next door to them. look at this. a rare sight happening right now. two space shuttles going nose to nose. space shuttle discovery meeting space shuttle enterprise. this is ahead of welcoming discovery to its new home, retirement place at the smithsonian national air and space museum. we'll have more on this. i'm jenna lee. rick: i'm rick folbaum in for jon scott. space shuttle discovery officially welcomed to its new home a year after its last mission t will go on display at. it will replays the enterprise which has been there. it came to washington tuesday from the kennedy space center. we watched it live on "happening now". you can see it piggybacking on top of a 747 over several d.c. landmarks before touching down in a picture-perfect landing. today's ceremony drew thousands of visitors want

to get a look at. doug mckelway is live in northern virginia and doug is what is going on right now? that is doug mckelway. obviously not hearing us. doug, he is leaning in. having a little problem with his earpiece. we'll check back with doug in a moment. this is very exciting what is going on today. a very rare sight as we see the two retired shuttle aircraft, literally nose to nose as you've been saying. it is a sight really something that is very unusual and rare. jenna: it is the end of the road at least for now the space shuttle discovery that will be in the smithsonian. this is beginning of a journey for space shuttle enterprise. enterprise will have a similar flight like we saw piggybacking on top of a 747. it will fly to new york city if weather permits. there is some concern about weather already. if it goes according to plan,

enterprise will fly over manhattan and over popular landmarks in new york city. that should be quite a sight on monday. it will land at jfk and 10 stay there for a little while before it makes its final trip to the intrepid air and space museum where it will be displayed. it will make that trip on a barge. we have quite a few miles ahead for the enterprise. for discovery though, a little bit of a rest at the smithsonian. >> a well-deserved rest because as we've been talking , discovery has flown more than any other member of the shuttle fleet. 39 missions in all. when we get a chance to see these two spacecraft side by side you will notice that they look very, very different. the enterprise was a prototype that never went into orbit and discovery as we've been saying has flown quite a bit. discovery will look a little weathered. looks like maybe it need as paint job. they said, nasa, they don't want to alter it in any way.

they want to look exactly as it does look because it was put to good use over the years. jenna: reflects hard work done by discovery and its crews. rick: that's right. jenna: we're joined by captain scott altman, a former nasa shuttle pilot. captain, as you look at some of the scenes we're taking in today what goes through your mind? >> you really look back at the history of the shuttle it all rushes back as you see that. with discovery and enterprise together, thinking how enterprise paved the way we could land this 250,000 pound brick safely and seeing discovery and history it had. like you mentioned so many flights. it has been such a great ride for the shuttle program. jenna: tell us a little bit what you did as an astronaut? >> well my astronaut career i flew four times. twice as pilot in the right seat and twice as mission commander in the left seat. each landing is actually hand flown by the mission commander in left seat to touchdown. that is the most stressful part for the commander. you know everybody is

watching the landing. you want to make sure it looks picture-perfect. once you burn your engines, no going around or go back. from that will hit the ground somewhere and you want to be sure to hit runway beneath you. jenna: that gives you real pressure and versus real stress maybe the small stuff not quite as serious. >> that perspective i think does help a little bit. plus just being able to see the planet when you're on orbit and looking out how wonderful this world is just really makes you appreciate what we have. jenna: you really were able to the have a vantage point very few people have been able to see. now we know that the shuttle program right now is stalled, to say the least. with that news what kind of emotions does that bring? >> transitions are always difficult. when you go from something you know and love, an old friend who took care of you especially me so well to orbit and back. but you realize eventually we need to

i am hoping space program will continue and set our sights on new goals. jenna: if you would, stand by, captain altman, we're continuing to take in the ceremony today. a few different voices we have to bring in to our show. rick: doug mckelway as he told you moments ago at the udvar-hazy center in chantilly, virginia. doug, tell us what is going on the ground there? >> reporter: we're awaiting official ceremony to get underway now. it has just begun as i speak. this is a ceremony that will mark the transfer of ownership of the space shuttle discovery from nasa to the smithsonian institution. a lot of dignitaries on hand. nasa administrator bolden will be here. head of smithsonian institution. many past astronauts and mission specialists are on hand. the real star of the show are the two space shuttles a

very rare chance for thousands of people to see both of them at the same time. space shuttle enterprise over my right shoulder you can see, just moving now. eric, i don't know if you can get a shot. step this way. is the space shuttle discovery which is on taxi way. it is very slowly making its way on this taxi way to the smithsonian institution out here. it is being flanked, i don't think you can see it, but ink floridaed by an array of blue suited astronauts and mission specialists. this is older one. actually newer, spent a lot of time in space, 39 missions it's flown. millions upon millions of miles in space. it bears the scars and, the worn tiles to show for that. the enter prize on the other hand this is the first time it's seen the light of day since 2003 when it was first put in the museum here. they will be put up nose to nose and provide a fitting backdrop for the ceremony when that gets underway, rick. rick: doug, the space agency,

nasa says this is as much about the future of nasa as it is about the past. tell us about that. >> reporter: yeah, it really is and nasa is really showcasing that future here today as well. they don't want this to be a funeral for the space shuttle program as much as an opportunity to look ahead to the owe rye i don't know program. on that note, if you swing this way, do unscripted swing. get an idea how big the udvar-hazy center. that tent is housing a mockup of the owe rye i don't know capsule -- orion. it is designed to hold as many as four astronauts. it will eventually carry astronauts on a six-month mission to mars. it already undergone testing. this is not a concept. it is the real thing. undergone testing for abortive takeoff. two years will be reentry test and five years, nasa says they will see the launch of the first orion

rocketship. it rivals the size of saturn 5 that put astronauts on the moon. i have spoken to naysayers and former astronauts say, take all of that withth a grain salt. they say the funding is simply not there for the orion program and that the long-term horizon of a launch of the rocket in five years time is pie in the sky stuff. that the money, the budgeting, simply is not there as of yet. and i say that as we look at the discovery approaching the nose of the enterprise. what a sight that is. rick, back to you. rick: we'll be checking back with you, thanks. jenna: captain altman, a former nasa shuttle pilot. captain, as we take in the scenes in virginia tell us why these two shuttles are so significant to our country's history and the history of space exploration? >> basically the enter prize was the test vehicle that paved the way for the shuttle flights to come. it proved we could take a

vehicle, a reusable vehicle, and land it, have pilots fly it to a precision touchdown on a runway. discovery then took that concept and put it to work. it was the workhorse of the shuttle program. flying all those missions. doing space science on orbit and also the ultimate assembly task, putting a space station together in pieces that were flown up in the payload bay of all the orbiters. it was just an amazing challenge engineering wise to build a space station the sigh we have today and we couldn't have done it without the space shuttle program. jenna: we see the two shuttles nose to nose. enter prize and discovery there. captain altman, any insight why done this particular way, putting shuttles nose to nose? >> it gives you a chance to have perspective on both of them. you could think as the book ends what we did with the shuttle program. enter prize, proof of concept.

