martha: we have to hold on to that. bill: we do. martha: speaking of all the people in iceland -- >> we've talked about this, the flights out of germany and afghanistan are held up, too. martha: there are all kinds of reasons, but never canceled due to volcanos, sorry, folks. bill: we love iceland! martha: we love iceland. thanks guys, see you monday. jon: good morning, i'm jon scott, along with jane skinner, we begin this hour with news breaking out of kentucky and an man hunt for a convicted killer who has escaped there, he's described as extremely dangerous. jane: his name is just cuposy, part of a drug gang out of massachusetts and is related to the mob. >> reporter: he was cuffed and had iron on his ankles and police say he busted out of them. this guy is like houdini, busted out of that van, has

ties to organized crime and among the things he was in prison for, a violent crime of cutting up a murder victim. this was a dad dude -- a bad dude and they want him back as soon as possible. they're warning people, and they do have a tipline, but they're warning people the guy you see on the left part of your screen, if you do see him, do not try to talk or approach this person. call 911 immediately. among some of the sightings was a hunter, a witness who was out hunting, who said he saw a guy meeting this description trying to flag down cars, so they believe he's still in the area, possibly here the woodforward county line which will mean something to people in kentucky, they say watch out for this guy, keep your doors locked, if you see him, again, call 911. derek capozzi, 37, they want this inmate back. back to you guys. jane: thanks. jon? jon: -- jon: in the top box, the enormous cloud of volcanic ash continues, spreading across europe, wrecking travel plans for people all over the world,

really. sparking health concerns on the ground as well. eruption disruption, and how long this danger could last. m the middle box, busted, a billion dollars human smuggling ring along the u.s.-mexico border, federal agents arresting dozens of smugglers in arizona in the largest raid ever by immigrations and customs enforcement. in the bottom box, bully backlash after prosecutors say a 15-year-old girl was tormented to death. one school now accused of going too far to crack down. some parents are outraged. see what you think. jane: we've got new information this morning about the nation's former top spy signed off on destroying cia interrogation tapes. internal e-mails now show the former cia director porter goss agreed to destroy the videotapes that show the harsh interrogation in '05, this remains controversial and part of an fbi investigation. catherine herridge, what do

we know about what's in the e-mails? >> reporter: good monday, jane. these e-mails shed light on the internal discussions or the internal deliberations about the controversial destruction of these videotapes in 2005. just to give you some background, we're talking about 100 tapes which show the interrogation of two high-value detainees, one of them is ada -- abadan che and and the second is abu zubayda, the key thing, he was tipped up in the course of a firefight and almost mortally wounded in that fight and u.s. intelligence officials indicated that one of the reasons there were so many hours of video same of zubaydah is there was concern within the cia that if he did die in custody they would want evidence that he died as a result of his injuries and not as a result of anything else. but the bottom line for people as it was explained to me years ago in this story, is when you put together these two words in one sentence, videotape and

destruction, you're always going to have a problem at the very least, a public relations problem. jane: what more do we know about the internal debate within the agency? >> well, i've just started to go through the documents and what i would caution people is that these aren't all of the documents related to the videotape. this is like a snapshot or a picture, so it's hard to always get a good feel for the context of these e-mails and how they were written, but there was a cable written very early on which seems to highlight the concern within the agency that if this videotape were made public there would be a lot of blow back and potentially retaliation for the agents involved in questioning these high-value detainees and it reads in part the continued retention of these tapes which is not, not, required by law represents a security risk for officers participating in operations. there also exists a clear danger the officers pictured on the tapes could be subject to retribution from al-qaeda elements in the

future. and just on some of the claims about the cia director at that time, porter goss, i haven't completely gone through all the documents and it's not clear to me yet whether he signed off on the destruction of these tapes or signed off or agreed with the destruction of these tapes after the fact. but these tapes are really part of what has become a broadening investigation by the obama administration. there is a special prosecutor, john did yourham -- durham, looking into the destruction of these and as you'll recall, it was about a year ago when the obama administration announced they would expand this investigation to look at the specific officers, and those who are in the corner of the cia say that these investigations have really had -- won't say a chilling effect but have made agents risk-averse to doing their jobs and if these people become risk-averse it could become catastrophic for operations overseas. jane: catherine herridge, let me know what you hear.

jon: in wisconsin a federal judge comes up with a ruling, the judge saying the national day of prayer is unconstitutional. congress established the prayer day back in 1952, the country marks it on the first thursday in may each year. caroline shively is in our d.c. bureau. so it's coming up. what does it mean for this year's national day of prayer, caroline? >> jon, things will go on as planned this year, on may sixth, but after that we simply don't know. a tweet sent out by the white house says, quote, as he did last year, president obama intends to recognize a national day of prayer. the administration now has the chance to appeal this ruling. nothing would take effect until all the appeals were exhausted. the justice department would only tell us that they're reviewing the case, so we don't know the next step as of now, jon. jon: this national day of prayer doesn't require anybody to get on their knees and pray so what does the judge base their ruling on? >> a couple of things, this comes from u.s. district court barbara craft, they

says -- cragg. she says it's difficult for a reasonable observer to see the statute as anything other than a religious endorsement. she also says this, quote, its sole purpose is to encourage all citizens to engage in prayer and inherently religious exercise that starts no secular function. conservative groups were pushing the white house to appeal this and the ranking member on the house judiciary committee, republican lamar smith, he asked this, quote, what's next the glaring holiday of christmas declared unconstitutional? jon: how did this thing wind up in court? >> it started with the freedom from lig religion foundation -- religion foundation, it took this long to wind its way through the court and now it's in the bin laden administration, and annie laurel gaylord had this to eh sai, the 1952 law was predicated on bad history, the founders prayed at the convention and defending our lawsuit was de burveg dollars bid obama

administration. the next step is to write the governors asking them not to issue a state proclamation and she says they will defend this position in the seventh circuit if the government appeals and since news of the ruling came out last night it's been good for this group, the group has reason a huge boost in donations. jon. jon: caroline shively in washington, thank you. jane: we're watching as the crippling clouds of volcanic ash are disrupting air travel again today. this dangerous cloud from iceland is creeping slowly across europe, frustrating tens of thousands of passengers. seventeen thousand flights already have been canceled. you can see the planes there, just sitting on the tarmac, trying to avoid this cloud and the weary traveler. there's nothing they can really do but wait. scientists believe the ash could impact the air travel through this weekend and that could cause a problem for world leaders who are flying to poland for the president's funeral there on sunday, including president obama is expected to attend. we'll keep you updated through the next couple of

hours. jon: there are new series -- questions about what some call home invasions, they were using tracking software built into school computers to take pictures of students inside their homes, and we're learning about just how many of those pictures may have been snapped. plus, the feds bust a major smuggling ring operating from coast to coast. that international crime ring that was infiltrating our borders, making billion dollars profits, and what the bust means for national security.

