year, or as angelina jolie's leg said, you're welcome. patti ann: take care of folks. "happening now" starts right now. jon: fox news alert we are awaiting for a news conference on the horrific school shooting that is just beginning now in chardon, ohio. let's listen in. >> what we're dealing with right now. when that being said i want to introduce the county sheriff, dan mccloggan. >> good morning, there are a few thank you's i would like to make. i'd like to thank the media for their patience and helping us get information out. we tried to be very diligent and make sure what we tell you is what we know. we tried to do that keeping in

mind we have a criminal investigation going on. we are going to give you some more information on that today. i also want to thank the community. chardon is a special place. many of you got to see that today and yesterday. and you'll see it some more in the days to come. this has touched a lot of people, a lot of families. i happen to be a graduate of chardon high school. i met my wife here. the most eerie feeling in the world was walking down the halls yesterday, running down them in response to the incident that we had. the ems, fire and law enforcement were well prepared,

well planned and executed to carry out the plan. now we move to another important phase, and while the investigation continues and we still look for the why, and what, and who, we now deal with a community looking to heal. my five-year-old grandson last night wanted to call my niece, a chardon high school student. he asked her, are you okay? simple words from a fiv five-year-old, are you okay? and she said, yes, and started to cry. we have a community asking, are you okay?

we need to get that message out. chardon, northeast ohio is rallying like nothing we've ever seen before. the out pouring of concern, hope, encouragement has been unbelievable. people calling just saying, thank you. we need your help as we move forward to get the correct information out, the accurate information out. and we thank you for what you've done and we thank you for your patience. we have a community that would demand nothing less from us. at this time i would like to introduce the chardon school superintendent who will talk

about the upcoming school schedule. thank you. >> good morning. i'm the superintendent of the proud chardon local schools. again today my thoughts and prayers go out to the victims, especially the two families who have lost their children through this ordeal, and we certainly keep our thoughts and prayers for the three other people, hopefully, hopefully having a speedy recovery. we also have more victims, and those victims are our professional staff, our teachers, and our employees. in rethinking of opening school tomorrow we've come up with maybe a little abbreviated plan. i'd like to share that with you tonight so you can communicate that not only to our local people, but this may help other people in need somewhere around the country. as part of the healing process for our students, parents, faculty and staff the chardon

schools will reopen the school facilities according to the following schedule. wednesday, february 29th, all high school faculty and staff are asked to gather at the high school at 9 clock in the morning. counselors will be available. all kindergarten-8th grade faculty and staff are asked to gater at m u.n. ton elementary school. counselors will be available. patti ann: that is the superintendent giving the update on what the school hours will look like over the next couple of days in that district in chardon, ohio. a lot of emotion coming from the community. we are waiting and watching for any developments in the investigation and we'll bring you updates as we get them. jon. jon: new information now, jenna on a terrifying end to a flight to new jersey. operations at newark airport are back to normal now as vetters trying to figure out what caused a plane's landing gear to fail. the united express flight from atlanta was forced to make an emergency landing last night

when the nose gear would not drop down. it skidded to a stop at the end of the runway on the main gear, and there as you can see on the nose of the plane some passengers on board feared the worst. >> the plane i am on from ato will be doing an emergency landing, the landing gear will not open. i love you. >> it made me very scared and it made me realize to actually pray before every flight, while in flight and for the landing to be safe. jon: all 71 people on the plane got off unhurt. join us now one of those passengers, steve. this was a flight from atlanta to newark, right. >> right. jon: everything is going normally until what happened. >> the first approach to newark we had an immediate kind of abrupt change of pattern, and we lifted back off, and then the pilot got on and instructed us that there was a light indicator on the landing gear that was

malfunctioning. jon: he didn't have the nose gear down. and he flew by the tour at very low altitude. they verified that. >> we flew at car level along the entire runway. he lifted back off. there was a lot of silence on the plane. at that point i think thought of us thought if it was good news we would have known about it and it wasn't. jon: they actually used the word crash landing in the announcement to you. >> and we started all praying for the pilot, and the staff. they did an amazing job of preparing us. we did a practice run in the plane, and then as we were coming in the flight attendants in the back were announcing, prepare for a landing, prepare for crash landing, get in the crash position, and then they kept repeating it over an over and over again and the pilots said, about to crash, about to crash land, crashing, then we skidded into the ground. jon: now we know that everybody got off unhurt. you went down the emergency slides, right? >> right, the shoot.

jon: in those moments before you're just about to touchdown there had to be pretty scary thoughts going through your head. >> yeah, i wanted to text my family and tell them to carry on, keep the faith. honestly just thanking god that we made it through that. jon: it's absolutely -- well it's a great end to a story. you said hats off to the pilot who did a great job. >> unbelievable job, and the crew did a phenomenal job. they kept their cool the entire time. jon: it points out how safe filing is really. these things are the exception and a great end to a nerve-racking story i'm sure. >> it certainly was. jon: thanks for sharing your story with us. jenna: steve gets on a flight next week. hats off to you. you're still getting on the flights after the story. we'll turn to politics now. the republican race for the whourbgs it's primary day in

arizona and michigan. the polls are up today. things are looking good for mitt romney in arizona. he faces a showdown with rick santorum in romney's home state in michigan. the race remains close and volatile. much more on the fight for michigan a little later on. some say it's an referendum on romney. jon: that will be an interesting race. it is already a big issue in the race for the white house, we are talking about the surging price of gas across the country. according to aaa a gallon of regular $3.71, up another 2-cents overnight. 35-cents a gallon more than this time last year. if you have a 15-gallon tank you're paying an extra $5.25 every time you fill up. mike emanuel on that now. lead republicans are going after the president and his energy policies. what do they say? >> reporter: speaker john boehner said a few minutes ago it's just about dam time we have

a new energy policy and do something about it. mitch mcconnell said the american people get this issue and criticized the president's policies. >> they get that we need to increase oil production right here at home. not simply rely on pipe dreams, pipe dreams like algae, or by wasting billions of taxpayer dollars on more failed, clean energy projects like solyndra, especially at a time when we are running trillion dollar deficits. we can't afford it. >> reporter: he blasted the president for holding up the keystone pipeline xl pipeline which he called a game changing domestic energy policy. jon: with all the heat he's taking what is he saying about it. >> reporter: we've heard the president call for an all the above approach. he says with only 2% of the world's oil reserves the u.s. cannot simply drill its way to

lower prices. here is the president on this energy issue. >> while there are no short term silver bullets when it comes to gas prices. i've directed my administration to look for every single area where we can make an impact and help consumers in the months ahead. from permitting to delivery bottlenecks to what is going on in the oil markets. >> reporter: the president continues pushing for wind, solar, biofuels, nuclear and more as a long term strategy that uses every source of energy. he says there are no quick fixes which suggests it may be a rough summer for american drivers. jon: the white house may be a little bit worried. thanks, mike emanuel. jenna: after the deadly shootings in chard done ohio, the superintendent we saw on the screen ten minutes ago called on everyone to pray. this community has been holding prayer vigils ever since the deadly shooting happened in the high school. why is appraiser in public places promoted when tragedy strikes but is a light link rod

of controversy at other times. we have a fair & balanced debate coming up. jon: rain, fire, accidents and true grit on the display last night. if you missed it it's coming up. jenna: do you think video games are keeping you or your kids fit you should think again not the same thing as outdoor play. jon: really? jenna: we have the details of a brand-new study next. ♪ [singing] ♪

