hundreds of thousands of us could lose service unless we take very important steps. we'll tell you how to stay online. >> if bounty gate wasn't enough, now another scandal could put the new orleans saints if hot water with the nfl. maybe even the state or the feds. we'll tell but it "happening now." jenna: good tuesday. it is primary day for several states on the east coast. i'm jenna lee. jon: i'm jon scott. voters going to the polls in row island, pennsylvania delaware. mitt romney expected to make a clean sweep on the republican side. taking a look at the latest delegate count, romney is far out in front with 698. he is closing in on 1144 delegates needed to clinch the nomination. although he suspended his campaign, rick santorum is

in second place with 260. newt gingrich in third with 137. ron paul trailing with 75. so what does mitt romney need to do to shore up the base and perhaps seal the deal? with us now, former senior advisor and deputy chief of staff to president george w. bush, karl rove. he is also at fox news contributor. so is this mitt romney's day? >> could be. there are 209 delegates up tonight. my suspicion he takes virtually everyone of them. the only interesting state on its own is going to be delaware where newt gingrich is basically camped out in the state and has said he is likely to reconsider his situation if he loses the state. but romney is likely to go from nearly 700 delegates to perhaps close to or above 900 delegates as of tonight. jon: bill kristol, the editor of "the weekly standard" and not normally at least not to this point a mitt romney fan has said that romney essentially needs to be presidential. that over the next six months, to convince some

number of swing voters he can and should be the next president. the easy way to do this is by behaving like a president. more like a leader than a campaigner. let obama be shrill. let his campaign be petty. meanwhile romney can lay out his governing agenda to restore our solvency, put us on a path to prosperity, end to our security and safeguard our liberty. that is bill kristol's advice . what do you think of that advice, karl? >> there is lot of wisdom in bill's editorial in the "weekly standard." one of the most important thinks he said in the second to last paragraph, look the partisans need to keep in mind who the swing voters are in this election. by and large people that voted for president obama last time around or maybe stayed home but wished the president well and the tone that romney adopts is going to be absolutely vital. i think there's, i think that's right. i think bill is absolutely spot on saying mitt romney needs to put the emphasis on acting presidential. i would have some small

disagreement. it may not even be a disagreement. i do think governor romney needs to use president obama's words, actions and standards to indict president obama's record. he can't make this all about his own program. he has to put it in a context and that context is, president obama has come up short on the big issues. jon: kristol suggests that you run, that romney run for president and not run against obama. you think there has to be some anti-obama action in there on behalf of mitt romney? >> well i would say, rather than anti-, i would say contrast. you need to describe what the problems are. we have big problems. a deficit is exploding. president obama made that worse. we have a weak recovery, weakest since world war ii. the president obama's actions either not affected that perhaps in some instances perhaps even hurt it. there has to be context established. language is vital. bill is absolutely right on this the bill is absolutely right, the emphasis needs to be what romney will do for the country.

he needs to reassure people he is up for the job by acting presidential. jon: what about ann romney? people suggest in effect she is a secret weapon and powerful campaigner on his behalf? what do you think about using her in the campaign and what could she do? >> spouses serve a very valuable role. michelle obama for example, in 2008, did a very effective job as she focused on military families in particular and put her in a place where she was comfortable with a group up for grabs in battle ground states like north carolina and it helped. there has to be a similar level to find ann romney's comfort zone. as we saw in the flap over hillary rosen's comments, ann romney can be very effective advocate and surrogate for her husband. people look in presidential candidates in two contexts. one as a potential leader. they also look into context of what is this person's

character like. family speaks a lot to that. their marriage, their children, their life speak as lot to decisions people for grabs in presidential elections. people need to know more about ann romney and hear from ann romney to give a better picture of mitt romney his family and background and values are. jon: bill kristol thinks it can be a president romney after november. we're electing more than just a president. we're electing the house and senate. the top republican in the house john boehner had some words of caution on the possibility of republicans keeping the house. here is what he told our bill hemmer. >> i would say there is two in three chance we win control of the house again. but there's a one in three chance we could lose. i'm being myself, frank. we have a big challenge and we have got work to do. jon: what do you think about that, karl? could republican lose control of hoist of representatives? >> i'm a lot more sanguine than the speaker is. there have been 10

presidential elections since 1936. white house gained seats seven out of 10 times. you're not guaranteed to pick up seats. average gain is 12 seats. biggest gain in 1994 with 24 seats. republicans have a 25-seat margin. with all due respect to president obama, he is not franklin d. roosevelt. not november of 1944 with u.s. troops storming across europe and talk of them taking berlin by christmas. i think republicans will keep the house. they will keep it only if they have the mindset the speaker has, let's not take it for granted. we need to go all out for it. i'm glad the speaker raised that warning flag. i know personally he is focused on this a lot and making certain his members and party are doing everything they can to bring this majority back in. jon: karl rove, fox news contributor. karl, thank you. >> thanks, jon. jenna: some new information on the sex scandal being aring the secret service where agents stand accused of hooking up with prostitutes before the

president's trip to colombia. calls for a wider investigation to include the white house. this even after the white house conducted an internal review which it says cleared staffers of any wrongdoing. senator charles grassley says that that's not enough. he wants to know more. doug mckelway is live in washington with more on this doug, what precisely does grassley want to know? >> reporter: immediately after yesterday's white house press briefing grassley compose adler to the white house counsel which he poised 14 questions among them. how many hours were spent on weekend review? were civilian employees of white house communications agency also examined? how many white house advance staff had overnight guests? how many other white house staff had overnight guests? grassley apparently unsatisfied wit white house weekend review exonerated all white house staff at least described by what house press secretary jay carney. here is what carney had to say. >> that review was conducted

and it produced no indication of any misconduct. >> reporter: just within the hour, senator grassley was asked if he knew who from the white house was on the trip? >> i don't have that information yet and that's what needs to be made public. and we need to know whether or not there's other people involved that maybe we haven't even thought of and how far, outside of this small group of people this investigation entailed because i think it's very important that we have this information out because security of the president is of utmost importance. >> reporter: grassley says he wants the white house to hold up to the promises of being the most transparent administration in history. jenna. jenna: more on that as we get it. doug, on our show yesterday we shared breaking news with viewers that military personnel there in colombia and a part of this in some way or another had their security clearance revoked of the what is the latest with the military's investigation of the scandal? >> reporter: yeah there's a

new development this morning. pentagon just announced its investigators are back from colombia and proceeding with interviews of the 12 implicated military personnel in the united states. that 12th enlisted man a target of the investigation apparently worked after the white house communications agency which white house taken great pains to point out is part of the military and is not a part of the white house. jenna? jenna: duly noted. we'll continue to watch this story, doug, thank you. >> reporter: okay. jon: the fight over illegal immigration heating up on capitol hill. take a look at the senate judiciary subcommittee, holding a hearing. there is senator shuck schumer of new york. it is about arizona's controversial immigration law which requires police to check immigration status they suspect anyone in the u.s. illegally. the real showdown coming in the supreme court which hearings arguments on the sail law tomorrow. chief washington correspondent james rosen live in our d.c. bureau with more on that.