guys flew that off a 747. ejecting off it in the middle of flight and down to landing. discovery the workhorse of the fleet. it is really an honor and privilege to see both of them together like this. rick: captain, i am wondering if i could tap into your insight here. someone retiredom much talk abot the importance of private industry and entrepreneurs when it comes to the future of space exploration and the like. are you confident that private businesses will be able to and can pick up the slack? >> i'm glad we're moving in that direction. i think it is important for us to transition. when aircraft went from things barnstormers flew and everybody scared to get into, and transportation you don't think about it before we get in. space travel will hopefully involve the same way. commercial companies have to come into the sector to do that. i do think it is important to maintain a duth dual path with government leadership

in addition to commercial presence so we make sure we can do the difficult things in space with government leadership. jenna: tom jones is also with us. a former nasa shuttle astronaut as well. tom, your emotions and thoughts going through your head at this time? >> well, it's great to see a real spaceship. enter prize had an instrumental role in leading the shuttle program off the ground but now at the udvar-hazy center at smith sown rain -- smithsonian and air and space museum. discovery shows the scars of its long career. my career at nasa was mirrored by the long career of service of discovery. launching hubble telescope. senator john glenn, one of my heroes, getting to ride the ship. it is important for people to see it up close and the scars and wear and tear involved exploring space. rick: what do you want people to know, tom, as they go is have it the spacecraft at their various locations when they are going to be retired? when parents take your young

kids to get up close and personal look at shuttle fleet, what do you want them to be thinking about and talking about? >> first it is pride. pride being an american in a country built the machine still not equaled in 30 years. then i think we should look towards the future and we should be demanding of our leaders that we have a space program that is vibrant, that's vigorous, builds on the foundation of the shuttle and does not wait a long time before we get americans flying out of cape canaveral and get spaceshipses as capable of discovery. i think we're behind on that. rick: former nasa astronauts tom jones and scott altman. thanks, gentlemen, for helping us guiding us through this eventful ceremony, historic ceremony down near our nation's capitol today. thank you for your service to our country. >> thank you very much. >> really enjoyed it. jenna: one the best parts of this job being able to talk to astronauts. rick: pretty cool. jenna: nice to share that with you and that moment with you as well. we'll have to get to other

news as well today. we have brand new fallout in the secret service prostitution scandal. you have three agent out of a job. are more firing on the way? we are going to have a live story on that and an update coming up. rick: a plan to configure your car with a black box similar to ones used on airplanes. will this help improve safety or just an another example of a nanny state, big brother watching after us all? we'll go in depth. jenna: incredible video we first showed you yesterday showing a car crashing through a supermarket. you saw the baby stroller in the front, didn't you? it went right through several aisles. we'll have an eyewitness to the mayhem and update what is going on with folks that were injured, coming up in a few moments. power moon roof, standard keyless access, and standard leather-trimmed seats, then your choice is obvious. the lexus es. it's complete luxury in a class full of compromises. see your lexus dealer.

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members of the secret service hooked up with prostitutes during the president's recent trip to colombia. congressman peter king calling this a first step but adding it is certainly not over. amidst reports one age sent planning a lawsuit. senior white house foreign affairs correspondent wendell goler is live at the white house on this. >> reporter: hi, rick. three casualties of the scandal. another 15 members of the secret service and military personnel under investigation. late yesterday secret service officials announced one supervisor was fired. another allowed to retire. nonsuperivsorry employee resigned. the assistant director said, quote, the secret service continues to the conduct, a full, thorough, fair investigation utilizing all investigative techniques, including polygraph examinations and interviews with employees involved and witness interviews. teams of military investigators are in cartegna right now trying to talk to the prostitutes involved. they haven't been able to do that. but they are talking to workers at this hotel, the

hotel el caribe and taxi drivers trying to get a picture what happened two nights before the president got there. so far they said the behavior was unacceptable but security wasn't compromised. republican presidential contender says the president should clean house at the secret service. but new york republican congressman peter king disagrees. >> no we should not. let me take two things. one on particular incident, there are 6,000 secret service employees. we're talking about 11 the he is moving effectively and quickly which he did within minutes finding out last thursday what happened. he moved. they had investigations going on over the weekend. >> reporter: likewise aides say president has confidence in the director of the secret service pointing out he acted quickly and decisively. rick? rick: ted nugent, conservative activist making comments at nra conference that caught the attention of secret service. let's take a listen to what he had to say. >> i tell you this right now. if barack obama becomes the

president in november, again, i will either be dead or in jail by this time next year. rick: okay. so that is what he said. and wendell, what is the latest on this? >> reporter: the white house hasn't commented but the secret service investigates all threats. spokesman brian leery said we're aware of the incident with ted nugent. we're conducting appropriate follow-up. we recognize a individual's right to freedom of speech, but we also have responsibility to determine and investigate intent. they intend to talk to nugent to get an explanation of what he had to say. as we understand that conversation hasn't taken place yet. rick: good. thanks for the update on that. wendell goler at the white house, thanks. jenna: one city is wading into uncharted legal territory, pushing a first-in-the-nation measure that would ban the hiring of smokers. is big brother running amok? judge andrew napolitano, in

studio with us now. judge, you have the pass. the green light in. we're glad to have you. judge napolitano is next

jenna: we're tracking a controversial measure that could eventually affect every american who owns a car. beginning in 2015 it will require all new cars to be fitted with a black box data recorder, much like the devices that are in airplanes right now. so what does this mean for your civil liberties? we want to ask our fox senior judicial analyst judge andrew napolitano who gets to be face-to-face today. >> nice to see you instead of down in the basement. jenna: we upgraded you today. >> i hope i'm worthy of it. jenna: we'll see how it goes,

judge. if black boxes are in planes, what is the big deal having them in cars? >> it is a interesting that the congress would want to do this, police in district of columbia and maryland did this not too long ago put gps devices on people's cars without search warrants and supreme court invalidated it. that is unlawful search. none of the government's business where the car is going. if police want to know where the car is going. there has to be evidence of criminality they have to get a search warrant. the supreme court didn't make this up out of thin air. it is in the constitution. police can't investigate whoever they want on a whim or follow whoever they want because they like following person. there has to be evidence of wrongdoing on the part of the person they're following. >> we understand the legislation it was part of a transportation bill that is not part of the house bill. it gets too much into the weeds to really go into it other than it has been a proposal that has made its way in some ways through congress. >> yes. jenna: but one of the parts of the legislation would be that it's my property. so if i own the car, i own

the black box. so it is my property. it is not the police. >> but the police would be able to obtain the information inside the property using electronic means. now question, can the police aim a beam at your car and extract information from it? can they aim a beam at your house and extract information from it? the supreme court ruled on that last year and it said no. so this legislation, flies in the face of what the supreme court has just ruled to protect our privacy. now the legislation has not yet been signed by the president. jenna: correct. >> it isn't even as you say in final form yet. but the american public should be aware of what the government is trying to do to our privacy. jenna: it is interesting. it came up post what happened with the toyota incident people were thinking that their brakes were getting stuck in their toyotas. that is where the thinking of black box in cars came up. >> one of the things about it even though i oppose it staunchly. it will demonstrate how fast you are going. in police say you were going 45 in a 35. the box says you were going