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jenna: brand-new study on kids on video games. new research is suggesting active video game playing isn't the same as old fashioned outdoor time. rick has more on this. rick, you're telling me that pretending to play basketball is not actually like playing

basketball? >> reporter: apparently not. and i had no idea. and this is not good, jenna, because this is exactly how i convince my wife that we needed to get a wii for our kids this past year. hopefully she is not watching. okay, researchers in houston looking to start trouble no doubt, exploring weather the video games that make you get up and jump around and punch and do stuff like that actually help kids get more active, and they found out the answer is no. they gave a group of overweight 9 to 12-year-old kids wii games. they hooked up the kids to monsters and measured their levels of activity. some of the games were the games that a you jump up and do the exercise and dance around. some of the games that the kids got require you to do nothing more than move your thumb, and guess what, no difference between activity levels. this is shocking, and it flies in the face of similar studies. here is how they explain the results. in other rerao search kids knew they were expected to get up and move around, and in this study, jenna the kids were merely told to play the games just like they would if they were playing at

home. oh, well. the researchers say their study proves there is no substitute to actually going outside and running around. jenna: i think we actually got a call on set. jon: mrs. folbaum rick needs new golf clubs because wii golf is not good for him. jenna: very interesting. i guess it doesn't work. jon: we take good care of rick. jenna: the punching looks good. if it's the same as just like doing this. say goodbye to the wii. very bad news, thank you. jon: it is game day in the g.o.p. race for the white house. voters are heading to the polls right now in arizona and michigan, all indicators point to a comfortable lead in arizona for governor mitt romney. but michigan is turning out to be a toss up between the former massachusetts governor and rick santorum the former pennsylvania senator. what is behind the close race? let's break it down now with the

editor of inside michigan politics, bill ballinger. this was romney's state to win all along, all of a sudden came the rick santorum surge. where does it stand. >> it's a dead heat. anything could happen today. jon: because? >> mitt romney seemed to be surging in the polls the end of last week, seemed to have overcome the lead, had overcome the early lead that rick santorum had two weeks ago. all of a sudden his momentum stopped and polls in the last 24 hours have showed an absolute dead heat, so anything can occur today, and of course the big talk up here is the santorum robo calls. jon: right. >> that have come in to lots of democratic homes over the last 24 hours, sounding like they are from solidarity house, or the obama reelect committee, urging fellow democrats to cross over and vote in the republican

primary against mitt romney because of his opposition to the auto bailout. you have to wait until the end of robo call to hear that this particular call was paid for my the rick santorum for senate committee, and -- excuse me for president committee, and, you know, it was very misleading, and obviously rick santorum has the same position, an opposition to the auto bailout as mitt romney, so it's pretty disingenuous and hypocritical. jon: romney's people are fuming about the call. santorum is urging democrats to get out and vote for santorum, democrats and independents. clearly if it works, you know, it's all fair in love and politics, but it is a little bit, well, unusual, shall we say. >> we don't register by party here in michigan. anybody can go in and vote in either party's primary, so anybody can go in, whether they are independents or democrats

and ask for a republican ballot and vote in the primary today. i don't think probably more than 15 or 20% of the total turn out is going to be independents and democrats, selfidentified, because they are not registered that way here in michigan. i think it's going to be a race determined by the republican election threa electorate. but that may be enough for rick santorum. i think he's enjoying some what of a surge here. jon: we'll see what happened. the santorum campaign says win or loose they are going to win michigan because of what is expected to be a very close race. good to talk to you. jenna: the delegates there, they can split. in arizona it's winner take all. in michigan they can split delegates. if you look at being the first or the second -- jon: it comes out to a 50-50, 60-40 race they'll get a lot of delegates. jenna: the race goes on. we'll be watching that for you tonight on fox news. this story, changes that could cost military families hundreds

more dollars a year in healthcare premiums. the outrage over how this could happen and why now. plus, it was a fight between two elementary school girls that lasted less than a minute. hours after the fight one of the girls dies. her dead is now being ruled a homicide. could her fellow student be charged with murder? our legal panel weighs in next. >> they were fighting just for a boy, just for a boy. >> reporter: what do you think about that? >> i think it's stupid. i want to fix up old houses. ♪ [ woman ] when i grow up, i want to take him on his first flight. i want to run a marathon. i'm going to own my own restaurant. when i grow up, i'm going to start a band. [ female announcer ] at aarp we believe you're ner done growing. thanks, mom. i just want to get my car back. [ female announcer ] discover what's next in your life. get this free travel bag when you join at aarp.org/jointoday.

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jenna: right now a school fight that is turning into so much more. a fifth grader in california is dead. her name is joanna ramos. her death ruled a homicide. she died after getting into a fight with another stew didn't

it after school. the classmates say the fight was brief, over a minute. now her devastated family wants answers. >> i still wake up anything she is like in my house. i just get flashbacks and it just gets me mad. jenna: no arrests yet in the case. could we see an elementary school student charged with murder? fox news legal only lis lwel, and a fox news contributor join us. it was a deliberate fight. could an 11-year-old be charged with homicide here? >> this is a horrible case for the prosecutor to get. the answer is yes. i don't think there would be premeditation here. both girls went into this voluntary, no weapons or signs of any bullying on either side. they went into the fight together. the bottom line is this little girl is now dead. there was no justification, which is what you need legally

for her death. you're looking at not murder, probg plea but manslaughter which is the killing of somebody else without an excuse. i think that's when we have here, jenna. jenna: you think about it, say let's say two college-aged boys getting in a fight in a bar and one of them dies several hours later. it almost seems like it would be more clear than a case like this. how does age matter here? >> it would be more clear, and you're really right, i have a ten-year-old son, i can't imagine the heartache that these people feel. ultimately we have to put that aside. with two college kids or two 21 years old in a bar fight it's reasonably foreseeable that swob so*b is going to hit their head or get hit with a bottle. you have to show a reckless disregard or so some knowledge that this would be dangerous to human life in california in order for manslaughter. this was a fight in a schoolyard with a ten-year-old and an 11-year-old. no 11-year-old child has the requisite intent to be charged criminally. >> with manslaughter you don't need the intent. that's the whole difference

between murder and manslaughter. it was in an alley outside of the school and it was set up, fred. the whole thing was set up hours before. jenna: fred. >> you need implied intent. that's what the law calls for. you have to show reckless disregard. did this child know or have some reason to know that this would result in a death? jenna: as we heard in the sound byte right before commercials that the students, the witnesses of this. other fifth graders and 6th graders said this was over a boy. joanna had a bloody nose and knuckles. she ended going back to an after school program after this happened. that begged the question, where were the teachers and the supervisors? what about the school property? could other people be charged here in the death of this little girl? >> absolutely. now it was not on the school grounds, so, you know, that takes the school a little bit off the hook. but if it's found, jenna that as we think it is that this was set up hours before, because all the