>> reporter: good afternoon. senator schumer. new york democrat who shares the subcommittee and running today's hearing announced moments ago if supreme court upholds arizona's controversial immigration law he will introduce legislation to render it unconstitutional. this is the dirksen office building it is being held on eve of all arguments at the supreme court on sb 1070. this 2-year-old arizona law among other things requires state police to investigate a person's immigration status if the officers suspect that person to be in the u.s. illegally and immigrants carry their documents on them at all times. arizona governor jan brewer who signed sb 1070 into the law who tangled with the obama administration over it. why she declined to be a witness at this hearing. >> i believe that it is a political move because they are courting the latino vote but i think that when you

look at statistics, 65% of the american people agree with senate bill 1070. they believe in the rule of law and what is taking place today at the senate of course is their privilege but i believe the timing is of pure evidence that it is political stunt, a political theater. >> reporter: senate democrats contend the arizona law is itself illegal because it usurps what they say is explicitly federal authority, the defense of the nation's borders. >> immigration is not is not and never has been an area where states are able to exercise independent authority. this makes sense. both legally as a matter of constitutional interpretation and practically as a matter of sound public policy. >> reporter: witnesses today include the author of the law, former arizona state senate president russell peers, a republican and author of a measure to repeal it, democratic

senator state senator, steve gallardo. weak economy led to decrease of illegal immigration from mexico. the obama administration deported estimated 800,000 people. john, jenna, james rosen in washington. thank you. jenna: former aide on the stand today on in the john edwards trial. the former presidential candidate accused of using campaign money to cover up an affair. we have that ahead. jon: the new york saints facing new trouble. bombshell details and possible legal fallout for the organization after the so-called bounty-gate scandal. plus? jenna: a terrifying series of explosions in california. what caused this? and how are those firefighters doing today? we have all that straight ahead. ♪ [ male announcer ] if you want a luxury car with a standard power moon roof,

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jenna: "happening now", more dramatic testimony in the john edwards trial today. the former presidential candidate facing up to 30 years behind bars, accused of using nearly a million dollars in campaign cash to cover up an affair with his pregnant mistress. retaking the stand today is andrew young. he is former aide aide who once lied for edwards claiming the child has his own or so his story. jonathan serrie is live outside the u.s. district court in greensboro, north carolina. jonathan, how important is it to the case, andrew young's testimony today? >> reporter: andrew young is the prosecution's key witness. he is testifying that john edwards knew about the nearly million dollars in donations intended to hide his pregnant mistress during his 2008 bid for president but edwards' lawyers claim

young used much of that money to build his own upscale home in chapel hill. this is the guy who initially claimed he was the father of edwards' illegitimate child. young represents both advantages and liabilities for the prosecution. >> they're taking a bit of a risk by putting their key witness on the stand first and, by that, i mean if in cross-examination they're able to destroy his credibility it will be very difficult for the government to recover. >> reporter: yesterday the judge revealed that young had contacted several other witnesses in this trial just in recent days to inquire about how they planned to testify. so while he is a crucial witness to the prosecution he also brings a lot of baggage to the table, jenna. jenna: a lot of drama right out of the gates as we start this very important case, jonathan. what is the makeup of the jury? >> reporter: it is a mixture of nine men and seven women,

representing really all walks of life. just reading down the list, there is a financial consultant, a corporate vp, a nonprofit ceo. a pastor, a wine-maker, some mechanics. all sorts of occupations represented on this jury panel. we also looked at the questionnaire, the questionnaire acknowledges that because of all the pretrial publicity that most jurors would have heard or read about the case. so really the questions were intent on just making sure that potential jurors had not already made up their mind about john edwards' guilt or innocence. also the questions concerned whether the jurors had read any of books about the john edwards' case and also books written by any of the principle players, especially elizabeth edwards, the late wife of the former presidential candidate and andrew young that goes into day two of his testimony, jenna. jenna: a lot to consider here, jonathan. jonathan serrie in

north carolina today. >> reporter: certainly. jon: for some folks going without the internet is like going without oxygen. it is just about that bad. that is exactly what would happen to hundreds of thousands of users this summer. concerns about what could happen and who might be affected by a big blackout of the web. we'll tell you about that. plus a stark new warning about social security and medicare. why funds for the giant entitlement programs are drying up even faster than predicted. hey, did you ever finish last month's invoices?

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jenna: big story to tell you about. in a new warning from the fbi. an internet blackout may be coming. agents saying 350,000 americans could lose

internet access on july 9th, due to some lingering effects of a online scam. how do you know if you will be affected? how concerned should be concerned about this? general dale rose. president of the rose group. chief information officer for the u.s. intelligent community and retired from the us air force. got a title, general. i got through it all. great to have you. >> thanks, jenna. good to see you again. jenna: how so how big of a deal is this? >> this is something to be concerned about. the fbi shut down an a operation of an international ring in about november last year and in order to prevent disruption of service to folks, they ran those servers for a period of time to allow people to correct their computers and get back on to legitimate sites. jenna: so how was someone know if they have been affected? >> you have to watch for changes. if something unusual happens, something that you're not used to seeing either on your website or places that you go, you know not to do it. most people get, are

subjected to these kinds of things because they open an e-mail or they visit an unwarranted site. jenna: so, suddenly your computer might have this virus and question becomes, you know, how to get rid of it. there is a website that has been suggested in a few write-ups i see. dcwg.org. we'll try to get that up on our screen for our viewers and on our website. you can go to this website and it can tell you if your computer is affected. viewers told me they're concerned about going to this website because they don't want anybody accessing their computer. you can understand their concern. >> in fact it does not necessarily access your computer. what it does it does a scan. and your computers get scanned all the time. your internet service provider is required to scan for certain types of vulnerabilities and malware and such. and so the mere fact that you're connected to the internet, this is not anything different and you can indeed trust this website. jenna: better to be

proactive than not? >> absolutely. jenna: is this a larger picture here, some suggest a third of our computers out there are susceptible one way or another to hackers, to viruses and, you know, what would the effect be? let's say 350,000 computers lose access to the internet on july 9th, a virtual arbitrary date. what would really be the effect of that? >> well the effect is, some people would have a vacation from the internet. but, and if it affects you it's, really a big problem. and so folks would have to go to some place to get their computer cleaned. which is not a big deal but it is a hassle. it takes time and in fact, if your business depends upon your connection to the internet, it could have an impact on you. jenna: like ours and does it suggest bigger problems to come? >> well, i think this is something that those of us who didn't necessarily grow up digital have to learn to live with and adapt.

the internet has very positive aspects to it. it allows us to create lots of intellectual property, create wealth, conduct commerce, do entertainment and socially connect. jenna: all right. >> by the same token there are all kinds of things that you have to be careful of. jenna: it's a whole new world. we keep on hearing that and apparently it is with a story like this. dcwg.org is where our viewers can go. general meyersrose, thank you very much for being with being with us. >> could the balance of power shift in congress in election 201? house speaker john boehner weighs in. >> we have a real challenge. we have 50 of our members in tough races. 89 freshmen running for their first re-election. >> that is a lot. >> and we have 32 districts that are in states where there is no presidential campaign going to be run, no big senate race. jon: much more of the speaker's, exclusive interview with fox in a live report from capitol hill. plus another big scandal

looming in the nfl. what the general manager of the new orleans saints is now accused doing to rival coaches. our legal panel tackles this controversy next. [ kyle ] my bad. [ roger ] tell me you have good insurance. yup, i've got... [ kyle with voice of dennis ] ...allstate. really? i was afraid you'd have some cut-rate policy. [ kyle ] nope, i've got... [ kyle with voice of dennis ] ...the allstate value plan. it's their most affordable car insurance -- and you still get an allstate agent.

