bill: he has a new book out. a great book actually. we'll see you on the radio at 11:20. martha: we'll see you on the radio and back here tomorrow. bye-bye, folks, have a good one. jon: a good wednesday morning to you. i'm jon scott. jenna: hi, everybody i'm jenna lee. we are here in the fox newsroom. happening now a top u.n. nuke already official says there is no way forward with iran when it comes to the atomic programs. jon: the president will face off against a republican challenger come november. could the high gas prices and oil prices prove to be his biggest rival. jenna: we all want our kids to be safe but this one for every day leaving is that okay or a little bit over the top? that is all now on "happening now." jon: breaking news out of sear

why whersyria where shelling has killed two americans. we have the reporter from the sunday times of london. two journalists died in the city of homs. it has faced weeks o of assault by government forces. secretary of state hill hil hillary clinton goes to the region to meet with readers. what can you tell, about marie colvin's death. >> reporter: she and a photographer were killed when a shell hit a house where they and other reporters were saying at a house. two other reporters had been injured. she was on oliver north war stories, she was on cnn anderson

cooper's 360 hours before she died. she was well aware of the dangers she faced. she says you can figure out where the snipers are and avoid the places but you don't know where the shells are going to land. >> there is the free syrian army heavily outnumbered and outgunned. they have probgt propelled grenades, but they don't have a base. >> reporter: the um estimates 5400 people have been killed since the syrian uprising began about 11 months ago, other estimates put the figure at tries that number, jon. jon: when moammar qaddafi was killing his people there was an international intervention. what are the chances of something like that happening in syria. >> reporter: they opened up the door a crack to provide weapons for the rebels if bashar

al-assad's people don't backs offer. officials still think there is a chance for a political settle the. officials here at the state department indicated other options are on the table in what sounds like a warning. here is vehicle yore yeah newland. >> what we don't want to see is the spiral of violence increase. that said if we can't get bashar al-assad to yield to the pressure that we are all bringing to bear we may have to consider additional measures. >> reporter: secretary of state hillary clinton will meet with officials from 70 countries and groups in a friends of syria conference in tunis on friday. it's the first international gathering since russia and china vetoed a u.n. security council resolution calling for bashar al-assad to step down. jon: thank you. rupert murdoch is the chairman and ceo of news corp. which owns fox news.

he writes. marie had fearlessly covered wars across the middle east and south asia for 25 years for the sunday times. she put her life in danger on many occasions because she was driven by determination that the misdeed of tyrants and the suffering of the victims did not go unreported. this is a great personal cost ... martha: day ra hapb leaders step up threats twarpbg of transit military strikes against any enemies. michael o apz hanlan is with the brookings institution. you said what happened with the investigators at the u.n. is a step back, but there is still a

path forward. why? >> i'm not sure there is a path forward but there are possibilities. the set back here of course is that iran has been sort of half playing by the rules, half not. it let's inspectors come in enough to make sure that they are not directly building a bomb right now, even though we all realize they are making baby steps towards that bomb, and this helps iran try to convince other countries not to tighten sanctions. the stantions are getting tight end any way. iran is thinking of changing its tactics. i still think it is willing -- hasn't kicked the inspectors out, hasn't refused the teams entry into the country. it's playing a halfway game and doing enough minimal compliance that it prevents countries like china from really tightening the screws. it's seeing if it can pull that out. meanwhile we don't even know as the sanctions do intensify if iran would consider a compromise deal, in other words, keeping some of its uranium enrichment capability but having that under tighter restrictions and tighter

monitoring, as long as we start to relax the sanctions. there is that possibility of a deal. richard haas and michael levee wrote about it in today's "wall street journal," i think the is a distinct possibility. they may be looking for a face saving out. at least there is a possibility. jenna: making sure that we still entertain that possibility let's talk a little about the sanctions. as you mentioned there are still buyers of iranian owner, russia, india, china will continue to buy iranian oil. as the tension increases the praothe price of oil goes up which is good for a country like iran who is trying to sell oil. there is tension that is working according to reports and there is the other side that almost seems to be making their product even more attractive on the world marketplace. >> you're right. the sanctions approach can backfire. first of all it's not going to prevent iran from getting the bomb, it's going to make iran pay a price for continuing to pursue a bomb, or the potential

for a bomb. we have to be very clear. even if sanctions work as perfectly as top advocates would like it would not prevent iran from getting a bomb. the goal is to make it simply untenable within iran's regime to keep going down this path because the economic pain becomes too great. as you point out correctly if we play this wrong iran may not suffer at all. if the price of oil goes up essentially faster than iran's production annex ports go down iran's revenues could stay unchanged or even increase. what the administration is trying to do is help other countries find alternative sources of oil and phase in these sanctions and tighter restrictions gradually. the hope is that we can essentially play it right, but it's not guaranteed to work. jenna: there is so much posturing on every side for obvious reasons. on a daily basis, it's tough to navigate how afraid we should be of iran as americans and how much of a threat this is to our

national security. you've traveled all over the world. how would you place this threat to us as americans? >> if eye van got the bomb i would not be happy. i don't know american strategist that would be happy. i doubt very much that iran would fundamentally change its be behavior. the bomb might give it a bit more prestige, might make it feel it could take a few more risks with support for terrorism. it already does a great support of terrorism with the bomb. i don't think it will do anything at the bomb. it doesn't mean that at any given moment a regime like that is likely to strike. deterrence still operates, and as pointed out in a washington column last week we've still never seen an iranian suicide bomber, which means martyrdm is

not popular inside iran. it's not good news if they move in this direction but it's probably something we can adjust to if necessary. jenna: some people agree with that. some say it's an absolute deal breaker. we appreciate your insight and look forward to having you back. bill jon: we are awaiting details from timothy geithner on the president's plan to cut the tax rate. it would drop from 35 to 28%. tax revenues from businesses actually would rice with th rise with the elimination of hundreds of popular deductions. lore tree rot man joinlori rothman joins us now. some companies especially in the manufacturing industry will pay fewer dollars in taxes, but all in the american corporate sector, american business will be sending more dollars to the

u.s. government, and look for this to come under heated debate. the treasury secretary timothy geithner said this is going to be revenue neutral. fox business has been reporting for a year that in fact it will not. let's go over the elements of the plans, just five points here from the president and the treasury secretary. the lowers the corporate tax rate, 35% down to 28%. right now the american tax right is among the highest in the world for corporations. the plan also eliminates dozens of loopholes and subsidies. the bottom line here even though companies will pay a lower rate the loss of those deductions, loopholes in many cases will net out to higher taxes. number two manufacturing. again this is the industry that stands to come out of this best under the plan, lore erring its effective tax rate in 25% and focusing on research and development of glean energy. this is really going to sock it to the bottom lines of a lot of big american companies, companies multinationals as we characterize them. companies that do business and

earn present profits overseas. apple, intel, nike, mcdonald. a new minimum tax on all the earnings those companies make overseas. so this is according to the administration to encourage more investment in hiring domestically, but some issues that haven't been addressed here, the regulatory framework and the fact that you're going to have to pay higher labor costs here in the u.s. also it's going to make it easier for small business toes pay taxes. the tax code as it stands is so complicated it prevents them from making all kind of capital expenditures and initiating job growth and not adding a tim dime to the deficit. martha: we are also on jury watch in the, va lacrosse murder trial. the fate of george huguely hangs in the balance. a live report from the courthouse as deliberations happen today.

