national decision does to the parties in the states is going to be fascinating to watch in this new election year. it's a low-profile decision that could have a very high-profile political impact. right now on "first look," benghazi failures. the attacks that led to four american deaths could have been prevented according to a new senate report. intelligence overhaul. the president prepares to reveal overhaul to america's spy tactics and surprising details. numbers. the numbers are in. plus anonymous no more. we will reve who paid 1 $142 million for these paintings. a brawl breaks out on the hard court and one heck of a catch to show you. good morning, everyone. i'm betty nguyen. we begin with breaking news overnight. three people including the gunman are dead after a

supermarket shooting in northern indiana. police say the man walked into a supermarket late last night and used a semiautomatic handgun to kill two women and the gunman killed by police as he pointed his gun at a third person. a story you will want to keep your eyes on this morning. in "the washington post" air force investigates dozens accused of cheating on nuclear proficiency exams. now, air force chief of staff mark a. welsh has tried to downplay the issue saying, quote, this is not about the compromise of flenuclear weapon but about our airmen. outlines the details on that brazen september 11th attack on the u.s. consulate in benghazi a killed four americans and puts the blame squarely on the state

department and cia. nbc's tracie potts is live in washington. what is new on this report. >> reporter: the report echoes what we heard from the review board that the state department ignored red flags that warned of trouble. the senate intelligence report says the state department failed to act on mounting evidence that militants were targeting our consulate in benghazi. >> state department knew that this was a very violent part of the world, yet, they failed to take the proper security measures to protect the people in benghazi. >> reporter: the report calls the september 11th, 2012 attack that killed four americans preventable noting smaller attacks in the months before. the cia a mile away beefed up its security but the senate report says ambassador chris

stevens declined the military's offer to bring in a special security forces team. the military responded to slowly, the report says, placing ultimate blame on former secretary of state hillary clinton. the state department fired back. >> there was no specific threat indicating an attack was coming. >> reporter: afterwards, the report argues intelligence officials were slow to correct a wrong assertion that blamed protesters, critics insist that story was deliberate. >> this will go down as the greatest -- in history. it's politically inspired no doubt about that. >> reporter: still, 16 months later now, there have been no arrests in this attack. the report says that is in part because the libyan government hasn't been efficient tracking those down. >> reporter: big changes to america's intelligence gathering operation. nbc has learned that president obama will have a plan to

overhaul the nsa a month after a government review panel i should 30 -page report detailing big gaps in the way the u.s. gathers intelligence. president's proposals will include cutting back on tapping the private phones of foreign leaders as well as dialing back on logging calls. new subpoenas are eminent in the so-called bridgegate scandal involve new jersey krover chris christie and expected to seek e-mails and text messages from key christie aides. reed sheer will aid in the investigation. he has previously helped former illinois governor rod blagojevich of corruption. a new poll finds 69% of the people who have not changed their minds since news of the scandal broke. only 18% say it makes them like christie less and 5% say it makes them like him more. 8% are unsure. but is christie telling the truth? well, according to the polls,

44% think he is. but 33% think he is not. a large group remain unsure. proof of life. the u.s. has obtained new video of army sergeant disappeared from his afghanistan base in 2009. officials describe him as frail and shaky in the new video which they believe was intermediafilm month. the taliban has offered to release bergdhal for five prison he's at guantanamo bay. the u.s. believes he is held in pakistan. bowe, if you see this, continue to remain strong through patience. your inturns will carry you to the finish line, breathe says his family. the government will be staying open. late wednesday, the house overwhelmly passed 1.1 trillion

dollar budget and funds the government through the end of september meaning for now, there won't be another shutout. they raise the spinning level slightly for domestic and military programs but not for obamacare. senators are expected to give their okay by the end of the week. president obama says he will sign it. check this out. one home depot employee was right there at the right place at the right time when it was caught on tape. what did they catch on tape? look at this. this worker in anchorage, alaska saw a baby tumbling from a shopping cart and he was able to catch the child before hitting the story's concrete floor. home depot is giving him an award for that spectacular save. congrats to him. to sports amy friend, richard lui. good day, betty. hot, just plain hot. 108 degrees. special cold towels on players faces. all outside matches got postponed. it was so hot before that third

