, martha. martha: she may be digging in her heels and saying you can't

see it, but doesn't seem to reflect in any of this, she was working for the united states of america. she worked for the people of this country. everyone of us who has an employer as she does knows your emails are subject to their retention of them or they're looking at them at anytime. >> yeah. i think that is right. think she will have very difficult time keeping this position. she basically said, you're not getting any of it, and you are going to like it. that is not going to stand. you had prominent democrats suggesting she needs to disclose more. needs to provide more information. she said in effect i'm not doing that. >> essentially she did. you have information about others that may also have been working with hillary clinton and may have had private emails as well. so who are they and what does that mean, steve? >> two of hillary clinton's top aides used personal email while employed at state department, uma abed dean and cheryl mills. chief of staff.

state department has evidence of this. were they emailing hillary clinton from their personal email addresses to her personal email address about state department business, including benghazi and sensitive classified information. those are questions that trey gowdy and house benghazi gauze committee will want to look at very carefully. martha: there is inkling there was inner circle and considered pretty cool and high level if you were in the inner circle of emails, people who had their private email. turns out some may have their own. will be more difficult not dot-gov responses to people but they wouldn't be in that. >> exactly. this is the key point. yesterday, she said look, when i was doing state department business i was emailing to people who on the receiving end of her emails had dot-gov email addresses and therefore the emails, the documents would have been retained. what this suggests is that others were using non-dot-gov emails, their personal emails.

if they communicated with her in that manner those emails will be lost unless they're compelled to provide them. martha: no doubt. tray gowdy's committee would like get their hands on both sides of the email. steve, thank you very much. see you later. bill: there is a critical hearing on the battle against isis underway on capitol hill. three significant guests there. secretary of state john kerry, defense secretary ash carter, joint chiefs chairman general martin dempsey there to explain just how president obama plans to defeat isis. we'll talk to colonel ralph peters what they have said so far and sometimes the questions are more critical than the answers. so we'll get to that in a moment. martha: we're live in a moment. republican senators are under fire for letter they sent to iran. democrats calling it unprecedented but is it? we'll talk to senator lindsey graham, one of the senators that signed controversial letter. bill: was a nail biting hockey game cut short and why?

answer drawing a bit of outrage. >> was there no other way to combat issue? could you have gone to the greenwich boys and darian boys and hey it will be a little while?

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group, their ambition which includes, by the way most likely the death or submission of all those who oppose it. the seizure of land, the theft of resources incitement of terrorism across the globe, the killing and attacking of people simply for what they believe or for who they are. bill: from a moment ago. ash carter talking about the growth of isis right now. this despite a "new york times" article today that suggests isis in certain parts of iraq is in retreat but carter makes the point, that like-minded groups in continents like africa are helping isis spread its deadly message. we're watching that throughout the day. critical news, martha. martha: a lot to talk about. this is happening live as we speak. we want to bring in lieutenant colonel ralph peters. fox news strategist and analyst. good to have you with us today. >> hello, martha.

martha: ash carter new defense secretary reversed his prior stand, backing administration's plan, saying okay with the three-year time limit after which this aumf would have to be tossed up for a new version, and also, the other new development that we've seen just moments ago, is that concession that indeed, isis is metastasizing. we remember from the original strategy that, had no geographic borders. does that mean that we're going after boko haram as well? your thoughts on any or all of that? >> i wish we had an hour but we don't. martha: me too. >> borders are a key issue here. we're obsessed by borders drawn by dead european statesmen. one of the strengths of islamic state. they don't see our borders. they're not interested in our borders. borders between iraq and syria that hampers our operation, it doesn't exist for them. so they have a profoundly

different view of the world that is much more flexible, healthier in some strategic respects. secondly look, there is no question, martha, you and i have spoken about this spoken about it with bill, of course islamist fundamentalism is metastasizing. it is a growth industry. it has a brand. you saw the video released yesterday of the boy shooting the captive. man, that is more powerful to the demographic the target demographic, than any super bowl commercial. i mean these guys are really good at what they're doing what their goals are. they know their audience. by god, they have a level of resolution, of commitment to their cause that we just have not and may not ever match. and oh, by the way what was missing from secretary kerry's statement? any mention of islam or religion whatsoever. we're still in denial about the nature of the threat. martha: well woe wouldn't