jon: also rick santorum's surge and his focus on social issues. putting mitt romney on the defensive. what it means for the g.o.p. race and the republican party's chances in the general election. chris wallace brings us his take next. [ male announcer ] drinking a smoothie with no vegetable nutrition? ♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8.

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jenna: this fox news alert out of argentina, brand-new images coming into our newsroom of a train crash where we understand more than 500 people have been injured and several people have died. you can see some of the injured there lying on the ground, apparently what happened is that this train crashed into a busy railway station platform, and that's what caused this accident. we are still getting details of exactly what happened, why the train didn't stop and get you some more numbers on those believed dead. i see on the screen at least 40 dead. that might be the latest wire that we have, 550 injured. as we continue this watch the rescue operation we will bring you more updates as we get

them. jon: let's get into america's election headquarters now and the republican race for the white house. rick santorum's rise in the polls and success in reaching social conservatives is putting lots of pressure on mitt romney. the massachusetts governor has been spending more time on the campaign trail talking about social issues. take a listen to governor romney at a campaign stop in michigan yesterday referencing his more money faith and criticizing president obama on the contraception controversy. >> i can assure you as someone who has understood very personally the significance of religious tolerance and freedom and the right to one's own conscience i will make sure that we never again attack religious liberty in the united states of america if i'm president. [applause] jon: with us now the anchor of fox news sunday, chris call

last. up to now mitt romney has stressed his business credentials saying he is the guy who knows how to create jobs. why the pivot to social issues. >> reporter: i'm not sure it's a pivot. he sees there is vulnerability on the part of the president and he sees rick santorum playing this card. he can't go after santorum even on things that he may not agree with, on birth control, or attacking president obama's theology, but he can't go after him on that because his credentials, romney's credentials as a social conservative are somewhat suspect. better to go after the president on that. he really is all in as an economic conservative, and in fact today he's going to put some more meat on the bones of his economic plan. he's having a big announcement where he's going to talk a little bit more about tax reform, a flatter and fairer tax, more spending cuts and also more dramatic entitlement reform. i think you'll see him talk about that a lot during the debate. he's making a speech to the

detroit economic club on friday. he knows that he's never going to beat rick santorum on the issues of social conservatism. he can hope to establish the fact that he is one, but he is all in as an economic conservative and as a person who can turn around the economy. jon: well he also took on the president on that issue that the president was so criticized for, the contraception issue involving the battle against the roman catholic church, in particular. giving no ground to rick santorum he brought up that issue yesterday as well. take a listen. >> unfortunately, perhaps because of the people the president hangs around with and their agenda, a secular agenda they have fought against religion. there was a decision you may not have seen, this administration argued that a church should not be able to determine who their ministers are officially for purposes of determining their exemption from certain labor laws. and so they said that the

government ought to be able to decide who a minister is. jon: is it helping? i mean he seems to have mad at least according to some polls lost the frontrunner status to rick santorum. >> reporter: he certainly has nationally. he apparently has a narrow or a big lead in arizona, and appears to really be closing the gap with santorum in the all important michigan, i say all important because of course it's romney's home state, it's the state where romney's father was the governor for three terms. look, romney is never going to beat santorum as a social conservative. he obviously wants to show that he is a social conservative, however, and that is a fairly safe issue to deal with, the one of challenging obama on the question of religious liberty. you know heights a delicate issue, because the kinds of appeals that are so effective when it comes to republicans, and social conservatives in the primaries and caucuses would not be nearly as effective if you

believed the polls when it comes to a general election. so romney has to be pretty careful there. there are a lot of independents, swing voters, a lot of suburban women who may not be persuaded on some of the social issues and maybe uncomfortable on them. romney not only has to win the nomination but look ahead to the general election as well. jon: that's the age old problem i guess for these candidates. chris call last, the anchor of fox news sunday, chris, thank you. >> reporter: you bet. jon: don't miss this week's edition. chris is going to take on fox news sunday two days ahead of the crucial primary contest in arizona and michigan. a great line up of guests, check your local listings for the time and channels it runs in your area. jenna: the feds saying scores were the target of the would be capitol hill bomber. but they are raising concerns about other possible targets. what has the u.s. intelligence

community so what are read? we'll tell you up. they are back, gas thieves returning along with spiking gas prices. they aren't just targeting your car any more, but entire gas stations. how they do it in plain sight. weee show you some of their techniques. the white castle burger chain going high brow. how about a nice cabernet with your burger jon. jon: sounds good to me. jenna: we are not kidding. the nice details ahead. ♪ [singing]

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jon: fox news alert. and amber alert alert underway

right now in dekalb county georgia. they are looking for two kids. jalin madison, and omari madison. they are told that their mother says she was driving the family's 1996 volvo when it broke down in the area of wesley chapel road, 2645 the exact street address along i20. another motorist, a black male, apparently, she says pulled over to help. she put the children in this other guy's green jeep, and he drove off, at least that is the story that she is telling police. so the amber alert is on. anyone with any information is asked to call (770)724-7850 that's the number for the dekalb police department. it's an amber alert for a guy

driving a green jeep cherokee who is accused of driving off with these two young kids. jenna: more on this story as we get it. "happening now" the moroccan national accused of planning a homicide bombin bombing just appeared before a federal judge. chief intelligence correspondent catherine herridge is taking a look at this. >> reporter: good morning the case is really significance for two people, it's yet another example of an alleged suicide bomber within the united states and the suspect was focused on multiple military targets. they want to make the case that he is a threat to the community, a flight risk and should be denied bail at a court hearing in georgia. we expect more details of the plot to be laid out. the more rack on national wanted to blow up a building in alexandria, virginia that housed military offices. he then discussed targeting army

generals and also a restaurant d.c. restaurant that was popular with the military. he told an undercover agent this was justified because he believed the u.s. was at war with his religion. jenna: there seems to be a spike in these cases recently targeting the military here. of course the military are targets abroad, but what is going on? >> reporter: according to this recent report by the congressional committee on homeland security there's been a dramatic rise in domestic plots against the military etch. 70% of the plots surd since made 2009 including the two successful homeland attacks since 9/11. there are more examples. they allegedly wanted to hit a military target but decided it was too difficult and settled on a popular restaurant. there you see on the right, jose pimintal from new york, it is alleged he wanted to attack returning military from iraq and afghanistan.