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jon: we have some brand new stories coming up next hour. some new details in the search for this 6-year-old girl. she mysteriously vanished from her own home.

what police in tucson are saying about an open window. and new details in the death of a senior al qaeda leader in yemen. what it means for our security here at home in a live report. plus, new clues about the source of an old problem. the origins of brain freeze. that painful headache you get from eating something cold like ice cream and what it could mean for migraine sufferers. a fox medical a-teamer weighs in on this new study ahead. jenna: mystery finally solved. jon: we hope. jenna: but first this. there's a lot more at stake in november than just control of the white house. every seat in the house of representatives is also up for grabs. and right now, republicans hold the majority there with 242 seats. the democrats have 192. house speaker john boehner is concerned the balance of power could shift. he talked to fox exclusively and our chief congressional correspondent mike emanuel is live on capitol hill with more on this mike, boehner talks a little bit, talking with bill hemmer about this.

talking about freshmen running for re-election and federal budget being an issue. give us a quick round of headlines from that conversation. >> reporter: jenna, he noted there will be 50 tough races in the house. 89 freshmen up for re-election for the very first time. a lot of experts will point out that the house of representatives horse been the most volatile if you will over the past few election cycles. so here's the speaker essentially making the case that do not take the republican majority in the house for granted on the issue of the budget, a lot has been made about that. congressman paul ryan put out a budget for the house republicans. it has taken a lot of fire from the democrats. republicans have fired at the democrats in saying why haven't you gone forward with your own budget? here's the speaker on the budget issue. >> well the democrats will try to make that, our budget an issue. but the facts are pretty clear. we have debt that's out of control. the president didn't deal with it in his budget.

that's why when it came to the floor of the house the president's budget got zero votes. >> reporter: and so with speaker boehner telling bill hemmer in that interview the democrats have a one in three chance taking back the house of representatives. debbie wasserman schultz head of national democratic committee jumped on that saying that is entirely reasonable. jenna: a lot of points to cover in the conversation, mike. let's talk about strategy, how much of this, what john boehner has to say about concerns about re-election how much of this might be concerns that republicans are going to put financial resources elsewhere when it comes to this fall's election? >> reporter: there is no question that is part of the calculation. you look at the big ticket item if you will this fall which of course is the presidential race. there are a lot of republican donors who will be giving money to mitt romney's campaign and focused on winning the white house. there will also be people interested in taking back control the united states senate. and so bottom line speaker

boehner is saying hey, don't forget about the house of representatives. a lot of his members will have difficult races in terms of re-election this fall. and so signaling a warning shot if you will also to his members to do everything possible to make sure that they win re-election. jenna? jenna: there is only so much money out there as we're reminded of on a daily basis. mike emanuel for us in d.c.. >> reporter: thank you, jenna, there are new reports involving the new orleans saints and these are a bombshell. the reports of eavesdropping inside the superdome. according to the reports a federal prosecutors were just alerted on friday of allegations that this man, saints general manager, mickey loomis, secretly was able to listen to rival coaches between 2002 and 2004. this of course of course comes on the heels of the bounty gate scandal which saints players were allegedly injured paid for

injuring players. sean peyton and gregg williams currently suspended in their involvement that that. what might this new scandal mean for the saints organization? let's bring in our legal panel. fox news legal analyst, lis wiehl and former prosecutor, jason friedman. jason the allegation, and apparently the federal authorities were just notified about this on friday, the allegation is that loomis had his luxury box in the stadium secretly rewired so that he would be able to listen to the opposing coaches during the game. if that's true, what kinds of penalties are we possibly looking at here? >> we're talking about both criminal penalties and civil penalties. it is amazing what's happening to the new orleans saints. they were literally the darlings of america following katrina. then they win the super bowl a few years ago. all of sudden hit the other direction with "bountygate", and these serious allegations. more to your point, there is

a federal statute called the electronic communications privacy act and forbids eavesdropping use of any type of electronic or mechanical device. it is a criminal statute. there are certainly penalties facing them if it comes within the statute of limitations in that respect. you also have possible civil liability if it can be shown that other teams coaches or anyone else for that matter involved would detrimentally affected by mr. loomis's actions. jon: two things, lis. we should point out there is no evidence that he actually accessed this eavesdropping, you know, box. >> right. jon: also, that the statute of limitations is in question. and the saints vice president of communications says this report is 1,000% false. >> right. jon: all that being said, what do you think about these charges? >> well jason has got the law exactly right, absolutely right, except for here, if i'm the prosecutor i'm very suspicious. meanwhile these anonymous

sources, come by year after it happened, no, jon, 10 years happened. anonymous. they will still not be named? that is a big problem. we don't know loomis if it existed at all, we don't know if it existed he ever used it. don't forget the anonymous sources said it was put in there for coach mueller, loomis's predecessor. we don't know loomis even knew it existed and or even accessed that is big problem. touched on very nicely a big, big problem for prosecution. there is five-year statute of limitation the everyone included anonymous sources agreed the latest, the latest loomis would have access to the device, 2004, 2005. statute of limitations there will be no criminal charge here. jon: the previous general manager, loomis, apparently had a device to listen to his own team. the allegation here that loom mishad it switched over to listen it the opposing

team from 2002 to 2005. >> nobody, that is on the record is coming forward to say, yeah these allegations are right. all we have are unnamed anonymous sources that are coming out 10 years later. if i'm the prosecutor looking at this case and they have to look at all the facts i'm thinking, i don't understand that. what is the backstory there? what is the motivation for these people coming forward? what are they going to get out of this? and why can't i find anyone willing to go on the record yeah, that happened. i heard it. i saw it. i could see him listening to it. i could see him talking to coaches and players afterwards. we don't have any of that, jon. jon: jason, a former federal prosecutor expressing her doubts or a least doubt as federal prosecutor might have in this case. what about the statute of limitations? if it is five years, isn't it case closed? >> definitely a real problem and it may be case closed but in this particular case you're talking about a multibillion-dollar industry in the nfl. really part of the fabric of america these days. and i think the prosecutor

will have to give a good, hard, look, ultimately the statute of limitations might have expired. but i think the key here is to send a message that the prosecutors, nfl, we as a society will not tolerate anything that is going to infringe upon the sanctity of the sport. >> agreed except that whether you're a millionaire or pauper doesn't matter the statute of limitations is there for a purpose. doesn't matter what you have or what you don't have. if the statute of limitations has run, that's it. case over. as much, even all the evidence in the world i couldn't bring it. >> there is one little wrinkle there. that is, if this indeed happened and there was a conspiracy to cover it up. >> got to find that. >> conceivably there could be a separate charge for conspiracy. >> no evidence of that. jon: any nfl fan's team who was beaten by the saints between 2002 and 2005 will say, now i know why. we'll see what develops on this. lis wiehl and jason thank you. jenna: alarming new report is raising questions about the future of

social security. the federal government now says social security reserves will run out three years earlier than projected and medicare is also in big trouble according to this report. what happens now? joining us live, fox business's network david asman. that is a big question, david. >> it is. jenna: what does this mean will exhaust the reserves by 2033. >> we're always hearing these stories how social security is running out of money but decades in the future. we're finding out according to the trustees. these are people that pick over social security reserves like nobody else does. they say only four years one of the trust funds of social security will run out of money. there are two trust funds. there is the retirement trust fund we all know about. i say trust fund in quotes because not many people trust it will be there. then there is the disability trust fund that. is the one they say will run out in four years. by 2016. it is extraordinary that is such a short time from now. jenna: david, does that mean simply no more money?