kids were talking about it. you know how kids will talk about this is a fight, go see this fight in a couple of hours, if that happened on the school ground, all this talking and back and forth about it and then the actual fight happened off school ground well there would have been time for the school, teachers for somebody to have found out about it and done something, so that is where i think the school could come in. but also just one other point, jenna. there were a bunch of boys there, i'm sorry a bunch of her friends who wanted to get in and say, no, no, no, stop this fight and they were held back by a bunch of boys. i want to know about those boys and their accountability. jenna: quick final thought, fred. >> it's a terrible, terrible thing. it was a fight in a schoolyard between two young kids. we don't want our kids to do it. i did it when i was little. i wish i hadn't. the penalties, detention is clapping erasers, not six to eight years in the say the penitentiary. jenna: we'll continue to follow this case. fred and liz, thanks for your insights. thank you. jon: another sad story involving students that we are following, they are gathering for a prayer vigil along with their teachers to remember the victims of that

ohio school shooting. doing that, though, usually won't be allowed under normal circumstances. why is it now? we'll have a fair & balanced debate on prayer inside and outside school. and what will happen to this man, the iranian government says it will execute this husband and father of two, his crime? he refuses to announce his christianity.

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speaking to the united autoworkers, they are convening in washington d.c. an interesting bit of timing because, of course, today is the day of the michigan primary. we understand the president will take a couple of veiled or maybe not so veiled swipes at mitt romney during this speech. if you'd like to hear what the president has to say, we have it streaming live for you on foxnews.com. jenna: right now one of the biggest stories of the week, investigators are searching for clues in that horrific school shooting just outside of cleveland, and with one of the many -- one of the many aspects of this tragedy involves school prayers. why is it okay for schools to hold prayer vigils only in times of crisis such as these? >> we're in shock. it's just one of those things you've got to sit back and let god be god. jenna: joining me now, gretchen ham ill. this caught our attention.

it's not illegal to pray in school, you know, if i was in high school and i wanted to say the hail mary when i'm at my locker, i can say it if that is my choice. but it brought up a bigger question, too, about when we allow government officials or politicians to embrace prayer and when we tell them they can't. is there a double standard? >> well, there can be a double standard, but this is a personal manner. religious and religious beliefs are very personal to a person. it is what they do in their spare time, it's how they draw their strength and how they draw their fifth. if a -- faith. if a presidential candidate or anyone wants to pray, they should have that same right to pray, and in the bush administration, president bush talked about his faith. my former boss, j.c. watts, would pray for staff meetings. i think that's something we should accept in this culture. jenna: did everyone participate? i'm just curious. >> you could participate if you wanted to. jenna: chris, again, we're looking at different spheres here. you're looking at a school district versus national

government. but it does bring in the question of when we allow politicians to embrace religion and when we tell them that, listen, there's no place for it. and rick santorum, as gretchen was alluding to there, has been criticized for talking about his faith so much. >> well, i don't think he's being criticized for talking about his faith, i think he's being criticized for his clear policy of imposing his faith on others, and that's a complete violation of our constitutional principles under the first amendment. we have freedom to worship anyway we want in this country, we also have the freedom to be free of other people imposing their faith upon us. and i think that's really the dividing line. i think it's a conservative myth that democrats and progressives in this country want to take away people's right to prayer. it's nice talking point, but there's really no evidence of that. president obama prays, bill clinton was famous for praying. people pray all the people -- time in this country, and they're allowed to do it whenever they want as long as they're not imposing their beliefs on other people.

what santorum has done is he has shown himself to be regressive in the way we view our pop list society here in america. and if he loses today, it's going to be because of this 1950s debate he cast us all in the last couple of weeks. jenna: gretchen, do you agree with that? >> i wouldn't agree with all those points, but i do think he has gotten the message wrong when it comes to what this nation cares about right now; the economy, jobs and government spending. and he took a great debate that was about to be had and a great message on religious freedoms and our right to have what we want in a religious culture whether that be birth control or not birth control and make it about a women's issue. >> right. >> women have the right to birth control. he stepped all over the the message on this one for all republicans and made it about something bigger than it actually was, and for that reason we need to get back to the basics of the economy. jenna: but at the same time while the focus has been on santorum and his religion,

there's been a lack of focus on mitt romney and the fact that he's a mormon. and he would be, obviously, out in front as a mormon if he does become the nominee. and that's just something we haven't talked a lot about as of the latest news cycle. >> right. jenna: i was looking at these two political analysts, and they had coined the phrase the god strategy in politics. >> right. jenna: and how much polit religs losing its connection in the country. so how do you know where the line is unconstitutional? >> you know, i think thers a proper way to express your faith, and then there's the wrong way to do it. i think far too often in this country politicians use god and the bible as a sword in a political campaign, but then their policies rarely reflect their christian or other faiths, quite frankly. jenna: do they have to? do the policies have to? >> absolutely not. but if you're going to stand up and say you are a man of god, you're a man of christ and

you're going to govern this way, you should govern that way. you should be against war -- jenna: hang on, chris. you just said that, you know, religious beliefs shouldn't be put upon americans. by putting upon americans, you would be doing that through policy, so aren't you kind of contradicting yourself here? >> i think the you're going to put it out there and say you are basing your policy judgments on the bible or any kind of faith, you should then govern that way. unfortunately in america, that's not what happens. we with all know this. they put it out there, they're false prophets. >> i thought there was supposed to be a separation between -- they shouldn't be through policy. >> they should govern that way. jenna: you know, the conversation's important because the founders made it that way so we constantly talk about it and make sure we're falling in line. chris and gretchen, nice to have you. >> great to be here. jenna: it's a conversation, obviously, we'll continue to

have. jon: ry famili and retirees would cough up more money to pay for their health care. some reports put the increase in premiums as high as 345% after five years. let's talk about this with bill gertz, the senior editor of the washington freebie con. full disclosure, i suppose in a way you could say this effects me because my oldest son just starting his army career as a second lieutenant, bill. you could also say that he's covered for another four or five years under my policy which, which is required under the new health care law. so i'm not sure how it washes out. but tr ry medical insurance, and the president's budget is calling for what? >> yeah. this is going to be a huge political fight.

it has to do with increasing the costs of medical care, some for the active duty military and their families, but mostly for retirees. the pentagon is trying to save $1.8 billion in the first year and as much as $12 billion by increasing these costs. and he's set off a firestorm there, and there are also concerns in the pentagon that this is going to severely impact the ability to recruit and retain the best qualified military personnel. jon: so the increases called for, we have a graphic that >> yeah. ey're doing a kind of means testing for, based on retirement pay or the pay of retirement pegging the increases in premiums. and all this has to be approved

by congress, of course, and that's going to be where the fight is. a lot of people are saying, look, the military's being cut by forces, their equipment's being cut, and now they're asking the military to make a health care benefit cut at the same time the civilian government work force isn't facing any similar cuts at all. so there's a real question of fairness. jon: yeah. and interesting, the unionized military workers, those who are covered by union plans, they are not asked to pay a hike under this man. >> right. and, of course, the military service organizations are leading the fight on this, and they're summing it up in two words: breaking faith. you know, people join the military, they serve their 20 years, then they were promised these benefits and now all of a sudden it looks like the pentagon and the obama administration are reneging on those promises. jon: and also very quickly, interesting that the bump doesn't kick in until after the election, right? >> right.