>> they definitely believe the u.s. is at war with islam, not with al-qaida, not with terrorists but that we are at war with islam and an american in uniform is the personify indication of what they consider to be evil. >> reporter: when you're talking about these home-grown plots the tip of the spear is the targeting of the military. what is sort of most troubling as you mentioned is that they are targets overseas and increasingly we are seeing that they are targets in the united states. in addition to the figures i've gave you there have been at least five cases of insider plots broken up as well. jenna: you want to feel safe when you're home. that is the number one priority. thank you. we'll continue to watch this the. jon: the case of a former uva lacrosse player accused of murdering his ex-girlfriend is now in the hands of a jury. deliberations are underway right now. a live report from the courthouse. and with gas prices soaring, what the high prices at the pump could mean for president obama come election day. what's this? it's progresso's loaded potato with bacon.

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jon: jury deliberations are underway in the uva lacrosse murder trial. the jury will decide if george huguely is guilty in the beating death of his ex-girlfriend yeardley love.

doug? >> reporter: good afternoon. interesting development just about 20 minutes ago. all the parties were summons back to the courtroom. the judge told them the jurors had a question. that question was, what is the definition of reason? it pertains to question number one -- number 21 on the jury form. the judge bandies about saying i have no special definition other than what is used in everyday life. they were impaneled in the jury look two hours ago. here are the charges they must weigh. first degree murder, felony murder, robbery of a residence, burglary, entering a house with intent to commit a fell any and grand larceny.

huguely could face anywhere from one year in prison to lifetime in prison. even if the jury finds him not guilty of first degree murder they can still find him guilty of felony murder. but to do that they must find he also committed a robbery. if he is acquitted of all murder charges, in virginia under a robbery finding he could be sentenced to prison for five years to a lifetime in prison. if they find that the laptop he stole from his on and off girlfriend's apartment was worth $200 that constitute grand larceny. if it's less than $200 it's petty larceny. those are the charges the jury will have to weigh. because of those nuances many speculate it could take some time. it's notoriously to predict

whatever decision a jury will make. jon: the most important consideration is a young woman's life was taken and they have to find out what the circumstances were. jenna: did you see that door that was smashed in? that was supposedly the door he smashed in. i hadn't seen that as well. you can see force it is to break down that door. a lot for that jury to consider. we have a legal panel coming up to talk more about it. we want to talk about politics. the politics of store soaring oil and gas prices. $3.57 is the average. 40 cents higher than a year ago at the same time. you are my human calculator. cost is expected to rise. doug schoen is a former pollster

and fox news contributor. he says gas prices could be the president's biggest challenge on election day. why is that? >> because the republicans as a party are not doing particularly well vis-a-vis the president. his approval keeps going up, his vote share keeps going up. if prices at the pump go up to $4 or $5 this summer you could see economic activity slow. inflation potentially set in and real americans see their lifestyles cripple by higher gas prices. that could hurt the president badly in november. >> we normally see a pattern, gas prices are higher than they have been at this time of year. but we do see gas prices rise in the summer and come back down in the fall. that many the normal trend. how close to elections must gas prices be high to have a real

effect? let many say by october 1, if they are down by that point, will they have less of an impact on the election? >> absolutely they will have leaves an impact. what the president is scared about is with the republican convention the ebtd of august, the 27th to the 30th of august in tampa, the momentum the party will generate given the enthusiasm that the achievement of a consensus nominee will achieve. plus gas prices at a peak will provide a degree of momentum for the republicans they have been unable to muster. even if gas prices come count worst case scenario for the white house is this economic recovery and the payroll tax deal, reform of corporate taxes will go up literally in smoke as people drive or more likely cancel trips because of high gas prices. jenna: there may be an issue

here, gas prices might be it in the republican party. the president will be down in florida. you guys can have lunch. he will be at the university of miami giving a major energy speech tomorrow. but one official told our ed henry yesterday, he will be talking about what congress should do and what he would like congress to do to avoid this regular cycle where gas prices spike. do you think this is a wise move by the president to tackle this head on now? >> absolutely critical. the president has to get ahead of rising gas prices. the white house knows what we have been discussing is absolutely true. they have this all-in policy of look for alternative energy, continuing to drill for fossil fuels in the arctic basin. and still encouraging nuclear. but the president has to get that policy out ahead of the rising prices as a means of trying to blunt the political impact of what are almost

certainly going to be rising prices at the pump. jenna: jon and i were talking about how one single person cannot affect gas prices, meaning the president himself. if he gives the plan to congress, it's an interesting way to get ahead of this issue. always nice to have you. send our regards to the president in miami tomorrow. thanks, doug. jon: here is one sign gas prices are skyrocketing. police say a minivan was rigged by thieves who wanted to steal fuel. >> reporter: siphonning fuel is so 1970s apparently because fuel thieves are going right to the source and have struck again. this time at a bp gas station. rather than pay for the expensive gas, the drivers about pulled up to the pump, rigged with a pump of its own which

sucked dozen of gallons of diesel fuel from scene underground storage tank. he in thed the van was parked at an odd age while two people were in a lookout car. by the time the officer noticed what was going on the lookout car was gone and gas started spilling out of the van. less than 500 gallons was spilled and most it went down the storm drains. when the pumps went back on people said they sort of understand what may drive some of these thieves. >> it's not right. but that's what happens. people get pushed to the limit and that's what happens. >> reporter: others say gas is too easy to steal. detectives say they have valuable clues about who tried stealing the gas. they did leave their specifically rigged van and all the fuel behind so i guess the thieves weren't that smart. jon: they were pumping it into

their van and it went sphoin overflow. >> reporter: then they took off so they got nothing. jenna: then there is this. because -- well, take a look. that's the ohio river landmark and it's been up since 1928, the stubenville bridge it was the first ohio river suspension bridge to have a concrete floor. it was closed three years ago when an inspection found potential safety problems. the ohio department of transportation says the demolition happened without problems. one pier on the ohio side of the river will remain as a monument for that 1928 --

jon: i can't get enough of those explosions. can what you post on facebook determine how successful you might be in a career? jenna: do you have a facebook page? jon: i do. i'm not in love with it. research says your facebook profile may be telling potential employers much more than you might realize. ski resorts spending millions of dollars to ditch their dependence on mother nature. we'll tell you about the unique ways these winter getaways are trying to become year-round attractions. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert

