Transcripts For FOXNEWS Happening Now 20110228

authorities received an sos that alerted them to it. it's unclear if anyone knows the ship's exact location. obviously this news is just coming in to us and as we get it we're bringing it to you. more details as we get it about this family captured by pirates. let's start off with the breaking news and jon is back with us! jon: great to be back. jenna: hope you had a good trip. jon: colorado. jenna: i'm jenna lee. jon: i'm jon scott, where the news is breaking, "happening now", wisconsin governor scott walker warning pink slips will go out for state workers if his budget plan does not pass, this as police back off from an attempt to close down the capitol and arrest protestors after almost two weeks of demonstrations, instead pro union backers spent another night in the capitol, organizers say they'll be out in full force today. mike tobin joins us live from madison, wisconsin. what's going on inside that capitol hill right -- capitol building right now, mike? >> reporter: that's the second time the demonstrators have overwhelmed the deadline to get out of the capitol so it can be cleaned. they say there are a dozen left inside the capitol right now, that's because capitol police have shut off the doors, not allowing anyone inside the capitol until the remainder of the demonstrators inside of that building clear out. just so they can run a mop around the place. as you know thaoupbsd thousands of people have been through there, the place hasn't been cleaned since this process started jon. jon: you've got basically a dozen protestors here tieing up this whole thing? >> at this stage of the game. it shouldn't be that much longer until they get out of there. jon: so what's next? >> reporter: what is next right now is we're all waiting on the governor's office. they just said that tomorrow is the deadline for the senate democrats to return, then the $165 million debt refinancing issue comes due. that is what the governor has connected to some layoffs out here, some 12-1500 layoffs of state employees. the governor's office says they want to delay these layoffs as long as possible. tomorrow, the governor, set to give a budget address at the same time. so we'll see if he connects these layoffs to his budget address, anticipated for tomorrow, jon. jon: mike tobin in madison, wisconsin outside that controversial capitol. mike, thank you. >> i've walked the picket lines before. i've got some comfortable shoes at home. if it's hot outside, i've -- hot outside, i've got a hat f. it's cold outside, i've got a jacket. >> american workers are being denied their right to organize and collectively bargain when i'm in the white house, i'll put on a comfortable pair of shoes myself, i'll walk on that picket line with you as president of the united states of america. jenna: that was president obama on the campaign trail back in 2007, showing some strong support for unions and collective bargaining. again, live pictures now from wisconsin where pro union protestors are hunkering down. so what exactly the president's position on the growing controversy? bret baier is here with his take. the difference between political promises and political reality. why isn't the president more involved here? >> reporter: jenna, he said some things very early on to a local tv station in wisconsin, in which he said the actions of governor walker are essentially union busting. he talked about that at length, and then since that time, the white house has backed off of really dealing with this at all. we haven't heard anything from the podium extensively about the protests in wisconsin, and in fact, valarie jarrett, senior adviser to the president, last week on foss said that this should be a wisconsin matter, and not a washington mother. clearly, the white house believes that politically, it's not in their best interest to get involved in what's going on in wisconsin. i want to point out, jenna, one thing, that phaoeubgd touched on at the very end there. governor walker is saying that tomorrow is the deadline for this $165 million refinancing. essentially, that if the senate democrats stay out of the capitol, that they will be able -- they will essentially take off the table this refinancing of $165 million. they just put out a release moments ago, governor walker's office, in which he said senate democrats came this will slow down the process so the public had enough time to learn about the budget repair bill but if it was their true intention they have been successful. now they have one day to return to work before the state loses out on the chance to refinance debt, saving taxpayers $165 million this fiscal year, failure to return to work and cast their votes will lead to more painful and aggressive spending cuts in the near future. this is the senate democrats' 24-hour notice. that development, just in the past few minutes, essentially the line in the sand from governor walker. jenna: so as we move towards these scenarios that the governor is putting out there, layoffs, for example, or as some are putting it, and as the president put it, bret, union busting, we see this fight go on for the next several month, do you see a tipping point where the president would have to step in, where we would have to get involved just to show some loyalty to his base, strong support from the unions, that is? >> yeah, i think if you wanted to do that, he could do that, yet, i just don't think the politics are shaping up to do that, because the actions of the white house and the statements from the white house seem to indicate that they are trying to pull back from this, despite the president's initial statements to that tv station in wisconsin. so i think if this ends up in layoffs, you're going to see a lot of blame going around, and the going bet is that governor walker will continue to press forward legislatively and will have the votes to get what he wants done and if the president chooses to get into that, that would be an interesting step. jenna: and as we know it, no one really knows who the winner or loser will be in this debate as this story continues to really ferment on both sides. bret, a quick final thought on how this leads up to 2012. politico came out with an article that essentially paints this picture, that no one wants the fight with the president now, that his approval ratings are good, he's doing all right, he doesn't really have to get involved in these spicey issues right