it seems like most of the cuts are there. jon: all right. bill gertz from the washington freebie con. bill, thank you. >> thank you. jenna: we're watching the fate of a pastor sentenced to death in iran for converting to christianity remains uncertain at this time. a husband and father of two could be executed at any time for renouncing islam. this is despite growing international pressure to free him. it's a side story, a bigger story about our international relations with iran. leland vittert is live in jerusalem with more. leland? >> reporter: hi, jenna. right now the best information we are getting is from this pastor's lawyer who is indicating that his client is still alive and that iran is ratcheting could down the rhetoa little bit here amid all this international pressure, but there is still a death warrant out, and he could be executed at any moment. he was 19 years old when he converted from islam to christianity. that's a crime there in iran, but he was essentially looked over by the religious police there.

it wasn't until he sent his kids to school and started complaining that the school was indoctrinating his children into islam that he was arrested and then sentenced to death there inside iran. there has been heavy, heavy pressure put on the iranians by the international community because of this, and late in the past couple of days the iranian government now says, well, we're not going to execute him because he's a christian, we now want to execute him for other crimes but have not specified what those crimes are. right now we can tell you, jenna, it is very difficult for the united states and other countries to put any kind of pressure on in light of the situation going on with iran and jenna: leland, thank you. jon: it was monday night mayhem in daytona beach. the twice-delayed daytona 500 goes up in flames after one driver blows a

jenna: new next hour, attorney

general eric holder on capitol hill, he has a whole bunch of questions he's going to be facing, but one of those questions includes fast and furious. what he has to say coming up. and a preview for the only u.s. citizen held at guantanamo bay on terror charges. a live report from washington just ahead for you. and talks about an unwelcome guest, an out of control taxi smashes into someone's home and, jon, it's not the first time it's happened. talk about a lead-in to our next story. jon: explain that to the insurance company. well, the daytona 500 truly finishes in a blaze of glory. markinone of the more bizarre endings in the 54-year history of that race. julie banderas has more on the story. >> yeah. a lot of firsts for this race and even if you couldn't stay up to watch it, you probably know a

36-hour crazy ending with matt kinseth as the winner. that instant explosion, the truck drying the track held 200 gallons of kerosene. montoya, who escaped relatively unharmed, said his helmet was singed and his foot ached. his car all of a sudden turned right right before the freak accident occurred. the crash stopped the race for two hours, finally finishing at 1 a.m. in the morning. safety workers used tide laundry detergent to clean up the track, and when the soap suds were cleared, it was kenseth's race to lose, and he won it with a considerable lead holding off dale earnhardt jr. and racing teammate greg bissell during a two-lap overtime finish. >> it's been a great week. saturday the shootout was a tough one for us, to be able to come down here and first weekend with the best bye and be able to

win the gatorade duel and back it up and win the 500 especially with all the little problems we had and had a lot going on yesterday, so it feels pretty cool to be able to win them races. >> the event will be remembered for all the flukes that plagued it from start to finish. the dayslong race was scheduled to begin saturday afternoon, rain delays would force nascar to push the race from sunday to monday afternoon. those fans seem real thrilled there, don't they? makes it the first sunday into monday delay in the race's history then monday for the first-ever daytona 500 in prime time investigation. jon: were you and the baby up? >> absolutely was not, did not even know about the ending until i got an e-mail this morning. jon: julie, thanks. [laughter] jenna: shocking revelations almost a year after a devastating earthquake, tsunami

and nuclear meltdown this japan. i guess it should be no surprise that we have new details that show how the fear and confusion around this event and what should happen was much worse than we thought. plus, nature's fury of another sort where a mile-high dust storm is swallowing up neighborhoods and snapping power lines. we'll tell you next. wake up!

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jon: well, extreme weather hitting parts of arizona, and that's making voting difficult in today's republican primary for some folks. in phoenix strong winds actually toppled power lines and stirred up walls of dust triggering a wind advisory in effect for most of the state this afternoon. up in flagstaff where it's a lot higher, several inches of snow

fell early this morning. snowplows hit the roads early ahead of the morning commute. jenna: it's been nearly a year since the devastating 9.0 magnitude earthquake hit japan triggering that tsunami, and now frightening new details are emerging in the days that followed that really surprised all of us. rick, what do we know now? >> reporter: there were suspicions at the time, if you remember, that the japanese were not sharing everything they knew in the hours and the days after last year's devastating earthquake and tsunami, and now we know that that was with, in fact, the case, and we know that because of a brand new private investigation that was done, a 400-page report that is set to be released this week, and it's based on interviews with government officials who described chaos on their end and nuclear regulators who disagreed on how to handle the threat of a possible nuclear disaster. officials considered evacuating tokyo at one point, a city of more than 13 million people. the lead investigator says that his country barely avoided the

worst case scenario, but that the public had no idea of that at the time. the study credits the former prime minister for deciding to keep workers at the most damaged nuclear power facility. essentially, he says, saving the entire country. meantime, scientists say that our shores could get hit with debris that is still floating in the sea after that tsunami. lumber from destroyed homes, refrigerators, fishing boats and other objects, jenna, could make its way to hawaii, alaska, oregon and washington state. so it's still going on. jenna: yeah, it's amazing to think, it is still out there. it doesn't just disappear, so we'll be waiting and watching for that, rick. thank you so much. >> reporter: sure. jon: in las vegas police are asking for the public's help after three gun-wielding suspects stormed a massage parlor demanding money, not back rubs. the breaking details just ahead. also, a new warning about sleeping pills. the results of a new study that show that even occasionallal use

could actually threaten your life. more details coming up. ♪

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>> reporter: welcome back, rick folbaum in the control room here. stories you will only see right here over the next 60 minutes including the nypd says it's protecting against terrorism. critics say the police force is engaging in racial profiling, keeping tabs on muslims. that story is straight ahead. also look down here. if israel decides to strike iran's nuclear facilities, would they first have to give the u.s. a head's up? israel says, no, we'll talk with board -- ambassador john bolton about that. and take a look at this, gunmen walk into a massage parlor,

police need your help identifying these folks. plus we're all over politics. two big primaries today. the second hour of "happening now" starts right now. jenna: rick just mentioned it is a fight to the finish as the republican candidates make a final push in michigan. arizona's a little bit of a different story, but michigan really a battleground today. we're glad you're with us, everybody, i'm jenna lee. jon: i'm jon scott. welcome to america's election headquarters. primary voters are going to the polls in arizona and michigan, as jenna said, but one of them is getting the most attention. our chief political correspondent carl cameron live in michigan. carl? >> reporter: this is a big state, obviously, it's the one where mitt romney was born, it was the one where he was leading for the better part of the last year and a half and considered to have an inevitable victory that would be an easy cake walk, and it has proven to be anything but. mitt romney and rick santorum are battling neck and neck on the final day of campaigning,