jane: 12 minutes past the hour and "happening now", president obama is ordering sweeping changes at hospitals in this country, he's issued a directive to give gay and lesbian partners the same visitation rights as married heterosexual couples. >> in the middle box polish investigators are taking a look at one of the three black boxes from that crash that killed poland's president, his wife and many other military and political

leaders. russian investigators who have looked at the boxes say it appears that pilot error was to blame. on the bottom, a new york e mom who pleaded guilty to lying to federal agents in connection with a plot to bomb new york subways will not be going to prison, ahmed abzali is ordered to leave the country within 90 days. jon: a stunning blow to a massive human smuggling ring, 800 federal agents from the immigration and customs department, ice, crack ago criminal network based in southern arizona. it uses shuttle vans to move illegals around the country, illegals who very well could pose a danger to this nation. forty-seven people arrested so far. the feds say it is a major international crime ring that rakes in billions of dollars. our guest, who's john morton, assistant secretary of ice, mr. morton, exactly what was going on here? these shuttle services masqueraded as legitimate operation, right? >> absolutely, they were

nothing more than a front for organized crime and their piece was to help smugglers in sonora, mexico, bring people across the border through nogales, up to tucson and they would under a veil of legitimacy transport the people to phoenix and then on to places as far as chicago, new york, los angeles. jon: the way the shuttle services supposedly operated is they would be masquerading as legitimate businesses that would take people from northern mexico to cities around the country. one would think the i.d.s or the purposes of businesses of these passengers would be checked as they come across the border. >> well, in this particular case, they would smuggle the individuals across the border on foot and then match the -- the smugglers would match the people being smuggled with the shuttle companies in tucson and then on to points in the united states. the key point is the shuttle companies were never legitimate, they were simply

a front, lock, stock and barrel, for organized crime, they were given out fake receipts, they weren't being paid by the attention, they were being paid by the smugglers and they were giving passengers briefings on what to do if they were stopped by law enforcement. jon: and you're thinking this was a billion dollars operation that you busted here? >> yes. worldwide international organized crime that is involved in alien smuggling, it's a multi billion dollar business. these particular alien smuggling networks, some had been operating for well over a decade, moving thousands upon thousands of people through arizona. just to give you some sense, one out of every two people that comes to the united states unlawfully comes through arizona. jon: well, the big concern that certainly caught my attention is that these aren't just folks from mexico who are looking for better lives in this country. you have people from as far away as china who were part of this -- you know, who are being smuggled in here.

if the smugglers are able to do that, what's to prevent them from smuggling taliban members from afghanistan who want to come into the u.s. and set off suicide bombs or something? >> well, you're right. this case highlights how this isn't just about the movement of mexicans who want to come to the united states, whether lawfully or unlawfully, it's about the worldwide movement of people to the united states illegally and we had people from as far as china paying as much as $75,000 to get here, and the importance is that we have to have strong border security and strong immigrationle control. it isn't just a question of enforcing interior immigration, it's about having a strong border, strong controls, and making sure that the people who come to the united states come so in a lawful manner and there are people that we know who they are and can be sure that we know their identity and their purpose in coming here.

jon: well, the good news is you've busted this one ring and you've made a lot of arrests, but the bad news is isn't there going to be another operation simply standing in the wings, wait to go fill the vacuum here? >> yes, but the difference is, it's going to be a lot harder, and in this particular case, what was different was that instead of trying to pick off one or two smugglers, or try to pick off one or two shuttle companies, we took on the entire industry, we tried to literally shift the focus of our enforcement efforts to one in which we attack the entire chain, all the way from mexico, into arizona, and on to the united states. we arrested people in tennessee, in oklahoma, our mexican counterparts arrested people in mexico, one of our leading targets, indicted in the united states, was arrested by mexican authorities in mexico. what you're seeing here is an attack on the entire industry by ice and its partners. we're not just content to go after one or two of these guys.

so can they start again tomorrow, yes, they can, but guess what? we're here, we're not going anywhere, and we're going to be attacking them tomorrow in the same fashion, trying to rip the entire industry out by the roots. jon: it was a huge bust and we congratulate you on that one, john morton, secretary of immigration customer mondays enforcement. jane: in the wake of the suicide of this 15-year-old girl, you've heard the story, phoebie prince, there's pressure to crack down on bullies so one school has made a list of the trouble makers. now some of the accused bullies on the accused list are saying they are being bullied and parents are not happy. have you seen this video of the fire ball across the skies in the midwest? that spectacular site, we're learning today, could make someone very rich.

jon: breaking now in the top box, the securities and exchange commission announcing civil fraud charges against goldman sachs and one of its vice presidents. the sec is accusing wall street giant market be subprime mortgage securities and failing to tell investigators that a major hedge fund had bet against those securities. m the middle box, new reports of rescues, more than two full days after an earthquake claimed hundreds of lives in western china. television reports say a 13-year-old tibetan girl was pulled in a toppled hotel today. the death toll from that quake now more than 790. in the bottom box, italian prosecutors are pushing for life in prison for convicted murderer amanda knox, the american college student is already

serve ago sentence of 26 years for killing her roomate. prosecutors have filed an appeal. they want to increase the sentence. jane after a 15-year-old girl killed herself in the face of what prosecutors called relentless bullies, some schools around the country have been reacting, trying to stop the bad behavior. the principal of one school in spencer, massachusetts called asked sixth graders to write down the name of bullies, those names were put on a list, the kids were monitored, parents say they were not told. well, the superintendent there has now stepped in, saying the principal, the school, they overreacted to the case, that's 15-year-old phoebie] dr. lendel minter and ross ellis is with us, founder -- founder of love our children, usa. one of the parents in the case said she'd like to see the principal fired. is this an okay plan to make

a list? >> i agree, absolutely, with what the school did. i think one of the main problems is we don't know how to identify these bullies, and do something about it, because kids are afraid to rat on their friends, they're afraid to say anything because they'll become victims of bullying themselves, so schools have to try ways to get kids to identify who those kids are, and so the schools can do something about it, so the school is just trying to do something to prevent problems. i don't have a problem with that. jane: ross, it was interesting, because one of the sixth graders who ended up on this list said i now know how it feels, i think bullying is a bad thing and being bullied is an even badder thing, the kids who ended up on the list are now saying they're the ones actually being bullied. >> yes. and you know, i applaud the school for taking notice of all the bullies. it's really important. but to put them on a list is just setting them up, fire against fire. you don't want other kids bullying them and just taking the wrong stance. you want to be able to stop bullying in the schools, and bring their names to the

principal. let the schools do some curriculum and work with the kids. not put their name out there so it could be on the internet. jane: i guess, doctor, one of the questions that was raised by a lot of parents was why would you ask the sixth graders who the bullies are, because if they wanted to, they could all get together and somebody they wanted to pick on, they could put on the list. how do you trust they're giving you the accurate representation of what's going on at the school? >> when you work with kids you understand that kids know who the problem kids are and if you give them an anonymous way to identify them chances are they're going to come and gy you those nails and what's interesting, they all came up with the same names, so it's not like they were just picking random kids and saying i'm going after that. of course that abuse is potential but i think with careful talking to the kids, and the fact in this case you've got a kid who said hey, it helped me, it actually worked, it just defies common sense to me why a parent would be upset with that. the parent should be applauding the school and saying hey, let's talk to my child, let's work with my child, the punishment was

