going to park one out of our plaza i think. nice job. how does that hand feel? >> good job. >> very nice. >> thank you for joining us. have a great day see you tomorrow everybody. bill: , breaking news. more aftershocks rocking the country of nepal. 3,600 confirmed dead in the worst quake there in more than 80 years. i'm bill hemmer. welcome to a brand-new week of "america's newsroom." martha: a search and recovery effort under way on mount everest. the moment of impact caught on tape. watch this.

bill: just a wall of heavy snow coming right at you. 7 people dead in that slide including three americans. a google executive was climbing everest to map the location for a google maps feature. martha: we are getting a new look at how devastating this earthquake was. buildings shaking back and forth until many of them came tumbling down.

100 earthquake and aftershocks have jolted nepal so far and of course that hamper the work. bill: it was a 7.2 magnitude quake. david piper is live in bangkok thailand with the frantic relief effort that continue from all corners of the world. >> reporter: the death toll could rye considerably the next couple days. whole villages have been wiped out near the epicenter of the quake. it's now feared mountainous villages could have been december pay thed by the quake.

the number of injured people arriving from outlying areas is overwhelming hospitals. rescue teams continue to dig at collapsed buildings in the hope of finding survivors despite more aftershocks. people have lost their homes or fear returning to them because of aftershocks. the fear of the moment is there isn't adequate food and water in the capital. agencies are warning there is the danger of disease breaking out. march report search effort continue thes on mount everest 100 miles from the epicenter of the quake. a popular place for tourists and adventure seekers.

chief correspondent jonathan hunt with the latest on this. who are the americans who were lost sonar this disaster? >> reporter: three americans confirmed dead so far. one was a google executive. an avid climber who had been on everest for the past three weeks. he was described by his sister as a hilarious strong-willed man. >> he was a wild man the best sense of the world. he just would always go full tilt on whatever it was. >> reporter: taplan was a santa monica-based documentary filmmaker. >> a lot of people think of him as a larger than life

individual. we'll gravitated to him because he was so full of energy and loved adventures. >> reporter: the third american confirmed to have been killed a doctor with a seattle-based engineering company. her friends said she died doing what she loved. march around u.s. aid is on the way to those affected by this? >> reporter: secretary of state john kerry announced the u.s. will donate $1 million to the relief efforts. there are also rescue teams on the way. 57 l.a. county firefighters among them. and they are hoping to get to the harder to reach parts of the

affected area. >> we'll hopefully push out to the outlying areas that need that attention. and apply our assessment. >> all this and a lot more likely to be needed over the coming weeks. the death toll likely to rise still further. i should point out that we do know of the names of on the per americans who were in the area who have not yet been heard from. 3,000 americans live in nepal and another 3,000 to 4,000 visit there during what is the current peak season. bill: mount everest is a very popular place for tourists and it's important to that country for income. an estimated 300,000 foreign tourists are in the country.

nepal tracks 1 million visitors every year. i was in nepal several years ago. as a people they are kind and sweet and patient and this an enormous challenge we are seeing in these images today. the clinton foundation apologizing for improperly reporting some of its donations. this comes as a new book focuses on the ties between the foundation and hillary clinton's time at the state department. >> the fact that you find it's an extensive pattern. it's not one or two examples. when you have one or two

examples it's coincidence. when you have this many, it's a trend. bill: the clinton camp is saying they turned the corner on this. how is that possible when the book has been out the last 9 the or 10 days. >> the clintons are saying switzer has not presented any evidence to present any criminal charges of criminal activity by anybody the clinton foundation world. secondly about the uranium deal that we discussed a few days ago that benefited donors that had to be approved by a number of top u.s. officials including secretary of state hillary clinton. they are saying there is know evidence hillary clinton played any role in that or did anything in exchange for anything else. those are the basic contours of

the clinton defense we'll see. bill: they are going after switzer for what he said over the weekend. what did he say? >> his argument is basically of course i don't have evidence of criminal activity, i'm not a prosecutor i don't have seen a power. but he's saying he found evidence of 11 different cases in which basically people gave large amounts of money to the clinton foundation and good things happened to them right after that. he says in insider trading there is very seldom a phone call or memo that says if you do this, i'll do that. he says you make a case on a pattern of behavior. he says the pattern exists and it will be outlined in the book. the book doesn't come out until

a week from tomorrow. bill: there is a significant legal angle on this. where does it go next? >> switzer is suggesting there could be in totality evidence for a criminal investigation. we are in a super charged political atmosphere right now. if they do hunker down that would be a weird situation. would a congressional committee look at it? you might see something like that. the clinton organization announced it will refile tax documents to fix this takes from the past. bill: there will be obviously more to come. martha: there are comparisons to insider trading investigations. how difficult and painful it is to make the connections. he's saying his book is laying

out an argument for further investigation. we'll seal where that goes. in the mean:00 -- in the meantime president george w. bush opening up on obama's presidency. bill: twisters dumping hail the size of baseballs in texas. martha: republican presidential candidates speak being their faith in iowa. how will religion play in these primaries? >> we need leaders who will stand unapologetically in defense of marriage and life. m sends craig wilson a ready for you alert the second his room is ready, ya know what he becomes? great proposal! let'stalk more over golf. great. how about over tennis? even better.