votes underway this morning. they're expecting between 15-20% of the registered voters to take part. this is an open primary, and rick santorum has been aggressively courting them with a controversial robo call for which he has been much criticized by mitt romney asking democrats and independents to join the santorum labor union support and vote against mitt romney and back santorum. listen to this call. >> on tuesday join democrats who are going to send a loud message to massachusetts' mitt romney by voting for rick santorum for president. this call is supported by hard working democratic men and women and paid for by rick santorum for president. >> reporter: all the polls suggest this is, basically, a dead even tie heading into the final count of real votes today, and as a consequence it's very close, and this robo call deeply offends mitt romney. he has accused santorum of trying to, quote, kidnap the gop

primary in michigan by encouraging democrats to participate in it, something that is absolutely within the rules. here is a little bit of rom think's complain. >> we don't want democrats deciding who our nominee's going to be, we want republicans deciding. i know why obama doesn't want me to face him, but i just think it's outrageous and disgusting, a terrible dirty trick at the last hour, by the way, late in the afternoon on the day before the election maybe hoping no one would notice. they start sending out calls to democrats, union members telling them to go into the republican primary and vote against hit t romney. -- mitt romney, this is reminiscent of the dirty tricks of the past, and i think raich santorum has a lot of explaining to do. >> reporter: mr. santorum is not backing down, he explains he wants to show he has cross-party appeal and he can actually reach out beyond the cultural conservatives who make up the base of his support and actually get some democrats and independent and more moderate republicans to support him, something that romney has suggested perhaps santorum does

not qualify for. santorum further explains that, look, mr. romney used santorum's endorsement of him in the 2008 race in a robo call here in 2012, so turn about is fair play, santorum argues. the robo calls are not coming down, and it's important to remember while michigan's popular vote is very much up for grabs, the 30 delegates are proportionally allocated, largely by congressional district. there are 14 congressional districts in this state. romney is believed to have locked basically between 5 and p of them which means he could still get between 10 and 14 of the 30 nominating delegates which means because it's split between santorum and romney, the delegate chase is still very much up in the air. if santorum beats romney in michigan, romney's home state, it would be devastating to the argument that he's the inevitable nominee, and sooner or later it will happen. losing here would make that a hard argument. jon coming to us from novi,

michigan, my apologies to the people of novi. thanks. i want to assure parents, i want to assure your faculty and most important our students that you will be safe when reentering our program. jenna: that was a superintendent of chardon, ohio, trying to, well, send a message to the community following a deadly shooting rampage at a local high school. you saw that unfold on fox news live yesterday. the suspect is described as a bullied outcast from a troubled home. students say he opened fire in the cafeteria yesterday morning and shot five students. those students appeared to them to be targeted. two of those students are now dead, and we have been hearing more from students who knew the suspect. >> he was just a person that, like, wanted to hide himself and keep all of his emotions in, and he was doing what he wanted to do, hiding his emotions, and they built up and built up inside of him, and they came out in a way nobody would expect a

kid like t.j. to come out as. jenna: the alleged shooter, t.j. lane s now in custody. he's expected to face a judge at a court hearing later today. we're told one of the three other students shot is still in critical condition, classes at chardon high school will resume on friday. jon: right now israel is warning there won't be any warning if it decides to launch an attack on iran's nuclear facilities. israeli officials say they plan to keep americans in the dark. today israeli defense minister ehud barak is in washington for two days after talks about iran's nuclear threat. he's meeting with top-level leaders of the administration just days before the arrival of israeli prime minister benjamin netanyahu. the u.s. has been working with the israelis to present a unified front against iran. washington wants leaders in jerusalem to give sanctions more time to work, but behind the scenes israel fears it will have to act on its own to try to keep iran from developing a nuclear

weapon. we'll have more on all of this later in the hour when we speak with ambassador john bolton. >> once this was brought to my attention, i stopped it. i stopped it. in spite of what other attorneys general might have done with briefings that they got, when this attorney general heard about these practices, i said to the men and women of the united states department of justice, to the field, to people at main justice this ain't going to be the way we conduct business. stop it. jenna: well, that was attorney general eric holder in a strong defense of his actions in the fast and furious gun-running story. he was on the hill for a separate item, a budgetary hearing, but he was also asked as often happens during these hearings several questions about fast and furious. fast and furious is that controversial justice department program ha allowed guns bought in the u.s. to fall into the hands of drug cartels in mexico. holder today is calling it a flawed program that didn't make

sense, he says more needs to be done to stop the flow of guns into mexico. but the tactics used in fast and furious, he says, are a clear example of bad law enforcement. still so many questions coming from the republicans on what the attorney general knew and when he knew it about this controversial program. jon: a high-value detainee at guantanamo bay reportedly reaches a deal with military prosecutors. kahn, who lived in baltimore, maryland, as a teenager, will be arraigned in military court on wednesday. he's accused of plotting a wave of terror attacks in the u.s. kahn, the only legal u.s. resident on trial at guantanamo. chief intelligence correspondent catherine herridge is streaming live from there. she just returned from the detention camps. tell us about this case, catherine. >> reporter: a short time ago we returned from those camps and what we saw, jon, is a new soccer field that's being built for the detainees at camp six at a cost of nearly $750,000.

right now there are about 170 detainees in the camps, including kahn. he grew up in baltimore between 1996 and 2002, and after graduating high school he returned to his native pakistan where it's alleged he was hand selected by the 9/11 architect khalid sheikh mohammed to be part of a second wave of attacks. specifically, it's alleged that khan was part of a plot to attack gas stations within the united states and also to investigate whether it was possible to tamper or poison the water supply. that was later deemed to be too difficult. according to military documents, khalid sheikh mohammed tested khan in two ways. he asked him to be part of a suicide attack against the pakistani president, and he also asked him to hand carry $50,000 for the successful strike on the marriott hotel in 2003 in jakarta, indonesia. khan, significantly, is one of the 14 high-value detainees who were transfer today gitmo from the cia's secret prisons. >> in each and every case, if

memory serves me, catherine, we actually felt we had what we called an rtb on each of the 14. we had an rtb, reason to believe that each one of these had committed crimes against the united states. >> reporter: the expectation is that in the courthouse about 50 yards behind me khan will accept the plea agreement tomorrow in return for a much-reduced sentence. we expect he will testify against at least two of the 9/11 suspects, and this may signify that trials here at guantanamo are on the fast track. jon: a lot of people would like to see that happen, catherine. thank you. jenna: the aclu is in a big battle with the nypd. why? it's all about the police department's surveillance of muslim communities. some suggest this is simply unconstitutional, but police commissioner ray kelly insists this is about protecting americans, and some people, he says, have a short memory. post-9/11. judge napolitano's going to join

us, he's going to weigh in a little later this hour. in the meantime, jennifer hudson is on the witness list for the trial of a man charged with killing three of her family members. will she testify, and what is going to be next with this case? and rick over at the web wall. >> reporter: spending some time together later tonight -- jenna: we are. it's always so enjoyable, especially with our workers. >> reporter: working, jenna and i. jenna: yeah, wait a minute. >> reporter: jenna and i are anchoring coverage of the primaries, take part in our very unscientific poll. who do you think is going to win the gop primary in michigan? these are the results so far with mitt romney in the lead. who do you think's going to win in arizona? mitt romney in the lead there. what do you think? take a little time during this commercial break to go and let us know your thoughts, and we'll have more "happening now" after a quick break. don't go away. in, do you want fast relief? try bayer advanced aspirin. it has microparticles so it enters the bloodstream fast

