heather and ainsley back to you. >> molly henneberg live for us in washington. thank you, molly. >> time to take a look at who is talking. texas senator ted cruiz is talking about what president obama needs to say tonight when it comes to obamacare. the president needs to apologize bau then he needs to act. >> this president hasn't taken responsibility for the harms that have come from his policies. an apology is empty if there's no action after it. i have two girls at home 5 and 3. if the 5-year-old is punching her little sister and saying i am sorry after she punches her that's not a very meaningful apology. every parent knows if you are going to apologize stop doing what you are doing and make it right. >> senator cruz also talking about the benghazi terror attack after hillary clinton says this about the biggest regret as her tenure as secretary of state. >> my biggest regret is what happened in again zbenghazi. it was a terrible tragedy losing four americans oo. >> cruz compared her response to president's response to the obamacare debacle. >> the pattern w

molly henneberg is live. she's been on scene with the very latest. what is the very latest, molly? two press conferences, what have learned? >> reporter: jamie, we have just confirmed the identities of two of the three people who were killed inside this mall today. they are brianna balolo, 21-years-old from college park, maryland. and tyler johnson, 25 years old, from maryland. the third person, the person police believe is the shooter, is still unidentified, but police believe he went in to that skate shop on the second floor of the mall and shot those two people and then killed himself while shoppers and employees ran for cover in the mall because of the shooting. it took swat teams hours to search the mall and alert people who were hiding that it was safe to come out. >> if you imagine how many rooms there are in the mall, how many back offices and restrooms and dressing rooms and nooks and crannies in the mall, the tactical teams went through every inch of the mall and it has been cleared. >> reporter: right now there is a robot inside the mall around the body of the suspected

molly henneberg is live. she's been on scene with

. >>> molly henneberg tells us tonight -- >> reporter: overnight when the park is closed to the public, dear watch out. department of agriculture sharpshooters are going to try to thin the herd and hunt until they get 106 deer or until the end of the march, whichever comes first. the national park service said there are be 77 deer per square mile in the park, much higher than the 15-20 per square mile than they believe the park can sustain and the overpopulation has caused the deer to go into neighborhoods and to traffic looking for food. and they are depleting too much of the local vegetation. >> right now deer are eating almost all tree feedlings and then no forests can re jenner arks this is the second year of a three year program to try to control the deer population in d.c. some neighbors support it and saying it is being done professionally and others want them to use nonlethal means to prevent the deer from continuing to reproduce. >> there have to be other options. they are just trying to go through the easy way of getting rid of them. >> you are not wounding them with bow and

molly henneberg has more. >> reporter: the "the wall street journal" reports this is in response to thes obamacare rollout at a time when president obama is trying to convince americans that the government can run health care and other big projects, and that obamacare can make health care more efficient and cheaper. but not everybody believes that a big tech agency is the way to go. >> i'm not one to think that the way to fix the bureaucratic agency is to hire more bureaucracy. >> the government is having difficult attracting the best and brightest in the tech sector and therefore could be falling behind on what it can do with the technology. one spokesperson said we don't have enough people inside of government to make good, sound technology decisions. this gap between the public sector and private sector has really affected their knowledge. the obama administration is apparently considering other tech fixes, as well, including having government tech specialists rotate through private sector companies. also, streamlining the federal hiring process so that it doesn't take months and mon

molly henneberg in washington with more. >> reporter: former defense secretary gates recounts a story in his book about the final discussions with military leaders in late 2009 before president obama announced that he was going to go ahead with a surge of about 30,000 troops into afghanistan. grates writes, quote, then came an exchange that is seared into my memory. biden said he was ready to move forward but the military should consider the president's decision as an order. i'm giving an order, brohm quickly said. i was shocked. i've never herd a president frame a decision as a direct order. when the military, it is unnecessary. as secretary of defense i had neverir you'd -- never issued an order to get something done. obama order as biden's urging both showed the inability of both men with the american culture. and although biden was called a knowledgeable colleague, he said biden, quote, has been wrong on nearly every major foreign policy and national security issue over the past four decades. the obama administration has been pushing back on secretary gates' book saying in part of

molly henneberg is live in washington with more. >> reporter: hi, part of the problem is that the governmentdifficulty attracting the best and brightest in the tech sector and therefore may be falling behind on what it can do with the technology. one spokesperson told "the wall street journal," quote, we don't have enough people inside of government to make good, sound technology decisions. this gap between the public and private sector has really affected their knowledge. one of the most public examples of this is the disastrous rollout of the obamacare website. built by the tech sector, it is locked. then, silicon valley pros were brought in to fix it, an embarrassment to the president who is trying to convince americans that government can be helped with the new health care and that it can be more efficient and cheaper. the obama administration is trying to find fixes, including having the tech specialists rotate through private companies, also streamlining the hiring process so it doesn't take months and months to hire a person to fill the job so they are not snapped up by other companie

molly henneberg has our top story. >> reporter: president

molly henneberg has the latest for us on this story. molly, what does the texas law say?enna, it is very clear according to texas state law, despite what the family may want, the doctors and hospital, quote, may not withdraw or withold life sustaining treatment under this sub chapter of the law from a pregnant patient. but marlese munoz's husband, eric says she did not want to be kept alive. eric wants her taken off life-support, even though unborn baby, five months old in utero has a beating heart. one former federal prosecutor not involved in the case, this situation may point out problems with the texas law. >> one of more difficult aspects of this case is the government being involved in this decision. where you have a family that wants the termination of life and government, via, a statute saying that you can not. so here, it appears that the statute may actually be too broad. the statute needs some exceptions. >> reporter: munoz has been on life-support since late november she collapsed at home what was likely a clot in her lungs. jenna. jenna: what a terrible situa