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martha: protests put on hold as thousands gather for the funeral of freddie gray. three splifers suffered minor injuries. store fronts on the waterfront wear damaged. camden yard was put in lockdown during the baseball game because of the chaos going on outside.

gray died last sunday after receiving spinal injuries while in police custody. >> bill: president george w. bush made comments about the obama administration. he said a lot of things. let's start with iran. stop screen this is was he reportedly said. you have got to ask yourself, is it a new policy or did they just change the spokesman. you think the middle east is chaotic now what will it look like for our grandchildren? >> you have to put the comments

in context with the comments president obama is receiving. we have chuck schumer and a senior member of the foreign relations committee on the democratic side, senator menendez, they are all trying to tell president obama that his obsession with a deal at any cost is scaring the world. president obama put into context the fact that you have to take more than just a 5 or 10-year view. bill: he called rouhani smooth. there is another topic that came up. this ways the former president said about that. remember the guy no who slit danny pearl's throat is in gitmo and now they are doing it on tv.

in order to be an effective president, when you say something you have to mean it. you have to kill em. >> they are killing christians and members of the islamic faith they don't agree with there. this is a travesty and the united states has to step up and lead. lead. members of both parties are concerned. bill: he said when i call on your military and say what's your plan when the plan wasn't work in iraq we changed our plan. he's been quite for 6 1/2 years. why the shirt now do you believe? >> i'm sure he keeps in touch with leaders around the world.

i'm sure he has been getting phone call from most of the significant leaders in the united states. and i think the -- if you will the pressure of that kind of communication suggests to george w. bush that this was time to put something on the table. it wasn't well -- it was a relatively private meeting behind closed doors but there were a few hundred people there and i'm sure he knew egg he said would get out. bill: you believe the foreign leaders, they are the ones who pressures 43 to go public. >> i use the word pressure. that's probably not the right word. i think their concern have encouraged them to do at least we did behind closed doors this weekend. bill: do you think him talking now change anything with the

administration? >> i'm not sure anything can change this administration. this president seems to be bent on a deal at any cost. that's what's scaring everyone. i think you will see more and more of the democrats beginning to speak up as details of what the president might be gig a -- give away. everybody is just hoping whatever obama does, it's not so bad it can't be undone by the next administration. martha: there is another major search and rescue operation of after a powerful storm swept through a boat race off the alabama coastline. we'll have the detail as crew scramble to find some surveys. bill: the man who police say opened fire in a packed movie theater killing 12 fine hi

having his day in court today. the jury mutt decide whether james holmes was sane when he pulled that trigger inside that dark theater. >> we are having units get into the scene now. there may be somebody actively shooting.

bill: there is more fallout after a boat race a alabama turned deadly. authorities say at least 40 people so far have been rescued. >> our information tells us there are up to 10 vessels.

most are not from the regatta. the other vessels were smaller vessels, some of of them unknown. bill: that search continues. the gentleman says not all those involved were in the race. martha: james holmes pled not guilty by reason of insanity for the 2012 attack that left 12 people dead and 70 others injured in the colorado movie theater attack. colorado has been obviously waiting for this trial to get underway for a very long time. >> the folks of arapahoe county are the population poll of which

selection was so delicate. the family fear the rest of the world with forget what this is about. people like-year-old veronica sullivan. the youngest victim shot four times. an officer choked back tears trying to hold him as he tried to move out of a moving car to find his daughter. his wife was left pair lied. five different trial dates have been set. two different judges have served. more than 17,000 motion,s, orders and documents have been filed with the courts. martha: what do we expect today?

>> reporter: the prosecution goes first. the district attorney is expected to remind jurors of the horrors of july 2012. he's charged with murdering 12 people at the you aurora 16 center. they say he purchased assault rifles and bomb-making materials. he booby trapped his apartment. the d.a. says in this case justice is done. bill: a tough trial there. the u.s. drone program in the crosshairs after the death of a

u.s. hostage. there is a report that president obama secretly relaxed the rules on drone strikes. >> he flies into the stands. did he make the catch? yes, he did. martha: royals left fielder alex gordon goes three ropes deep -- three rows deep into the stand. but the game didn't end quite the way fans had hoped. ♪ ...around the clock tonight. we're gonna pop, pop, pop ♪ ♪ ... 'till the broad daylight. ♪ ♪ we're gonna pop around the clock tonight. ♪ pop in new tide pods plus febreze

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♪ (mom) when our little girl was born we got a subaru. it's where she said her first word. (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever. the back seat of my subaru is where she grew up. what? (announcer) the 2015 subaru forester (girl) what? (announcer) built to be there for your family. love. it's what makes a subaru a subaru. bill: we have brand-new images of the massive quake in nepal. you see all the buildings

destroyed and the people sleeping outside. that's either because they don't have a home to go back to or they fear another aftershock to come other structures may not be strong enough to sleep in. that monument stood for 200 years. it's now on the ground. rescuers tried to reach climbers trapped on mount everest. we are told several dozen have been air lifted off the mountain after a massive after launch triggered by the quake. 17 people died, including three americans on mount everest. martha: a report that president obama secretly changed the rules on drone strikes in pakistan. this news come after the word of

the death of american whose stand warren wineshine. giovanni lo porto. >> we conduct counter tear i'm efforts in the region because it's the home of al qaeda's leadership. general jack keane is with us. >> what actually happened is in 2013 due to criticism of the drone program back there largely it was in the president's own party he made changes to the program. he established when it came to the target itself you had to have quote near certainty no civilians were involved. and number two the second change you had to make certain

the target was a direct threat to the united states and it had to be an imminent threat. that is what drives the drone program to date. however, what this story is about is that he made an exception to those rules for pakistan because that is where the al qaeda is present. the near certainly in terms of the target for civilians stays in the program for pakistan. however, he did not apply the restriction that it had to be a direct threat to the united states. a pattern of behavior that indicates they are terrorists is sufficient to be able to target. you don't have to know which terrorists are there and whether there is a high-value target leader present there. >> they used heat-seeking technology and they felt there were four human beings in that

location. when the dead were pulled out there turned out to be six. they think warren weinstein and giovanni lo porto may have been in tunnels or under ground in this operation. there is a lot of dispute about whether the cia should be carrying out the operations or the u.s. military should be the lead on these decisions. >> prior to 9/11 the cia didn't do this power military work. there has been to discussion post-9/11 because we were all caught up in the throes of most 9/11 and the activity around al qaeda. but upon reflection there is a thought that paramilitary operations particularly as it applies to drones should be goifnt united states military which has a large drone program used mostly in support of its own troops on the ground. and also a classified program