expect that given the background we've had on that particular issue. i want to play a little bit of sound from the chairman of the joint chiefs of staff moments ago. let's listen. >> general dempsey is the most disappointing chairman of the joint chiefs that i have seen, and i have seen many of them. he says he may request that he is supported the plan to completely withdraw from afghanistan. he has basically been the echo chamber for the president, and, one of the reasons why we are in the situation that we're in, in the world today. and particularly in the middle east is because of his lack of either knowledge or candor about the situation. martha: yeah. that actually is from my earlier discussion with senator john mccain. very strong words. he said, you know, that martin dempsey is the worst chairman of the joint chiefs of staff he has ever seen. >> well, this is an inside baseball answer but the

u.s. army has a real problem in that it trains really really good two-star generals, division commanders. it hasn't turned out a strategist since barry mccaffrey retired almost two decades ago. this is a these are good men. marti dempsey is a good man with good intentions but he is not equipped for this job. he doesn't seem to have the final, george marshall strength of character at the core that it really takes to, to deal with the world today. by the way, let me stress, this is not just a problem in obama. donald rumsfeld purposely promoted guys that couldn't stand up to him that didn't have the mental firepower to match him. so we've really, everybody is worried about the generals that got fired. i'm worried about the dumping down of the general officer corps. it is really painful. so senator mccain i think he was in one of his moods but he

is frustrated because the pentagon the leaders at the pentagon are not giving us a winning strategy. they're hemming and hawing and waffling and weaseling and it is very frustrating. because the one thing we need from generals and admirals at the top of the system is clear honest advice to the president integrity and courage. that is really sad to say lacking. >> a vision and strategy for actually winning. we're hoping to hear some of that from this table. john mccain said if they're looking for strategy from this hearing it will be the shortest hearing in history. we'll see if that is true. thank you very much. >> thank you, martha. bill: hillary clinton's emails raising all kinds of questions. how it could affect her presidential campaign. analysis moments from now. martha: scary as a man falls on to the tracks between two cars on that train. >> i thought somebody may have left a bag on board or left a kid on board.

and then the train started pulling away everybody started getting much more frantic and yelling, trying to stop the train.

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bill: what will republicans do about obamacare? certain to be a big issue during the 2016 campaign. a second major challenge to the health care law is now being heard by the court. but, supreme court, that is. republicans are split over a potential alternative. senior political correspondent mike emanuel is on the story. good morning to you. it is early, we know that. but what are we hearing from some of the likely candidates about obamacare? >> reporter: bill a number of potential candidates listed as obamacare one of the things that must be replaced by a republican president and congress. scott walker says if the supreme court throws out obamacare subsidies this spring

ultimately the responsibility rests with the federal government to fix the federal law. possibly 185,000 wisconsinites could lose federal subsidies. it may have effect on his current job. yesterday, senator ted cruz made th president's health care law. >> the regulations that have come from washington, making it harder and harder to create jobs and again, the simplest and most important regulatory reform. is we need to repeal every word of obamacare. >> reporter: cruz has offer ad plan that would scrap the mandate to buy insurance. would allow people to buy insurance across state lines, get rid of subsidies and insurance marketplace, bill. bill: anything from the florida governor jeb bush mike? >> reporter: i was in iowa. former governor bush's very first stop he was asked by someone in the audience about

restoring the doctor/patient relationship. >> we restore it by repealing if possible at some point, i think that is post-presidency of barack obama the affordable care act obama care and replacing it with a model that is consumer-directed. where people where consumers where patients have more choices. where they have more of a direct relationship. >> reporter: bush said there are probably 50 different ways to improve health care but it should not be top-down driven from here in washington d.c. bill: thank you mike. looks like nighttime behind you. be careful down there. mike emanuel in washington. >> reporter: thank you, bill. martha: coming up the latest in iraq on the battle for tikrit. [gunfire] as iraqi forces aligned with iranian militia fighters close in on that strong hold. is the tide starting to turn? plus this. >> any deal that's not approved

by congress won't be accepted by congress not now, and certainly not in the future. bill: senator tom cotton defending the letter he and 46 republican senators sent to tehran you were warning about a possible nuclear deal. iran called it propaganda. what does senator lindsey graham call it? he signed the letter and is our guest next live. when healthcare gets simpler. when frustration and paperwork decrease. when grandparents get to live at home instead of in a home. so let's do it. let's simplify healthcare. let's close the gap between people and care.