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jenna: well, right now some new information on some crime

stories. oscar winner jennifer hudson is on the list of witnesses in the upcoming murder trial of william ball for, he's accused of kill canning her mother, her brother and her 7-year-old nephew, a horrible story. he was the estranged husband of her sister. there's a lot in this family dynamic, and obviously, again, she's on the witness list in that case. in the meantime, police in maine naming a person of interest in the disappearance of this florida firefighter, jerry. cops suspect foul play, they're looking at a man they believe was one of the last people to see him. he was traveling up the east coast when he was reported missing 12 days ago, his rental car was later found in a parking lot in gang gore, maine -- bang gore, maine. and a student says she had no part in recording it, her name is molly wei, she took the stand today in the trial of a former student,ravi who used a

web cam to spy on his roommate, the case is whether or not that video caused him to commit suicide. jon: well, it could be a game-changing contest in the republican race, and today's michigan's primary is shaping up as a two-man race between romney and santorum. leading republicans are raising concerns about the republican nomination battle and whether the candidate who finally wins it can actually beat president obama in november. let's talk about it with a.b. stoddard, the associate editor of "the hill." some republicans, according to one article, a.b., are calling this a knife fight where all of the republican candidates are doing damage to one another. >> that's right. and be, obviously, negativity is part of this process. it's not as the republicans were expecting to have a nice dance through the primary contest and someone coming out looking, um, you know, smelling rosy.

it was going to be full of attacks, they just didn't expect it to last this long. there have been more debates which means more sort of televised attacks which get picked up over and over again, people have been tuning in to the debates, and obviously, these super pac ads, these attacks have been really strong, and they've gone on and on. the problem now is they don't believe, most republicans don't believe that rick santorum or mitt romney are going to sew up the nomination tonight or next tuesday, that this is going to go on a long time giving president obama an opportunity to stay above the fray and shore up his resources and escape attacks on his record. until late in the game which would be maybe june, and that's the fear, that the window for the general election campaign is getting smaller and shorter as the ultimate nominee gets damaged. jon: well, the presumption a while ago was that mitt romney had the organization and the money to make in the a fairly quick race. that clearly didn't happen. >> right, that's right.

and actually mitt romney, now, is facing a serious challenge if he loses michigan in convincing everyone that he can broaden his support, attract more support than he has so far, shake off the non-romneys. that candidate has continued to change throughout the race, it's now rick santorum, and keep the support he has, convince his supporters that he can go all the way, win this nomination, ultimately beat barack obama. he knows that they're doubting that now, and he has to win michigan and arizona to get back in the game, position himself for super tuesday and convince them he can wrap it up soon. they're very worried right now. jon: where does mitt romney fall among voters when stacked up against pram that? >> -- president obama? >> well, mitt romney is doing very poorly suddenly with independent voters in some surveys, and that is something that he's going to need to change if he's, ultimately, the nominee. those are the voters who will decide the election. they swing between the parties. they are skeptical of party. they are not partisans, and

those voters right now are siding with president obama as the economy has continued to improve. president obama has run against congressional republicans and the do-nothing congress and, of course, stayed, as i said, out of this fight while republicans attack each other. so mitt romney would get most of them back if it's a man, you know, one-on-one fight, but right now he's struggling with them, and his numbers as you know just with the republican base are not strong enough to win the nomination. jon: all right. that's why this michigan race is in part so interesting. a.b. today art from "the hill," thanks. >> thanks. jenna: "happening now," a manhunt underway for three people considered armed and teenager. wait until you find out where they hope ised up. we have the video police hope will catch them. plus, serious new questions about sleeping pills. it's a shocking few study. it's revealing hidden danger in some very popular medications. dr. see get is here with what you need to know next. ♪ muck

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jenna: well, a massage parlor becominga crime scene in las vegas, and it's all caught on tape. rick, you have some of that for us? >> reporter: this is another example of the police releasing surveillance video in the hopes that the public can help them catch the bad guys, or in this case two bad guys and one bad girl. we've got the video from the massage parlor in las vegas. take a look very closely at this. the suspects enter, you can see the woman who works there at the massage parlor being told to go into a back room and to get some cash, and she is followed by the three suspects here. and we're going to show this to you again. they do get some money, they get

away. the workers at the massage parlor actually escape through a back door and call the police, but by the time the police get there, the suspects have already gone. all three of them are described as being in their 20s and black. the young woman there you see with the hoodie is about 5-6, about 160 pounds, and the two men are about 5-10, 150 pounds. this crime took place in north vegas february 6th, so just a few weeks ago. if you know who these people are, here's a number on the screen to call crime stoppers of thfd, and there's the number, 702-385-5555. and if you have some information, you can call, and you don't have to give your name. so let's hope they catch them. jenna: yeah. good thing no one was hurt. rick, thank you. jon: well, a new study is raising questions about the safety of some very popular sleeping pills. the research finds people using the commonly-prescribed medications have a dramatically

increased risk of cancer and death. let's talk about it with dr. marc siegel, he's on the fox news medical a-team and a professor at nyu. this isn't one of these tiny lit t medical -- little medical studies, they took a look at more than 10,000 people before coming up with these results. >> and another 20,000 that didn't get the sleeping medicine. it was in a journal called bmj which is british, but the study was done in california, and this is very impressive for a certain thing, jon, which is that if you're taking sleeping medications or sedatives and only small amounts, i'm talking 18 pills per year or more -- jon: one and a half a month. >> one and a half a month, but a four times greater risk of dying over the next two to three years. jon: and we're not talking about just old people, we're talking about people in the 18 to, what? 54-year-olds. >> the average age was around 54, 55 in the study. but i want to point out, and this is important, we're not saying the sleeping pills are

causing you to die early or causing you to get certain kinds of cancer, including lung and prostate cancer. it's no that it's causing that, it's that there may be another reason going on. why are you sleepless at night? do you know? do you have sleep apnea? do you have some illness like cancer coming on? are you more prone to fall once you're taking these sleeping pills? that's another point because there's a higher risk of car accidents, higher risk of breaking a bone from falling. so i don't think it's the sleeping pills i i think it's, a, you're not looking into the underlying problems that's causing you to use the sleeping pill, and i'm a big one on that. jon: and we're not talking about one particular brand of sleeping pills, i mean, it's some of the most common ones, right? >> like ambien, like the sedatives, lunesta, all of them across the board. it's not one particular brand. but the group that you first mentioned, these are called sedative hypnotics which means you may get disoriented, and you

may fall, and you don't want to be operating a car while you're under the the influence of. jon: and the rate of death is approximately four times greater? >> four times greater. and when you get more than 132 pills, it's five times greater. that's very dramatic, and this was only over a two-and-a-half year period. this is dramatic. but again, this isn't about the sleeping pill causing it, in my opinion, but it does warn people they may be falling when they're on tease pills. jon: and they took into account lifestyle and obesity, and none of those were factors in this particular outcome. >> right. none of them were factors but, again, people that are sleepless at night are sleepless for a reason. sometimes they're sleepless because they're ill, and i might not know what the illness is. in the case of esophageal cancer, if you have reflux, you may not feel well at night, and you need a sleeping pill at night to help you sleep. better you go to your doctor and figure out why you're having that problem. jon: good advice, thanks. jenna: les over -- battles over

health care and religious liberty taking place on capitol hill today, we'll tell you about that, plus the new york police department coming under fire, but the police commissioner is saying he's going to do whatever it takes to protect new yorkers from terror attacks. the question is, is it legal? the judge is here next. [ male announcer ] you've never tried miracle whip, but one thing's for sure -- you don't like it. but you've never tried it? see the problem here... ♪