hardly abusive. you miss recess, you get to be monitored a little bit. that's not -- that's discipline. we need to get back to disciplining these kids and show them that this kind of behavior is not going to be tolerated. jane: ross, in the 30 seconds we have left, what do you advise schools about how to handle this? >> i think schools do need to identify the bullies very clearly, and they need to suffer the consequences. there should be punishment. however, putting it on a list is not the thing to do. it's just -- those kids are going to be bullied, the school is going to have problems. let the school put curriculum into their programs and take these kids and teach them the right behavior, along with their parents. jane: ross, doctor, we'll leave it there. thanks to you both. jon: he's got a average -- a badge, a gun, and a lot of responsibility. a police officer, caught on video, beating a motorist who's down on the ground. were this office's actions justified, or just plain wrong? >> also the tea party movement gaining all kinds of momentum across america,

holding rallies yesterday against big government spending and taxes, president obama has a reaction. >> i've been a little amused over the last couple of days where people have been having these rallies, about taxes! you would think they would be saying thank you! that's what you'd think! jon: have you thanked your president lately? a fair and balanced debate, next.

jon: president obama says he is amused by all of the recent tea party rallies around the nation. those demonstrations attracting huge crowds on tax day in cities and towns across america, people voicing their frustration over the expanding role of government, calling for lower taxes. but president obama says they should all be thanking him for cutting their taxes. peter mirijanian, terry holt, i'm guessing, terry, you heard the president in that sound bite we played before the break saying hey, they should all be thanking me. should they? >> i can't ever recall a time where a president spoke in such a humiliating way about the people that he serves. i mean, this strikes me as smug and arrogant and utterly out of touch with the american people. you know, yesterday was tax day, it is our fundamental

right as americans to demonstrate and to express our views about the issues that face the federal government. and he's making fun of the millions of people doing that yesterday. here's an example of the white house that was out in space, literally. it's tax day, we're all paying our taxes, and barack obama is talking about the space program in florida. you can't get more out of touch than that, guys. jon: peter, he made those remarks -- well, there were a couple of fund-raisers in florida, one of them at the home of gloria estevan and her husband, the singer, obviously, at which people were paying $30,000 per couple to attend. i suppose people in that bracket aren't too upset with the way things are going, but was he showing a tin ear for politics here? >> i'm so surprised that terry is so sensitive on a friday! no, i don't think so. you know, the fat of the matter is the taxes are not

being raised on middle class american and that's what the president was pointing out. look, the protests on tax day yesterday by the tea party movement, it's one thing to stage protests around the country, it's another thing to actually mobilize and actually go out and vote. that's going to be the true test of whether or not the tea party movement has any kind of legs. >> we've seen -- terry, let me fibbings the challenge for theand the administration is to actually go out and talk about what has happened since barack obama has gotten elected, we're moving forward on a financial regulation reform bill, we had a health care reform bill that was passed, it hasn't happened in 40 years, it will mean good things for senior and others and getting more people having health insurance, so there are good things going on, but it does get drowned out, it's a lot easier to be against something and to be out there protesting than it is to be in favor of something that is going to move the country forward. jon: terry, go ahead. >> i was just going to say

that the people's cost living are rising with every new barack obama initiative. with health care, for example, premiums are going to go up, taxes are going to go up, benefits are going to go down. onjon you've got to back that up. >> hold on, peter. >> fundamentally, over the course of the next generation, this administration is piling so much debt on, not just us, but our own children, that he may say he's not going to hurt the middle class, but you'd better watch your wallet, guys, because they're coming after it, the debt is going to crush us if we don't get serious, and that's on barack obama's watch. jon: peter, the original boston tea party started with a bunch of people who felt they were being taxed without being represented. you don't think that's what's going on with these tea parties that are happening today? >> well, they were taxed without being represented because they were a colony of the british government. we're not a colony of anybody else's government. >> peter, excuse me, but the

tea party, fundamentally, and a lot of other people in this country, feel that their government is so out of touch with them that it's not a lot different from being like a colony of washington, d.c., to send all this money to washington, you get very little in return, and on top of it all, the president is insult -- insults you on national television in front of a bunch of rich donors. jon: terry, go ahead. >> here's the fact of the matter. the fact of the matter is i don't think terry is upset at all that a lot of the tea party activists question president obama's citizen thank you and should he be sensitive about that. look, there's a lot of rhetoric about -- >> he's a public servant. >> the fact of the matter is, terry, the fact of the matter is i understand what the agenda here is, get people angry, get them motivated, go out there and vote. the fact of the matter is we will see in the -- >> barack obama is -- >> the democrats will get out their numbers, or whether or not the republicans will deliver, you know, votes and then the tea party will have an

impact. it's very easy to scream and complain when you're getting medicare, when you're getting social security, when your kids are going to public school, when you're going to the public hospital, when they -- >> they should be thanking the president for all those things? >> they shouldn't be thanking the president, it's outrageous, ludicrous, to say that we should have -- shouldn't have big government involvement in anything and we should go out and protest. jon: we are having these discussions at water coolers all over the country. thank you both. >> thank you jon. john jane we want to get to breaking business news, we've got new numbers on the economy, more homes being built around the country, according to the march housing numbers. home construction is up, take a look, it would be an annual rate, 626,000 homes, economists had been predicting a much lower number, and jenna is also here to tell us about a new trend in home technology. have you ever seen the jettsons? what family life could be in the future, controlling your

entire home, what you wear, how you eat, with a touch of a button? >> i think i like it. >> well, that seriously might become a reality sooner than we all think. take a look at this. >> a high-tech home used to have one of these. but now with the touch of a button, you can make your own smart home. >> essentially, you it -- it doesn't have to do anything. >> all you need is a remote, touch screen, mobile phone, computer and you can control your entire home. >> high-tech is one of several companies that set up a smart home so you can check the -- set the thermostat on the go, dress up the bathroom mirror. >> this is the magic mirror, a tv built into this mirror. >> i see there's a web browser here. can i online shop through the mirror? >> absolutely. as a matter of fact -- >> wait a minute, i can online shop in the mirror. >> in your bathtub. >> you may not need a tv mirror in your bathroom. but what happens if you leave your home and you think you left your coffee pot on?