executed in yemen and somalia. that's where the discussion lies. should it be moved in that direction of the united states military and get this out of the hands of the cia. pmple one of the reluctant reasons to moist theres been a center established for years now, we have highly skilled operators there and analysts and supervisors. these preement who tracked double osama bin laden. many of those stay on the jobs longer than the military stay on their jobs. martha: with the decision to disclose the fact that this was a cia operation. they are saying transparency is the best motivation. the cia according to these reports was not too happy about

that decision. >> i think that's probably an accurate report. certainly all of our operations. the more you talk about it, the reality is the more the enemy is able to put in mechanisms to prevents us from being successful. so from their perspective and the department of defense perspective they would rather not talk about these things. but you can also from the perspective of what took place here. that two civilians were killed. despite the extraordinary efforts, going as far as putting heat seeking drones in there. at least nobody beyond the four that they knot thought were in -- that they thought were in there. i think the tension inside our government is a good thing not a bad thing. this is america. transparency is important. but i understand why the central intelligence agency wants to protect how they do things and

what they do for the success of future operations. martha: general thank you very much. bill: alex gordon flying into the stands to catch the ball. the fans acted like mattress for him. the manager saying, next time we'll get the ball go. martha: there are new details about what she's saying about the allegations of influence peddling. will there be a criminal investigation here? bill: republicans not afraid to talk about faith with the voters. our panel next on religion in

the presidential primary. >> like the or not this country was found on some basic biblical principles and those principles have been forgotten.

martha: it's royal baby watch 2015 with prince william and kate's second baby scheduled to arrive. the duchess of cambridge made her final appearance wednesday a week ago but has been receiving visitors at kensington palace. no word on whether prince george will be getting a little brother or little sister. the second baby never gets as much attention. bill: what do you think? martha: i don't know. i think it's probably a girl. what do you think? bill: i don't have any idea.

mother of three you can look and say ... martha: i think it might be a girl this time. we shall see. harris: republican presidential hope you willfuls talking about faith and speaking about the role of religion in their lives. >> like the or not this country was found on some basic biblical principles and those principles have been forgotten. >> i'm concerned we'll be that generation ronald reagan talked about in his great speech, where he said freedom is never more than one generation away from extinction. >> freedom even guide our creator, defind our constitution and defended each and every day by the men and women who proudly wear the uniform of these united states. >> we need leaders who will

stand unapologetically of the defense of the judeo-christian values america was founded on. we need leaders who will stand unapologetically in defense of marriage and life. bill: maryanne marsh. chris christy was there but everyone else seemed to be there. in iowa, religion matters arguably more so than the other states. who has an edge based on this? >> based on the reporting it seems the new faces bobby jindal carlie fiorina scott walker were the ones to were able to get their names out to voters and put out their

platform not only and faith issues other issues as well. people got to know them. this matters in iowa. but freedom of religion also matters in other states and it matters in south carolina. this is a setup for that. a lot of them have the same kind of position on religious freedom. they touched on the obama administration's first amendment. bill: basically in iowa you have got to come with the best message to win. if you manage to win the nomination lit hurt you in the general election. it has been decade since any republican has won the new hampshire caucus and the presidential pry mayoraly. still what you see here is you have so many republican candidate and so many of them

running as christian religious conservatives they could divide up the book and allow someone like jeb bush to win the caucus. bill: when you look at the hotpots around the world, christians are under fire. does that make this question for significant? >> it comes at an important time in history when we have a christian genocide in the middle east. we have christians being killed for praying. i think go candidate -- i think gop candidate have an opportunity to look at what we are going do moving forward

so that everyone is protected under the first amendment. america is suppose to be an example. it comes at a time that's important for them to take a stand because the administration has not. it's been detrimental to the christian faith which has been around in the middle east for centuries. bill: is the issue now more relevant given the news of the day? >> positions republicans take in iowa are out of step with voters on gay marriage and reproductive rights. you also see an effort to go after jewish voters to offset that. you can hold the evangelical base even though they oppose gay marriage by trying to bring over some of the jewish voters. they are going to try to replicate what they started in

the 80s with catholics. when you look at that, that's where americans look at the person they want to be the next president of the united states and say do you reflect the things i believe in and values. i think that trumps everything. bill: several attendees said they left after hours of speeches overwhelmed by the selection of candidate who they consider to be strong. how do you stand out when the stable is that crowded? >> i think people have been doing a good job of stand out on their own based on the variety and diversity of background. carlie fiorina has adifferent background and bobby and ted cruz. all the candidate are very strong. and voters are going to have a tough decision based on not

having a weak field but a strong field. it will be difficult for the democrats with a weak and thin bench to combat that. bill: mary anne does that go to your point about splitting the deck on that? >> i think when you look at the iowa caucasus and the republican field. you have 9 candidate there this weekend. that can split the field in a way if jeb bush ever won iowa and new hampshire the process is or. otherwise you could have a different winner in iowa, new hampshire south carolina ... >> we are talking about jeb bush is not a religious conservative when he is a pro life religious conservative.

just because he wasn't there this weekend doesn't mean he doesn't believe in citian values. the majority of the country is pro life. martha: the scandal that surround the hillary clinton campaign right now and new questions about whether democrats will have to look for a deeper bench. john roberts is up next on that. bill these these severe storms bringing massive hail and more could be on the way for today. >> look at those hailstone. look at that. look at that. that's ridiculous.

bill: severe storms hitting many parts of the country. downed tree and other damage spotted there. witnesses captured a dramatic video funnel cloud. there was also baseball size hail coming down north of fort worth. and that will leave a mark on your car. some drivers reporting damage to their vehicles. martha: hillary clinton may be the only democratic presidential candidate to make it official but she is not the only one who hassize on the white house. former senator jim web made a second trip to iowa. >> reporter: when you look at

the democratic field you have hillary clinton and not much else. but all the controversy swirling around her has many democrats in iowa look for an alternative. former virginia senator jim web is hoping he might be that alternative. he was appearing at one of those famous living room events with veterans. webb was careful not to cite see you hillary directly. >> what do you think about all that? >> i'm not putting it into the formula. those are things they have the capability of responding to. i'll sure they will have their answers. we are trying to connect on the issues we care about and have been working on. >> reporter: webb is presenting himself as leadership you can trust. one woman says she was gung-ho

for hillary in 2008. >> i think she has a lot of of issues she need to deal with. i don't think she is a slam dunk. and i would be a bit concerned where our country is going. >> reporter: a real sense among that group that they want a robust debate among the candidate and the last thing they want is a coronation. martha: she is going to raise 2.5 billion dollars so how does jim web compete with that? >> if there is any place in the world where you can make a little money go along way. it's iowa. there was a contrast between that webb event and what hillary clinton did last week when she was here.