. >> molly henneberg joinis us lie from washington. >> after a difficult year with not much done on histive agenda president obama is expected to throw down the gauntless in his state of the union address telling lawmakers he has other options if he can't get his legislative goals through congress. >> he simply won't stop because mindful of congress' reluctance to be cooperative at times the president is going to exercise his authority. he is going to use his pen

molly henneberg has our top story. >> reporter: president obama's legal team has until friday morning to submit a response to supreme court justice sonia sotomayor who last night before joining in the ball drop in new york's time square, over turned an appeal courts decision and said that the obama administration has to hold off on enforcing the obamacare contraception mandate on nuns. the little sisters of the poor, a denver based order of nuns oppose birth control and do not want it included in health insurance for their employees who help in nursing homes for low income people, 30 nationwide. >> in the course of one year they would see one-third of the budget being eaten up by fines to the irs, $2 million in fines if the obama administration get its way. >> reporter: but the obama administration said it made accommodations for nonprofit groups, including little sisters of the poor, allowing them to opt out if they sign a piece of paper claiming the exemption. a white house official said today in response to the decision, that the administration is confident that our final rules str

molly henneberg is joining us now live with details on the latest security measures in place. >> defenseretary chuck hagel says russia has not requested specific help from the u.s. to he prop text the societe generale games that start -- protect the sochi games that start next month. but they have military action in the region, including two ships. hagel says there are contingency plans if there were a significant terror attack. >> we need to extract our citizens, we will have appropriate arrangements with the russians to do that. >> meanwhile, the state department is warning americans who are traveling to the games to be careful. travel alert released yesterday said there is no indication of a specific threat to u.s. institutions or citizens. but u.s. citizens should be aware of the surroundings and follow good security practices. u.s. citizens are urged to remain individual leapt and use good discretion if using public transportation. u.s. olympic athletes have been warned not to wear the uniform outside the official venue not to draw attention to themselves as americans. vladimir puti

molly henneberg is here. where are the jobs, molly? 3.295 million to be exact according to bureau of labor statistics bls, government and private sector unfilled jobs. last check of the numbers was in october 2013. the vast majority of them, unfilled jobs was in the private sector, 3.5 million of the 3.9 million unfilled. the rest were federal, state and local jobs, government jobs talk there. the in private sector industry were most unfilled jobs were, at top of the list, professional and business services, trade, transportation and utilities, then education and health services. as for where in the country there are the most unfilled jobs, mostly they're in the south, according to the bls. although there was an increase this past fall in infilled jobs in the midwest. bill? bill: you know, molly, why are they still open? >> reporter: there are a number of possibilities, bill? people don't have the right specialed skills to take the jobs open or maybe don't want to move their families to a different part of the country to take a job. ma

molly henneberg is live in washington with this. molly?rter: jenna, the white house won't say exactly when the president will speak to the american people on decisions reforming the nsa just that it will happen before the state of the union address on january 28th. we do know that the president is looking to make it more difficult for the nsa to spy on friendly foreign leaders. he is also considering a recommendation to strip the nsa of its authority to collect and store phone data. and instead allow private phone companies to store customer records that the nsa could access. >> the president, i would point you to what he said in terms of viewing that as a serious recommendation and certainly one that he's looking at and his team is looking at but i don't have anymore guidance to give to you before he makes those conclusions and gives his remarks. >> reporter: but will the president go to congress and try to get congress to draw up legislation incorporating his decisions on the nsa? with constant -- wisconsin republican congressman jim sen

in columbia maryland, molly henneberg fox news. >> breanna leaves behind a 2- year-old son and lived in florida and colorado before moving to maryland. she was an assistant manager at the skate shop where the shootings took place and had been working there since 2010. 25-year-old tyler johnson had been working at the store for about three months. >>> a teenager are reported ties to san carlos has been arrested on charges of possession of a weapon of mass destruction in his pennsylvania apartment. police discovered that bomb while investigating a marijuana grow operation. ladislov is at penn state, he is originally from russia. he>>> a memorial service will be held in san jose for a 14- year-old girl hit and killed by a vta light rail train. danica garcia was riding her bike to lamar high school have where she was a freshman. she may have been rushing to school to be on time for a singing performance. today's service starts at 2:00 in the afternoon at the willow glen funeral home on lincoln avenue. her funeral will be held tomorrow morning. >>> we are finding out more about the have m