>> my particular system is just going to be an all off button. >> nick from smart home -- is adding smart home technology to this building because he feels it's a good investment. the on-off button will be in his apartment, but the most important? >> we do have lot of romantic things, the fireplace turning on. >> some say the gold of -- the idea of a smart home will stay, at least for now. >> buyers are driven by affordability, by energy costs so they're very concerned about smart choices, not so much smart homes. >> so some of the systems that we just showed you from cytech can cost an average between 15,000, and $150,000, but the national association of home builders says as that price goes down, we could see these systems in new homes maybe as soon as 2012. >> that's incredible. >> it's kind of a rendition of what we just saw.

jane: we would like the mirror in the bathtub to do the shopping, jon says you can turn on the margarita machine? >> you can create whatever you like! jane: thank you very much, very interesting. jon: keep the beer cold in the fridge, jane. take a look at this, this is a bit of future science as well, a picture of a 15-year-old boy named blake, sleeping in his bed. now, his parents didn't take this. his school did. without his knowledge. and his parents are pretty steamed. we'll get into that issue, next.

jon: a brutal beating caught on tape, a police officer beats a motorist, hitting him 15 times. we'll tell you what happened to the guy on the ground and the officer in this video. that's coming up in the next hour of "happening now". jane: most parents want

school to keep tabs on their kids when actually at school. check this out, a boy who attends this school outside of philly, yes, that's him, sleeping in his bed, this picture taken by a creb cam that school officials embedded into computers they issued to students, students took the computers home. it turns out we're learning that thousands and thousands of pictures were taken of kids inside their homes and they didn't know about it, they didn't know it was happening. our guest has filed a class action lawsuit on behalf of blake, that is his son in the picture. michael robbins is on the phone with us now. michael, what have you learned since the last time we spoke to you about this case, about just how many more photographs are out there? >> well, based on what my attorney has received from the school district, tell council -- legal counsel, there were over 400 pictures taken of my son and that doesn't include picture that is they claim were downloaded and deleted that we don't even know about. jane: and in terms of your case, where are you at this point?

update us if you will. >> well, we're still gathering information. we've had some depositions with the technology employees at the school district, and they were given some useful information, one of them, the supervisor in the tech department, she pleaded the fifth amendment and her deposition, which was a little concerning, because everyone else supplied the information and answered questions when they were asked them, but she has pleaded the fifth. jane: i know you've had some concerns, that particularly that administrator, potentially they could be on the home computer, that hasn't been turned over yet. i want to read for viewers, while we deeply regret the mistakes and misguided actions that have led us to this situation, at this late stage of the investigation, we're not aware of any evidence that district employees used any web cam

photographs or screen shots for inappropriate purposes. do you believe them? >> i don't believe anything they tell me. there is nothing they can say that would surprise me. mrs. robbins, halle robbins is we me and -- is with me and would like to make a commentary. >> hi, thank you. i know that it was mentioned in the paper by their attorneys that they did no wrongdoing, and if they consider this taking over 400 pictures of my son, over two weeks, period, every 15 minutes, plus thousands of other pictures of other kids for no good reason, considered not doing anything wrong, then i would -- it would scare me to think what else they think is not wrong that they're doing. jane: halle, michael, i want to say thank you. we know you were supposed to be in the studio and had car trouble and that's why

you're on your cell phone, so we appreciate you taking the time to do that, and just to remind viewers of the story, because it caused so much outrage when it initially broke, and the assistant principal had confronted blake saying we think you may be dealing or using drugs and his story is, to this day, what they thought were pills in his hand were actually mike and ike candies. we'll follow this and let you know where it ends up. jon: big brother. harris is working on a breaking story in the newsroom. >> reporter: you caught me making notes here. there's a school principal found dead in silver spring, maryland, when we come back from commercial break, we'll have his name and picture and tell you why they say it's a suspicious death, found dead in his own home. stay with us.

>> reporter: i'm harris faulkner at the breaking

news desk, here's a story we're working in the newsroom, that principal found dead in his home in silver spring, maryland has now police looking at a mystery, they want to know what happened and where his missing vehicle is. forty-two-year-old brian beth was found dead in his home by a coworker when he didn't show up at the shaw middle school district, he's a brain pal, somebody they call an inspirational leader for teachers and students and when he didn't show up one of his coworkers checked his home, the coworkers say the suv is missing and they consider his death suspicious at this point. we have information on the nissan xterra, you see the license there, police are hopeing in that silver spring area that somebody will call and say if they know anything about this teacher or what might have happened to him. they're planning on autopsy for later today to give them an exact cause of death, but at this point, brian b tevment s' -- betts' death

is a suspicious mystery for police. i'm working on this and will let you know when we find out more. back to you jon and jane. jon: >> jane: uncle sam keeps coming up with new ways to spend your money on capitol hill, they're putting together huge new programs and they will cost you and me and jon and william, he is back again today, and he's look at where our tax dollars will go. talking about another jobs bill? >> the original stimulus was meant to create about 3.5 million jobs, by most accounts it failed, we're looking at maybe 650,000, unemployment still near 10 percent. some democrats are proposing another billion dollars stimulus. congressman george miller of california says the local jobs for america act will create 1 million new jobs. the bill has a lot of support from the congressional black caucus to many cities in town. they love the bill, since about 3/4 of that money goes to them to stop layoffs of

teachers and bureaucrats. critics call this a union bailout bill since most of the jobs belong to union members of the cost of the bill is not being offset. taxpayers will have to uk about up and pay for it since he doesn't want cuts in the rest of the budget. what do you think and how much do you think this is going to cost you? if you log on to the taxpayer calculator, foxnews.com, your money, you can find out. now, if you other than under $115,000, you'll -- under $15,000, you'll pay four buck, if you make $30,000, it's going to cost you $100, up the bracket to over 100,000, this is going to cost you $1200. for top wage earners, it will cost you $12,000. so you know, it's a lot of money. jane: and you have said that lots and lots of people have been checking this out on foxnews.com and how have they been voting, what are you looking at? >> we've had about a million hits so far and what's been really interesting about this, when we started with the economy in the tank,

people unemployed, we thought everyone was going to vote no, we didn't want to spend another time but yesterday we asked if people believed that we should produce ten more c-17 airplanes at a cost of $2.5 billion, and the vote, i think we have over 14,000 votes, is about half and half, 46-49. the other thing we asked, however, is about t.a.r.p., the bailout of aig, general motors and others, and that vote was overwhelmingly no. now, this morning, on bill's show with martha, we asked about the extension of unemployment insurance, which congress voted on last night, we've had about 4000 votes, 23 say yes, 71 percent disagree with congress. so not that congress really listens to anyone, but i think this taxpayer calculator shows why so many people are disgusted with congress, because there's a disconnect. they're spending our money one way and in some cases the majority just don't agree. jane: very interesting, foxnews.com, it's very easy to find, you can see what everybody has been so

interested in. william, thanks. jon: remember clash for clunkes, turn in an old car, you get government money? new you can get rebates for refrigerators and other home appliances. peter doocy is at the sears department store in chicago to explain. what's this program all about, peter? >> reporter: jon, today, all across illinois, thousands of people are rushing out to buy the brand new energy star appliances because if they do they automatically get a 15 percent discount and even better, if they trade in their old appliance they get an extra $75 back on top of that, but that might not even be the best part, today is the day after tax day and all these great deals are being paid for by the federal government to set aside $300 million nationally for the program, 6 1/2 million of that here in illinois, and like you said, it is similar to cash for clunkers, but that dealt with cars. this deals with refrigerators and dishwashers and washing machines. think of it more as cash for

