announce by tomorrow whether he will seek death penalty against boston marathon bombing suspect do zohartack left three people dead and 260 people injured. massachusetts does not have the death penalty, so it may be difficult for federal prosecutors to win a capital punishment case in that state. >>> and now a follow-up to that viral video showing a new york lawmaker threatening a reporter. after facing heavy criticism and downright ridicule, the congressman has now apologized. abc reports from capitol hill. >> i do have to go back to work. >> reporter: new york congressman michael grimm was a model of contrition. >> i was wrong, it shouldn't have happened. >> reporter: we saw a different side of the congressman when he walked away after a reporter asked about an allegation against him. >> we wanted to get him on camera about that but as you saw he refused to talk about that. back to you. >> reporter: watch as the congressman returned. >> met he be clear, if you ever do that again, i'll throw you off the balcony. how's that? the congressman threatening to throw the reporter off the balco

it cannot get into the head zohar of the governor's but what if they are not approved? would use a happening in that space? >> it is hard tear generalize. and i don't know but i am struck there is a somewhat new conversation go we space where the six fugitives wanted to 33 but their premium tax credits start at 100 so you would have people who would be eligible for the tax credit a year did the exchange there are premiums if there is cost sharing of both of those and i think what is saw hard-line to hold is to say if you didn't do the expansion those that would have access to coverage with previous and cost sharing but you cannot charge previous to that group that is a hard slide to hold. what we see is some little bit of wiggle the blended petri traditional medicaid through the core population covered by the exchanges. you so very issues like work requirements will be strongly resisted because there is no room in this statute to permit rules like that but the wraparound coverage one that people fight about all lot but the buber the medicaid expansion is eligible for th