35, you win that case. jenna: that is interesting. as you point out. not in final form form. let's put out to this other top pick, city in texas, fort worth. they say they will make it impossible for you to hire a city worker that smokes. they would ban you, if you were a smoker from being hired by the city because they say it has to do with what is cost effective, meaning that it would cost more to the city if you're a smoker for a variety of different reasons. is that even legal? >> no, that is not lawful. it has been tried several times before and courts have interfered with it because basically it is intrusion into a person's private behavior using a product that is lawful. we're not talking about drugs that are against the law like marijuana or cocaine. we're talking about tobacco which is of course a huge product in this country which the government, including this city, receives a tremendous amount of revenue as a result of the taxes imposed on it. look, i don't like smoking and i know sometimes smokers, we all know them, have an odor about their bodies but

this is private behavior in a nonwork environment. it is not the government's --. jenna: i have to run but we just did a story last week about a hospital in texas not hiring people if they're overweight. is that a difference? >> what more nanny state are we going to get now? the only way weight can come into the decision to hire if it is a bonafide ox pagesal qualification. if the heavy person, the person the hospital says is heavy can do the job of a thin person, they can't not hire them because they're heavy. jenna: we'll continue to watch all the nanny -- you have your plate full. >> my hands are full, jenna. jenna: nice to have you in person. >> pleasure. rick does know how lucky he is getting to work with you. rick: i do. i do. jenna: i may not make it back over to the set. rick: judge you deserve another invitation back up to the studio soon. >> thank you. rick: it looks like a two-man race but women could make all the difference in upcoming presidential election. new polling show the gender gap is narrowing a bit.

who has the edge when it comes to the crucial voting bloc? we have a fair and balanced debate ahead. horror at a supermarket as a car crashes into this crowded store. next one witness who saw the chaos unfold and who responded in heroic fashion. >> everybody says where's the baby, where's the baby. they couldn't find the baby. all in the cosmetic aisle. all the managers in every department literally pick up the car and pull it out.

rick: welcome back. "happening now", and politics n a brand new poll showing the gender gap in the 2012 election narrowing a little bit. women voters, a key voting bloc for president obama and for republican presidential candidate mitt romney. in the latest poll the president still leading among women voters with 49%. that is six points ahead of governor romney. but that is a gap down from 11 points back in march. angela mcglowan, fox news political analyst. doug schoen a former pollster for president clinton and fox news contributor. always good to see you both. angela, the gap is narrowing a little bit but there's still a gap. what is going on? >> there is a gap but i'm not surprised the gap is narrowing. it is no surprise democrats are courting this vote in 2010, women were the ones that gave republicans the majority in the house. and the rhetoric from the left, dealing with

deflection and distraction saying women care about free birth control. no, we don't. we care more about the economy and job loss and creating a better and safer america. i think mitt romney is going to win that argument. rick: doug, when you scrape away all the heated rhetoric, the war on women that people on both sides of the aisle are talking about in light of recent events, when you take all of that away which party, which candidate has the better case to make when looking at a women voter in the eye and saying i want your vote? >> well i think the democrats do. i mean angela alluded to the war on women and it is not just contraception. it is family leave. it is basically policies that arguably are inimacal to the interests of women. but the larger question that gets raised not only single women who are heavily democratic but women who are part of a stable nuclear family. those women have been trending republican for a long time and that's really the constituency that the

democrats are going to have to get if the gender gap will widen as far as it possibly can. rick: doug you mentioned difference between women who are married and who are single. we have polls that illustrate the difference. if you compare them with each other, among married women, mitt romney is ahead by 7 points. among single women according to "new york times" single poll, the president has a very, very big lead over governor romney. what do you attribute that to, angela? >> i attribute it to the message and it is no questions asked that liberals have a better message and they're better communicating than republicans. so mitt romney need to get out there and women's issues --. rick: is it a better message, i'm sorry to interrupt you, is it better message or better policies. violence against women act back in the 1990s. up for renewal. the republican are against it as it has stood all these years. what kind of a message does that send to women voters? >> first of all republicans

are not against the actual act. bush signed it and reauthorized it in 2006. what republicans are against, if you give the right to same-sex couples and the rights to illegal aliens that are being abused. and it is about the message. obama is about politics and a message. mitt romney is about policy what mitt romney needs to do is break that policy message down and in layman's terms where it is more palatable. where it is not policy wonkish. and that is mitt romney's challenge right now. rick: doug, meantime, mitt romney and other republicans point to the president and his policies since he has been in office contributing to the fact that a record number of women have lost their jobs since this president walked into the white house and began his first term. how does the president combat that kind of a message? those are stats that are out there and anybody can read them. >> he will do a couple of things. first, he is going to basically attack mitt romney as he has for being a wealthy, out of touch and

not having a job creation policy. and i think, ultimately, excuse me. that is going to be the focus of the campaign. plus some new ideas to create job. he is going back to his jobs policy. and he will talk about things like the violence for women's act, equal pay and a whole range of an issue that benefit women. rick: angela, if you're talking to a group of women, and they're wondering what your opinion is, we know what your opinion is as far as who they should vote for but what is your best argument you would put out there to try to explain to women voters out there why they should vote for mitt romney? >> we need to look at the deficit. we need to look what obama has done for small businesses. we need to look at the fact we have lost more jobs under this president. we've had the highest unemployment rate under this president. that is how i would sell it to women. and liberals want to say that we carefree birth control, abortion, those are not women's issues. our kitchen table issues

deal with job creation, education for our kids, health care and if mitt romney can get out there and reach that base, i believe he can pull that vote to his side as we did in 2010. rick: we'll have to leave it there. angela and doug, thanks very much. >> thanks very much. rick: nice talking to you both. >> thank you. jenna: all this talk about women --. rick: yes. jenna: well brought us to this next story caught our attention. a famous leading lady is ready to take over the white house. cue barbie. there she is. mattel as the bombshell and rest of her friends hitting the trail this year. they will run around in pink platform shoes on the campaign platform that girls should be inspired, informed and involved. if she wins, leading the free world won't be here single accomplishment. this is also the first, the very first barbie do that can literally stand on her own two feet. rick: why is that? we have barbie dolls. my girls do in the house. is it because of their feet, the way their instep is

shaped? jenna: barbie, rick, always has pointed feet because she is always wearing high heels. she never doesn't wear heels. she always has heels. rick: you have a problem with barbie i understand. jenna: i didn't see any redheaded barbies that would be president. rick: that's true. jenna: maybe it is not the war on women. maybe it is a war on redheads. think about that? rick: major oversight there. jenna: everyone has a problem. a waiting list for those bash is about. $14 it will set you back. you can add your name. we'll move onto another story. follow-up to unbelievable story and video we first told you about yesterday. take another look at this. look at the baby stroller. rick: whoa. jenna: that car crashed through the doors of a publix supermarket in northern florida, pinning a elderly man underneath it and hurling the baby across the store. incredibly as we understand it right now the infant is okay. some are calling it a miracle. in all 10 people were injured. two seriously.

behind the wheel of that car? a 76-year-old woman who says she has no idea what caused her to accelerate into the store. investigators have ruled out any sort of failure or malfunction in the car but, wow, what a story. mark witnessed the mayhem. he also rushed to help the injured. mark, we were looking at video. we'll show it again. where were you in the store when the car came through? >> i was actually in the back of the store. i had gotten a couple of gallons of milk for a local bagel shop that my father owns. i took a two-minute detour to the seafood area. was on the phone with my wife actually when we heard that big explosion. jenna: and then what? >> well, then i went, what the heck was that? i started running and i put the phone in my pocket without shutting it off. so she listened to the whole mayhem while i was in the midst of it. and you know, we started yelling, call 911. i saw people strewn all over the place. when i got to the car, the