kitchen stuff and it kicks off today, here's in illinois, and also in florida and texas, jon. jon: so it sounds like a great deal for customers. i imagine the businesses are pretty happy about it as well. >> reporter: right. well, as you know, many, many businesses across america are still being really affected by the recession, and so they're all reap hopeful this program is going to bring people into their stores, which is good, as long as the money las. they already had this program in arizona and iowa, and there was so much interest in it that the money only lasted for a few hours. so if you're interested in this program, you should probably get out pretty quick, because this store is packed and we've heard that stores are packed across the country, including -- rather, across the state, including a lot of people who normally would not be shopping, in fact, not long ago i saw a woman buying a brand new energy star refrigerator, her last fridge was older than me! so head out quick if you're in illinois or texas or florida today. jon: just those three states

today? >> reporter: just today. they've already had ha had it in a few states, those are the three states for today and in the coming weeks and months it will be in more states. check that out if you're interested. jon: dies -- peter doocy in chicago, thank you. jane: congress has authorized a national day of prayer since the year 1952. but one judge now says that is unconstitutional. we'll talk to our judge, plus this volcanic ash has been disrupting air travel plans all across europe and in the united states. what would happen if they fly too close to this cloud of volcanic ash? wait until you hear.

jane: top of the hour, i'm jane skinner along with jon scott, the nation's top economic advisers are about to head to the white house to meet with the president, administration officials say he will be pushing hard for new regulations on the financial industry in this country and it affects all

of us. jon: the white house is specifically taking aim at derivatives. highly speculative investments, the president believes contributed to the economic collapse in 2008. our senior white house correspondent major gair set standing by for that meeting, he is live at the white house, he's going to explain what derivatives are no, actually -- >> >> reporter: i'm going to try at least briefly, jon, but go ahead. jon: i guess we are expecting capitol hill action on derivatives today, huh? >> error reporter that's exactly right. first, dangerous though it may be, jon, i'm going to weighed into the derivative water -- wade into the derivative waters if ever so gent levment what we're talking becoming derivatives is a contract between two investors about some other financial instrument or let's say a commodity, food product or something like that and what's r what's what's going to happen in future, a hedge against risk and it's unregulated. there is no visibility to derivatives trade and though derivatives did not contribute entirely to the collapse on wall street they did play a role.

the european union and other folks around the world want the united states to regulate derivatives more intensely, and blanche lincoln, as you mentioned, democrat, is going to lay down a bill today that she says more strongly regulates derivatives and anything out -- than anything else out there. there's a component because she's running for reelection, she has a tough challenge from the left and many see the move to be hostile to the big banks and wall street as a way to improve her political viability in arkansas. be that as it may, harry reid is supportive of the initiative and says he is going to try to bring this overall package of financial regulatory reform legislation to the senate, pole as early as next week, so these things are picking up pace. jon: so are any republicans on board with this thing? and if not, why not? >> well, there have been extensive conversations with republicans in the senate about this, but they are not on board in any way, shape or form with what blanch blanche lincoln is trying to do or chris dodd is trying to do

and republicans have said they're afraid the regulation of derivatives will send the financial instruments overseas where they might be less intensely regulated, cost american jobs, and make them less visible. i asked the treasury secretary tim geithner about that line of criticism and here's his response. >> no risk ever that, i would not support that, and we've been -- risk of that, and i would not support that, and we've been working to make sure that european countries and others are moving with us to put in place a complementary framework for similar protections and we have very broad conversions with the europeans on what we think would be an forgetive global framework that we believe will avoid that risk. >> reporter: a global framework, that doesn't ring authortative with republicans who are afraid what kind of global framework will we see, when is it going to happen and are the drifstives less tras -- derivatives less transparent overseas, how can we resolve that. that conversation continues.

jon: is this the next big showdown? >> the white house definitely wants this to be the next showdown. i've talked to administration officials that feel strongly that the politics are fundamentally with the white house, that republicans over the course of this debate are going to be portrayed if the white house is successful as companions of the democratic national committee are as portraying them as friends of the big wall street bankers, republicans have their own talking points which is if this currently put together regulatory package goes through, there will be a greater taxpayer risk for future bailouts, institutionalizing them in federal law, the white house disagrees and believes it has not only the policies but the political upper hand right now. we'll see how it plays out. jon: major garet, thanks. jane: more bad news for triflers today, flight problems related to the volcano in iceland, i hate to tell you, are worse, nearly-a -- half a dozen european countries have closed airports because of the ash. look at these pictures. the agency says about 60 percent of european flights are not operating,

delays, likely to continue at least through the weekend. david lee miller has this for us. how big is this problem? it's affecting people here as well. >> reporter: this is an enormous problem. let me give you perspective to tell you how large this problem is. some of the airplanes as far away as moscow are being affected. keep in mind, moscow is over 2000 miles from where this volcano is located, actually, now more than a dozen different countries are affected by the volume cannish ash, affected because the airports are entirely shut down or in some instances, they have had to cancel many, many flights. we have thousands and thousands of travelers who are stranded, and as jane mentioned, many of them here in the united states, just the ripple effect of what's taking place. and in casure wondering what recourse you have, what rights you have as a passenger, this is considered an act of god, and the airlines are not obligated to provide you with the housing or meals, but in many instances, in fact, almost every airline now is saying that

passengers will be able to change their itineraries, will be able to cancel flights if there are delays without any fees or penalties imposed, but right now this is a situation that is affecting thousands and thousands of travelers and it's not going to be getting better any time soon. jane: we talked about it potentially affecting the president's plans to go to the funeral for the polish president. do we have any idea about timeline or when it will get better? >> what we're hearing right now is that this could actually last as long as six months. now, that doesn't mean all airports are going to be shut down for six months but it could mean there could be problems and delays lasting for months. right now, the main airport that is affected, the airport in london, heathrow airport, which is the most, the busiest airport in europe, says that there will not be any air traffic until at least 7:00 saturday morning. so right now, it's very difficult to forecast how long this problem is going it continue, and without getting all caught up in the science, jane, right now it

really depends on the weather pattern and beyond that the volcano itself. how long these eruptions are going to continue, and also, they're going to have to, keep in mind, too, what type of ash is coming out of the volcano. some very fine ash that could perpetuate the problem longer. jane: what does it mean for the president? >> right now they're saying this trip is in fact still on, the family of the polish president says they do not want the state funeral to be delayed and right now the airport in krakow, poland is shut down and i'm quoting a deputy white house official, they are keeping an eye on the situation. right now, the funeral is still scheduled to take place, but i wouldn't be surprised if that changes. jane: david, thank you. jon: probably right now there are thousands of european travelers stranded at your local airport. you should sell sue skinner to -- jane: on the front page of one of the papers they had this cheerleading squad or a dance squad from