now and doesn't want to because he's sitting pretty. do you have the sense based on your reporting that the presidents don't really want this fight and that there is really no gop contender for 2012? >> listen, the gop has -- there are a lot of folks who have not thrown their hat in the ring as of yet but it will take shape soon and anyone who writes or says that the president is automatic in reelection is really speculating. a lot can happen between now and then. obviously, a president is well-positioned whenever he's running for reelection, just because the power of being the incumbent, but if the economy doesn't shape up, if some other world event out there develops that the public doesn't believe the president is leading on, there's a lot of time between now and then for republican opposition to gain strength and to make 2012 a really interesting election. jenna: good to be reminded of that, but thank you very much. bret is going to have all the latest developments on special report. hey, the story is going to be different by 6:00. 11:00, it's going to be different, and by 6:00 p.m., it's going to be different, obviously it will be different by 2012. jon: antigovernment protests are raging across the middle east, rallies in tunisia, yemen, bahrain, but the hot spot is libya, where hundreds of protestors are marching in the capitol of tripoli and according to news reports, security forces are firing into the air to disperse the crowd there. today, calls from secretary of state hillary clinton, for the world to hold mommar qaddafi's regime accountable for atrocities allegedly committed hurg these protests, now comes words that diplomats may be working on ordering a no fly zone over libya. jonathan hunt streaming live from the libya-tunisian border for us. jonathan, president obama's protests seem to pose something of a challenge. >> they certainly do seem to pose something of a challenge, jon, but the battle for the future of libya seems to be something of a stalemate right now. obviously, the antiqaddafi forces control most of the eastern half of the country and they have taken control of a couple of cities in the west, but only a couple, and in both of those cities, it is really only the very center of both cities that they war, the town of zawir is critical to this battle, 30 miles west of the capitol, tripoli, and the protestors do control the center of that city, but pro qaddafi forces, army, mercenaries, militias have gathered outside that city and it appears there will be a battle for control. who wins there may determine what happens in the immediate area, if protestors take control and beat back the pro qaddafi forces they will be emboldened, if the pro qaddafi forces with take back zawiya, he will cling to power as we've seen him -- seen him doing. meantime there is a growing humanitarian problem along the tunisian-libyan border, 60,000 refugees have come across this border in the last five days, tunisiaan authorities e doing what they k. the army is trying to maintain order, red cross has been here from the very beginning providing shelter, some food, some water. now, finally, united nations humanitarian aid officials are here and one from the european commission. i spoke to one of those officials earlier today about what they can do to prevent this problem from becoming a crisis. listen: >> it is definitely a very difficult situation here. and this is why international communities are going to step in to help tunisia with this situation. >> do you think they're stepping in quickly enough? >> while we're talking, things are happening. obviously, it's never quickly enough. >> reporter: certainly it has not been quickly enough for the thousands who have come across this border and at this hour, jon, continue to stream across. we are told that on top of the 60,000 who have already crossed, there is something like another 20,000 just to my left on the libyan side of the border, waiting to get in. and as the violence continues, particularly in northwest libya and in tripoli itself, that number will only rise. and this humanitarian problem could very easily, very quickly, become a very bad crisis. jon? >> >> reporter: jonathan hunt from the border of libya, streaming to us live. jonathan, thank you. and this fox news alert. pentagon spokesman is reporting that the united states is repositioning its military forces in the area around libya. they say that they have planners working, making contingency plans and repositioning forces to be able to provide flexibility once decisions are made. that according to colonel david lappan, a pentagon spokesperson. there are intern national demands intensifying, of course, for an end to mommar qaddafi's rule. i think you can read between the lines that naval forces are going to northbound the seas off the northern coast of libya in case the united states decides that some kind of military force or perhaps the military rescue might northbound order. we'll keep an eye on it for you here on the fox news room. jenna: we'll talk to peter brooks about that, former deputy assistant under the secretary of defense. so he'll be good to ask a little about what does that mean. military action or not. decision day, in a very bizarre case, it involved a pizza delivery guy with a bomb strapped around his neck who died claiming he was forced to rob a bang. tv cameras captured this horrifying scene. there he is. now a woman convicted in the case learns her sentence. we're live at the breaking news desk with that. also antigovernment protestors in libya, with the country's security forces taking action against civilians, that's leading to new reports of atrocities, is the international response enough right now? we'll go in depth on that. in the meantime see which stories are clicking with you, go to the most red tab, fox news.com, your other news source. we'll be right back. jenna: a knox news alert, to cleveland, ohio where you're seeing the effects of this wild weather across the east. what you're seeing on your screen is flooding from the heavy rains, but also the snow that's melting in the area. also, thunderstorms have really affected this area of cleveland, ohio. in fact, the entire area that our affiliate there, fox news eight covers, is under a flood watch or having separate flood warnings in the area. if you see in the middle of your screen on that bridge right there, it looks like somebody talking on his cell tpoerpbgs that's pretty scary, that river, you