bill: silent no more. president bush slamming president obama on foreign policy. why now? brit hume will analyze that next. ners... 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. when laquinta.com sends craig wilson a ready for you alert the second his room is ready, ya know what he becomes? great proposal! let'stalk more over golf. great. how about over tennis? even better. a game changer! the ready for you alert, only at laquinta.com.

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oh, thank you, thank you. you're welcome. are you ready to go? oh, i sure am. we can provide the right care, right at home. martha: president george w. bush breaking his longstanding silence on president obama slamming white house actions on the middle east and the nuclear deal that is in the works with iran. welcome everybody, brand new hour of "america's newsroom" starts right now. i'm martha maccallum. bill: i'm bill hemmer. good morning. 43 harshly critical of 44. these are rare but pointed remarks offering a stark assessment of president obama's foreign policies including his approach on iran the fight against isis and chaos ongoing in iraq. president bush quoted saying as following. in order to be effective president when you say something you have to mean it. you have to kill them, end quote. >> joined by brit hume, fox news senior political analyst.

good morning to you. >> hi, martha. martha: what do you think about this? >> i would note a couple of things. one is, one of the things he said he will stay off the campaign trail. so i don't think this is the beginning of a series of attacks by him such as those who heard maybe repeatedly by dick cheney, for example. second this was behind closed doors. i don't think he was unaware of the possibility these remarks might leak out. indeed, martha, they seemed to leak out all over the place. he probably knew they were public. they weren't excessively personal. they were pretty pointed. this is what he thinks. this is what an awful lot of people think who are critical of this administration's foreign policy of course this administration's foreign policy seems to represent an attempt to do nothing the predecessor did and avoid everything, everything he everything he did and and so it is not surprising that the former president feels this way. martha: yeah. i mean there is a level of frustration perhaps. he has been very reverent of the

office, not wanting to step on what the president is trying to do. but it appears that may have boiled over a little bit. he started to be a little freer of his comments. look at couple more of these. at least 12 people according "new york times" attributed the quotes to their account. let's put these up and look at other two. you think the middle east is chaotic now? imagine what it looks likes for our grandchildren. that is how americans should view this deal in speaking specifically about the tehran deal. he went on to say, remember the guy who slit danny pearl's throat is in gitmo. now, they are doing it on television. what do you make of those two, brit? >> well, in my opinion, obviously pointed at the obama administration's policies and actions. president trying so gitmo for example, which he has been trying to do since day one. we have more episodes of the kind so horrified when danny

pearl was murdered. khalid sheikh mohammad is in gitmo. the president would like to close the place. and, on that iran deal, you know, that is not really that critical when you think about the fact that all of this deal is designed to do is to retard iran's march toward a nuclear weapon for a period of time and the deal itself lasts, what, as far as we know about 10 years. so when he is talking about the your grandchildren, he is making what might be considered when you think about it, a not particularly controversial comment. martha: you know you mentioned before about what he said about not campaigning. you won't see me out there when he talked about jeb. he was very positive about his brother. he said qualities that you look for in a president authenticity, trust, all of those are things he sees in his brother but how do you foresee this playing out? if job does get the nomination, how does president bush 43 how

does he navigate that? >> my guess he remains in the background. it will be interesting if he appears at the convention. if he appears at the convention will be asked to speak. he wasn't the last time, last two times if memory serves. my suspicion is, that he may be there in the box with the rest of the family. we may see him. but i'm not sure we'll hear very much from him. i think he intends to stay off the trail. you notice, he has been critical of his successor. he didn't say anything about hillary clinton. martha: no he did not. good point. brit, thank you very much. >> you bet martha. bill: still the clinton campaign speaking of hillary clinton ramping up attacks against the author of "clinton cash," claiming he doesn't have fact to back up his accusations pay to pay. ed henry live in washington. >> good morning bill. bill: you looked at the memo that came out of the clinton camp. what are they arguing, ed? >> reporter: they're trying to

claim and being overly optimisticking turning the corner what happened sunday shows yesterday. peter schweizer author of book "clinton cash," chris wallace of "fox news sunday" and george stephanopoulos of abc news. one thing the clinton camp trying to zero on, when pressed peter schweizer does not admit that he has direct evidence that secretary of state hillary clinton signed off on the uranium one deal and that was part of fox news's show and there was no direct evidence she signed off on it. our own special acknowledged, others acknowledged several agencies have to sign off on this but they're not denying again that she did have a direct role. is there email somewhere showing that she signed off on it? we don't know, because we haven't seen that evidence. so the author is saying look, he doesn't have the direct evidence. he is trying to be honest about thatobut is not sure if there is more out there. the clinton camp is trying to

seize on that to say nothing is proven here. bill: is the foundation scrambling to fix past mistakes? what is happening there, ed. >> reporter: over the weekend the foundation apologizing that they made mistakes. they didn't fully disclose foreign donors, for example. they are now admitting they have to fix tax returns for several years. that doesn't look good for the foundation. the other thing i found really interesting, they now announced that former president bill clinton you see him there as well as chelsea clinton remember taking on a bigger role at the foundation and families dealings on this crisis, she spoke out last week in new york about it, said they will be more transparent. bill: bill and chelsea clinton are going more than a week, late april, early may to africa to highlight some of the good things about the clinton foundation. why is that interesting? number one may 5th when the book officially comes out bill and chelsea clinton will be in africa trying to push back on