martha: we're back with new reports out of iraq that iraqi forces have now pushed their way into the isis stronghold of tikrit. this is a very big development in the fight. witnesses say soldiers alongside shiite militiamen backed by iran can be seen marching into the city of tikrit that lies between baghdad and mosul, retaking saddam hussein's home town. it could be key to the future earth of them to move on and take back mosul, considered one of the big battles ahead this

spring. conner powell has the very latest from this. good morning, conner. >> good morning. this is a significant turn of events here in the past few days. it isn't clear how much iraqi troops and pro government shia militia men actually control tikrit right now but we're getting reports they control the northern part of the city and they are even pushing into the city center. isis there seems to be fleeing at least in some parts of the city there. now they are advancing. video obtained by the associated press shows iraqi troops and shia militia men marching alongside humvees as they move into the city, near the city center of tikrit. tikrit is one of the largest cities held by isis. this is by far the largest military offensive put out by the iraqi government in their sort of pro government forces. the u.s. is not part of this operation because it is really being led by iranian men.

we are seeing a really dramatic turn in terms of isis leaving tikrit, a place where it's a sunni majority. they had a significant stronghold there. the u.s. while they are not part of this operation they certainly want to see it succeed any fight from mosul this summer or spring will depend successfully on whether or not tikrit is taken. so the u.s. has a real sort of desire to see this fight won in tikrit as well martha. martha: thank you very much. >> isil is an organization -- as an organization is likely to evolve strategically. morphine, rebranding and associating with other terrorist groups while continuing to threaten the united states and our allies. second, the proposed strategy is

not -- bill: secretary of defense ash carter isis spreading and growing more dangerous. lindsey graham, republican on the senate armed services committee with me. good morning. draw a distinction for us between the point that carter is making now about isis growing in influence and a story this morning in the "new york times" suggesting that isis is being driven out of certain parts of iraq. is it possible that it's both right now? >> absolutely. they are -- the majority of the forces in syria but the efforts in tikrit seem to be paying off. but the problem is this is a shia-led operation against a sunni stronghold in iraq and there is no ground force being formed in syria so even if you take tikrit and mosul back it's going to be hard to hold it unless you go into syria.

that's where they reside in the largest numbers and there's no planning to into syria. bill: senator rubio was questioning secretary kerry and the point that rubio was making is that he believes that these iran negotiations are dictating decisions on the military side and that is something that secretary kerry rehem ently disagreed with. we'll play it for the viewers. what is your view on that? >> i think it's absolutely certain that our desire to deal with iran no matter what, this obsession with the deal with iran has affected the policy since isil. there's no army in the region going into syria unless we focus also on asad. to defeat isil in syria and leave asad in power is leaving iran over to syria. in regards to nuclear ambitions,

it's toppled four capitals. yemen, they control lebanon through hezbollah asad is a puppet and the shia mill yash -- militia are controlled by iran. the president has told the ayatollah he's not going after asad. bill: you signed a letter as well that i'll get to in a second. first secretary kerry and what i was referring to here. >> it's really almost insulting that the presumption is we're going negotiate something that allows them to get a nuclear weapon. >> i haven't discussed a nuclear weapon and i'm not saying there's a grand bargain. i believe our military strategy towards isis is influenced by our desire not to cross red lines. >> absolutely not in the least. there's no consideration whatsoever as to how they or anybody else -- we will do what is necessary in conjunction with our coalition.

bill: with regard to iran in a letter, tehran called this -- >> can i just comment on that for a second? bill: quickly yes. >> john kerry doesn't know what he's talking about. the only reason we can't get an arab army to go with us into syria they have conditions going into syria on dealing with asad. turkey has said we want a no-fly zone before we go in. you have to promise us you're going to get rid of asad. and the reason we're leaving asad alone, we don't want to upset iran during these negotiations so john kerry is flat wrong. bill: the president of egypt said you need a sunni army. that would be contributed to on behalf of the egyptians and the jordanians. >> barack obama is willing to give syria to iran by keeping asad in power. no arab is going to be willing to do that so isil in syria is never going to be defeated by an arab army unless we also go after asad and isil is moving to

libya and other ungoverned spaces as we fight them in iraq. bill: we'll bring a map in a moment to help all of this along. you do really need it. on iran and the letter to asad tehran called it a propaganda ploy. why was it necessary to write and send such a letter? >> great question. i've been working on bipartisan legislation with others that says congress will not agree to lift the sanctions that we created unless we look at the deal and vote as to whether or not we want them lifted. the president of the united states does not have the authority in my view to tell the congress that we cannot look at a deal that would lead to the lifting of the sanctions that would create it. i did not sign the letter until the president threatened to veto the bipartisan legislation i just described. the moment he told congress