>> no more money. that means what they will have to do is cut benefits dramatically for both trust fund, both for disability and for retirement accounts by 25% if they run out of money. now why you might ask are they running out of money? one is increase, tremendous increase in government spending over the past four or five years. and two, because of the slow economy. the huge expansion of disability payments is just extraordinary. in the past 10 years we've had a 116% increase in the number of people picking up disability payments. that adds up to about $130 billion a year. and the economy's bad which means that fewer people are employed and paying their payroll taxes which pays out to social security. so the we've got two problems. we're paying out more and we're taking in less. that's why we're in the bind we're in. jenna: what do we do about that? >> that's a good question. paul ryan came up with an answer. paul ryan had a very extensive plan to deal with

social security and medicare which is the past problem as well and he was raked over the coals to having suggested we are running out of money which now even the trustees is admit is true. he was found right on that. anybody who broaches the subject particularly in a political year is killed. we saw what president obama said about the ryan plan. he said it was heartless. it was anti-deaf louvrian. it was social darwinism. so republicans backed off paul ryan. they didn't endorse him although they're fellow republicans. mitt romney says we have to lengthen the time in which we're working. that is delay retirement until lord knows when. maybe until you're 70 years old. he says maybe there should be means testing so rich people don't get as much from social security as middle class and poor people. we'll see how that goes down. it is an election year. jenna: election year makes it tougher. >> it does deadline is coming. >> very soon. only four years away. jenna: david, thank you.

>> you're welcome. jon: joran van der sloot is already in a peruvian prison. but the prime suspect in the disappearance of natalie holloway could be extradited to the united states. more on that straight ahead. fight over arizona's immigration law pits the state against the federal government. when it comes to the power to enforce immigration laws. judge andrew napolitano is here of the his take right off the break. [ male announcer ] this is corporate caterers, miami, florida.

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jon: here's a weird one just into the fox newsroom. a crashed police car but it wasn't the officer behind the wheel. this is happening in dallas, texas. this video just in. apparently a suspect ran out of the county courthouse there, the magistrate courthouse in dallas. so police started chasing him on foot. at one point the officer jumps out of his patrol car

to chase the guy. the guy, jumps into the patrol car somehow. takes the wheel. gets just a few blocks. runs three red lights and then at 7th and calhoun he hits the tree. we believe that that suspect is now in custody. the car not in good shape but the chase is over. the stolen police car up against the tree. we'll keep you updated. jenna: i'm watching judge's reaction to that story, jon, as you tell it. shaking your head in disapproval. >> putting back to old days, somebody running out of my courtroom and stealing a police car. jenna: the judge is here on unrelated story. the supreme court is set to hear arguments tomorrow on arizona's controversial immigration law. that requires police to check the immigration status of anyone they suspect is in the country illegally if that person is stopped for any reason. the court must decide if the state law oversteps federal power or if the state can

enforce its own version of immigration policy. judge napolitano is here. fox news senior judicial analyst. there is a little asterisk with that part of the state's case, judge. the state is arguing they want to enforce their own version of immigration policy because they believe the federal government is not doing its job. >> yes. jenna: how important is that asterisk to this case? >> the court has never reviewed that. this is really the heart of arizona's argument and this is arizona's conundrum. the conundrum is, you, the federal government, are forcing us to make entitlements available to people who are here illegally. the federal government makes us spend this money and supreme court says that the federal government has the authority to make us spend this money. health, safety, wealth fair, morality and education. arizona has to spend that money on people lawfully in arizona and unlawfully in arizona. therefore, you, federal government, should enforce the border. you should enforce the federal laws so that illegals aren't here. if you don't do it, we'll do it for you. jenna: do they have a point?

>> that in a nutshell is arizona's argument. they have a political point. i think it is true that the federal government is not enforcing the statute. jenna: not a legal point? >> that is where the supreme court will get involved because in order for arizona to enforce its own version of an immigration law, it will be taking some jurisdiction away from, stepping in the place of the federal government. how do we know that? because the supreme court has consistently ruled that regulation of immigration is part of america's foreign policy. and that's why the states delegated this authority away to the federal government so that america could speak with one voice on immigration and foreign policy. jenna: i only have a minute here but let's say the supreme court rules in favor of the federal government. it follows what you're saying is the past precedent. >> right. jenna: can the supreme court send a message in some way to the federal government even if they rule on federal government's behalf to tighten up immigration policy or issue a new mandate based on arizona's argument? >> two points the supreme

court is unlikely to tell the federal government, tell the executive branch to what laws to enforce and what laws not to enforce. the relationship between this executive branch and this supreme court, one is unlikely to pay much attention to the other. jenna: what is the ruling? >> watch the ruling. jenna: and watch the wording. >> there you go. nicely put, counselor. jenna: appreciate it, judge. thank you. we'll be back with more "happening now." certified advis expand our palette... ...and prices that give us more spring per dollar... ...we can mix the right soil with the right ideas. ...and bring even more color to any garden. more saving. more doing. that's the power of the home depot. it's grow time. get one-quart perennials, four for just $10.

jon: "happening now", police make an arrest in an deadly armored car theft the suspect made off with two million bucks. julie banderas following the story from the newsroom. >> reporter: jon we were all over the story when it originally broke two months ago in pittsburgh, pennsylvania. police made the arrest in florida. the suspect in country.

22-year-old kenneth canias, jr.. seen here. he was stole more than two million dollars of an armored car he was paid to protect. he killed his partner. he was wanted in killing of former guard michael haines which he allegedly shot before leaving with the money. the two men were guarding the armored car before it went down. according to local reports he was busted after talking about the heist to people in the house he was staying in florida and someone called the police luckily. jon: thank you, julie. jenna: scary moments for firefighters in california. check this out. a series of electrical explosions causing both firefighters and police, well, to jump back there. one captain was sent flying into the bushes.

he was pulled to safety by other men. quite some scary moments. the captain sustained minor facial burns as well. another firefighter was also treated for minor injuries. meantime the cause of the blast is still under investigation. jon: that is weird. looks like underground electrical lines. jenna: very bizarre. jon: strange stuff. the heart attack grill in las vegas might be living up to its name. once again another patron hospitalized after collapsing inside that hospital-themed restaurant. the woman, in her 40s was eating drinking alcohol and smoking at the time. so it is not exactly clear whether her medical problem was related to food but it isn't the first time that real life paramedics have been needed at the heart attack grill. you might remember there was another customer who suffered a heart attack while eating a triple bypass burger. jenna: free to choose. free to eat what you want. jon: great country. jenna: that's right. and you can smoke and drink and eat one of those burgers all at the same time. jon: yeah. just don't smoke in a restaurant.

jenna: we'll get a medical a timer on that one for you. we have a one coming up next hour on unrelated topic. jon: steroid scandal with roger clemens is still developing. we have new developments todays a the first witness takes the stand in the baseball legend's second trial. we'll be live at the courthouse with that. jon: a multimillion-dollar plan for an asteroid. what folks including the director of "titanic", james cameron, want to do with those space rocks and bring it back to earth. we're live with details. [ kyle ] my bad.