car actually, the wheelses were spinning almost to the point where they were smoking. and, one of the patrons opened the door up and yelled at her to get her food off the pedal which the engine was running but at least the wheels weren't spinning. at that point i was attending to some people seriously injured. i went to the pharmacy. grabbed a whole bunch of gauze. grabbed gloves. i started throwing gloves and gauze to everybody. start wrapping them up and patching them up until the paramedic dids get there while i was doing that they lifted the car up and pulled mr. hernandez out of the car, out from under the car. jenna: what smart thinking, mark, to run over to pharmacy aisle and grab medical supplies. was that a gut reaction? have you been trarnd to respond to these sorts of emergencies? >> no. i have two kids. so you read up on stuff, and just, there is certain things. just common sense. i knew the pharmacy was there and i went ahead

grabbed whatever was there. grabbed the gauze. publix will not mind me grabbing all this stuff. jenna: sure. >> i grabbed it and we started to patch up leg wounds. there was, mrs. marley, who was very seriously injured. we put compresses on her head. there was a woman attending to her. so she was actually holding it on her head. and then we patched up a fellow's leg. and mrs. hernandez --. jenna: there is quite a few people that were injured. the baby though we understand is okay. this baby i believe is only three months old. now a couple days later you're seeing the video. how do you feel about the whole incident? >> well, for the longest time i wasn't able to sleep, the first few days. i had to actually go to the hospital and meet the family and kind of, you know, see that they were okay and then i slept pretty good but i've only seen video one time because i really don't like seeing it. it is emotional. jenna: absolutely. we can understand it. sound like you did an amazing job, mark. >> there was a lot of people

that did amazing. >> sound like a lot of people came together in the community there but smart thinking. >> yes. jenna:. jenna: by you to go to the pharmacy aisle to grab what you needed to help the folks right away. mark, great to have you. thank you again. >> appreciate it. jenna: thank you, sir. rick: we continue to think about everybody injured in the supermarket crash. jenna: absolutely. rick: quick break. when we come back new threats on the core reason peninsula. have you heard about this today? south korea testing a cruise missile that could hit any part of north korea. the north fighting back with threat of its own. thousands of post office facilities could close unless congress acts and fast. how lawmakers are trying to save the u.s. postal service from some big changes. we'll tell you all about it. [ wind howling ]

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jenna: the next story is a big one for all of us. the county down is on for major changes potentially at our local post offices. unless congress steps in big cuts will step in six months. thousands of facilities will be closed and more jobs will be lost. communities across the nation will feel the effects. lawmakers are hoping to to delay the fallout but what happens to the post office's big financial problem. rich edson from the fox business network with the latest on all this. what are they doing ahead of deadline. >> reporter: careful deliberation and yes, sir, fighting. competing plans, one in the house and one in the senate would offer buyouts, layoffs, close post offices, processing plants, eliminate saturday delivery and slow mail services. house version is generally more aggressive reducing the size and cost of the service. the senate majority leader calls that plan reckless. >> unlike the unacceptable

bill congressman issa is pursuing in the house, this bipartisan senate bill preserves the postal service we know and rely on. >> reporter: the coauthor of the house proposal, congressman dennis ross writes to fox business in a statement that the senate bill does what the senate has been doing every day under senator reid's leadership, nothing. leaves tens of billions on the taxpayers, puts politics in charge and lets the postal service go bankrupt or ask for another bailout. the house and senate have yet to pass either plan. jenna: partisanship aside, how bad is really at post office? i'm not talking about lines. i'm talking about financial situation. >> lines could get worse. the postal service says it could be in the red $21 billion by 2016. it lost more than five billion last year. already has lost more than $3 billion in the first three months of this year. approaching $15 billion government are borrowing limit.

the postal service agreed to give congress until may 15th to figure it out. if not it will likely close mail centers and offices. back to you. jenna: you wonder how they get themselves into that situation when you see the lines. i'm only speaking from the big city perspective. there are really nice post offices out there with no lines somewhere in america. >> reporter: they have lines, trust me. jenna: rich, thank you very much. we'll continue to watch this, thank you. the. rick: coming up, a story that we've been watching you might not have heard about. new government regulations making big waves, forcing swimming pool operators to install chair lifts at all public pools to accommodate the disabled. why a lot of people afraid this could put them out of business. our panel will weigh in next. ♪ beth! hi! looking good. you've lost some weight. thanks. you noticed. these clothes are too big, so i'm donating them. how'd you do it? eating right -- whole grain. [ female announcer ] people who choose more whole grain

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rick: well president obama making a play for the latino vote. his re-election campaign launching his first spanish language ads in key states. latinos make up 9% of the total electorate, but in the delegate rich battleground state of florida, they make up 35% of the vote. mitt romney called on the gop to come up with alternative for the d.r.e.a.m. act for young immigrants brought illegally to the u.s. by their parents. marco rubio, pub puck senator from florida talking about a possible vp pick is working on such a plan. could it help republicans get important votes? joining us the director of the rnc hispanic outreach campaign. alicia menendez, editor at politics 365.com. both are co-host of "power play" on xm sirius satellite radio.

at a fund-raising event last weekend mitt romney telling supporters the way polls look right now, where latino voters are overwhelminging democratic it could spell doom for the gop. this was his words, doom. how does the republican turn that around? >> i think what mitt romney is saying, all the candidates saying even us here at the republican national committee hispanic voters are very important swing vote in this upcoming election. why we at the rnc launched a national hispanic outreach program and recently named six state directors in battleground states to make sure we engage spanish voters across the country. rick: alicia, i know i'm asking a liberal this question but do you agree with the governor that this is doomsday scenario for republicans? >> he is definitely on point and the one who created this problem. all during the primary he tacked to the right on immigration saying he would veto the dream act. he wanted immigrants to self-deport. saying other things he would

not have voted for sonya sotomayor the first latina named to the supreme court. he needs to acknowledge all that. he needs to distance himself from people like kris kobach, architect of sb 1070 and anti-immigrant legislation. calls him supporter. coback calls himself an advisor. third point may be the hardest of all. rick: what about that? i know that the governor and a lot of other people have talked about the latino voting, latino community not being a single-issue voting bloc. that immigration will not be the sole reason they two to the polls or sole thing they think about when they vote but how do they get beyond some of these issues regarding immigration? sonia sotomayor and other things we heard about from alicia? >> well the immigration is important issue. it is something we're talking about. we want to have a real discussion. there are lots of candidates and officials talking about solutions to the immigration

but what we want to talk about this president has done nothing on immigration. he promised to pass immigration reform in first year even with control of congress did nothing. three years later we're still waiting. you're not right, not single issue voters. number one issue is the economy and jobs. we'll be talking about how obama failed the hispanic community and this entire country. hispanic unemployment is high. record number of children are living in poverty. i find it very interesting that of all of obama's ads that he just released none of them talks about the economy. it is because this president has no economic record to talk about. rick: alicia, go ahead, alicia. >> beti in. a talks about children living in poverty and gop is offering budgetary cuts would cut spending for snap we all know as food stamps. hispanics disproportionately cover under snap. we have republicans potentially thrusting those hispanics who are living in poverty into a situation where they will be put off

the food rolls until they get down to $2,000 in their saving. rick: quick response. >> a lot of those hispanics would not have to have the programs if they had more jobs. if the president provided more jobs and economic recovery that he promised that wouldn't be a problem. but, so many hispanics don't have jobs. so many americans don't have jobs. this president has failed -- >> with republican they won't have food on top of that. rick: we have to leave it there. you can hear them on cirrus xm. their show is called, "power play". we'll have to have you back real soon. >> thank you. jenna: look forward to that they were great. most wanted man in the fast and furious investigation was released from police custody not once, not twice, but three times. the exclusive new information and more dramatic video just ahead.