basically to go to hell i want him and the iranians and the world to know you can't deal us out. if he's contemplating a deal to give congressional sanction relief and not allow us to have a say, he's flat wrong and that's why i signed the letter. bill: hillary clinton says you want to help iran or hurt the commander in chief. >> how about this secretary clinton? we want to stand up for the idea that sanction created by congress cannot be reloafed by the commander in chief unless we agree. the only thing in this legislation deals with the lifting of congressional sanctions and to secretary clinton if you were president, would you deal congress out? would you threaten to veto a bill that's bipartisan requiring congress to review your deal before congress agreed to lift the sanctions they created? this is a very big deal. there's only one commander in chief. but we're the congress. we created these sanctions bill. we should have a say. by the way, the congress, the senate hasn't toppled four arab

capitals. we're not the largest state sponsor of terrorism. it is iran and we haven't been lying about our nuclear ambitions for the last 20 years so this is really a challenge to the congresss to deal the things we've created. this is not an imperial presidency as much as he would like. bill: thank you, senator. the hearing continues. thank you. martha: other top story of the day, hillary clinton adding fuel to the fire with her admission she deleted thousands of emails from that server. what does it mean for her possible campaign in 2016? our panel, great panel coming up takes that on. bill: multi million dollar jewel heist on a highway and the suspects just drove away.

bill: brazen bandits pulling off a jewel heist worth millions. a gang of 15 gunmen hitting two security vans while stopped at a toll booth on a highway south of paris, france. the gunmen forced drivers out of the vehicles disappearing into the countryside. the burned out vans were found hours later empty. they were carrying about 9 1/2 million dollars' worth of jewels. nobody was injured. martha: not physically don't think the clintons should be above the law. she said part of the reason why she didn't obey the law was convenience but i don't think convenience should trump national security. can we trust hillary clinton to produce all of her email when we couldn't trust her to obey the law she had to use a state department email? martha: that's rand paul. he says americans may have a hard time believing hillary clinton when she claimed she only used a private email account when it was convenient and she destroyed only the

personal stuff. the yoga stuff, wedding stuff went out the window, she says. what is the likely impact on her potential presidential campaign? look at the cover of the "new york post" today. deleter of the free world. they're creative at the "new york post." ed was a campaign manager for ronald reagan and joe trippi, both are fox news contributors. welcome, gentlemen. go ahead to have you both here. >> good morning. martha: i want to move forward and take a look at 2016 and what the potential impact is on that race for her. let's listen to brit hume. >> this was an attempt to get this over with so she could move away with whatever plans to announce her candidacy which we were given to expect was soon. this might lead to a postponement. i think she'll go ahead but she'll be living with this for awhile. martha: that's according to brit. does it move up her decision or postpone it? >> well brit is right that it

will be with her for awhile but i think it may -- it won't -- i disagree with him about it possibly delaying her decision. i think this -- all of this speaks to get into the race. she doesn't have an advance team. she doesn't have -- clearly doesn't have a communications operation -- i mean a presidential communications campaign operations to help defend the stuff and it's coming now. and so i think they need to campaign up sooner rather than later. martha: one of the big questions that comes to my mind when i watched her yesterday we all remember white water, the filegate, all of that stuff, monica lewinsky stuff, right? i just wonder all these years later if people have the patience to deal with more explanations and with everything going on in the world right now, will people not really venture too deeply into figuring out what's going on here and say, do you know what? enough. >> i think a lot of people are saying enough. obviously the clintons have kind of a royal family of america, they have a lot of strong

supporters. i think she's still the inevitable nominee of the democratic party because there's no opposition. i think there's doubt with inevitable president. there's been stumbles getting ready for this run. anybody joe or anybody else that was setting up a campaign would look to these things. clinton foundation taking foreign money from foreign governments when she's secretary of state. there's a lot of questions. always a lot of questions, a lot of smoke around the clintons and i think to a certain extent they are not afraid to go over the line and i think clearly they have done that here. martha: effort yesterday clearly one to put this to rest. moments ago, the associated press has announced sheer suing the united states state department to force the release of email documents from her tenure at secretary of state so that's probably just the beginning of the lawyer requests coming in. she sort of scoffed at that yesterday. was that a mistake? >> look. i think this is -- the a.p.