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mandate. kathleen sebelius will testify on her agency's budget. g.o.p. lawmakers will likely grill the secretary on whether the obama administration over reached its powers by enforcing the controversial rule. james rosen has been tracking the story for us. you don't get to pick the questions, james when you go to capitol hill to testify. >> reporter: it's one of the disadvantages of being a sworn witness. at this very hour the catholic church is using multiple methods to rally congress this year. some of the highest officials in the obama cabinet are giving sworn testimony. timothy dolan, and his organization who has led the fight is also one of 300 signatories today. the catholic advocate political action committee has released a video aimed at pressuring congress to repeal the mandate.

>> in human services contraception mandate of january 20th and the quote unquote accommodation announced on february 10th will force religious institutions to do something that goes against their beliefs. catholic bishops who interpret the doctrine of the church and leaders of other religious groups were not consulted. yet the head of planned parenthood was and the mandate was finalized without addressing our concerns. >> reporter: the accommodation that president obama announced almost three weeks ago required insurers not employers to cover the cost of contraception for women. that remains unacceptable to catholic affiliated institutions, many of which selfinsure. testifying before a subcommittee about an hour ago secretary of state hillary clinton was asked about contraception programs across the globe. >> family family is the best way we have to prevent unintended pregnancies and abortion. i know that it is a very controversial issue, but numerous studies have shown that

the incidents of abortion decreases when women have access to contraception. >> reporter: and attorney general eric holder also testified on the subject this morning telling a house appropriations subcommittee the department of justice will defend the president's compromise in federal court. jenna. jenna: busy day over there on capitol hill, james, thanks so much. jon: as we've told you voting is underway right now in the michigan and arizona primaries, and the outcome could be a game-changer for the republican race. different battles, though are playing out in each state. alicia ac u.n. a is liv acuna is live. >> reporter: arizona has 29 tell gather up for grabs. this state hasn't seen the same type of attention from the campaign as michigan has. to give you an idea how each state stands in the candidates'

eyes this is how many events each one has had in michigan versus arizona. romney is locked in a bitter battle with rick santorum for bragging rights to his home state. things took a turn for the worst when word got out that the santorum camp used robocalls in michigan to urge democrats to vote in that open primary. here is romney's response. >> republicans have to recognize there is a real effort to kidnap our primary process. if we want republicans to nominate the republican who takes on barack obama i need republicans to get out and vote, and say no to the dirty tricks of a desperate campaign. >> reporter: in response santorum said this about romney, calling his tactic a low point. take a listen. >> you mean, you mean when he runs a robocalls of my voice from four years ago saying good things about him, that is not a low moment, and when i run a

call basically calling democrats who are eligible to vote here to vote for us, encouraging people to come and vote for us and we talk about our manufacturing plant and what we're going to do to create jobs? >> reporter: michigan awards its delegates on a proportional basis while arizona is winner take all. back to you. jon: interesting developments. thank you. jenna: a big story getting national attention now, new york city's police commissioner is defending a counterterrorism program that keeps tabs in a few different ways on the muslim community. they are conducting undercover operations at mosques. they say it's a fishing expedition and most importantly they say it's illegal. police commissioner ray kelly says the tactics are necessary, legal and what he's trying to do is uncover possible terrorist attacks. take a listen. >> we're going to continue to do

what we have to do to make certain that to the best of our ability that we don't have another catastrophic event like we had in 2001. jenna: judge and drew nepa napolitano is our judicial analyst. there have been 14 plots, is it legal? >> reporter: he took and oath to uphold the constitution. the constitution says the police can't do anything until they have articulable suspicion to pursue someone. the police cannot surveil or profile or monitor someone without a belief that that human being has committed a crime. and they can't decide who to monitor people on the basis of a religious group to which people belong. that's well stabbed in our law and history. jenna: we have had different events that have been tied to

different mosques around the area if we do know that in the past a place like a mosque has been used to rile up radical muslims, maybe not all the people are attending it are that way but there's one or two isn't that enough to say, listen we've got to take a special focus on this community? >> reporter: no he can go to a judge and get a search warrant. he can tell the judge what it is about these people that causes him to believe that they are likely to commit a crime and gives them the right to spy on them. without that buffer zone between the urge of the police to use spying to keep the rest of us safe, and our natural rights, without that buffer zone in the hands of the judge the police could spy on anyone for any reason they wanted and use, we're going to keep you safe, as a basis for it. jenna: congressman chu agrees along with senator ma den tke menendez in new jersey, and calls for the state attorney

general of new york to investigate as well. he says because of unemployed legal and obstacles they will not investigate. >> reporter: the attorney general will have a difficult time investigating crimes that took place in new jersey, by f.b.i., or cia or nypd. the cia and the nypd have no authority to do anything in new jersey. now the public officials in new jersey say wait a minute, we knew they were here but we didn't know they were doing that. somebody has to investigate it. jenna: it's someone in the justice department. >> reporter: the justice department or the attorney general of new jersey can investigate what happened. this has only happened in the past four or five years, this is not ancient history. according to commissioner kelly, his heart is certainly in the right place, they are going to keep doing this. jenna: speaking of, you know, recent history, made us think about an event that happened last year. we had it live on our program in fact. you probably will remember this. it was one of the -- or the largest round up of organized

crime ever in this country, and the attorney general was out in front, we do know the stereotypes about organized crime. i'm half italian, i believe you're italian as well, napolitano, and that is a community that obviously had been targeted because of, quote, the organized crime that was happening amongst it. so what is the difference. >> reporter: the constitution makes it very clear, the government cannot target groups no matter whether you are born into the group, like italian american, or whether you choose to join the group, like the mafia. it can only target individuals. and it can only target individuals as to whom it has a belief that they have committed a crime. and it can only do that after a judge authorizes it. where is all that? in the fourth amendment to the constitution. why is it there? to protect us from the government getting so strong, and so intrusive that we don't have our freedoms any more. jenna: it's a conversation that begs a longer conversation, which i'm sure we'll have in the hall. >> reporter: it would be my

pleasure to discuss anything with you. jenna: the question about whether the law protects or whether the law allows things to happen that we don't want to happen. i don't know judge, appreciate it. we have breaking news now. jon: that's right, jenna. just about an hour and a half ago we got the information that answers some questions about a missing executive from south carolina. tom spawnseller the head of the south carolina hospitality association, his body was found in an office garage, a parking garage, aeu parent lee inside a doubly enclosed room at the lower level of a parking garage in columbia, south carolina. 1122 lady street. police and his family had been looking for him for pretty close to ten days. there were some questions about some money that is missing from the hospitality association. the secret service is looking into that. all we know at this point is that the south carolina hospitality association head and lobbyist has been found dead in