rick: brand new stories and breaking news this hour on "happening now." cops are searching for a missing young soldier. we will break down the link

between private kelly bordeaux and a brand new be person of interest in that case. also, the los angeles times publishing pictures of u.s. troops posing with the because of terrorists in -- with the bodies of terrorists in afghanistan. and doctors say he should be dead, but you won't believe what one of new york's finest has lived through. we'll tell you. jenna: we're going to start off this noon hour with more fallout from the gun-running operation, fast and furious. we're now learning the accused ringleader of this whole thing was arrest canned released not once, not twice, but three times. i'm jenna lee. rick: and i'm rick folbaum in for jon scott. fox news obtaining exclusive video, and now congressional investigators want to know why he was set free. william la jeunesse is live in los angeles with this exclusive

information. >> reporter: well, rick, it didn't make any sense. this was the biggest fish in the fast and furious pond, and the atf had multiple opportunities to shut down this operation early, but it didn't. why? if atf had used these arrests to take acosta out, it would have not gotten a wiretap, and without the wiretap, they couldn't build a bigger case which is what they wanted to do. but by allowing this to continue, hundreds reportedly died in mexico and at least one federal agent here. the most wanted man cat in the act -- caught in the act firing ten rounds from this handgun, yet manuel seles acosta remained free to traffic thousands of guns to mexico. only after the death of border agent brian terry is acosta's operation shut down. >> they could have taken him in and prosecuted him at any time, so it's got to be one or the other, it's either total incompetence, or maybe it's something a little bit more coordinated that the department

of justice is not willing yet the talk about. >> reporter: congressional investigators suspect the justice department is unwilling to talk about acosta's possible role as an informant. here's why. the fast and furious investigation began in october 2009. in april 2010 police arrested acosta on this phoenix street with cocaine and happened guns hidden in his truck. he was released and not charged. in may immigration agents stopped acosta at the mexican border with 74 rounds of ammunition hidden in his car. again, released, no charges. then in october a surveillance camera attach today this telephone pole captures acosta firing a handgun purchased illegally by an aecom lis, sean stewart. acosta is arrested, but released. >> somebody back in washington, d.c. was making terrible, disastrous calls on this, and it led to the death of a lot of people. >> reporter: now, guns used in

both the april and the october incidents were all fast and furious guns, so here's the irony. with the government camera trained on his house, federal agents were able to see him unloading or firing a weapon they knew he obtained illegally, yet they made no attempt to bust the ring. that is why some feel he was being protected by the government as an informant. back to you. rick: unbelievable. thanks, william. jenna: well, frightening new developments on the korean peninsula today. south korea unveiling new cruise missiles with the capability to hit anywhere in north korea. this as the north makes new threat against the south. that's what's happening there. in the meantime, india successfully testing a new nuclear-capable missile that could hit targets in china and eastern europe. so what does this all mean? why is this all happening now? peter brooks is a senior fellow at the heritage foundation. peter, let's first start with

india. we were talking a lot about north and south korea in the past coup l of -- couple of weeks, but india we haven't. why do you think they're shooting off this missile now? >> well, it's important we spend a lot of time talking about china, for instance, but another rising power in the world in the international system is india, and this launch has put focus on them. interestingly, they have joined a very exclusive club, you know, it's now a country that has joined, has intercontinental ballistic missiles capable of reaching places like beijing which some commentators say is the actual intent of this missile test. you know, china is rising in asia, india's a major power, they are rivals with one another, and i think this is definitely a name towards china from india that we're here, we need to be respected, and we're going the have a significant place in asian security matters. jenna: you know, we had almost an instant response when north

korea tried to shoot off its latest rocket, failed missile test. why don't we respond with india and its test? >> well, fortunately, india's quite transparent about it. they're also a friend of the united states. in fact, jenna, most people don't know that india's the world's largest democracy, the most populace democracy ahead of the united states, so i don't think there's fear of india. perhaps in beijing there is, but the united states and many of america's allies are certainly not fearful of india. it's a different sort of society where north korea has never really renounced its hostilities towards the united states or south korea. in fact, we're technically still at war on the korean peninsula. so there's a much greater concern about north korea. plus, their record of proliferation. north korea has shared nuclear and missile technology with the likes of iran, probably pakistan. remember, the israelis took out a syrian facility back in 2007, even perhaps burma. so, but india hasn't been the proliferation problem that north korea has and currently is.

jenna: i'm going to move to north korea in just a moment, but a final thought on india. 60-100 nuclear warheads is the count we have on record, but no one really knows for sure, peter, and i just wonder with india doing this now, will india provoke any sort of response from a place like china or maybe even their neighbor, pakistan? >> well, china has reacted rhetorically, and next week we're doing to see russia and china with their first naval exercises. that's a bit of signaling from beijing that we have other friends. now, we usually look at india in terms of pakistan because of the rivalry there and sometimes, of course, afghanistan. but this missile far exceeds what is required for a strike into pakistan, and i think it is a bit of one-upsmanship on the part of the indians when they look at their neighbor since now they have intercontinental ballistic missiles. jenna: well, speaking of that, if you will, south korea

unveiling those new cruise missiles, we're telling our viewers about that following last week's failed test by the north koreans. do you think this is smart policy by the south koreans to do this now, meaning that it's a good posturing just as a reminder to have the north koreans, or do you think it's reckless at this time to do something like this? >> i think it's fine. i think it's a good idea. i think we have to show solidarity and strength towards north korea at these times because we're expecting additional provocations. everybody's expecting another nuclear test. kim jong un is expected to be raided more rank, given one more title, chairman of the national defense commission. we're expecting a nuclear test somewhere around that. we also are expecting additional provocations. remember, over the last couple years north korea sunk a south korean warship. it also shelled a south korean island, and it had a failed assassination plot against the south korean defense minister, and many people are thinking that north korea's going to do

something towards south korea to show its strength. and so i think that south korea's respond, and i think it's very important from the point of deterrence to tell north korea that we're strong, that the u.s./south korean alliance is strong and that we won't brook any nonsense out of them, especially hostilities or provocations. jenna: we're going to keep an eye on that korean peninsula. i wish we were promoted as quickly as kim jong un. [laughter] >> that's right. four-star general. jenna: different situation. nice to have you as always, look forward to having you back. >> good to be with you. rick: we're keeping an eye on the job market as well, and some disappointing news today on that front, 386,000 new weekly unemployment claims, and that is worse than analysts were expecting. ashley webster is reporting with the latest on all of this. hi, ashley. >> reporter: hey, rick. initial claims are considered a key measure of the strength of the job market, and in recent months we have seen those claims falling which is a sign that layoffs are slowing down and,

yes, the companies are starting to hire more workers. but that assessment may be a little optimistic. the labor department says weekly applications for unemployment benefits dipped last week by 2,000 to a seasonally- adjusted 386,000. when applications fall below the 375,000 mark, it generally expects hiring will be strong enough to strengthen the unemployment rate. clearly, we are not there. the numbers are disappointing which also suggests that job creation remains stagnant at best. the unemployment rate fell to 8.2% in march, but part of that drop was because people simply gave up looking for work. people who are out of work but not looking for jobs aren't counted among the unemployed. unemployment claims have remained below the 400,000 level now for 14 straight weeks, so we can take some comfort from that. but the department also revising the previous week's data to show 8,000 more people applied for

benefits than first estimated at 388,000. the four-week average which is the less volatile number, if you like, it smooths out all the other seasonal data, that rose to around 374,000. that, by the way, the highest level in almost three months. but it is the time of the year when the numbers can be a little bit on a roller coaster. the easter holiday and school spring breaks are in different weeks, and that makes it difficult for the labor department to get an accurate picture. some states do allow state contractors to apply for benefits when school is out of session so, clearly, they add to that number. applications started to tick up in recent months after months and months of steady declines. also the latest numbers show that a total of 6.37 million people are currently claiming unemployment, but again, that doesn't include those people who have simply given up looking. back to you. rick: numbers that just remain too high. ashley webster, thanks so much. jenna: an interesting point about the spring break factor,

hadn't thought about that. in the meantime, we have this frantic 911 call from the social worker handling the case of josh powell's two young boys calling for help after powell locked her out of his home. seconds later, he blew up the house. he killed himself, and he also killed his children. today, the emergency dispatcher is catching some heat. we're going to tell you why. plus, mitt romney and president obama targeting the same voting bloc on the road to election day. it's not women, it's not latinos. we're going to talk about the persuadables after the break. ok! who gets occasional constipation,