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jenna: hi, everybody, brand new stories and breaking news all coming up this hour of "happening now," starting with this one. lawmakers in washington taking on the very serious threat of a cyber attack at the hands of terrorists. coming up, we're going to talk to one congressman who's calling for immediate action to protect us. and will joran van der sloot finally face a judge in the disappearance of natalie

holloway? why he may be headed to the united states. plus, it's mind-numbing, literally, and painful at that, and now scientists say they've unlocked the mystery behind the brain freeze. hour two of "happening now" starts right now. jenna: a lot of big topics, a lot of important stories, but we're going to start off with this one, a federal spending scandal a secret service prostitution scandal and right in the middle of the election season. we've already said the word scandal enough months ago. jon: enough for these two hours. jenna: we have months and months to go until the election. welcome, everybody, i'm jenna lee. jon: i'm jon scott. the secret service and gsa joining fast and furious and solyndra. accountability and control could become key issues as president obama tries to earn a second term. let's talk about it with byron

york, a fox news contributor. you know, i can't think of two agencies that potentially could be more damaging. you've got the general services administration which is responsible for so much management of federal property, and then you have the secret service responsible for the protection of the president as well as, you know, tracking down counterfeiters, that sort of thing. for these two agencies to be involved in scandals, that's got to hurt this administration. >> well, it does. first of all, the gsa is hurting right now because as you remember in the campaign, president obama promised to go through the federal budget line by line, item by item and find any spending that doesn't need to be occurring, and here you have all this wasteful spending going on, you know, government workers partying down in vegas on the taxpayer dollar, so that's doing damage right now. as far as the secret service is concerned, not sure where that's going. we know that investigators on capitol hill believe that you would not have had the extent of

the activity that you saw in colombia if it was a first-time thing. they believe that something like this has been going on in the past. so what we find out in the investigation is going to be very, very important. the secret service is a well-respected, nonpartisan institution, but you're right, if there continue to be damaging revelations in the secret service scandal and you have gsa and you have fast and furious with the justice department, i think you'll see republicans begin to try to tie those together into a theme of president obama not really being in control of the government. jon: harry truman famously had his buck stops here sign on his desk. can this president deflect any of the damage and say i'm not responsible? >> well, he can deflect personal responsibility in the sense that he wasn't partying down with the guys in colombia or las vegas, but as far as accountability is concerned about the guy who's in charge, the president's

appointees are running these organizations, i think it'll be hard for him to escape that. and you have to remember mitt romney, one of his main appeals is going to be i am a solid businessman, i know how to run big organizations, the buck stops here, i believe in accountability. he'll use all of those themes against president obama if these scandals continue to heighten. jon: but there are a couple of congressional investigations at least in the offing on this, some of them already getting underway. sometimes these congressional investigations can seem more like political attacks. how do we prevent or how do we know that that's not what is about to take place? >> well, i'm not sure there is -- politics isn't part of it. obviously, both of these things cry out for actual oversight investigations. they are legitimate areas of oversight, the gsa, i mean, is there anybody who's in favor of what went on at the gsa? so your going to see -- you're

going to see congress involved with it. the republicans control one house of congress, the house of representatives, they can issue subpoenas, do investigations, and i'm sure at some point some democrat will say they're politically motivated. jon: so is this what we get from, you know, just overall big government when you don't have somebody really watching the bottom line here? >> well, with the gsa, i mean, look, wasteful spending is legendary across the country, you know, extremely expensive wrenches or toilets or money being thrown away on parties or lavish, you know, events. so this is something that fits into something, i guess, a mind item set that taxpayers have. and certainly a lot of voters are going to look at this and say, man, nothing has changed, this is terrible. perhaps president obama hasn't fixed the things he said he was going to fix. unclear whether this ises still going to be an issue in november, but if it is, look for republicans to tie it together

into president obama isn't up to the job kind of theme. jon: all right. byron york from the washington examiner. byron, thanks. >> thank you, jon. jenna: well, some new details on the death of a senior al-qaeda commander with links to a 2002 terror attack. he received training in afghanistan under the supervision, i should say, of usama bin laden, he was also on yemen's most wanted list, so there's a couple key facts. katherine herrage has more live from washington. catherine? >> reporter: thank you, and good morning. he was the fourth most-wanted terrorist in the yemen. he was old guard al-qaeda who had trained in usama bin laden's camps in afghanistan before 9/11. these operatives who had direct links to bin laden are considered the core leadership that is actively targeting the u.s. right now we're working to confirm a photo who handled logistics for yemen.

he was caught over the weekend in the same area where the american cleric was killed on september 30th. he was implicated for this attack on the lindbergh that was struck by al-qaeda in october of 2002 off the coast of yemen. nearly two years to the day that the uss cole was struck by a suicide bomber in the same region. in this attack, one crew member was killed and another 12 injured. as fox was first to report earlier this month, u.s. officials confirm that al-qaeda in yemen is stronger and more of a threat to the u.s. today than it was six months ago. despite the death of this man, anwar al-awlaki, the first american on the cia's kill or capture list. and according to data, the obama administration has launched more covert strikes in yemen in the first four months of this year than in all of last year, and the fbi director recently testified that the threat remains. >> the removal of bin laden and awlaki was a huge benefit to the security of the united states. my brothers and sisters and the

other agencies. by the same token, there are still leaders in both yemen and afghanistan, pakistan border area that have the capability of launching attacks domestically. >> reporter: while the death of this operative is significant, u.s. officials tell fox the top target remains the saudi bomb maker in yemen including the underwear bomb that nearly brought down flight 253 on christmas day in 2009. jenna: an interesting headline that you just shared with us, catherine, yemen is more dangerous today than six months ago. >> reporter: that's right. jenna: catherine, thank you very much. >> reporter: you're welcome. jon: she has been missing for days. 6-year-old isabelle seles vanishes from her bedroom in the middle of the night. now a promise from her family. plus, a hearing today on securing uncle sam's computer network, and our next guest says the time to act is now or else. [ male announcer ] if you think tylenol

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jon: right now, some new info on some crime stories we're keeping an eye on. police in tucson, arizona, following up on leads in the possible kidnapping of 6-year-old isabelle sheless. investigators are talking to sex offenders in the area and searching a landfill. they say a window in the family home was found open with the screen pushed aside. the girl was last seen in her bedroom friday night. prosecutors in illinois are expected to present evidence at the murder trial of jennifer hudson's former brother-in-law. the singer broke down while testifying about her family members who were killed. john edwards' former aide, andrew young, testifying in the trial of the former presidential candidate. edwards is accused of using nearly a million dollars of campaign funds to hide his pregnant mistress. jenna: a big story today on capitol hill, cybersecurity is a rising concern as hackers target our nation's critical networks. a homeland security subcommittee today is looking at cyber attack

threats and ways to reduce the risk. texas congressman michael mccall is chairman of the oversight investigations and management subcommittee that's having this hearing this afternoon. congressman mccall, nice to have you with us. >> thanks, jenna. thanks for having me. jenna: so you're talking about setting standards for federal computer networks, like networks used by the cia, nasa, the department of defense. how vulnerable are these networks right now? >> they're under attack every day. we have 100,000 hits per week on the cia's web site, probably a million hits in the house of representatives. every federal agency's been hacked into, and enormous amounts of data have been stolen primarily by the chinese. and we're talking about military secrets, the f-35 joint strike airplane, blue prints were stolen. this poses a serious net to our national security, and we need to harden these federal networks. imagine if agents of a foreign power were caught in the pentagon stealing paper files,

yet in the virtual world that's what happens every day. jenna: every single day? so what's in the place right now, and what more do we need to do? >> well, i'm holding a hearing today to illustrate the threat. i think the cyber, you know, cyber theft of intellectual property, a trillion dollars have been stolen from the united states. difficult to be competitive when they're stealing that amount of intellectual property. the espionage is really over the top. from china. and finally, the cyber warfare piece is the piece that keeps me up at night the most in terms of the idea that they could bring down power grids, financial institutions, really wreak havoc in the united states to bring america to its knees. and so we have a historic legislation on the floor the week to deal with the issue of hardening the federal networks, information sharing between the federal government and the private sector on these what they call signature threats to better protect both the federal government, but also the private

sector which controls about 90% of that critical infrastructure out there. jenna: well, definitely a lot of concerns. you mentioned the $2 trillion of intellectual property that is estimated to be stolen, i was looking at your web site, and you have our $15 trillion debt clock up and ticking as we speak right now. so this is a time of austerity. how do we prioritize and how much money do you really need, if at all, to update some of these systems and make sure that the federal government in particular, those systems, are secure? >> i think the good news is most of these bills will be working within the existing budgets in an intense partisan environment. these bills are actually very bipartisan, so i think they're going to sail through the congress this week, and that's the good news. i think the information-sharing piece is really just using a pilot study that nsa worked on and use that to work with the private sector to better protect, again, these critical infrastructures. we're talking about energy, financial institutions, power grids, all these sort of things.