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jenna: a big development in the rutgers trial linked to the suicide of tyler clement. also fox news getting an exclusive inside look at the front lines of the drug wars on

our southern border. a live report just ahead. scientists discovering a cousin to mother earth. a super planet 40 lightyears away. lucky for you you don't have to wait that long to get details. we have that coming up. jon: if you think facebook is nothing more than a way to waste time, potential employers have been trolling facebook to check out jobs candidates. jenna: when used as a recruiting tool by employers may actually be a strong predictor of someone's success on the job. jon: you took a look at people's facebook pages, had some folks evaluate them and get a general sense of who this facebook

poster is, right? that's how it works? >> that's correct. we wanted to assess personality profile, so there is a lot of management literature and psychology literature that shows the personality can predict job performance and there is literature that says, things that you write, your emails or your pictures are predictors of your personality. so we wanted to test to see if we could assess personality traits and see if they would then be able to predict job performance and academic success. jenna: this team of laters took a look at a facebook page. so they looked at the page and kind of rated some different parts of the quiz, that same quiz the human resource department would give jon if

they were interviewing him for the job. you found the quiz and the fox news alert raters were pretty close, is that right? >> that right. the facebook raters spent 5-10 minutes locking through pictures and the behaviors people were engaging in, the conversations people have on their wall posts. their favorite books, music. all the information that's available on facebook. those ratings correlated with self-rating the personality from a personality test. jon: we all herd stories about young people who put stuff on their facebook pages, drunken binges and they go out in the workplace and find out bosses look at that stuff and they don't get jobs as a result. do those things hurt in your study? >> the traditional way that employers have looked at facebook profiles have been for disqualifying information. so i had a lot of questions about if someone is, say, drink,

would that disqualify them? it depend on what all would be that photo. in your personal life it's socially acceptable to be drink and be social and that's not necessarily a bad thing. depending on what else is going on in that picture it might form a negative i am preparing of that person evaluating you. jon: it doesn't hurt as much as one might think. interesting stuff. thanks. jenna: i don't have too many incriminating photo on the facebook page. but the last thing i did put up there is a photo of grasshopper tacos i had in new york city. they were good, but i don't think i would have them again. grasshopper tacos. something different. speak of what you can get on the menu. are you going to be okay? get a snickers bar, it will be fine. there is a new item on the menu

at white castle. the drink you can order with those sliders at the hamburger chain. and a new trend for babies. we'll tell you why some parents are buying these helmets for the little kids. a good decision? we'll taking that coming up. we want to protect the house. right. but... home security systems can be really expensive.

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jenna: "happening now." what every parent needs. a new accessory for your child. parents are buying these new helmets for their babies to be worn all the time. julie will tell us about this and tell us whether she invested in one for her little girl.

>> reporter: you seem to think this is over the top. jenna: i defer to you and jon on the parenting skills. >> reporter: as a crazy mom i do not own one of these. but more and more you have the baby helmet. much to my surprise i don't own one of these. but many parents do, parents of perfectly normal children. they are putting these helmets on their baby. are they taking brain injury fears too far. growing awareness is that early head trauma can have detriment@al and lasting effects. one set of parents who bought these thud guard brand after their son hit his head hard enough to send him to the emergency room. he says why risk a hospital encounter when they can buy one of these.

they say they have peace of mind because their baby can play and they don't have to panic. jenna: do you know how much they cost? >> reporter: i have no idea. i failed on that part of my research. i'll have an update for you. we need to find this out. jenna: no one wants babies to get hurt. the ears on the helmet? we'll see. >> reporter: maybe whenner in on a bike. when they are crawling around the house it might be over the top. $43. that's about as much as my bike helmet. >> reporter: parents spend a lot of money to protect their kids. for many parents this might be money worth it. jenna: email us and let us know. julie, thank you. jon: a white castle is going upscale in a major way. the 90-year-old burger chain

trying out a new concept pairing selected wines with their sliders. they will set you back for $4.50 a bought. beer all on the menu at $3 a pop. but you can forget about your vino to go it many table service only. beer and wine service only offered at one white castle in lafayette, indiana. jenna: it's national margarita day. no coincidence with ash wednesday. i think they are separate. where do the candidates stand in the race for the white house. brand-new poll results we'll share with you. they risk it all at one of the most dangerous places on earth. police forces trying to combat pirates in somalia. colonel oliver north is on the ground there and he will join us

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jenna: the white house has a new strategy to ease the price of oil and gas. a big headline for us today. >> reporter: we don't have too many details at this point. we'll find out more tomorrow when the president travels to florida and delivers a speech on energy and gas prices at the university of miami. the white house insists this is not a response to public pressure on the president over gas prices, but a senior administrator official says it

is a way to acknowledge the obvious, that voters are upset about high gas prices. the president will layout details of what congress can do to avoid this regular cycle of spikes in gas prices. white house president obama secretary jay carney suggested yesterday that the president is motivated by long-term policy while others are motivated by politics. >> there are no magic solutions to rising oil prices, and the pain that americans people at the pump. the fact is, is that the president is very aware of the impact that the global price of oil has on families, and this is not something that this administration discovered, or rediscovers every spring as some politicians do. >> reporter: carney said oil and gas production has increased in every year since president obama has been in office, and they plan to make that point

tomorrow, jon. jon: i take it there is talk of another payroll tax cut to help consumers? >> reporter: twaubg, it's onl talk, it's only that. they call it a pocketbook protection plan. the idea would be that it would be triggered when gas prices go above $4, it would be a 1% tax cut, and it would be funded by corporate surcharges. he says by developing and announcing a plan now the administration can avoid being unarmed when facing the horrible choice between enduring the anger of voters hurt by gas prices or backing republican policies that are bad for conservation and for the environment. i should stress the administration itself has not proposed this idea, they've just achieved a victory with the tax cut we already have, the payroll tax cut, jon. jon: in this new corporate tax overhaul thing the house is rolling out, they are proposing lifting, boosting taxes on oil

and gas companies. that is not going to reduce the price of gas. >> reporter: that's right. the new idea would be to temporarily boost the corporate -- surcharge on corporations to pay for the extra payroll tax cut. so there is a disconnect there as well. jon: steve centanni live at the house,. jenna: are you trying to steal my next segment. jon: maybe. jenna: let's go in and bring steve moore from the "wall street journal." he'll talk about us about the new corporate tax plan. is he there in washington d.c.? there you are, steve. the overview is this. he they are going to propose to cut the corporate tax rate from 35% to 28%. eliminate deductions and still raise billions of dollars. that's the proposal from the administration. what does that mean overall for businesses? >> reporter: well, jenna, first can you tell my friend jon that he gets an a in economics today. jenna: you had to go there. jon: i took some economics.