somewhere in scanned -- scandinavia and i thought these poor girls, they don't know what to do with themselves. we should take them in. you have teenagers. i know you'll keep us updated. jon: china's media says the death toll from the massive earthquake has risein to 1100, the power of the earthquake devastated a mountainous region near tibet on wednesday. emergency crews are rescues survivors. some incredible pictures to show you, soldiers pulling a young girl out of the debris of a collapsed building. the soldiers, digging through the bubble -- rubble with bare hands in some cases, they won cheers and applause for this success, just after finding the gir, the soldiers also saved her mother. jane john back in this country, federal inspectors are visiting mines owned by the same mine company involved in the deadly accident we saw in west virginia, so far, visiting more than 30 mines owned by massey energy. after looking into mines in west virginia, kentucky and virginia, the inspectors found more than 60 serious safety violations, inside

they found problems with conveyor belts and allowing coal dust to pile up on three occasions just sin the accident. that explosion killed 29 at the company's upper big branch mine in west virginia. jon: so how are you feeling? you're a consumer, and there are new numbers just out this morning on consumer sentiments in america, numbers that are both surprising and disappointing in some ways. consumer sentiment fell to its lowest level since november of last year, despite improvement in some other economic indicators. james rosen is in washington to explain what all of this means for us. james. >> reporter: what it means, jon, the prevailing mood of the american consumer right now would appear to be defined by anxiety. based on this survey of 500 households conducted by the university of michigan's consumer survey center, american consumers over the last two weeks have made it clear they don't like

current conditions, they have low expectations for the future, and they worry in particular about a rise in inflation over the course of the coming year. let's break down some numbers for you. the overall consumer sentiment index fell from march's relateively -- from the rater of before to below 70, not far from where we were in the dark days of april '09 when this indicator stood at a flabby 69.5. now let's look at expectations. one year ago, consumers mustered only a 63 in terms of expectations, by last month, that had risen to almost 68 but here in april we find expectations have sunk even lower than they were one year ago, that second low, -- row, the m to m, that shows you the month to month change, that shows expectations de cliebd 5 1/2% when they dropped by half a prcialg point from february, the bottom row, that shows you year to year changes and we see expectations down almost a full point from a year ago,

even the last month saw expectations up by some 15 points from the year prior. >> i think there are so many different economic indicators seeing so many different things that the consumer doesn't know what to believe, so even though we all know from an economic standpoint we're out of the recession, i think the consumers still require more proof, knowing that things are going to be secure in the long term, and i think then we'll see sustained consumer spending. >> a bit of trivia now, when did consumer sentiment hit its peak according to this survey? january of 2000, bill clinton's term, a whopping 1200 march, carter era, with a dismal 57, and now i'm patrolling for complyments from you two in new york, jon and jane, despite the fact that the economic data reports can be tedious and hard to report on in anything other than a very dry way, giveny kudos, won't you, for at least being unlike major garrett, who just a few moments ago from

the north lawn of the white house used i think the term regulatory matrix. jon: there was no matrix in that report from you, james, that's for sure! jane: that's about the extent of the comp polyment, rosen? jon: you guys both do a great job, thank you. we are tracking america's road to recovery, foxnews.com. we know a lot of you are scwhrien, while you're watching tv, so you can go to our website, get more in depth information, click on the road to recovery link, it's on the home page. jane and click on james' bio as well, send him an e-mail. a battle over judges is underway on capitol hill. even before the president nominates the new supreme court justice, the judiciary committee in the senate is holding hearings for various judgeships and goodwin liu is really a test case of the president's ability to win confirmation for a more liberal appeals court nominee.

liu's views in writing do not have bearing on rulings as a judge. take a listen. >> my record is an open book i absolutely have no intention and frankly, madam chair, i have no ability, to conceal things that i have said, written, or done. jane: as you probably know by now, justice john paul stevens is retiring and the chairman of the judiciary committee, chairman leahy, said he would like to hold a confirmation hearing this summer in order to have a new justice by fall. jon: caught on tape. check this out. a police officer videotaped beating a man over and over again during a traffic stop. what is really going on here? we'll get into that. jane: we also are learning about a big story breaking from wall street concerning goldman sachs and potentially your money. jenna is working on it, she'll bring us details after the break.

jane: to outside chicago where a police officer is charged in a beating caught on the cam remarks mounted on his own cruiser's dashboard, have you seen this, prosecutors are charging the officer with aggravated battery and official misconduct after seeing this, him hitting a motorist 15 times with his baton, this happened after the officer made a traffic stop. >> i'm not able to make a statement at this time, my attorney has advised me not to make a statement without him being present. jane: the officer and his attorney are paint ago different picture of what led up to that. on the phone is anita avarez, a prosecutor on this case, anita, thank you for your time, you have called this a senseless act of rage. what happened? >> you know, it's clear for us, when we look at the videotape, that he pulled him over for a traffic stop, and i think you've looked at the tape and seen there's no explanation as to why he started to beat this motorist with his baton.

it really is a senseless act, i think, it's -- you know, we can't really define why he did it, but clearly, based on the evidence that we viewed, this was a situation where clearly an officer stepped over that line. jane: it's pretty clear as we're watching this tape that the motorist here has nothing in his hands. was there a point in time where he threatened the officer and the officer felt like his life was at risk? >> at the time that we reviewed the ef, we didn't see any evidence of that, other than the fact that the motorist was ordered to get out of the car and as you can see on the tape he did exit the car, his hands were up or either on the ground. he was unarmed, and clearly, the officer started to beat him with the baton. jane john i want to put up on the screen the statement from the officer's attorney, ed wunderlin gsm, he told us this, i want to caution people not to rush a judgment, it was a situation which during the traffic stop the suspect fled and did not stop for the

officer, they did not comply with the officer's command to turn around and they put their hands over their heads. it was 4:00 in the morning and the third person was coming out of the house. the officer believed that he was in a dangerous situation what do you know about the other people in the car? we do see that one gentleman come out of the house. >> there was one gentleman, a passenger, in the car who exited the car as well, when the police officer pulled up behind them. he subsequently was tasered by the officer, and then the brother of the motorist, of the driver, who lived in that particular house came out, obviously after hearing the commotion. this was not a long, high-speed chase based on what we reviewed. this all took place in about 30 seconds and the officer pulled them over for what he said was squealing tires and he charged the motorist with several traffic violations as well as driving under the influence, but we dismissed those charges because there was no evidence to prove

that. jane: these are the injuries, the photographs of the victim. how is he dismog. >> the victim is doing better but as you can see, he did suffer injuries, including stitches, and he was beaten about the head, as well as his arms. jane: -- jane: anita alvarez is the cook county attorney, the prosecutor on this case. thank you for your time, and we'll continue to watch this. >> thank you. jon: this just in, the icelandic volcano is causing problems for our wounded troops, medevac troops out of iraq and afghanistan are not able to get flights into the medical center near ram stein air base in germany because the volcanic ash is preventing them from flying, instead the wounded will have to be medical i vacked to andrews air force base, they are take a southern route that does not involve refuelling but it is a much longer flight. no word on what it might be able to accept flights. up next, we're going to

be talking to one eye pot -- pilot who knows how frightening it can be when you get too close to that volcanic ash.