anything connected to the internet is subject to be brought down, and i can't emphasize that enough. this is an issue that has been long overlooked. when i talked to the director of nsa, i asked him when he expected or was it possible we could have a cyber pearl harbor. his response was the answer is not if, but when. jenna: right. and the secretary of defense had that to say as well, he echoed that. but how much money will you need to do what you want to do? >> again, i think a lot of this we can work within existing budgets -- jenna: i see, okay. >> and i think it's just getting the relevant stakeholders together with the federal government to make sure they know about these cyber threats that are out there and how better to protect themselves. jenna: the information sharing is something else our viewers are very concerned about as far as private property and making sure their data is protected as well. there's also that piece, and we'd love to have you back, congressman, to talk more about that side, but this is a great introduction to your work, and we look forward to having you back. thank you very much. >> thanks, jenna. thanks for having me.

jon: phi states -- five states are holding presidential primaries today, mitt romney is pushing to win more delegates and try to come closer to locking up the republican nomination. he's hoping for a clean sweep, especially in the swing state of pennsylvania where his former opponent, rick santorum, holds strong. meanwhile, pennsylvania is using the primary today as a dry run for the general election. molly line live in philadelphia with an update for us. molly? >> reporter: hi, jon. you started off mentioning the former senator from here, rick santorum, who has pulled out of the race, but his name remains on the ballot, so that could still have an impact in pennsylvania. right now the front runner, the form massachusetts governor mitt romney, need only win over the texas congressman ron paul and the former speaker of the house, newt gingrich, but both of them are actually native sons of pennsylvania. ron paul is from greentree, pennsylvania, and gingrich growing up outside of harrisburg, pennsylvania, so

there is that element to contend with as well. the romney campaign when it comes to victory here, according to the experts we've spoken with, it's not so much about winning the contest, but perhaps a little more like winning by how much, is there momentum to help him win here in pennsylvania as things inch a little closer to november? in general, pennsylvania hasn't been really kind to the republican hopefuls for the white house. just recently president obama defeated senator mccain 55% to 44%. we did have a chance to speak with voters here in pennsylvania, we hit gino's classic steak place, and we also had a chance to talk a little bit of politics with the face there. take a listen. >> romney's pulling in a lot of delegates from everywhere, so i think, i think we're going -- i think the republican are going to pull it out. >> i think obama's going to win by a landslide. >> reporter: nationally here in pennsylvania? >> i think both here in pennsylvania and nationally. >> reporter: and the romney

campaign is hoping as far as gop turnout is concerned they'll get at least 20%. that would be keeping with the norm they've seen in similar contests in the past, so that would be a good number to pull here in pennsylvania as far as the gop is concerned. polling places today also a little extra busy because there's a test run going on as far as the state's voter id law is concerned. numerous states all over the country, several dozen that require that voters show an id of some sort, in some cases it's a picture id, that will be the requirement here in november, and there's, essentially, the ballot folks are asking people to show their id and reminding them that on november 6th they're going to need that driver's license or other photo id to cast their ballot, so it keeps things a little more interesting here in philadelphia and across the state today. jon, back to you. jon: well, it's a big state, but at least there in philly it looks like the weather is beautiful, huh? >> reporter: a little windy, but not bad at all. jon: no excuse not to get out and vote. molly line, thank you.

jenna: he's already serving time for murder in south america, but peru may be about to send joran van der sloot to the united states, why and what he's potentially facing here on american soil. plus, a retrial for the rocket. what's happening in court right now as roger clemens moves into extra innings? [ wind howling ] [ technician ] are you busy? management jt sent over these new technical manuals. they need you to translate them into portuguese. by tomorrow. [ male announcer ] ducati knows it's better for xerox

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jon: joran van der sloot is one step closer to getting extradited to the united states where he faces charges allegedly for extorting money from natalie holloway's family. julie banderas has the details. >> seven years later the united states will finally get a chance to punish him for some of his crimes. peru has approved joran van

der sloot be extradited here so the u.s. can try him on charges of extortion and wire fraud in the natalee holloway case. a federal grand jury in alabama indicted him after allegations he tried to extort $250,000 from holloway's mother beth. van der sloot offered to provide what turned out to be bogus information about the whereabouts of holloway's remains in exchange for that money. peruvian judges in january sentenced van der sloot to 28 years in prison for the 2010 murder of stephany flores, a murder he confessed to. he is also the prime suspect in the disappearance, as everyone knows, of american natalee holloway but was never charge inside that case after years of botched investigations in aruba where the teen was last seen with him. once the formal extradition request is submitted in peru and the courts handle van der sloot's inevitable appeal, it'll be just a few months before he's

extradited and tried here in the states, and once he's sentenced, be returned to peru to finish serving his 28 years, then come back to the states to serve whatever sentence he gets here. he could be sentenced to 25 years in prison. jon: given the notoriously bad conditions in peruvian prisoners, he'll probably be happy to come here. >> reporter: yep. jon: julie, thanks. jenna: extra innings for a former major league baseball great, roger clemens, his retrial getting underway today in washington. the seven-time cy young award winner accused of lying to congress about steroid use. rich edson is live at the federal courthouse in washington with more. hi, rich. >> reporter: good afternoon, jenna, and this is where roger clemens faces several charges of percentage, lying to -- perjury, lying to congress. this is what this trial is all about. their key witness, brian mcnamee, clemens' former

trainer in the early 2000s, it's mcnamee who says clemens used performance-enhancing drugs, and he's also presented investigators with si ridges and gauze pads claimed to have clemens' dna on it. well, it's clemens' defense team that's just wrapped up its opening statements, the attorney saying that evidence, the si ridges and gauze pads, can easily be manipulated. they say that mcnamee kept it in his basement for several years and described it as a mixed-up hodgepodge of garbage, not necessarily evidence. clemens will say he won seven different times during his 20-plus-year career, showed four different pictures of clemens appearing to be of the same size in boston in the 1980s, new york and toronto in the '90s

and houston a few years back, and they say that's evidence that roger clemens never grew to be incredibly large. you'll look at some of the other baseball players, they start off early in their career being somewhat thin and then show up to the ballpark crushing baseballs being pretty large. so this trial does have a number of different charges, it's expected to take quite some time. back to you. jenna: fighting through the sirens, those sirens aren't coming for you, are they, rich? >> reporter: no. that just started, i don't know what's going on. jenna: it always happens. you did perfect as always, rich, interesting story, we're going to continue to watch. thank you. jon: unemployment is high in this country right now, as you know. is it driving housing prices even lower? we'll take a look at the numbers and the possible connection. also, mitt romney hopes for a clean sweep this today's primaries. coming up, we'll take a look at the numbers and what we can expect coming out of today. [ female announcer ] the next generation of investing technology

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jon: if you own a home chances are pretty good it is worth less today, less than six months ago. u.s. home prices fell for the sixth straight month on a widely watched index, the case-shiller index. fox business network's liz macdonald has found one of the big reasons behind those falling home prices. what's the story, liz? >> jon, we're also seeing new home sales coming in

better than expected but still at levels we haven't seen in more than a year so the fact that home prices are now bottoming out to levels we haven't seen since 2002, that is making a lot of people on wall street sit up and take notice and what we're seeing is, what's driving the worst nine cities in terms of falling home prices is unemployment. jon, take a look at this map. we're going to show you the nine worst cities where we saw the worst performance in terms of house prices. what you're going to see is double-digit unemployment in some of the cities that have seen the worst declines. you're going to see in atlanta. certainly in las vegas. you see unemployment about 12 1/2%. also cleveland is seeing very high unemployment. that is directly linked to high, you know, basically high problems with housing prices. jon: so where else in the country do you see this link? it's beyond those two cities, right? you've got poor housing and high unemployment?