seed, maria sharpova sweat it out to beat her opponent 6-3, 4-6, 10- and no tiebreakers. players got the tight games and they get rested. sat is expected to be 40 degrees cooler. triple nba overtime. chicago and orlando first a double overtime. chicago up by three. seconds left. glen davis for three there. triple o.t. we go and bulls sneak ahead and three overtimes 128-125. starts with the lakers nick young drawing a hard foul and the ground opens up and elbows start flying. lakers were clearing the bench. the suns win it 121-114. meet los angeles angels. outfielder mike trout. almost six feet tall, he -- yeah, he lands it. he is like 6 million dollar man

or is that 30 million in today's dollars? i'm not sure. we will talk about baseball. a wrinkle in the lead-up to the afc championship game between the broncos and patriots. tom brady reportedly missing practice wednesday for an unspecified illness and said to be okay for sunday. for the nfc championship what i care about more. a radio station in seattle decides to prank a niners fan. they tell her the tickets have to be returned and the reason here because she is a niners fan. here is her spirited response. >> such such bull [ bleep ] i'm going to that game and you better drop that attitude right now i'm going to be there cheering my head off and you better believe i'm wearing my 49ers gear and all of the gear i can put on my body. >> thank you, richard. here is bill karins with a look at the weather. following that, that is kind of

tough. >> sitting next to her would be fun. wow. good morning, everyone. the big story out west continues to be this drought. yesterday, we had the all-time warmest day in january. records back 65 years there at 73 degrees. i want to give you perspective on this. the snow is the big thing. the water supply for california. image on the left shows you the snow in the white and what it looked like last year the mountains there in the middle and we are look at right now the right, very little, if any snow over much of the west. blizzard like conditions so be careful driving through fargo and minneapolis. snow this morning around st. louis. so a little coating there in southern illinois. overall the east coast a lot better. remember the fog yesterday? >> yes. >> it was an eerie day from the mid-atlantic to the northeast but not as bad today. a navy fighter pilot rescued after ejecting over the atlantic. we have those details ahead. first, anonymous no more.

just revealed that elaine wynn the billionaire ex-wife of steve wynn was the anonymous buyer who paid a record 142 million for francis bacon study of lushean floyd. we will be right back. [ male announcer ] legalzoom has helped start over 1 million businesses.

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a 16-year-old mexican boy is dead after drinking a methamphetamine at the united states border. why? the teen was trying to persuade inspectors in thinking he was only transporting apple joyce. the police put the boy in a holding pain before dying. pilot was able to eject from the aircraft and was eventually rescued by a fishing boat. the colorado springs airport it is changing with the times. it's giving pot smoking travelers one last chance to ditch their stash. brand-new amnesty boxes as they

are called will hopefully keep people from tag pot on flights. remember, this iconic image? check it out. five years, us airways flight 1549 landed in the frigid hudson river and the crew of passengers from that flight toasted the fifth anniversary on wednesday aboard a new york city ferry calling it a toast to life. your first look at business. we turn to court eney reagan. >> debit card will be replaced by target. they didn't replace the cards sooner because they didn't want to cause a disruption during the holidays. apple will refund 32 million to consumers part of a settlement with the ftc involving cases where parents discovered their kids had bought stuff online but actually spending real money. their parents real money.

c. jcpenney is close stores. it follows similar cuts last week by macy's. >> is this a good combination? rand paul and snap chat. scrambled politics is next. purina dog chow. isn't it time you discovered the lighter side of dog chow. purina dog chow light & healthy.

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bridgegate. some experts are saying he could be in heat. when hearing that, christie said, heat. >> now here is your first look at this morning's scramble politics. no problem on the way to splitville for eliot spitzer. a spokeswoman says he and his wife parted ways after 26 years of marriage. not running for a 12th term is representative mckeown. at this hour, there still has been no official retirement announcement. from the california republicans that is expected later this morning. for his 43rd birthday, congressman thomas massie got his first lego set from a fellow

congressman. scott brown has a new website and sure looks like he is running for something. many analysts expect the republican to challenge gene shaheen this year. tennessee lawmakers want to ban obamacare from buying coverage for their employees through insurance exchanges. some 36,000 people in the state have enrolled in obamacare coverage. you can snap chat with senator rand paul. his first toast was a short friendly video but the second was a joke directed at the nsa. you can see it right here. hey, nsa, check this out. you've been moved. kind of funny. first lady michelle obama is celebrating the big 5-0 tomorrow before about big day talking about aging and exercising and