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rick: a fox news alert, and we want to tell you about a scene that's unfolding in the skies off the coast of florida, the western coast. there is, apparently, a pilot in

a small, private plane, a cessna, perhaps, who is incapacitated and now law enforcement officials are confirming that this plane is flying about 150 miles off the coast of florida above the gulf of mexico. the pilot, again, not responding to any tower or anybody like that. they are working under the assumption the pilot, that the plane may have lost cabin pressure and that the pilot may either be de or passed out as a result. they have sent up two f-15s to fly alongside this small plane right now. the u.s. coast guard is getting ready just in case it needs to respond if this plane ends up going down in the water. norad is working on this as well, obviously, with the f-15s involved, and they may be releasing a statement soon. again, a pilot unconscious in a small plane, and we will keep you posted as we get more information. jenna: in the meantime, we're going to keep an eye on our

other top crime stories right now. a frantic search is underway for two escaped inmates, one of them a convicted killer still on the run today. four prisoners busted out of kansas prison. the two men on your screen are on the loose. first trip to court for a nurse accused of abducting a baby and killing the baby's mother. cops say the woman on your screen was depressed after a recent miscarriage. she allegedly shot the mother and took the newborn. and the 911 dispatcher who took the call from a social worker minutes before josh powell killed himself and his two young boys now being reprimanded for his handling of the situation. powell locked the social worker out, and then he blew up his house with the boys inside. a recording showed that the dispatcher who handled the call from the frantic social worker before any of that happened said that emergency workers had to respond to other life-threatening situations first. ♪

rick: back to politics, now, and in our first hour we talked about the women's vote, the latino vote, now we want to talk about the swing voters, the folks who have not yet made up their minds who they're going to be voting for. a.b. stoddard is associate editor of the hill, aaron mcpike is with real clear politics. thanks very much for being here. a.b., who are these voters, and what do they want? is? >> well, most of them are a group of voters that historically president obama has not done well, many of them are non-college educated white voters, they've turned against this president, but they might be open to an argument about economic and tax fairness, so the team obama hopes. in contrast to mitt romney who is such an incredibly wealthy man, such an other, unlike no one that they know, um, and

there's also a group of voters that the romney campaign is targeting, voters that are more affluent and higher, have more educated, live in suburbs, probably voted for president obama but are deeply disappointed in him, and they are going to try to peel him away. so it's an interesting mix of people that are in each other's traditional camps, and both are going to try to steal them away in what is expected to be a very close election. rick: so, erin, these are people that may not have much to do with each other except for the fact that both sides view them as a voting bloc that can, perhaps, be persuaded at the last minute. >> that's right. and as far as the blue collar voters go, president obama was targeting them just yesterday in ohio when he was talking about federal jobs training programs x. he points out that those are the kind of programs that mitt romney would want to cut. so it's incumbent upon president obama to show that the government actually helps these

voters. rick: you know, a.b., in the run for the nomination mitt romney didn't exactly have the support of these blue collar workers, it was rick santorum who seemed to get most of their votes in the early primaries. and in the runup for the democratic nomination in 2008, it was hillary clinton who won these people over, not president obama. so i wonder, who has the advantage here since neither side has really been able to win these folks over in the past? >> >> well, president obama is starting at a deficit with these voters. the republican nominee is expected to win white, working class, noncollege-educated voters. so it's a question of how many votes that president obama might be able with a message about job training and tax fairness, etc., to peel from mitt romney. mitt romney was doing well with those voters. the ones he often didn't win in primaries next to quite well and

especially in polling up until december. once he released his tax returns, we found out the rate of taxation that he pays, the amount of investment income he makes every year, there $57,000y without having a job, once that information surfaced in february, his numbers went way down with that group, so he has to fight the get them back. that's why president obama sees an opening with that group. but the republican is expected to, ultimately, win them overall. rick: erin, i want to ask you real quickly here how important are these voters overall when we talk about who's going to win the white house? >> very important because, as you talked about earlier, president obama does do better with latino voters and women voters. but in some of these rural areas those margins can make up the difference, and it may be the difference in a state like ohio that's extimely critical for both mitt romney and president obama in terms of the general election later this fall.

rick: erin mcpike and a.b. sort add -- stoddard, a brand new column out today offering some unsolicited advice to the democrats. check that out online. nice to see you both, thanks so much. >> thanks. jenna: well, a police officer is counting his blessings today after a truly horrific injury. just how did he get out of this whole situation alive? we're going to have his remarkable story next. and a mad scramble to install mechanical chair lifts at all public pools following a brand new federal requirement. is this a good idea or another costly regulation? our panel debates that coming up.

rick: he's being called the luckiest unlucky man ever, a new york city police officer said to

be recovering after he was stabbed in the head with a knife. julie banner the rah -- banderas, what a story. >> reporter: a police officer, you just saw him there, stabbed in the head and lives to tell about it. nypd officer lure was responding to a 911 call from a mother who had called police saying her son needed to go to a hospital because he was, quote, acting in an erratic manner. well, after the officers arrived while they were escorting the alleged suspect out of the apartment building, he suddenly whipped out a knife and began stabbing lore in the skull, the face and the neck. when the 28-year-old officer arrived at the hospital, he was bleeding on the brain, but doctors discovered the blade narrowly missed vital brain functions, belief it or not -- believe it or not. the head of neurosurgery at mount sinai hospital said lore is, quote, as lucky as you get. he said the knife went deep into his temporal lobe and nicked an

artery. the suspect fled but was caught two block away. lore's pregnant wife dena says her husband loves his job and will no doubt wish to return once he recovers. rick: unbelievable. jenna: nypd impresses you ever single day -- every single day. public pool owners have until may 21st to make their pools accessible to disabled swimmers. some say the upgrades are long overdue, and everyone should simply have access to public swimming facilities. others argue it could lead to some pools, public pools shutting down simply because they can't get the equipment in time, and the costs are high. marlene is public policy vice president of the american hotel and lodging association, and mark is president is and ceo of the american association of people with disabilities. welcome to you both, we're glad to have you. mark, i was surprised to know

this wasn't the law already. why is this new regulation necessary, and when did this come about? >> so, actually, it has been the law for a long time. um, george bush sr., actually, was the president who signed this into law 23 years ago -- 21 years ago, and we're only now seeing the department of justice looking to enforce it. so it is long overdue because all americans, including americans with disabilities, should have access to public swimming pools. jenna: wow, a 20-year heads up, marlene? that's a long time for folks that have public pools to make sure that they fit in with the federal requirement. what's the problem here? >> well, i think that mark is overstating that a bit. actually, the 2010 regulations that came out didn't actually specifically state that you had to have a permanent pool lift. that only came out in january in some guidance, and so what we're saying is that, really, this is all about requiring a permanent versus a portable lift. and we just think the industry