a parking garage. more on this developing story as we get it. when i grow up,

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[ major nutrition ] ensure. nutrition in charge! jon: after its best season ever the baron academy boy's basketball team in texas is giving up a chance at a state championship to remain true to its faith. rick folbaum explains why. >> reporter: religious freedom dominating the headlines the last month or so, add to the list the story of the boy's basketball team from baron academy in houston. they earned a berth in the state semi finals. they can't compete in the friday game, because their school is an or dock orthodox jewish school. and it falls right in the sabbath. they asked to have the game reorganized. the organizers say rescheduling the game is not an option, it

would cause too many problems for the other teams playing. other teams have been willing to accommodate the baron team during the regular season so the players could observe the sabbath which starts friday night at sundown and ends saturday night at sundown. observant jews are asked to rest and not play. still time for them to change their mind from the association's director. back to you. jon: start the game at noon. how hard can that be. >> reporter: no problem there. jenna: we need to get jon down to texas to straighten things down there. the dow is above 13,000, a welcome sign. the last time we've been anywhere close to this. jon. we passed it last week i believe, but before that it was 2008 before we saw some of these levels. one of the big gainers in the markets is apple. the stock is trading at a new all time hi. here is why.

>> reporter: this is a stock that just won't quick. apple is touching a brand-new all time high yet again today, one of the reasons we are seeing the markets overall in positive territory yet again. the big news driving apple shares higher today is we finally believe we'll get the new ipad 3 next week. apple inviting media to an invitation-only event. i've got my invitation right here coming out this morning to an event on march 7th in san francisco. the title of the event we have something you really have to see and touch. many believe that the ipad 3 will just be a jazzed ipad 2, not a major game-changer in the way of new features. we think a faster processor, better graphics. maybe a higher resolution camera. if you're not a techie out there you may not know the difference between the ipad 2 and 3, the new products are the big thing for apple, they are sitting on a hundred billion dollars in cash and can really do no long

according to investors in today's marketplace. jenna: you got the golden ticket, look at that. >> reporter: we can work on something, jenna. jenna: we'll see. jon: road trip. jenna: jon and i will come with you, we'll be talking to you when you're in california. thank you so much for that. jon: a close call for a new york city homeowner, when this cab crashes into his house. we'll tell you why the homeowner had a surveillance camera ready and rolling. also, will israel actually keep the u.s. in the dark if it decides to strike iran? coming up, the controversy over that decision. we'll ask ambassador john bolton whether the u.s. should expect to be informed. ok! who gets occasional constipation, diarrhea, gas or bloating? get ahead of it! one phillips' colon health probiotic cap a day helps defend against digestive issues with three strains of good bacteria. hit me! [ female announcer ] live the regular life. phillips'.

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jon: an out of control cab driver crashes into a new york

city house and it's all caught on tape. witnesses say the cab went through an intersection about a blockade way, narrowly missed an oncoming car, then the driver completely lost control, smashed through a fence and hit the garage. believe it or not it's the second time this has happened to the homeowner, who now says he's thinking about moving. jenna: wow. you could definitely see why. new information on the rising danger of iran's nuclear program. we are getting a new report that israel is telling the united states and our leaders they will not get a warning if israel decides to launch a military attack on iran's nuclear program. ambassador john bolton is a former u.s. ambassador to the u.s. this says this. quote, israeliee figureses would keep the americans in the dark to decrease the likelihood that the u.s. will be held responsible for failing to stop them. you laugh. why? >> well, it's very gracious of

the israelis to use that as an excuse, but i think both they and we know that is not the real reason. i think they are very worried. if they make a decision to attack the iranian nuclear weapons program that that decision not leak out prematurely. there is no strategic surprise at issue here. iran knows the possibility exists. the best the israelis can hope for is tactical surprise, given that our government leaks like a sieve, and the order of the obama administration to a strike, i'm not surprised they would cope it to themselves. jenna: just in a broader, global perspective, looking at the global community overall. if israel decides to strike is there even a remote possibility that the united states will not look like an accomplice in some shape, way or form? >> well, we will certainly get blamed for the israeli strike, which is why the stated reasoner not involving us, or allowing us

to distance ourselves doesn't work. honestly, though the iranian nuclear weapons program is not a problem only for israel, or only for the united states, it is a global problem, i would be supporting israel not putting pressure on them not to strike as the obama administration has done for the last three years. jenna: let me ask you what headline would you like to see. we spent a lot of time over the last week talking about what the israelis plan to do, if they do, if they don't, what their plan is. what headline should be coming out of our government as far as our policy as far as dealing with iran? >> i think in terms of a potential military strike we shouldn't be saying anything. i think we are kidding ourselves if we think either diplomacy or economic sanctions have any prospect of stopping iran from getting a nuclear weapon. secretary panetta said they are win a year. i think they are less than that. i see zero chance that sanctions will work to stop them from crossing the nuclear finish

line. we are down to two possibilities, a, iran gets nuclear weapons, or b somebody uses military force to break their control over the nuclear fuel cycle. jenna: ambassador, just taking again a kind of a broad step back we have another news item today, this christian pastor could be executed in iran. we know about the u.s. hikers that were jailed in iran. iran uses its proximat its proxies to kill our people overseas. it's never stated clearly that this is our enemy. i wonder if we need to be more aggressive about that from the government side to portray to the american people and the global audience as you suggest how dangerous the country is. >> i think we should. president bush named it as one of the countries in the axis of evil. he was absolutely right at that point. president obama says almost nothing about it. all of the things you mentioned, plus iran's functioning as the world's central banker for

interest tpha international terrorism for decades. it's been pursuing nuclear wepbs. weapons. i think the american people are level headed about this. if we had leadership in the white house they would understand why israel is on the verge of making a decision about the use of military force. what public opinion polls there are out there show the american public willing to support military force to stop this regime in teheran from getting those weapons. jenna: interesting, we'll have more considerations on this ambassador to be sure. thanks again. >> thank you. jon: fox news alert and a sad one. a third victim now has died in those ohio high school shootings. demetrius hewland, a victim wounded on monday passed away this morning. t.j. lane is accused of opening

fire inside a high school cafeteria yesterday morning. he will be appearing in court this afternoon. russell king jr. 17-years-old also it was announced passed away as well as daniel pa parmantor. we will have a live report in a couple of minutes. ♪ ♪

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jon: well, i'm heading to washington, d.c. for a special edition of tomorrow's "happening now." jenna: that's it? you're gone? jon: gotta leave you behind. jenna: party tomorrow, guys, right? jon that's right. thank you for joining us. jenna: thanks, everybody. "america live" starts right now. megyn: fox news alert, decision day in arizona and michigan as we await the results. there is some good news for the two top republican contenders. welcome to move, everyone, i'm megyn kelly. arizona and michigan now at the center of the fight for the republican nomination, but as voters head to the polls in