>> reporter: how will you going to get lower oil prices when you're raising the taxes on the oil and gas companies. this is a breakthrough, i think this is an important moment for this president. he has finally announced a tax rate reduction when in the last three years he's been talking about raising tax rates. he would cut the corporate tax rate from 35% to 28%. by the way that is why the idea of this quarter percentage point increase in corporate taxes to finance a payroll tax cut would make no sense and it would be contradictory to what the president it is talking about today. even the white house is acknowledging that our corporate tax system in america is an albatross about the neck of our economy, it's not good for american jobs and procee productivity to have the second highest corporate tax rate in the world. jenna: fox business network has done great reporting on this over the past year to figure out what the plan is. let's talk a little more about the oil and gas companies. that's a good example. you lower the overall corporate rate that they are charged right

now, on what they make but then you close some of the sudden satisfactory dethe subsidies, and loopholes and they end up paying more in taxes than they do now even though the overall rate is lore. what does it mean for us as consumers. >> reporter: that's a great point. i've only see a rough outline of the plan, it was just announced about a half an hour ago. i've been securin trying to find out the devil in the details. there are certain industries that the obama administration doesn't like that actually would pay more taxes. the oil and gas industry would have a big 40 billion-dollar tax increase. that is the industry over the last couple of years that has created the most jobs. the healthcare industry, healthcare and medical device manufactures would have to pay higher taxes under this system. you're right, it gives some breaks to some companies, but other companies would pay more, and that's what we have to go through is see who is a winner and who is a looser here.

another area where the president would raise taxes is by companies that have overseas operations, that might want to bring that money back to the united states. this raises that tax on that kind of operation. my worry is that if you do that a lot of these multinational corporations, they won't be american companies any more, they might become german companies or french companies or chinese companies. jenna: we are just getting our first look at the plan and there is still a lot to work through. overall as a starting point to talk about corporate taxes and corporate tax reform, how would you grade this? >> reporter: boy that is tough, i would give it maybe a b minus. it's really important that now we even have democrats saying look we can't go forward with virtually the highest tax rate in the world, that is putting a toll or traeufr on our own services. i think the president's heart is in the right place by trying to bring the rates down. the other big story today is that mitt romney has also proposed a new tax rate reduction plan.

everybody is coming out with new tax plans. it's going to be a busy day to go through all the details of these. jenna: lots of fun, isn't it. day of taxes. by the way i'm not going to be able to sit next to jon for the next hour or so. >> reporter: he nailed it. jenna: steve, thank you very much. much more on taxes of course over the next several weeks and months. we'll have you back for sure. >> reporter: see you soon. jon: i like that. you're inside america's election headquarters and brand-new polls on the republican candidates. latest numbers from the associated press show republican voters on split on who should win the nomination and go head to head with president obama in november. rick santorum leads mitt romney by one percentage vote among republican voters. newt gingrich and ron paul well behind mayor rivals with just 15% of the vote. what does this mean for this top se case?

charlie hurt is with the washington times. what we didn't mention there is that both of the republican front run eurs, mitt romney and santa ana seem to be slipping when matched up against president obama. >> reporter: i think what the poll reveals most starkly is just what a deep funk i think g.o.p. voters are in right now. the party establishment has given them -- it's almost like an arranged marriage with mitt romney and the bride to be just will not have him. she has runoff with every single other candidate that's come through town, and of course every one of those candidates has kind of turned out to be sort of a disaster. then again turning back to mitt romney, they clearly do not want to go into this election, general election with mitt romney. and i think that what that -- the result of that is just and overall lack of enthusiasm which is what we're seeing in this sort of match up between either mitt romney or rick santorum,

and barack obama. i do think that things will improve a little bit once a nominee is chosen and voters -- republicans have to get behind one of the nominees. but i think perhaps the most troubling aspect of all this is that republicans are seeing mitt romney have such a hard time closing the deal, sealing this nomination, and they wonder, well, if he has this much trouble against michelle bachmann, against herman cain, rick santorum now how much trouble will he have against barack obama in november. jon: all the republicans are engaged in a circling firing squad. a lot of ads running, one candidate criticizing another. the assessment is that helps president obama distance himself from whoever the ultimate nominee becomes. is there going to be time in the nine months before election day for the nominee to try to make up that gap? >> it's a great point john.

i don't think we have ever seen this much negative advertising dumped in a primary. you're right it is like a circular firing squad. i take a slightly different view of this. i think that negative ads are generally pretty good, as long as they don't go over the line. jon: you haven't had a negative ad run against you. >> reporter: this is true. i think they tend to highlight the differences and tough even up the candidate. there was a lot of negative ads back and forth during the 08 campaign between hillary clinton and barack obama and i think that in the end that that made -- of course they were nothing as negative as what we're seeing now i don't think, but it did make barack obama a much better candidate. and come november nobody remembered any of that stuff. voters by and large, especially democrats loved their candidate, and came out in historic proportions for him obviously. jon: we'll see if that happens again. charlie hurt.

that arthank you. jenna: brand-new information just out on iran's pursuit of nuclear technology. amy kellogg is live in london with the story. >> reporter: these are some of the 1600 telegrams that were acquired exclusively by the institute for science and international security and just passed onto fox news. basically these documents attempts by iran as far back as the 1990s to acquire nuclear material. and jenna, what is significance about all of this is that these requests were not emanating from the iranian atomic energy agency but rather from an institute that was under the auspices of an iranian military organization. >> it supports the ie evidence that there was a parallel military nuclear program, and ultimately we need iran to talk about this. but what we aide in this report is a lot of detail about what the physics research center was

up to as represented in it's procurement attempts. >> reporter: many of the papers are from the physics research center which was located as a site which was discovered by the outside world in 2003 but before inspectors could get in it was actually razed, the buildings were wiped out and that added to the suspicion is that iran was hiding something there. iran has denied that the center ever had a nuclear purpose other than to experiment on the defense against a nuclear attack. but what these documents do, jenna is they just again raise suspicions that iran may have had a parallel nuclear program going on, enrichment, procuring uranium ore and what not with the end goal of having a nuclear program. that's the latest from here. jenna: the roots run deep. amy, thank you. jon: 437 delegates up to grabs in ten states on super tuesday. we have the results of a brand-new poll in one of those states.

scott rasmussen joins us to talk about what voters are saying, plus -- policing the world's most dangerous water, ollie north with an inside look at a new effort to combat pirates. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! that's good morning, veggie style. hmmm. for half the calories plus veggie nutrition. could've had a v8.