jon: the giant cloud of volume volcanic ash is disrupting air travel over europe for a second day, and it looks like it could be for quite some time. the cloud is spreading across europe, creating a mess for travelers. the u.n. is warning about possible health risks on the ground as well. thousands of flights have been canceled, millions of passengers around the world are simply stuck. some flights could begin leaving and arriving at airports in scotland and northern ireland later today, but ten airport necessary germany are shut down now as this cloud moves east. so how dangerous is volcanic ash to aircraft?

let's ask die kel yes, a retired airline captain and aviation consultant and he knows a thing or two about what it can do. it's not every day obviously that a volcano blows up in your line of flight. you have some sort of personal experience along these lines, right? >> that, i do. mount saint helen, when it blew up, 198o. we were coming out of seattle and we were following another airline southeast, and they were about 20 minutes ahead of us, and they talked to air traffic control and said we'd like to go down there and take a look at this volcano, and they went down there and we talked, i turned to the copilot and said that might be fun, and with that, they called back and said, you know declared it an emergency. they had gone into the clouds just briefly and it had destroyed their windshield, they couldn't see out of the windshield and both their engines were beginning to overheat and

they had to make an emergency landing at the closest possible airport, and eventually they had to replace both engines and both windshields. so naturally, we didn't go down there, we decided just to go on a regular route to dallas, which we did. but for several weeks after that, there was a lot of disruption up in that part of the world because of that. jon: thrfs a fairly similar story about a klm on a transpacific flight, i never knew that it was flying at night and the pilots weren't even aware they were flying through a coal vannic -- volcanic plowed. the plane dove to about 10,000 pete and luckily service was restored to the engine. >> well, it's true, i was -- one of the apl safety guys, i'm well aware of that incident. there's just not that many volcanoes around the world that spew that much smoke

and what have you. and so nobody has any experience. i mean, up until that point, we didn't have any experience, and after that, we never saw anything. i mean, there's an active coal veino on the -- volcano on the island in hawaii but it doesn't have that plume on it and there was one in the philippines, and the problem is, at night you can't see t. so the safest thing to do, if there's a volcano around, just stay away from it, that's what they -- that's what needs to be done and it's the smart thing to do. jon: different volcanos spit out different stuff but it's my understanding this icelandic volcano, the ash it's throwing up, it's not like fireplace ash, it's like little bits of ground glass, and it gets ingested into an engine and actually melts, and then, you know, gums up the works. >> there's other things bee sigh the glass, too, there's things in there, in the ash, that will affect the actual metal structure of the interior of the engine, the

turbine blades and the compressor blades, and it will mess up the air flow through the engine. so there's a lot of different things. the ash can be obviously different types, but all of it, you need to stay away from, it's dangerous. jon: this volcano hasn't erupted in about 200 years, but this thing could go on for a while. in europe, aviation could be a mess for who knows how long. >> they're saying that the minimum of two weeks before it really slows down, and it could be as long as several months. so i would suspect that they'll start using the southern track away from it as quickly as they can, obviously. i mean, they've got all these people that are stranded, they've got to do something. jon: denny kelly, thank you. >> thank you. jon: we know more and more of you are online while you are watching "happening now", foxnews.com has the very latest on that icelandic volcano.

you can stay on top of this developing story and its growing impact on people all over europe. go to foxnews.com, your other news source. jane: we've got breaking business news at this hour, the government is now charging goldman sachs with defrauding investors in selling them securities based on those subprime mortgages we've heard so much about. jenna, what do we know about this? >> reporter: this is what happened during the housing crisis, bank got together and took a whole bunch of mortgages, put them in a package or portfolio and sold that portfolio to investors. investors could bet in favor of that portfolio succeeding or against it, a whole lot of people lost a whole lot of money because they betted for the massive portfolios with mortgages that people eventually defaulted on, so this is what the sdc is saying about -- sec is saying, that goldman sachs works as a major hedge fund to pick and choose what they were going to put in the portfolio, then goldman sachs went and sold that portfolio to investors. here's the catch. the hedge fund that goldman

sachs apparently worked with bet against this entire portfolio, while goldman, who was selling it to investors bet in favor of it. the hedge fund made about a billion dollars. investors lost a billion dollars. and goldman sachs made money. again, these are allegations from the sec. goldman sachs is refuting the fact that -- or i should say the allegation that it -- it says this, the sec charges are completely unfounded in law and fact and we will vigorously contest them and defend the firm's reputation, according to goldman sachs who came through with a statement, saying that's not what happened, but the sec saying they have facts that show that goldman sachs did do this and we should mention, there are allegations like this opened in the last month, even years, for major banks doing the same thing but this is the first time we're seeing the sec come out with a fraud charge against a major bank like this. jane: jenna, thanks, let us know when you have more. a lot of people have been

blaming wall street for its role in the financial mess we're in, the white house and democrats have a plan on the table for some sweeping changes, republicans have very strong feelings about what is on the table right now. will this make things better or worse? or what are we looking at, more bailouts or not? jon: also, a speck tag ular sight across the midwest, a flaming meteor streaks through the night, lights up the sky, sonic booms, even. now some people may just strike it rich. how the meteor could mean how the meteor could mean big money. how the meteor could mean big money. you look beautiful tonight. allow me. it's tough to reach that five servings a day if you don't always like the taste of vegetables. i'll be right back, okay? okay. good thing v8 v-fusion juice gives you a serving of vegetables hidden by a serving of fruit. v8. what's your number? now try refreshing new cranberry blackberry

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jon: bringing down the deficit and getting our nation's financial house in order. it seems like everybody wants to do it, but how? some say we should consider a value added tax. it's already popular in europe among those who collect it. until recently there wasn't a lot of talk about it. but last night the senate voted to oppose the idea of a value added tax. what else it exactly? jim angle is live in our d.c. bureau. why are they talking about a new tax at a time when the economy is so fragile. >> reporter: the vote wasn't binding but it's a sign many lawmakers are worried about

what's coming. >> the value added tax is becoming a hot topic because people are realizing the deficit is so big, if politicians aren't willing to cut spending by raising tax rates on the rich won't provide enough. >> reporter: paul volcker who is one of the president's economic advisors says that is not as bad an idea as it used to be. jon: every time i go to europe i get the valley added tax -- i vet the value added tax receipt. i don't understand how it works. >> reporter: it's a national sales tax but one i am posed at every stage of production. take bread for instance. >> when the farmer grows the wheat and sells it to the baker,

there is a value added tax. when the baker sells it to the grocery store there is value added tax, when the store sells it to an individual, this a value added tax. >> reporter: 25% in some of the scanned favorran countries. jon: if it were imposed here wait be instead of the income tax or in addition to the income tax? >> that is the controversy. the poor and wealthy pay the same tax on every product, but you get different views whether it should be on top of the income tax. >> you would not want a value added tax to replace the income tax. if you did that you would have huge tax increased on middle income people and the working poor animalsive tax cuts for the richest people in the country. >> you don't want a value added

tax on top of the income tax on the perwise the total tax bite of the government is huge. going to the grocery store and paying a 20% tax on whatever money is left over. >> reporter: there are plenty analyst.talking about that but not politicians. president obama promised not to raise tax on anyone making under $250,000 a year and that would raise tax on everyone. jane: in an hour the president will sit down with his top economic advisors about reforming the economic system in this country. republicans say the current proposal is the government is guaranteeing we'll see more big bailouts. the democrats say that's flatly untrue. paul gigot is with us from the