makes, it makes more sense and it's safer to have a portable lift that can be shared between pools, it doesn't cause injury, you don't leave out overnight for the elements and that is, you don't require a pool to have to be, deck to be torn up to do electrical grounding work, looking for a practical solution. jenna: mark, we're seeing a few different pool lifts on our screen, i think the first one we showed was a permanent one, and some pool owners are saying, listen, this is costing us upwards of $6500, we're worried about insurance liability, and then they say -- this just came out a couple months ago that this was the requirement, and now everyone's rushing to get one of these lifts, and there's a shortage of them, so they don't feel like they're going to be ready in time for this swim season which leads them to maybe shut down a pool. do you think there should be some flexibility about whether or not it's a permanent lift or one that can be moved on and off the pool deck? >> when it comes right down to it, i think there already is a

compromise, and there is in the new regulations an undue burden clause. so that means that if a public pool owner can make the case that there is an undue burden for them in installing a permanent lift, that the portable lifts are actually acceptable. and so, you know, we've seen these arguments for a long time after the passage of the americans with disabilities act, but when it comes right down to it, in america people with disabilities should have the same access that everyone else enjoys, and the portable lifts, you know, there are pools, many public pools that don't have life guards on duty at all times. in those instances what happens when a person with a disability wants access o that pool? they aren't the safest solution, and we really think that the permanent lifts are the way to go, and so we're pretty excited that we're close to making or close to seeing that happen. jenna: well, and, marlene, a quick final thought. what's fair is fair, to mark's

point, access to everybody and everybody has the same rights to these properties. so isn't it just the job of these pool operators to comply finally? >> we think the guest services and accommodations is what the industry is all about, and we want to be able to comply. we want to insure that all our guests are safe, and if these portable lifts make a guest safer, then that's what we want to stay with. if a permanent lift is going to make them at risk, they're going to be less likely to install it. if goal is access, we need to be able to give the operator some flexibility. we're just asking for a common sense solution to be able to provide that access, and i would think that should be something mark would agree with. jenna: ahead of the swim season which is one of the reasons why it caught our eye. we'll leave it to our viewers to decide what they think about this issue. marlene and mark, it's nice to have you both. thank you for coming on. >> thank you. >> thank you, jenna. rick: fox news alert, we continue to track this airplane

that's flying off the coast of florida, it's a small private plane a cessna. the pilot, apparently, is incapacitated. there may have been a loss of cabin pressure leading to that. this is a web site we have found, it's called flight aware, and it actually is tracking the flight path of this airplane right now that is flying around, it still has fuel in it, and it is circling around in the gulf of mexico as you can see. two f-15s were scrambled to fly alongside of this aircraft to try to monitor it. coast guard crews are already on the ground if and when this plane goes down into the water. we're going to continue to track this story for you, and we'll have more "happening now" after a quick break. don't cogo away. dry mouth is very common.

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jenna: now this fox news alert. we've been telling you about this small plane that has been circling the gulf right off the coast of florida and there was some concern about the pilot and whether or not he had some sort of injury or incapacitated some way. we got word the plane crashed into the gulf of mexico. this is significant because we're clear just what happened to this pilot and whether or not he or she is okay. also made it significant is the that two f-15s were scrambled to follow this plane after the plane lost radio contact. so a lot of questions about what happened here. we are getting word that this small plane off the coast of florida, in the gulf of mexico went down. as we learn more details we which bring those to you.

rick: the pentagon condemning the publication of graphic photographs apparently showing u.s. troops posing with the remains of homicide bombers in afghanistan. the pentagon asked "the l.a. times" not to publish these pictures fearing they would incite more violence in the region and put u.s. troops even in more danger. the newspaper says it has the responsibility to report on the war to and to publish the photos. we have the editor-in-chief of washington free beacon. ellen ratner is bureau chief of talk radio shoes service. nice to talk to you both. did they have to pub what size these pictures. >> of course they didn't. they made editorial judgement. i'm a little bit afraid did i cat not of anybody but i don't like to cause trouble. "l.a. times" did this after talking to the pentagon many times. also the one fact really got me this particular group of

soldiers, this company, was sent back to afghanistan. this happened two years ago. so they were not actually, they published these because they're afraid of unit cohesion issues and that was safety of these people that was editorial decision they made. rick: matthew, would the washington free beacon publish these pictures. >> not at all. it would put soldiers at risk. the obama administration were worried publishing these were endanger troops lives. we seen the pattern of alleged malpractice of part of american soldiers causing riots into afghanistan. this is feeding into that river of hate. it was a horrible decision on the part of the "l.a. times". rick: ellen, these were terrorists. these were not insurgents. these were not freedom fighters. these were killers who were kill willing to kill themselves and who did in an attempt to kill americans on the ground s that point being lost here? >> no, i don't think that point is being lost at all.

the issue do we respect people, even if you kill them and kill them for cause, is that, is there something respectful that we have to have as americans. i think what the person who released these photos to the "l.a. times" said apparently to the "l.a. times" is they were worried because this group was being sent back that there was a real problem in terms of unit cohesion, in terms of following the rule of law and that was their concern and that seemed to be the concern yesterday when they did a blog, live blog chat of "the l.a. times" editorial staff. rick: matthew, this story comes without any context at all in terms of painting a picture that shows that what these soldiers did is in no way representative of what our men and women in uniform on the ground in afghanistan or anywhere else in the world, the way that they're acting. a little bit of context here. what do you think? >> well of course you're right and the fact is even if there were problems with unit cohesion or problems with discipline in the unit

that is the military's problem. that is the department of defense's problem. ultimately that is the commander-in-chief's problem. that is not "the los angeles times", problem especially this incident happening more than two years ago. "the l.a. times" here was out for voyeurism. it was here for sensation. it was out here for page views t was just a bad decision all around. >> i do not think "the l.a. times" was out for voyeurism and page views. they struggled with this as a editor. >> and i would have made the right decision by not releasing photos. >> these kind of things there is lot of grayer who. very easy to say oh they did right, they did wrong. this is a very gray area. and i'm old enough to remember the one weeks dead that was published that really changed how we prosecuted the vietnam war. so there are times that this can be appropriate and i don't understand the full judgement of "the l.a. times" but you also have to respect that they really struggle deled with this. rick: now these pictures are out there at a very sensitive juncture here as

we're trying to negotiate our end to our involvement in that part of the world. i can't help but think these pictures out there will complicate those negotiations a little bit and maybe even more than that. >> how about sending that unit back to the area. this is the same nyunt unit where some of the people engaged in that. what does that mean about the discipline in that unit? rick: we'll have to leave it there. ellen, thanks very much as always. matthew, with the washington free beacon. good to talk with you both. >> thank you. >> thank you. jenna: we want to keep you updated on one soldier that we've been watching over the last couple weeks as we continue to watch the entire war in afghanistan and what is happening on the ground. man on your screen is army staff sergeant travis mills. a member of 82nd airborne, third deployment to afghanistan. just last week he lost all four of his limbs in an ied attack. this is ied explosion. he had emergency surgery on monday in germany and he is right now recovering from another operation at walter reed army medical center in washington. you see him with his wife

kelsey and his little girl cloe. a short time ago his father dennis told me was meeting with a specialist and things are going very well. if his condition continues to stablize he might be out of icu in a few days which would be miraculous considering some of his injuries. people around the country are getting involved to help the family. there has been a tremendous outpouring of support. you can get updates on sergeant mills on facebook. that is very active. also the website, travi travismills.org. there is the web site site. you can sendo nations to help the family. we appreciate being updated with them so we can update you on the first few days of his journey. rick. rick: we continue to think about the mills family. what we come back what could be a break in the case of a missing soldier in north carolina. why police are talking now to a registered sex offender and his connection to the possible, the possible connection to the disappearance of kelli bordeaux. we'll be right back