says she can't imagine using botox or going under the knife but she says she has lever never to say never. new york mayor bill de blasio eating pizza with a fork and knife, good fellows pizza owner bagged the fork and it will be auctioned off for charity. that is your morning dish of scrambled politics. all right. time now for your first look at politics and joining me from washington is syndicated columnist bob franken. good morning, bob. >> good morning. i don't even use a fork or knife when eating spaghetti. you've seen me eat that before? >> yes i have. let's start with the report on the benghazi attack that killed four americans and this report blames the state department and cia. what kind of fallout do you think we are going to see from this? >> well, the predictable fallout will be that the state department will say again, and

the white house will say again, this is similar to what we have heard before. we are already in the process of making some reforms. the political focus, of course, continues to be on the role or lack of hillary rodham clinton who was secretary of state. the report very ignored her role pretty much except bun republican party dissent on this. quite frankly, i think this is one of those regrettable items that really sort of the voters memory, no matter how hard the opposition tries to keep reminding people of this. the overhaul of the nsa and tightening who gets access of classified information. so is this new more vindicatied of edward snowden? >> one could look at it this way. the very fact this was stuff was exposed would ab an indication

for edward snowden but i don't think anything in the president's remarks that he will get amnesty. it seems like he is nibbling around the edges, at some point, maybe. >> we move to the subpoenas today in the bridge scandal plaguing governor chris christie. given the depth of this investigation, do you expect charges are going to follow at some point? >> i doubt it. but it is the kind of thing that can really mess up presidential campaign. by the way, if you want to know exactly what subpoenas will be going out, you just have to talk to the nsa. i'm sure they always know. >> always up for a good zinger. i'll get awe fork and knife because you might want to use them the next time you dine out. coming up, bill karins and richard lui here for our "first buzz." and what caught our eyes today. including a lot more to come. [ male announcer ] start the engine...

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this sunday on "meet the press," former defense secretary robert gates weighs in on president obama's proposal to reform the nsa as well as reaction to his new tell-all memoir. time for "first buzz." a lot to talk about this morning with richard lui and bill care irsin irs -- karins and we talk about the moon. they are going to the moon to build houses. take a look at these renderings. robots create 3d printers and to home within 24 hours. >> what are they home for? >> maybe if we ever wanted to go to the moon and take up residency there. >> you know what i take out of this? after the shuttle program a has

ended, a lot of people at nasa are bored and thinking of something to do. i don't think our minds are wrap around how crazy it's going to change the world. 3d printing taken to heart. it's possible. >> speaking of crazy. a story coming out about a little league player? >> feel like the whole -- everyone likes to sue to try to get rich? a little league coach in california who is a chiropractor, i don't know if it has anything to do with the story, but he is suing his player. his player scored from second base, threw his helmet after he scored and it happened to hit his own coach in the back of the leg and he claimed it ruptured his achilles heel achilles tend. he is suing for 500,000.

it claims in the lawsuit the kid carelessly sued his helmet. >> there has to be a back story. >> the back story is he wants to get rich. hopefully, a judge will throw it out. >> if you were the judge karins, you would be outdone. >> it would not hit my desk. >> judge karins, scary. >> move on to something else. >> ah, shucks? social media is the thing. how about first instagram video here getting a checkup. the panda has gotten 3,800 followers because of that video. getting a little checkup. the panda is just 4 1/2 months old. >> that is the cutest thing! >> they have to wake him up because he sleeps 20 hours a day. >> here we go. here we go. >> what decade is this? >> we only give 3d printers but

i knew you could do video on instagram. >> about twice the length of vine. >> i'm betty nguyen. this is "first look" on msnbc. stay tuned because much more to come. you don't want to miss it. "way too early" starts right now. ♪ >> the administration is on defense because there are now 59 senators, including 16 democrats, who have defied the president to support a bill to ready new sanctions if diplomatic talks fail. >> what? what? oh, what? i think republicans would line up to oppose obama on the orgasm secure cancer act or a resolution finding jennifer lawrence delightful. democrats. democrats. why would they vote for this? >> well, i think a lot of them haven't read it yet.

>> really? they haven't read it yet? well, that never slowed them down before. hey, who needs congress to read? when it comes to our economic recovery, the president might use his mighty pen. a record day on wall street new numbers show the rest of americans are financially worse off than they were a year ago. but parents, remember, when you let the kids play angry birds and upgrade to buy the mighty eagle you got your phone back and found out the kids bout something else instead. that is our side and we will tell you why. where are paul and ringo invading? dusted off the album covers because this is "way too early." i said tender. i did. yeah. good tease, isn't ?