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jenna: a kick update on what is happening in italy today. we can't forget about the costa condoria cruise ship still in the water there and divers are still searching for bodies and have found four additional bodies as of today, according to the associated press. because of the weather only three of the bodies was immediately recovered. those bodies including that of a woman, a man and a child. i can't forget what a tragedy, what a horrible accident, mistake this was. it's hard to even put in it one word or another. this is still ongoing off the coast of italy today. we'll keep you updated as we hear more. jon: one of the most dangerous jobs in one of the deadliest places on earth, fighting pirates along the coast of somalia. a fox news team went along with

this new police course. colonel oliver north is streaming live from mogadishu, somalia. colonel. >> it's grit to be with you from a place where there is very little good news. famine, drought, the butcher by terrorists, the pirates that have seized hundreds of sea machine and held them for ransom. there is some good news. take a look at some of what we've been able to see in somalia. here in somalia there are very few success stories. but one of them is to put a police force in the air, on the ground and in the sea. he we're at a small air base in the gulf of somalia, in the gulf of aiden behind them. we are accompanying the p u.n.

tlan marine air force set up to counter piracy. this aircraft, the work horse of africa is conducting a photo recon nance of pirate dens, captured ships and locations where hostages are being held. we are going to a company them on this mission, let's go. we over flew pirate flotillas and their land bases but avoided hijacked ships to prevent endangering hostages. the maritime police also conduct operations ashore. in training new police officers like these it isn't just how to fire a weapon, it's teamwork, integrity of the unit, and looking after one another, that's what these new police officers are being trained to do. [gunfire] >> reporter: countering piracy requires that the p u.n. tland marine police force be qualified not only on land but on sea, so part of their training is to

become familiar with water-borne operations like these in which they can conduct surveillance of vessels up and down the coast and be able to take them if they are pirates instead of fisherm fishermen. jon, the rile i great news in all of this is there are no u.s. troops involved. the united arab emirates has stepped up to help make this a reality, and the new government which is coming out of a consequence of a constitutional assembly that we also attended is going to make sure this is a national effort on the part of the somali people. all the troops and police officers that you saw in that footage are somalis, they want to protect their own country, jon. jon: nice to see some law coming to that lawless region. lieutenant colonel oliver north, thank you. jenna: new developments in the

lindsay lohan saga. and efforts to combat violence along our border of mexico. we will take you on a ride-along with our exclusive homeland security next. as you can see, i'm in a tricky situation here.

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the u.s. border patrol is facing unique challenges in texas from cartel violence that spills over the border into our country to illegal immigration. border agents have their hands more than full. steve harrigan is live at a border crossing in hildalgo, texas with an update. >> reporter: we followed the homeland security secretary janet napolitano for two days as she got onto helicopters and speed boats to see things for herself and try to understand why the border situation in arizona is much better than the

situation right here in texas. >> rats in the water, rats in the water. >> reporter: border agents have less than a one minute window to capture drug smugglers before they reach trash houses or scuttle shipments into the rio grandy. this is a different fight than in arizona where smugglers have to cross 60 miles of open desert. >> we've had shoots incident here in the past. >> reporter: homeland secretary janet napolitano says she wants to prevent a spike in cartel activity along the texas border before it happens. >> i've looked at lots of maps and read lots of charts and had lots of sessions with our leadership but there is nothing like seeing it with your own eyes. >> reporter: she faces criticism from local mayor who say that congress i commerce is hurt by log jams at ports of entry. >> if you don't invest in them and equip them and bring them up to date then you become

inefficient and it drives business away to some other areas. >> reporter: the cartels know the pressure to get perishable goods across the borders fast, hiding cocaine inside watermelons or cabbages is a favorite technique. imagine having some of these thrown at your vehicle during a high-speed chase. they've hit border control vehicles in texas 75 times in the past two years, they are thrown at border patrol cars. jon: thank you. jenna: a brand-new rasmussen poll in as we head closer to super tuesday. rick santorum holding the lead among likely primary voters in oklahoma. oklahoma, one of then states tolding contests on march 6th. newt gingrich comes i in next and ron paul. scott, when we talk about super tuesday we think about a state

like ohio. why are we taking a look at oklahoma today and what does it all mean? >> reporter: we've been taking a look at a variety of these super tuesday polls. rick santorum is up 18 points in hao*eufz a ohio as well. what it means is the week before super tuesday when the voting take place ph mitc in michigan and arizona, very, very important. if mitt romney wins michigan and arizona, his numbers will improve he will probably be the party's nominee. if rick santorum can pull off a victory in michigan or arizona he could be poised for a really big day on super tuesday. jenna: you can see that michigan is really important for what happens obviously a week later. >> reporter: that's exactly right. right now in michigan we show rick santorum up by just four points. objecobviously very close. among the voters that are absolutely certain they won't change their mind, it's deaden in michigan. jenna: arizona you do see romney

leading santorum. >> reporter: that is exactly right. he's up by 8 points in arizona, there is a gap there. jenna: in both polls regardless of the facts that the voters are saying wha who they would vote for, in both polls romney continues to leave and significantly so when asked about electability and being able to beat the president. how do you explain the disparity you see when some of the voters say we are absolutely voting for santorum but we're not so sure he can defeat the president? >> reporter: you've got to be careful of the wording. they are saying that mitt romney is seen as the strongest general election candidate, but about two-thirds say we do believe that rick santorum can win this election. there are a lot of people who say, yeah, maybe romney is a little more electable, a little stronger but we think ric rick santorum can win two and we believe he'll bring a lot of change if elected. jenna: what is what you've seen in these latest polls versus what you saw earlier in the