>> yeah, that's true. you also see it in seattle. you see it in portland. you see it in other areas of the southeast. and we're sayings, jon, you know, house prices basically so directly linked to unemployment that it is actually acting as a drag on house prices. you know the economists down on wall street are saying look, housing doesn't lead the recovery. it off thens follows an economic recovery. that's why you need to get the jobless rate down. we're seeing basically house prices bottoming out. in some places certainly like phoenix, atlanta and cleveland you're seeing house prices nosediving by about 50% to what they were precrisis, jon. so this is a real dilemma for policymakers down there in washington, d.c. back to you, jonners you mentioned washington, d.c. house prices hardly dropped there because employment is very high because the government keeps growing and hiring all the federal workers. >> jon, we're also talking to the guys on wall street

they're basically saying look, the government will do better to have houses sales, selling those houses encouraging house sales because then prices will find a bottom. you saw that happen in the early '60s, the early '70s, early '80s. even after the resolution trust corporation was set up in the early '90s, the way that housing moved again was do more sales, not bailouts. that is the real debate down there in washington d.c. also down on wall street. goldman sachs is saying housing could stablize but bank of america merrill lynch is saying housing could drop another 7 percentage points by 2013. back to you, jon. jon: liz macdonald thank you. >> sure. jenna: well now overseas, new developments in "the news of the world" phone-hacking case. greg palkot is live in our london bureau with more on that, greg? >> reporter: jenna it was an inquiry. ran for about six hours today and there was some pretty heated back and forth involving the questioners, and james murdoch, deputy chief operating officer of

news cop, son of rupert murdoch, chairman and ceo of news corp. they had appeared together before a parliamentary committee last year. today was tougher. critically he was under oath. the opening topic was phone-hacking of the now closed "news of the world". james murdoch ran it as head of the newspaper division here. turned out that voice mails of public figures were hacked into and that led to arrests, resignations further probes. james murdoch even stepping back a bit from his duties here. he was asked whether early on he knew about it, and if so, was there a cover-up and if he hadn't, was there a failure of governance? here is how he answered that question. >> i was given repeated assurances as i have said that these practices, that they, that these newsroom had been investigated. that there was no evidence. i was given the same assurances as they gave outside. i've been very consistent about it. >> reporter: now the rest of the day, jenna was pretty much taken over about

discussions about the relationship between news corp and politicians here, specifically about some pretty close relations with one minister involving the now-canceled takeover of satellite broadcaster bskyb. to the broader question whether murdock media has political power, here is how james answered it. >> i just don't think that there is that, kind of, very old-fashioned sort of view if you will, big media proprytores and being able to dominate the landscape. i don't think that exists anymore. >> reporter: pretty big media proprietor. news corp boss, rupert murdoch is set to testify tomorrow. the inquery cleared away the schedule on thursday too just in case that runs over. should be pretty interesting affair. back to you. jenna: more updates as we get them, greg, thank you. jon: you take a big ol' bite of the favorite mint chocolate chip ice cream. then you head feels about to explode.

up next the doctor is in with breaking news on the reasons you get that brain freeze. plus, case in point why you're not supposed to text while you're walking. [ male announcer ] you've never tried miracle whip,

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jon: a dramatic fall and rescue all caught on tape. check out this teenager, talking on her cell phone when the street seems to open up beneath her. she falls right into a pit 20 feet deep. luckily for her a cab driver saw the whole thing. he stops his car and quickly jumps into action. eclipse down into the pit. found the teen scared but otherwise okay because they couldn't get out because the hole kept growing. so firefighters headed to the scene. they brought in a ladder and both of them climbed out basically okay. jenna: my goodness. we need the doctor for that story. but dr. manny is busy now. he is in with a new study.

can you take a shot of him. what causes brain freeze, that painful feeling you get when eat something like ice cream. reenactment on our set. what they discovered could one day help treat migraine headaches that is why dr. manny decided to buy a frosty to share with us the new study. are you okay, dr. manny? >> wow. jenna: why did that happen. >> i dilated my -- this is very interesting study. if somebody would have asked me, what causes a brain freeze i would have said, well, you know, cold blood rushing into the brain gives you pain. makes you disabledded. jenna: did you feel that? >> a little bit. a little bit. that would be the best explanation. but now scientists really looked at it, the significance of the study say, what is the big deal of the study? what they did they gave things like this to you know, college kids and when they got the brain freeze, they did a doppler study of the vessels of the brain.

one in particular which is the anterior cerebral arterry, they saw significant dilation. jenna: so blood is rushing? >> right. what happens when we take something cold it really cools down the blood supply to the brain and the brain has a very protective mechanism. jenna: that quickly? >> miami beach environment. jenna: don't we all. >> it immediately rushes blood to warm the brain up. but in that sequence of course there is expansion ever the vessels. there is increased pressure and gives you the tremendous pain. jenna: wait. let me stop you there. is there any danger associated with that? >> no. jenna: if for example, you had who had blood rushing to your head we would have a different reaction. >> it is physiological. painful but good. a lot of patients with migraines suffer from a lot of brain freezes. the analysis perhaps looking this is vase sew dilation constriction abnormality, we

can design drugs for migraine patients to control the blood flow so we minimize the on set and longevity of migraines in the big picture. jenna: same thing happening with a headache. when you get a headache, not exactly same rush of a pain necessarily that you get from a brain freeze. it is same thing physician logically what happens. >> there are a lot of headaches. there are tension headaches. we're talking about migraine headaches have been sort of vascular in nature. for some patients they have an your a if you look at some patients they get a lot of relief when they take a couple as prince and a cup of coffee. coffee has caffeine. caffeine is a vasocontradict tore. it seems to work that the vaso dilation and constriction with chronic make grains is not working well and therefore better drugs need to be manufactured towards that end. jenna: that has nothing to do it with the temperature, right? when you're talking about or does it? i'm wondering if there is a

tie between when you have a bad headache drinking something warm with caffeine drinking something cold with caffeine. >> i would never drink something cold with calf feenl. that defeats the purpose. warm liquid i think is much better. what is still on the table how do you predict patients will get that be a north? jenna: right. >> i will predict i get a brain freeze and i buy it and drink this i will get it. if i don't do it then it's okay. in migraine patients we still have to find ways to predict that abnormality. but we're getting closer to the mechanics of how to effectively treat migraines. for our viewers, dial late your ses he will. i spent good money. jenna: what am i supposed to say. not a brap freeze? >> my cerebral arterry just dilated. s. >> that will work. jenna: dr. manny. >> come on get a brain freeze with me. please. >> please do. i'm just happy i still get to eat ice cream.