that. bill: thanks, ed henry. with more on that. thanks from washington. martha: funeral services are set to get underway soon for a baltimore man who died while he was in custody with the police. officers admit that they failed to get immediate medical attention for freddie gray when he suffered a spinal cord injury. his death sparked massive protests across the city over the weekend. some of them turned violent doug mckelway was in baltimore today. things got ugly saturday night and in general over the weekend. set the scene. >> reporter: all is very calm here this morning. we would expect it to remain so at shiloh baptist church where the funeral is expected to take place. this church is deeply respected in the african-american community and christian church and highly unlikely to see outbreaks of violence at least at this time. this big, beautiful, new church is in a blighted community. a community of burned out blighted row houses boarded up

business businesses. "the baltimore sun," noted neighborhood that freddie grey grew up and lived has doubled unemployment rate of city as a whole. there are twice as many liquor stores. a quarter of the buildings are say can't. between 2005, and 2009, one out of every four juveniles in the neighborhood was arrested. the stark reality it is a very tough blighted neighborhood. after the death of freddie gray, baltimore is on high alert for more rioting. saturday night a few bliss businesses and police cars had their windows smashed. ticketholders at the baltimore oriole game were told to remain in place. as it wended from the african-american communities and more tourist parts of town like camden yards it got tougher. the baltimore mayor said she allowed some violence. those intent to destroy should

be allowed to do so to strike a balance. elijah cummings, said there were outside instigators. >> very peaceful all day. thousands of people. in the end there were a few people said we're going to turn this city down. we're going to close it down. and next thing you know, we had a few people mainly from out of town to come and to start beating up on police cars and throwing all kinds of projectiles. >> reporter: that may be true but it is also true that there is tremendous anger in the city of baltimore as we speak. martha? martha: doug, thank you very much. bill: what are we learning today after the devastating earthquake killed thousands and triggered a deadly avalanche on mt. everest? watch. >> move. move. [bleep] [bleep] [bleep] bill: at least three americans

among the dead. the latest on the search and recovery efforts ongoing in the country of nepal. martha: the colorado movie massacre trial gets underway today, nearly three years after james holmes killed 12 people. those are the charges against him, and wounded 70 others. will jurors buy the insanity defense? bill: the u.s. government rethinking it is policy on american hostages. one family paying ransom. while others have been warned against that. >> we were told that we might be prosecuted. big deal. i would rather be in prison here than my son being in prison over there.

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bill: new reports that president obama was victim of a russian cyberattack. some of the president's personal elves mails personally accessed in an attack last october in an attack against the white house and state department. exchanges between the president and outside of the administration but did not contain any lastfied information. -- classified information. martha: confessed cole shooter james holmes in court today for day one of his murder trial almost three years after that horrific attack. he admits killing 12 people and wounding 70 others inside of that packed movie theater at a midnight showing of the batman movie in july of 2012. holz has pled not guilty to murder and attempted murder by reason of insanity.

that defense now shifts a heavy burden to the prosecutors. judge andrew napolitano is fox news senior judicial analyst. he joins me now. interesting judge in colorado. that once a psychiatrist has deemed him to be insane, you say that the burden then falls on the state to prove that he is sane? >> yes that is clearly outlined in colorado law. it is actually the law including our home state in new jersey in 36 of the 50 states. so not only do they have to prove that he did it, they have to prove beyond a reasonable doubt that he was insane. that is highest level -- beyond a reasonable doubt that he was sane. that is highest prove there is. if the case was in texas the burden would be on him to prove he was insane. so the state has a very, very difficult burden here. look he offered to plead guilty by reason of insanity. he would be in a mental institution for the rest of his life. the state rejected that offer

because they want to execute him because of the horrific nature of what happened here. and the totally, purely innocent children that were slaughtered. martha: so this trial becomes about that question? >> yes. martha: the fact that he did this, is not in question in this trl. the trial becomes whether or not james holmes is insane? >> he will put on a bunch of of psychiatrists. first the state will put on psychiatrists to say he is sane. then he will put on psychiatrists to say he is insane. the jury will have decide who they believe. martha: this brings up discussions about premeditation what he was planning for. look at weapons he gathered in anticipation of this. two glock pistols. the list goes on and on. one shotgun. he had a rifle as well, an ar-15 rifle as well in there. the 6,000 rounds of ammunition. >> cow. martha: also on that list, and let's also take a look at the little girl just one of the 12

who were killed on that day. her name is veronica moser sullivan. her mother who was pregnant, lost the baby, miscarried and was paralyzed. her father, a harrowing story, who was injured in the head, was in a police vehicle and tried to get out of the car to go back to find his daughter. i mean, so, how can you argue that he didn't know what he was doing, when you're going from one person to the next person, to the next person at no point does your sanity kick in and say these are not mannequins, this is not a movie this is real? >> well, that is the argument the government's psychiatrist will make. remember insanity, legal insanity means a mental defect so strong and overbearing that he didn't know right from wrong. for example he thought he was part of the movie or thought these people he were killing but not people but mannequins. is really a very, very difficult

standard to put premeditated behavior into that box. the more premeditated behavior there is, the more difficult it will be, the easier it will be for the state to prove sanity. 6 thou rounds of ammunition. that is couple hundred pounds. he lugged all that -- martha: booby-trapped his apartment as well so when people came looking for him they might be lost in that search as well. talk to us about the mental deficiency part of this. that goes to the death penalty as well, correct? >> yes. the state is seeking the death penalty. getting too much into the weeds if the jury decide they reject the insanity defense and find him guilty but they say he is mentally deficient he is not all there, if you know his background and behavior there is clearly something missing, he is not a normal human being. that presents another problem for the state. the supreme court has said that it is unconstitutional to execute mentally deficient. he could be found guilty, but

mentally deficient. he will go to a offered to do, 7 million tax dollars ago spent by the state of colorado, which is funding his defense. martha: like john hingeally he may be let out. given a lot of freedom. that is what you consider putting someone in mental institution they sometimes don't end up staying for that duration. >> yes, thank you very much. martha: bill? bill: going through that. the clinton foundation admitting quote making some mistakes reporting some of its donations? will voters buy that? ed rollins and joe trippi on a monday on that. plus there is this. >> move, move. [bleep] [bleep]. [bleep] [bleep]. martha: the race against time. dozens of climbers trapped on mt. everest, following a deadly earthquake in knee ball.

what challenges do those rescue crews face? look at this as that came tumbling down. we'll talk to a man that knows he have everest well. coming up next.