"wall street journal." it's a $50 billion fund that certain companies would contribute to. they had problems they could take from that fund. >> that's not nearly enough. the democrats try to argue if you put this money in in advance, you won't have to go to taxpayers. i don't think that's right. i think even if you do hit the banks with the $50 billion fund. if you put the money out there, probably will be used. jane: chris dodd says this fund was the republicans' idea in the first place. >> i think some people have always liked the insurance that the banks are taxed on in advance. if you have this big fund, the tax itself will be passed along to the consumer or depositors or

shareholders in the bank. the banks will pass that cost along. the real issue of too big to fail is you give the government a lot of discretion through deposit or treasury guarantees. jane: they can choose who gets what and how much and you don't have control over it. >> if they want to paper off 80 cents on a dollar and somebody else 60. jane: do we ever get to where there is no expectation you don't get assistance from the government? >> investors believe the biggest banks can't fail. this legislation needs to have a lot more -- a lot firmer rules on not allowing that to happen. that's where the debate is going now. jane: harry reid was talking about pushing this next week for

a vote. it's very partisan right now. >> it is. the republicans are trying to hold together their 41 votes. if they do that, they think they can force the democrats back to the negotiating table. if the republicans hold 41, the democrats will have to go back and negotiate with them again. jane: paul will be watching that for us. tomorrow 2:00 eastern, that's followed by another smart guy, jon scott. they take a look at how the media is covering the news. jon, paul, thanks. jon: california wine country under seize. an invision threatening the grapes. >> reporter: 1/3 the size of a penny, a pest that has come from europe threatening california's wine industry and table grape industry. we'll show it to you live as we

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jon: in california's napa valley a tiny critter is causing a big problem for wine makers. thousands of european grapevine moths are emerging notice world-famous wine region. it's causing 2662 miles of vine -- causing 262 miles of vineyards to be placed under quarantine. >> reporter: we are at silverado vineyards. they don't have the moth yet. but what they are doing is watching for it very closely. the moth itself -- we have some

video of what it looks like. it's about 1/3 the size of a penny at full-grown stage. it can cause significant damage to the blooms of the grapes and later on in the summer that same lar varks ae can -- the same larvae can burrow into the grapes. >> this cannot be good news for wine lovers. >> reporter: it won't decimate the actual crop, what it will do is significantly reduce the size of the crop. wineries will pay more for grapes so the bottle of wine you buy at home will be more. you drive through napa and sonoma counties, you forget it's agriculture. they don't know how this moth got here.

but this pest could cost you money at home when you buy that bottle of wine. jane: sexual harassment allegations continue to pile up against the action start steven segal. courtney has been following this. >> reporter: we note first incident involved a woman named kate wynne. she filed a sexual harassment case for wrongful termination. segal says she is a disgruntled employee and she is violating a confidentiality agreement by speak out. if she goes forward with the lawsuit, they will take her for all she is worth. but wynne's lawyer says that's a threat. now five other women have come to his office and signed

declarations of inappropriate conduct by the actor. we are learning jenny mccarthy had a similar experience. she claims segal asked her to take off her clothes then threatened her not to tell anyone about it. she started crying and ran out of the room. segal had been shooting a reality who in new orleans. a & e has suspended production and you can check out more on foxnews.com, the new entertainment site. jon: we have more for you on the stunning light across the midwest. nasa says it was in fact a meteor. this is how it looked from a patrol car. wednesday night it freaked a lot of people out. but today people are outlook for fragments of this thing. they could make a lot of money

selling pieces to museums and space centers if they can find them. in 2003 meteorite fragments totaled up to a half million bucks. jane: get out there. a federal judge has ruled -- have you heard this? the national day of prayer is unconstitutional. how is that possible? we are going to try to explain it to you. plus a romantic date came to a bad ending. a strange ending for a pair of eagles. how did they end up like this. ♪

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jon: the national day of prayer

here in the united states violates the law according to a federal judge in wisconsin who ruled it violates the constitutional ban and government-backed religious. the judge writes its sole purpose is to encourage all citizens to engage in prayer, a religious exercise that serves no secular function in this context. according to the white house the ruling will not stop president obama from recognizing as he did last year a national day of prayer in the coming weeks. but where does the debate go from here? jon: in the declaration of independence, these were religious people building the country on a religious basis. where does he get off saying it's unconstitutional. >> i she is wrong.

when they appeal, when the government appeals that is going to be overturned. she is suggesting this is promoting religion. and it's not. but it's exercising the right of the first amendment. it's allowing people to say if you have religious beliefs, today is the day. recognize those. this is not unconstitutional. the first amendment guarantees freedom to choose your religion. jon: he says it goes beyond acknowledgment of religion because its purpose is to push people essentially or encourage citizens to engage in prayer. is that what it is? >> i don't think it is. it's to recognize different beliefs in our society. there are a number of different secular and non-secular holidays. there are days off for certain things that don't violate the constitution. i think this is someone

advancing an agenda. jon: isn't there a difference between congress trying to establish a state religion which is forbidden and congress recognizing the practice of religion by free people? >> entirely. that is what the foundational element of this country relative to separation of church and state was. they cannot man date religion, force you to be of a certain religious belief. in this country you have the right to worship anything you choose. this is not a mandate for religion. jon: there are all kinds of wacky rulings coming out of courts these days. is it possible a year from now we would not be allowed to celebrate a national day of prayer? >> can they stop you from celebrating something, unlikely, no. does that mean people can't

acknowledge their religious beliefs? no. jon: kelly, thank you. jane: corporal punishment making a comeback in texas. take a look. talk about a spread eagle. these are two majestic birds, head first in a snow bank. how did they end up this way? biologists have a reason.

jon: mother nature can give us such inspiring scenes. but she can be cruel. eagles when they mate, they dean aerial ballet. they plunge from high altitudes down towards earth and separate just in the nick of time.

but not always. take a look. this bizarre picture -- a pair of bald eagles stuck head first in a snow bank in alaska. the male, apparently -- it shows you guys, leave the women alone. they can be fatal. experts suspect they didn't quite disentangle themselves in time. jane: they really liked each other. the female has done to a raptor rehabilitation center. she is being cared for there. they say she seems to be okay, poor thing. there is some sort of message there for the men in the mating ritual. jon: thanks for joining us today. megyn: can you show us how that