we are america's election headquarters as voters head to the polls in several states. primaries today. new analysis suggests that despite a bruising primary season it is a very close race between mitt romney and president obama. influential political analyst charlie cook has a column today in the "national journal". he says it's a very close race at this point and there is room for improvement on both sides. let's talk about it with bill rosenberg. he is a political science professor at drexel university. the latest "real clear politics" average of the national polls has president obama in a 3.1% lead over mitt romney. now that would be a mon you mennal lead if it were late october. but it is late april. pretty close race? >> absolutely. the reality what we're facing is a contest where both candidates are relatively equal in terms of their strength. but what we have to recognize this is a national poll being reported and continues to be reported is

how all americans feel. actually the election gets decided though based upon the electoral college, not national polls. jon: so you say a state by state breakdown would be more instructive at this point? >> exactly. and what we're going to find closer and closer to the election there will be specialized polls in some of the key swing states. there are about 12 key swing states that will ultimately decide this election and if you take a look at relative balance of power without the key swing states we're facing a situation where obama has a about 196 electoral college votes sewn up. about 181 are sewn up by romney. but there is still 161 votes in play. i think that's where we're really going to see the action in those 12 states and also among the independent voters in those 12 states. jon: and yet the polls also indicate that a lot of voters feel like they don't really know mitt romney all that well. for him to be basically three percentage points behind a guy who has been in office for three years or more than three years, that

is a pretty good development campaign, right? >> well, it is and it isn't. the reality is this is the second time around for romney. he ran four years ago. so he had an opportunity to have a lot of electorate to learn about him then. it certainly is a good situation to be a challenger and be neck-and-neck with the incumbent president at this time. the reality what we're going to face both candidates will start doing more and more appearances of the trying to show their softer side, not just their policy side. you're going to see them on tv shows, soft news programs and such to try and humanize them a little bit more. jon: the president has seen a bit of benefit in terms of gas prices. gas prices are down a nickel or so. does that take away, i mean if the economy is seen to be improving does that take away mitt romney's expertise as a manager, as a businessman? >> well, the reality is is that the economy is, as long as the economy is sort of doing badly, it is

definitely an advantage to romney. but if you take a look at the national polls, those that consider jobs, the economy and deficit to be the most important issues, they're much more in favor of a candidate romney than a candidate obama. on the social issues side what we find is that the candidates that are more interested in women's rights and environment and social issues, they're much more likely to be in support of barack obama. so many of these issues are also in play. when we're coming up to the november election. some of the issues that are going to come out then are going to be very different than we can even imagine now. for example, what might be happening in iran and price of oil and even unknown issues that haven't yet surfaced. jon: bill rosenberg, a political science professor at drexel university. thank you. >> you're welcome. have a good day. jenna: a house fire leads to a multi-state manhunt. what cops found when the flames died down has them searching for the owner.

he works in d.c. but lives in california. a heck of a commute from defense secretary leon panetta. he is racking up quite a tab on your dime. we'll tell but it next. at bank of america, we're lending and investing in communities across the country. from helping to revitalize a neighborhood in brooklyn... financing industries that are creating jobs in boston... providing funding for the expansion of a local business serving a diverse seattle community... and lending to ensure a north texas hospital continues to deliver quality care. because the more we can do in local neighborhoods and communities, the more we can help make opportunity possible.

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jon: it's being called a crime of unbelievable evil a search now underway for a person of interest in the shooting and burning deaths of two women. police are look for 41-year-old peter keller. they say keller may have shot and killed his own wife and daughter before setting their washington state home on fire. police who responded to the fire say the front door was barricaded and possible traps were set around the house. investigators found keller's car abandoned in a library parking lot. he is described as 5 foot 6, weighing 175 pound. is considered an avid hiker and he may have a red or silver mountain bike with him. if you have any information

there in the pacific northwest, please call 911 or contact the king county police at the number on your screen. jenna: well the secretary of defense coming under some fire for a few pricey travel plans on the taxpayer's dime. leon panetta racking up more than 3/4 of a million dollars in flights to and from his home in monterrey, california. making the trip 27 times in ten months that is more than his predecessor took in five years. molly henneberg live in washington with more. molly? >> reporter: the pentagon said secretary panetta is following travel policies to the letter and reimbursing the government for his portion of the travel. let's look at some of the numbers. secretary panetta traveled to his home in monterey, california, 27 times in july. the cost to the pentagon and thereby tax payers is $860,000. in part he has to travel on a secure plane per rules put in place after 9/11.

panetta reimbursed the government $17,000 which is in line with reimbursement policies. the defense secretary are is in central america on a government trip, when he took the secretary job he intended to get home to see his family frequently. he flies home on a smaller plane than when he takes on overseas trips. that still allows him to make secure phone calls and conduct official business. here is what the secretary said earlier this month about travel costs. >> i regret that the it does, you know, that it does add costs that the taxpayer has to pick up. the taxpayer would have to pick up those cost with any secretary of state or secretary of defense. >> reporter: by point of comparison, panetta's predecessor, robert gates who has a home in washington state, flew home 22 times in five years. one taxpayer watchdog group says panetta needs to scale back. >> gates, who went home, i guess five times during the course of the year, across-country the same that panetta is doing. to say okay, what is the pattern here?

three times a month is excessive by any standard. and what happens is, that you know, secretary panetta has been in congress before and, they really enjoy these perks and these benefits of office and at times they forget that these are taxpayers that are paying for. >> reporter: senior u.s. official tells fox the defense secretaries need to see their families. otherwise, we quote, should only select people for the gig who live inside the beltway. jenna? jenna: good point there. molly, where have you been by the way? welcome back. we haven't seen each other. >> reporter: good to see you both. i'm back from maternity leave. wonderful to see everybody again. jenna: we're glad to have you back. we have photos to share with our viewers. you're not kidding. you have a cute little baby there. what is ear name. >> baby jacqueline amanda. i miss her. sweetest little baby. thanks for putting up pictures. any first-time mom knows it is a joy.

jenna: of lo the picture of your husband and your little girl in matching sunglasses. >> oh, yeah. that's a great shot. >> thank you. jenna: the little girl is darling. we have to get her a contract right away. jon: molly says she was watching a lot of "happening now" while on maternity leave. >> she was. would wake up from her nap about the time your show is on. she knows you're here. jenna: younger viewers thanks for helping us out, molly. welcome back. nice to have you back. >> good to see you. >> molly henneberg from the pentagon. we'll be back with more "happening now.". a little bird told me about a band... ♪ an old man shared some fish stories... ♪ oooh, my turn. ♪ she was in paris, but we talked for hours... everyone else buzzed about the band. there's a wireless mind inside all of us. so, where to next? ♪

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jon: it is a new multimillion-dollar plan to tap natural resources from asteroids out in space. julie banderas live in our new york newsroom. >> reporter: hey, jon the plan would essentially mind the asteroids using robotic spacecraft to squeeze components like minerals and gold and platinum from the space rocks. it would start in the next year 1/2 would lane much telescopes to search for asteroids rich in resources.

they hope to create a fuel depo in space by 2020. it sounds like something out of a movie you won't be surprised to learn "titanic" james cameron is one of the businessmen tied to the project. he may be excited about the prospects scientists seem to be skeptical wondering how the asteroid mining would be cost effective because they say a recent nasa mission to return a relatively small amount of material from an asteroid to earth carry ad billion dollar price tag. space research is not cheap, jon. jon: julie, thank you very much. >> that's it? jon: that's it for today? thanks for joining us. >> "america live" starts right now. megyn: fox news alert. new questions today about whether white house staffers were directly involved in the secret service prostitution scandal. welcome to "america live", everyone, i'm megyn kelly. press secretary jay carney on friday insisted that there was no need to investigate white house staff who had travel