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martha: protesters attacking government offices demanning answers in the disappearance of 43 students in southern mexico. wow, look at that the demonstrators ramming a stolen truck into a government building destroying the entrance. some setting fire then to the truck. while others threw rocks at the office windows. police used tear gas to break up the group. it has been seven months since the students disappeared. the attorney general declined to

prosecute police officers implicated in that crime. bill: fox news alert. new information on panic and fear from dozens climbers as though try to outrun a monter russ avalanche when the earthquake shook. >> move, move. [bleep] [bleep] [bleep] [inaudible]. bill: amazing to watch that, wow. the avalanche triggered by that massive earthquake, 7.8 in nepal that left more than 3600 people dead including three americans among the thousands of people trying to make their way up everest at moment of impact. there were hundred hundreds on the mountain at that time.

our next guest knows how dangerous that can be. she is part of a woman's expedition team and member of the mountain rescue association. lisa good morning to you. >> good morning. bill: you get ready for a climb like this you expect landslides and a avalanche but not triggered about by an a earthquake lisa? >> mount everest, it's a dangerous place sometimes but yeah you there are things that you expect like ice fall and when an or an earthquake triggers something like that, it can definitely catch people off-guard. bill: yeah. i know you tried to summit everest a while back. you got right near the summit at 28,750 feet. >> right. bill: before you had to descend. you have been watching this and following this and how do you prior to climbing everest prepare yourself for the possibility, or the threat of an avalanche? >> you know, most climbers that

go there realize that ice fall and things like that an avalanche, those are objective hazards we can't control and you always have to remember in the back of your mind that that is a very real possibility. and, you have to be ready to deal with the consequences. if that means also losing a summit bid that is always a possibility. bill: your life comes first. >> that's right. bill: you've been staying in touch with this story clearly. there were 17 killed on everest after that avalanche. at least 100 were taking off by helicopter. what are you picking up now lisa? >> it is tragic. i feel for those climbers that were up there. i imagine a lot of them have a sense of helplessness. they know the tragedy and things that have gone on in base camp. to be up on the mountain themselves worrying about their friends at base camp and teammates. worried about themselves and their climbers and how to, how

to most safely get off the mountain. bill: in addition you've had several aftershocks too some of those very strong. >> that's right. bill: the case that the threat is not over, lisa. >> no. that is why going through, descending everest through the ice fall would be just a horrific thought, at this point. bill: what is the ice fall? >> yeah, that is the ice fall. that is the pretty much the most difficult section going from base camp up to camp one and for our climbers that want to get back down to base camp, having to negotiate the ice fall area, when there is possibilities of aftershock and the route being taken out through there i mean really, the safest means of rescue would be helicopter. bill: the only w the nepalees people. they may be poor but rich in spirit as you well know. really heart of the world goes out to them right now during a very tough time. >> they are. bill: lisa, thank you for your

knowledge today. lisa rust from oregon on the phone with us. thank you lisa. martha. martha: the u.s. government rethinking its policies after two american hostages were killed in a drone strike including this man whose family paid ransom in hopes of bringing him home. bill: the daredevil nick with lend today setting his sights on the orlando eye. the legendary rope walker, getting ready for what he says will be his most dangerous stunt ever. ♪ e. ltiple medications, a dry mouth can be a common side effect. that's why there's biotene. it comes in oral rinse spray or gel so there's moisturizing relief for everyone. biotene, for people who suffer from a dry mouth.

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this critical week on this whole thing? >> reporter: martha, some are talking about what would make up a good deal with the iranians. for example, not lifting sanctions until there is full compliance by iran to the inspection regime. there is must be ability to inspect the iranian facilities that have been used in the past. >> i would love to have a good deal to end the nuclear ambitions of the iranians. i don't trust the iranians. they were been lying and cheating and getting nuclear capability to iranians that you would have a nuclear arms race. that would bs biggest consequence after bad deal. >> reporter: there is serious focus on doing whatever it takes to shut down a weak agreement. martha. martha: the administration has their own perspective. where do they stand on it? >> there is praise working with key senators working with the obama administration to make sure it doesn't derail the

talks. praised ben cardin making sure congress get as look at the agreement but doesn't get too far into the substance of it. >> this legislation will be on the floor of the senate this week. there will be a lot of pretty aweful amendments quite frankly. we'll see where we end up. the president has said that if the corker-cardin legislation stays where it is he will not veto it. if it becomes something else, he will have to consider his options. >> reporter: in the current senate majority leader mitch mcconnell has very open amendment process. all eyes are will be on what lawmakers try to add to the current legislation. martha? martha: we will see. mike, thank you very much. bill: there is a potential shift in national policy regards hostage situations overseas. the white house said to be reviewing procedures amid reports that the family of this american hostage killed in a recent us air strike in january, paid the terrorists to free him. $250,000. they were unsuccessful.