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jenna: new developments now in the hunt for missing soldier kelli bordeaux, last seen leaving a bar in fayetteville, north carolina, over the weekend. now there is a person of interest in this case, a 25-year-old bar hand, who is also a registered sex offender. police have already questioned him twice and while he reportedly admits he gave bordeaux a ride home that night he insists he has nothing, nothing to do with her disappearance and he is being unfairly targeted. joining us rod wheeler, former d.c. homicide detective and a fox news contributor. i know you're not directly involved with this case, rod, but do you buy this guy's story? >> at this point, jenna, i don't. i'll tell you why. this guy has made a number of self-serving statements. i don't know if you and

viewers had opportunity to watch interview he gave other day with another media outlet. he gave several statements that other people could be involved with her missing. i thought that was very interesting. i can tell you from a law enforcement perspective the investigators are definitely looking at his story. they're trying to corroborate everything that he said. i also, just learned some recent information just today, that there may be a link, jenna, and this is so important, there may be a link to this pond that the police are itch soing right now. you know they're searching a pond down there in fayetteville, north carolina. from what i'm being told there is link between this guy necklace and that pond that will be interesting to find later on today. jenna: what kind of a link? >> police have not confirmed it and i don't necessarily want to jump out and say what it is. i was told from a reliable police source down there what the link could be. i would rather wait because other thing, jenna, the police department, they don't want to tip off, if something has happened to

kelli, i don't think they want to tip off the person that has done it. jenna: important to be responsible and not too speculative at a time like this. hard not to speculate we've seen these type of scenarios play out time and tile again. >> exactly. jenna: hard not to want to jump to conclusions. this young man, not only went to the press but he also talked to police. why would he be so bold if he is guilty? >> you know, i've seen, many years of investigating homicides in washington i can tell you i've seen the whole gamut of individuals that will come in. jenna, some people will come in and talk for days and act as if they had nothing to do with what we're investigating and they could be the prime person. let me give you another quick example. this guy made a statement to the police he dropped kelly off outside of her home but at corner of her block. according to him, kelli said, stop the car here and let me out. hear is the question, why does she want to get out at that point? nick believes the reason she

said that because somebody else was at her home. that is self-serving statement. again all of these things are going to be corroborated by the investigators and that's what they're diligently working on right now, jenna. jenna: rod, if you are on the scene at this moment, some information you've gathered, still some questions left to be answered what's the one thing you would really work on at this point? >> well there's a number of things you that you definitely want to work on in a case like this but the one question i really have is this. kelli's cell phone was ink ed not far from where she went missing. if that is the case, where in fact was this guy nicholas's cell phone pinged from the night she went missing? because they found her cell phone eight miles away from where the last ping occurred. if that is the case, was this other guy, nick, was his cell phone in that same area? they ought to be able to find that out pretty quickly. if that is the case they will drill this buy a lot more, jenna. jenna: sound like an important clue.

rod, thank you for your expertise and experience with your viewers. we always appreciate it. by the way number on our screen is the tip line, we can bring that up. if you have any information, 910, 483-tips. rod thank you. we'll have more information as we get it. rick: talk about cold cases we may have a break in a case of a missing little boy. it is the case that shook entire nation. he was snatched at the age of 6 here in new york city. his body was never found. why the fbi is resuming their search for him 30 years later. unbelievable pictures we're showing you now. this tanker has gone up in flames as you can see. crews now battling the flames on the ground there, springfield, ohio. this fire spread to a building nearby. we'll have the very latest when we come right back.

rick: fox news alert. got to take you back out to springfield, ohio. these are live pictures right now. this is a fuel truck that somehow went up in flames and a nearby building got caught up in the mess. and now that build something on fire. the truck continues to be on fire. the good news here out of springfield, ohio, is that there are no immediate reports of anybody being hurt or any evacuations nearby but you can see there are other buildings nearby as crews are on the scene. you have seen chemicals already put on these flames, sprayed on the flames in order to try to bring the fire under control. we'll continue to monitor this situation. a fire burning out of control in springfield, ohio. as we get more we'll bring it to you. jenna: the shocking new twist to a very cold case. or so we thought. the fbi resuming its search for a little boy who disappeared more than 30 years ago. julie, you have more on this?

>> this story actually captured the entire world because this was a global search for this little boy. one of the most famous missing person cases here in the united states and one that tugged heartstrings for more than 30 years. fbi following up on new leads today which led investigators to the scene where 6-year-old, etan patz mysteriously vanished back in may of 1979. well this morning they began searching a new york city building located on the southeast corner of prince and worcester streets in soho hoping to find answers. 40 investigators showed up. one official says the searchers plan to use jackhammers and pick axes to tear up the basement's concrete floor. the suspected killer, jose ramos has long been in jail for other sex crimes. in the past prosecutors never quite felt they had enough to take ramos to court on the patz. the search is linked to one of many leads that developed since patz disappeared 33 years ago. jenna: we'll continue to

follow the story, julie, thank you. rick: when we come back we're awaiting the end of an era in the world of college basketball. a legendary lady of the ncaa stepping down, saying so long to pat summitt after the break. choose control. introducing gold choice. the freedom you can only get from hertz to keep the car you reserved or simply choose another. and it's free. ya know, for whoever you are that day. it's just another way you'll be traveling at the speed of hertz. with dana all night. wow. lost my mio energy, hired this guy to keep me awake. here, have some of mine. ♪ mmmmm. you're fired! [ male announcer ] personal, portable mio energy. shake things up.

jenna: bringing you back, now, to springfield, ohio, where we've been watching this fire. a fuel tanker went up in flames, and we're not sure as to why, but it became a bigger situation when some of those flames spread to a building and, obviously, a very big fire that crews continue to battle right now. we have no reports of injuries or evacuations which is pretty remarkable when you see what the firefighters have to deal with. and we're not sure if fire spread from the building to the tanker or the tanker to the building, so still some questions here, but luckily at this point no injuries to report, and we'll continue to monitor the situation out of springfield, ohio, today.

reaction reaction saying so long to a legend in college sports. pat summit, the winningest basketball coach in ncaa history, set to step down from her post as head coach of the tennessee lady volunteers after 38 years on the job, jenna. jenna: wow. rick: 38 years she was the coach. that news conference where she will announce her retirement coming at 1:30 p.m. eastern time. last summer she announced she had been diagnosed with early onset dementia, she's 59 years old, so a very young woman. we wish her all the very best, she's going to move into an advisory role, but a true pioneer in college sports. jenna: i used to watch her team play all the time. i loved watching her coach, and there's no one quite like her, so we wish her well. rick: congratulations on a job well done. thanks for joining us, everybody. jenna: "america live" starts right now. megyn: fox news alert, a crucial meetin a