doing this is an example of how this is just going to continue to get out there and she's got no apparatus to handle it. in terms of a campaign -- martha: how could it be she has no apparatus at this point? what does that tell us? >> i think they're putting it together right now but they've got -- i think you've got to get into campaign mode. part of this, had there been an announcement a month ago a lot of these attacks or questions would appear political, you know, because she was a candidate. even rand paul even rand paul today, he's the candidate for president. of course he's going to say that she broke the law. i mean that helps him with his base but none of this is being seen in that campaign context right now because she's not a candidate and she's not operating with a campaign staff to help her deal with this. martha: i just want to ask one question. i'm struck by the whole inevident ability of the hillary

clinton mission. she's tried to get the nomination of her party before and she lost so why does everyone think she's so inevitable in this race? especially given all this new stuff. >> the only inevitability is that there's no serious democrat running against her. look at the bench, there's nothing there. so it's either her or nobody. i think biden or i think kerry or someone else that might think about it would be a very weak candidates so democrats have a lot at stake with her. obama didn't beat her. she had a terrible strategy. she had terrible tactics last time. they didn't go into caucus states. she lost the primary by a few thousand -- few hundred delegates. martha: we could discuss that for days and days and days. we have to leave it there. hillary is not bill clinton. >> she does not have bill clinton skills. martha: all right. more to come on all of this.

thank you very much. bill: jon scott, how are you? >> doing well. that story is big. we'll take it up as well. new fallout from the hillary clinton email controversy and the lawsuit that martha just told you about, the news conference she held. we'll talk about several political analysts about what it means for the next 20 months until we elect a new president. plus hearings underway right now about white house foreign policy. live coverage of that and progress in the fight against isis. some new testimony on obamacare and the usgs says a chance of a mega quake in california greater than we thought. it's all ahead. bill: thank you. a stuping sight on camera here. a stranger snatching a young child right from the stroller. there's brand new details on the hunt for the suspects seen here.

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>> robin thicke is paying for blurred lines. a jury convicted he and pharrell williams of copyright enfringement. the song sounded so much like marvin gaye's hit, the pair has to pay more than $7 million to mar vainvin gaye's estate. ♪ martha: i mean the whole song is exactly the same right? but if you paint a canvas red

and blue in the background and put another picture on top of it and somebody did the same thing before, it's a different song. bill: do you remember when marvin gaye testified he was like, i was drinking, on pills. how did i know? martha: decide for yourself. bill: senator rubio questioning john kerry about the whole iranian nuclear allegations as the lynch pin to all of the foreign policy. a lot of it anyway. listen. >> the president has made it absolutely clear they will not get a nuclear weapon. now, the presumption by a lot of people up on the hill here has been that we somehow aren't aware of that goal even as we negotiate that goal. our negotiation is calculated to make sure they can't get a nuclear weapon. and it's really almost insulting that the presumption here is we're going to negotiate something that allow them to have a nuclear weapon.

>> i'm not saying there's a grand bargain. what i'm saying is i believe that our military strategy towards isis is influenced by our desire not to cross red lines. >> absolutely not in the least. there's no consideration whatsoever as to how they or anybody else. we will do whatever is necessary in con jupgz with the coalition. remember, we have 62 countries. five sunni countries that for the first time ever are engaged in military action in another country in the region. bill: obviously he disagreed with the entire point there but there are other republican senators picking up on the idea that iran is a lynch pin for a lot of this. we'll be right back. so what about that stock? sure thing, right? actually, knowing the kind of risk that you're comfortable with i'd steer clear. really? really.

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bill: they made a lot of money off the song too.

are you arguing there's no difference? martha: i'm arguing that the bass line is similar but the rest of the music and melody is different. that makes it a different song. bill: the jury disagrees. martha: i was not on the jury. bill: on radio. see you soon everybody. jon: fox news alert. 11 service members now presumed dead after an army helicopter crash off the florida panhandle. good morning to you. i'm jon scott. jenna: good morning. seven marines and four soldiers were on the black hawk helicopter for a routine night training mission out of eggland air force base when it was reported missing last night. early this morning search and rescue crews found debris in the water and officials now say human remains also washed ashore. steve is joining us live from the miami bureau with more on this.