the obama administration has previously warned paying ransom could result in prosecution. a spokesman for the weinstein family released this. quote, this is an ordinary american family around they are not familiar with how one manage as kidnapping. as such, they took the advice of those in government who deal with such issues on regular basis and were disappointed their efforts were not ultimately successful. pete hegseth, ceo of concerned veterans for americas and fox news contributor. chris voss, former fbi special agent and terrorism expert. good day to both of you. wine steens paid $250,000 and that went nowhere you ultimately. i should point out the rules say you will be prosecuted if you pay ransom, no american, chris has ever been forced to pay for that ransom in terms of a prosecution. if the policy changes, chris, do you support it? >> well, the real problem here is that the weinsteins were left

to drift on their own. the policy as written, if the implementers understand it, the policy covers these sorts of situations and should have been implemented more effectively. the problem here is not a policy review. the problem is core of who is implementing the decisions on behalf of the government, they didn't do a good job and didn't support the weinsteins. bill: i see. pete, where are you on that? do you support the change or not? >> i empathize where they're coming from. i don't think we want to open pandora's box of private negotiations. we shouldn't be prosecuting. chris is exactly right. there was very little coordination across government. this family was getting very little communication. and they were watching the commander-in-chief having no strategy against the enemy and folks holding their son. they're left flapping in the wind doing anything they can. they are not effective. chris is hostage negotiator. he knows how to do it. this is regular american family. how could they know? the government put them in an

impossible situation. we shouldn't be prosecuting them but i don't think it's a good step. bill: chris, based on your knowledge, how in the world do you trust the other side. >> it is not a matter of trusting the other side, it is figuring out where they're predictable. you don't trust them. the best predictor of future behavior is past behavior. what they look like when they're lying, what they look like when they're telling the truth. every group has a way to keep deals. you have to know what they look like. that is something the weinsteins did not have the capability. bill: that is such a shame. chris, do you believe if there is a policy change like this that will open the door for others to pay ransom? >> bill again, if you will forgive me, the policy as it is fine. the people that were implementing didn't do a good job. so say there needs to be a change in policy, to remove the responsibility from who screwed up. bill: pete, you wonder long term if you're going to allow

people to go ahead and avoid the fear of prosecution, that they would likely perhaps be encouraged. they want to bring their family member home and will do it at any cost. does this lead to a point where the government is helping facilitate the ransom payment? because that is an area where i don't believe publicly we've ever gone before. >> yeah, you could see this going in so many weird and unhelpful directions. you could see go fund me campaigns to get enough, raise enough money to get at someone back because the government refuses to do it. it sends conflicting signals to whomever we're talking to. we don't publicly negotiate with terrorists at all. there are always shades of gray in conversations behind the scenes. no big public concession. if you open this you, the optics of our enemies, want to take advantage of targets of opportunity, not only can i work with the government as we saw with swaps that have been made in other scenarios, now you have

the opportunity to extort from wealthy families or enemies of the american public on a side deal. as we saw they tried to pay $250,000 it went know where. ultimately chris is right. this is on the back of those who have not dealt with these situations well under this administration. failed to communicate failed to coordinate, as a result we have bad outcomes. bill: chris, do you want to address that possibility, if you're changing policy, about where it could lead? >> well, yeah if you leave families to cope with this completely on their own if you sort of cover your eyes and could ever your ears and pretend this is going on, families will continue to have their money stolen and hostages will not come out. they will get killed in drone strikes by the kidnappers. so to simply say, all right we'll let their families pay and pretend it is not going on is really a bad idea. bill: chris voss, thank you for coming in today. pete hegseth nice to see you again as well. >> thanks bill. martha: author of the book,

"clinton cash," claims there is disturbing pattern in the work of the clinton foundation. >> the fundamental question is, with this deal and with others that we cite in the book, is it coincidence, is it coincidence in pattern we see repeated dozens of times? martha: is it? clinton campaign says don't worry. it is all accounting errors. we have fixed them. will that fly with the american voter? bill: good question. also a road hazard leading to a dramatic crash here.

martha: over the weekend the clinton foundation fessing up to major omissions on federal tax returns hiding the source of controversial donations. they're saying it is all a simple mistake. it is a big foundation. these things happen. that's the argument. the clinton camp is attacking the messenger calling the book, "clinton cash," quote a tangled

web of conspiracy theories they say. ed rollins, ronald reagan's campaign manager in 1984. joe trippi was howard dean's campaign manager in '04. both fox news contributors. good to have you here. ed what do you think? >> clintons have a excuse for everything. the foundation has done wonderful things. certainly to be commended. in this particular case when hillary clinton became secretary of state they signed agreement they wouldn't take foreign funds. they signed an agreement with state department. they totally violated. allowed one of putin's allies to buy 25% of the uranium supply. at end of day we made a few simple mistakes. always story of clintons. they attack who made the charges. this particular case it will not be this author. the author laid out a whole series of things, "new york times," "washington post," fox news, many other entities will go after. this is having a big impact on the campaign.

martha: another memo from brian fallon, hillary for america national press secretary. we appreciate everyone's support. the effort over the weekend was very fruitful. just paraphrasing here. but he says, that basically the argument is unraveling of the "clinton cash" book, according to him. here is an exchange with schweizer, the author, and george stephanopoulos over the weekend. just a quickie. let's take a look. >> based on what? based on what? >> based on her -- >> do you have any evidence that she actually intervened in this issue? >> no. we don't have direct evidence. martha: so they're very congratulator this morning joe. do you think this is behind them? >> no. i don't i think the i do think his admissions that he didn't have any evidence and also that, that maybe she could have stopped this, the russian deal just makes didn't make much sense. so i do think they gained some ground but, look, i think part of the whole problem here is

that there were eight other government agencies and a utah regulator that approved this who bribed them? who bribed the utah regulator? that didn't happen. this is about appearances. and it doesn't, yes there are things thatting look bad and definitely there are mistakes that were made in the foundation said that. martha: i hear you. you know, the state department is one of the essential agencies that made that decision. she was against these kinds of deals before that would give foreign interests a stay, a say over resources in the united states. so what changed but what i really want to focus on is the american voter. how they are what they are taking away from all of this. i don't think ed, we've seen polls that really reflect impact of this, do you? >> two national polls done last week, that basically said a majority -- martha: those were the very beginnings of this incident. >> those particular cases both of those polls a fox poll and