year. >> reporter: the fact i as a relative factor is the biggest change. what is constant through it all is mitt romney is the decisive issue. you're either for mitt romney or for an alternative and right now rick santorum is the ol tern tiff. jenna: thank you for giving us a first look at the polls. we appreciate it. jon: we are awaiting a verdict in the case of the former uca lacrosse player george huguely. he places the possibility of life in prison, accused of murdering his ex-girlfriend. the latest on this case and the jury's deliberations coming up. can you enjoy vegetables with sauce and still reach your weight loss goals? you can with green giant frozen vegetables. over twenty delicious varieties ha sixty calories oless per serving and are now weight watchers-endorsed. try green giant frozen vegetables with sauce. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

jenna:. jon:

jenna: we just talked about this a little bit with scott rasmussen but mitt romney is tapping into its michigan roots as gop candidates gear up for tuesday's crucial primary. the race appears more of a toss-up, brand new polls showing rick santorum has a slight, slight lead. steve brown in lansing, michigan, with more. if you're slight anything you might as well be slightly in the lead. >> reporter: slightly ahead is better than slightly behind but this is a very tight race. if you look at "real clear politics" average of polling in the republican primary here in this particular state, rick santorum at 33.8%. mitt romney at 33%. ron paul and newt gingrich further back. this is a state because of romney's roots here that set up to be a romney winnable

state. keep in mind he won the michigan primary in 2008. his father was governor and ran amc so the romney name is pretty well-known here. romney led in polls here for months. now it is a toss-up and possibility of losing is a very distinct one and romney backers are playing down those consequences. >> if he loses he is clearly hurt. i don't think he will lose but if he does lose perceptionally will be a big deal. reality won't be that big of a deal. >> reporter: the santorum folks are riding a wave. the former pennsylvania senator was leading in a poll in the state of michigan before he made his first visit in the state of michigan. it has been a whipsaw affair in terms of polling in this state. red, white and blue pac in support of santorum will put in a buy to counteract the romney campaign and pro-romney super pac ad barrage going on in the state. a lot of advertising dollars

being spent in this particular state. romney could be hurt if he loses here and it is a toss-up now. jenna: a wire from the associated press, donald trump is telling michigan voters that santorum is not the guy. go for romney. when you pick up the robo call it is donald trump on the other end. >> reporter: it is. he is also out there running those. there is a lot of phone banking we're going on and micro, microtargeting as far as social media too. so this race is amped up quite a bit in the last couple weeks. jenna: we'll see if they can pull it out a little bit less than a week until election day there in michigan. steve, thank you very much. >> reporter: you're welcome. jon: you've seen rick santorum recently surge to the top of the polls. the former pennsylvania senator is taking some strong stands on social issues like contraception and same-sex marriage. well our next guest argues in a "wall street journal" column that there's a double-standard when it comes to republican and democratic candidates on some of those issues. let's talk about it with

"wall street journal" columnist bill mcgern also a media fellow at the hoover institution and vice president of news corp, the parent company of fox news channel. specifically on the marriage issue you cited an example what you see as a double-standard. you want to i will lime nate us, bill? >> well, jon, president obama when he was candidate for presidency in 2008 says he believes marriage is a between a man and a woman. that elicited barely a yawn. rick santorum says that he is for marriage something between a man and woman and completely different reaction. somehow he extremist imposing his views. the reason is, the reason for these different reactions that people know that when rick santorum says that he is telling the truth and people know including everyone that writes these stories about barack obama that he is not telling the truth. a lot of people that are writing stories think this is just one of those things you have to say so you don't rile up the great unwashed. jon: you also cite the example of the national prayer breakfast recently at

which the president spoke and said essentially the gospel of luke is calling for higher taxes on the wealthy. >> that's right. i mean he used that at the prayer breakfast. rick santorum has made some theological arguments. the argument, the objection really isn't to the theology. the objection to the kind of theology and which side of the political aisle it comes down to. jon: there are those who say that rick santorum should temper his views. he should talk less about religion and contraception and things like that. if he wants to win the presidency. you don't seem to think that is the right path for him to take? >> well i do, partly. i think you have to separate into two issues. one is social issues in general. they're very inflammatory. there is right way to talk about them. there is the wrong way to talk about them. and rick is pretty good at the right way. when he says, if you want small government, you need strong families. that is very good point because otherwise you create a lot of dependency and the government is going to take

their place. where he is getting in trouble is sort of dragging a lot of the finer theological points into the debate. look, the social issues today, as they operate in the america, are not really about permissive society or not permissive society. they're about who gets to decide. and a lot of these things from the left are decided by the 9th circuit court of appeals, by the secretary of health and human services and they're imposed on people. the real issue is who is going to decide this? are we going to decide this by the people or are we going to decide it by the, by fiat by the courts? and that is what someone like rick santorum really has to emphasize. the second issue is rick santorum. tends to be a man of very strong opinions. he left politics and was talking to a lot of catholic and religious groups where the kind of language he uses is understood and in context and not that surprising. it is very hard to then go back into politics especially at the presidential level and use some of that language.

so i would argue that he doesn't need to compromise his position but he needs to, he needs to watch his language and realize the way he uses words, a lot of people are going to pick it up. he doesn't want the second day of every story to be, senator santorum clarified his remarks yesterday. jon: bill mcgurn, from the hoover institution and former speechwriter for president as well. thanks, bill. >> thanks. jenna: new details from the trial of a man accused of murdering his wife on their honeymoon. next the testimony on gabe watson's bizarre behavior according to some immediately after the funeral of his bride. plus the judge's ruling that may bolster the defense's case. ski resort versus local environmentalists. when does the drive to create jobs become too much for mother nature? that is one of the questions we'll be tackling straight ahead.

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we're watching as well. a connecticut mother pleading guilty to stealing education services worth $15,000. her name is tonya mcdowell. she is accused falsifying her address to fraudulently enroll her son at school. using baby-sitter he is case. drawing national attention. some civil rights leaders are involved as well. keep up to date on that. california investigators are wrapping up case on so-called spread freak killers. one of the convicted murders. his name is wesley shermantine. he said more than a dozen bodies are buried in another location. actress lindsay lohan due in a los angeles court today. a judge is expected to give her the remaining terms of her probation. her final probation hearing on two dui convictions is set for mart 29th that is brand new video coming into our newsroom.