"quinnepiac poll" said the majority of the american public didn't trust mrs. clinton. this is not first time event. whole eight years of clinton stephanopoulous is out there new role as quote reporter, sound person or protecter of them for a substantial period of time, they have always gone on offense and they have never admitted their guilt. and there has been everything has been about pushing the lines whether it is money, whether money for lincoln bedrooms, money for payoffs money for air force one. this reinforces negative impressions people have. i think it will have an impact on her. a lot of americans don't want the drama all over again. anybody getting ready to run for president should have been prepared for this and cleaned up their act before they opened up the doors here. martha: joe what do you say to that? >> i think the clintons always benefiting from their adversaries. so many times overstepping or claiming from whitewater on. none of the things actually turned out being true. once once all the facts were

out. or the charges were way over, overblown from, what was really going on. and so, i think that is a benefit because you know, sort of becomes the crying wolf thing where, it is, there they go again. i think to the extent where this author comes from, in terms of support, you know, being someone who wrote speeches for bush, i'm not buying into any of this. i'm saying it all starts to look just as bad as a partisan hack job on the other side. >> you can't say the washington post you can't say "the new york times" are part son. >> no, i agree. >> that they're conservative elements or doing the investigation. or you can't say this network. martha: you see the spin on it. there is no evidence. but this reporter himself said, he said, i'm not saying there is a moment when it ties together and, email smoking gun gee if you do this for us or hire bill to do a speech, you will get what you want in your home country. i never said that. what he is saying all i'm doing

laying out all the connections. he had a big board where he drew all the different connections. read the book, which isn't even out yet by the way, see what you think. that is what his argument was joe. >> no, but i think they're doing a great job of selling books. that will happen for him. i'm not sure -- one of the things i think is going on here we've never been as a country in this situation before. all of our modern past presidents have raised money for libraries and foreign governments and foundations. martha: not while their wife was active secretary of state. >> that is the difference. not just going to be an issue for hillary clinton but but there is bush libraries and bush foundations now and jeb bush is running. >> totally whole different thing. someone ha ththat's been in office of secretary of state. >> let me make the point. what they do need to do, the foundation needs to do, what happens if she is president? then if ford motor company gives

a contribution to fight to, forget about foreign stuff they give a contribution to fight poverty, and, where there is no conflict with the epa on fuel emission standards? so this is, and i do think this is a problem on the bush libraries and foundations too. >> this is not about the bushes, joe. this is about an agreement, an agreement mrs. clinton -- >> i'm making larger -- >> agreement they made when secretary of state. they clearly violated that. and as secretary of state she could have stopped this deal. martha: like to continue the conversation. she is saying in iowa, will get unaccountable money out of the political system once and for all even if it take as constitutional amendment. that goes to what you're talking about. we'll see if they can make that fly. thanks very much guys. see you next time. bill: jon scott, coming up next on "happening now." good morning on a monday. how are you? >> good morning to you bill. martha was talking about it. more fallout from the clinton

foundation today. the author of the new book questioning the ethics of foundation. making news, has the media coverage so far been fair? we'll get night this with tammy bruce and alan colmes. latest on devastating earthquake in nepal. the possibility of a super volcano beneath yellowstone park. amazing traveling deals to europe. all ahead. bill: see you at the top of the hour. he was walked over skyscrapers and waterfall but a 400-foot tall observation wheel while it is moving. daredevil nick wallenda is getting ready to do. we'll talk to him about that challenge next. ♪ when laquinta.com sends craig wilson a ready for you alert the second his room is ready, ya know what he becomes? great proposal! let'stalk more over golf. great. how about over tennis? even better. a game changer! the ready for you alert, only at laquinta.com.

bill: daredevil nic wallenda trying the most dangerous challenge yet. he will ride the orlando's 400-foot observation wheel while the wheel is turning. nic wallenda is here and the executive sales director of the i-drive 360. the home of the orlando eye. good morning to both of you. >> hi, bill. bill: biggest challenge to date or most unique challenge to date. what is the difference -- >> unique for many many reasons. a, the fact i have never walked on an observation wheel. let alone walked anything or structure that is moving as i'm walking on it. i've got to keep up with that wheel. but even more unique, the fact that i'm not using balancing poll. first time in my career doing something like this. no balancing poll as it is moving. i have to duck under structures. bill: not a straight wire. the wheel changes right? >> it is not. that's correct. it is curved and there is also, pieces of that structure that

are coming over the pathway that i'm walking on. so i have to duck under it and keep moving and keep up with that wheel. bill: how do you feel? >> i'm excited. you know, my whole family's career is about, been about pushing ourselves to become better at what we do. and to diversify. that is what this is about. showing the world that the wallendas are not just going strong but we're doing, very, very unique things as well. bill: we'll see this complex john in a whole different light i-drive 360 this is not just the wheel. it's a big complex, isn't it? >> it is bill. it is 20 acres. the orlando eye is star attraction. we have three other cool attractions. madame tussaud, sealife aquarium and skeletons. huge collection of restaurants, shops nightclubs a new perspective how to get about doing orlando. a new dimension. so we're really excited about having nik. couldn't have a better person to open the facility with. bill: brave courageous some

would say crazy guy next to you now. nik, what are you going to wear? the shoes are very important. >> they are and it is very well you, unique again for this week. we don't know that surface. i haven't been to the top yet. i am riding up tomorrow to feel the surface better. i have seen the surface. the wheel wasn't even erected when i first came. i saw the surface laying on the ground. one of the things concern it will be here in florida, around 8:00 or 8:30. we're worried about the humidity or how damp it. whether the shoes my mom makes or rubber soled shoe. we'll do a little bit of testing to get an idea. i won't actually walk the wheel until i do it wednesday morning. bill: good luck. we'll watch it from here nice and safe. nik john have a good time. wednesday is the day. good luck, nik. thank you. >> thank you so much. >> thanks, bill. martha: back to the earthquake that rocked the country of nepal. the latest on the search for

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>> prety busy for a monday. >> we will be here all week playing this. >> yes, we will. have a good day. see you tomorrow. the race is on. global relief agencies struggling to get help to nepal. three known victims among the thousands. >> good morning. i am heather childers. it could take days to reach the remote areas hit by the 7.8 magnitude quake that rocked this tiny country over the weekend. the center is a scene of near total devastation with