miss lohan heading into court. jon: a ski resort wants to take advantage of a federal program trying to turn its winter ski business into a year-round economic engine. some environmentalists are unhappy. they are worried about the effect on the ecosystem they say. molly line has a live report from vermont. molly? >> reporter: hi, john. we're at jay peak. we're inside of the water park. a little unusual for a ski resort. you don't see that them everywhere. this expansion effort became a year-round business. ski resorts have seen all across new england they're up in business in revenue here. and -- [inaudible] there is skating rinks. in the summer they created a golf course. part of the entire effort to -- a as part of the entire effort has been to create jobs in the area and that is

what they managed to accomplish. here is jjtolan. >> the overall economic impact is huge to a region. hotel jay and conference center created 500 construction jobs alone. resort wide we're watching our numbers go well above 1,000 jobs. >> reporter: and they're working with with state agencies to insure they mitigate any impact on surrounding environment in the midst of this big expansion. at the same time this is made poll through a interesting federal program with foreign investors seeking green cards with low income and job areas that create jobs and investment projects this is what is happening here that made it all possible. back to you, jon. jon: molly, from jay peak. thank you. jenna: case of a former uva lacrosse player accused of killing his girlfriend is in the hands of a jury today.

will they decide he is a cold-blooded killer or unwilling participant in a terrible tragedy? they had a very key question they asked the judge today. we'll dive deeper into that. plus a young man on trial in a webcam spying case in an incident that ended this boy's, that ended i should say that ended in this young man's suicide. we'll have the cases for you straight ahead. ah, welcome to hotels.com. if you're looking for a place to get together, you came to the right place. because here at hotels.com, we're only about hotels.

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jenna: jury is now dieding the -- deciding the fate of a former uva la crass player accused killing his former girlfriend. his name is george huguely. you're probably familiar with that. he is facing life sentence if convicted of first degree murder. love was a lacrosse player at university of virginia.

they say this was a premed dated murder. the defense says this was a terrible accident. we will have a defense attorney and prosecutor to look at this case. the jury asked a question of the judge today. they said what is the definition of reason? what do you make of that? >> you know, i don't know. i don't know in what context are they asking. are they talking about reasonable doubt? are they talking about what reason he may have had to go into the residence initially. he is charged with felony murder. they're trying to figure out what was it he was going to do. did he have some reason to be there. i don't know the context which they're meaning. >> it was a little confusing to us as well, eric. i would like your thoughts. what do you think is the biggest challenge that is facing this jury? >> well jury questions are the windows to the soul and difference between murder and manslaughter is malice. when the jurors asked the question, reason, what does reason mean, if you look at the jury instructions under the definition of malice, it says has to be done with reason. so i think that is the jurors are wrestling with

the jury instruction. they're considering what the defense is saying. is this issue of intent. is this issue of premeditation. is this murder or is this manslaughter? i think they're wrestling with that. i think defense has done a great job presenting a case for manslaughter. jenna: why is that? >> because you've got to look at element and issue of intent. there is overwhelming mountain of evidence in this case and the defense presented the case would you have terminal cancer which is awful or dengue fever, they're horrible and terrific but you can survive with dengue fever. >> eric, this man broke into her home and beat her savagely. he would have been more humane and put bullet in her head and not inflicted such horrible injuries on her. there is no doubt that this man committed murder,. absolutely. vicious -- >> courtney that issue for the jury. >>ist is. >> issue of intent. that's why they're asking that question. they want to know what is reason? i think this jury is considering difference between murder and manslaughter.

we might not like what he did. we don't condone what he did. legally there is difference between murder and manslaughter and intent. and how much time spends in prison. will you be in prison for life or are you getting 10 years. jenna: we'll move on to different case because obviously the jury is wrestling with this. anyone's best case what they figure out as they work through it but we have another case taking place in new jersey. julie, you have more on this? >> reporter: all eyes on new jersey courtroom right now and unprecedented cyberbullying case. 19. dow ruin ravi faces up to in 10 years in prison. witness tampering, bias and intimidation. this rutgers university student or former student is accused secretly spying on his roommate, using his webcam on the loop top computer and outing him for being gay. three days later his roommate at the time, tyler clementi, jumped to his death from the george washington bridge. will the jury find ravi

responsible? and as the rest of the world looking at this out come. jenna: back to you, eric, problem with this, according to some, there is no video. there is no actual video, the video in question is not available. we can't watch what was recorded. in fact we don't even have evidence that it existed at least from what we understand. how big a problem is that for the prosecution? i know you're a defense guy. how would you use this. >> jenna, it is a huge problem. where's the beef? a picture is worth 1,000 words. a videotape is worth a million. they have to prove invasion of privacy something transmitted on internet that showed intimate parts for invasion of privacy count of the deseed dent. this is sad case. the prosecution is not going after murder, they're going after invasion of privacy. they need the video. like showing up for possession of cocaine case and there is no cocaine to enter into evidence. jury needs to see it. you need evidence. they need to prove the case. this is big problem for the prosecution in this case.

jenna: courtney one of the thoughts on this and love your thoughts on video, tyler's brother who is actually gay as well wrote a piece how he felt about his brother's death and also about his brother, how his brother felt about coming out of the they had many conversations about that. he said his brother seemed relatively unaffected by the reality that he was gay. and so am curious about that part of it as well. since we don't have video, how important is it for these other voices to come into play to determine whether or not it was the video, it was this one student that caused directly the suicide of tyler clementi? >> that's a great question and i think that is what makes this case so difficult. if you look at the case you see mr. clementi's suicide is being blamed for this incident that took place in the dorm room. and that really hasn't been established. i mean there is history of mental depression and things like that with mr. clementi. who knows as to why he actually did jump from the bridge. it is a sad story.

but back to the video question. you don't always need that video to prove up a case. i mean circumstantially you can still prove up cases, circumstantial evidence is as good as direct evidence. mr. clementi was in the dorm room with another gentleman only identified by niches, if he testified it was what was taking place and there was another young female who also observed that video. if she can corroborate what was taken or done in that room, that would support the idea that there were some sort of image that was captured invading mr. clementi's privacy. i don't know it is fatal if they don't have the video. it is a sad case and ultimately i think the think jurors will side this is young kid committing some sort of practical joke. i don't know if they will convict him. jenna: i think we can all agree on a very sad case and loss of this young man's life he took himself. eric, courtney, sometimes what we feel in the regular

world is different than the legal world and what the jury has to deal with as you rightly point out. thank you both for inswoing us today -- joining us today and we'll be right back with more. [ male announcer ] this is lois.

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jon how about a little news out of this world? a newly discovered planet, in fact a new type of planet, disond about 40 light years away from our own, about three times the size of earth and apparently it's made mostly of water, very hot water, about 450 degrees fahrenheit at the surface, good place for a steam bath, and heating up this world is a dwarf red -- the humel space telescope confirming that it exists. jenna: weird! jon: we won't be there any time soon. thank you for joining us today. jenna: "america live" starts right now. >> megyn: fox news alert on the big issue now threatening both our economy and the president's reelection bid. wee