can only assume it's not that high when there's -- when there's not this type of weather in that part of the country. but we're seeing, again, thunderstorms in many different states, reports of tornadoes. we'll keep you up to date as we hear more, but again, severe flooding in cleveland, ohio. jon: well, it is sentencing today in a bizarre bank robbery case in pennsylvania that wound up in murder. remember the pizza delivery man who died when a bomb strapped to his neck exploded as television cameras were rolling? today a woman convicted in that 2003 bank robbery is scheduled for sentencing. rick folbaum is following this >> reporter: no doubt one of the strangest cases we've followed over the last ten years or so, who can forget the story of the pizza delivery man, sitting in tpr-pbt of the car -- in front of the car, telling his the bomb was going to go off. take a listen: >> i don't have a lot of time, he said. >> police wanted to talk tom. brian wells, about a bank robbery he pulled off, but he told them he had been set up and the bomb he was wearing would go off and soon. and then it did. on live tv. but that was only the beginning of the mystery. it took four years, but police finally pieced together a plot that weld -- that wells, the delivery man, was in on to a extent. police say he was part of the robbery scene but didn't realize he would be wearing an actual bomb, that, prosecutors say, was the work of four other people, including 61-year-old marjorie deal armstrong, prosecutors say deal armstrong came up with the plot in aoerd to raise money for another crime she wanted to pull off, a murder for hire of her own father. deal armstrong is already in jail, serving 20 years for the murder of a boyfriend, a crimesy says that she was mentally ill when she committed. she says she played no role in the pizza delivery man murder in 2003, but a jury didn't buy it, finding her guilty of armed robbery, conspiracy and using a destructive device, she face as mandatory sentence today of life in prison. so finally, jon, a case closed on a crime that people will be talking about for years to come. back to you. jon: rick folbaum, that was a strong one, thank you. jenna: getting breaking news out of libya, we have that and those developments straight ahead. plus this, new fears terrorists could try to blow up greaters heading into u.s. ports. there may be a new way to neutralize this potential threat. how their harbor shield, researchers have developed, how that system works, just ahead. jon: a fox news alert. we're going to take you to the state dining room of the white house. that's president obama, who is meeting along with the vice president and the vice president's wife. they are meeting with a group of governors from both parties. you can imagine that those governors have a number of concerns, especially about medicaid expenses, which are really causing problems in states all over the kufpblt let's listen in to just a bit of what the president has to say: >> -- the answer is where will the new jobs come from, what will the new sources of economic growth be, and how can we make sure that the american dream remains a reality into the 21st century. now, in the short term, we came together here in washington at the end of last year, and enacted tax cuts that are already making americans' paychecks bigger and are allowing businesses to write off maintenancor investments. these are tax cuts and changes in the tax credit system that are goi to spur job creation and economic growth and i'm proud that democrats and republicans work with each other to get it done. in the long term, however, we need to address a set of economic challenges that, frankly, the housing bubble, largely papered over for almost a decade, we now live in a world that's more connected and more competitive than ever before when each of you tries to bring new jobs and industries to your state, you're not just competing with each other but you're competing with china, with india, with brazil, you're competing with countries all around the world. and that means that we as a nation need to make sure that we are the best place on earth to do business. we need the a skilled and educated work force, commitment to cutting edge research and technology, and a fast and reliable transportation communications network. that's how we're going to bring new jobs to america and that's how we're going to win the future. making these necessary investments would be hard at any time, but it's that much harder at a time when re -- resources are scarce. after living through a decade of decifits and an historic recession that made them worse, we can't afford to kick the can down the road any longer. so the budget debate that we're having is going to be critical here in washington, and so far, most of it's been focused almost entirely on how much of annual domestic spending, what the parlance we call domestic discretionary spending, that we should cut. there's no doubt that cuts in discretionary spending have to be a part of the answer for decifit reduction. that's why as a start i've proposed a five-year spending freeze that will reduce our decifit by $400 billion. the budget that i sent to congress cuts or eliminates more than 200 federal programs. and it reforms dozens of others from health care to homeland security to education, so that rather than throwing money at programs with no accountability or measured result, we're committed to funding only those things that work. all told the budget -- budget cuts i've proposed will bring domestic spending to its lowest share of the economy since dwight eisenhower. let me repeat that. under my budget, if it were to be adopted, domestic discretionary spending would be lower as a percentage of gdp than it was under the nine previous administrations. including under ronald reagan's. but we know that this kind of spending, domestic discretionary spending, which has been the focus of complaints about out of control federal spending, makes up only about 12 percent of the entire budget. if we truly want to get our decifit under control, then we're going to have to cut excessive spending wherever it exist, in defense spending, and i have to say that bob gates has been as good a steward of taxpayer dollars when it comes to the pentagon as just about anybody out there, but we're going to have to do more, and in health care spending on programs like medicare and medicaid, and in spending through tax breaks and loopholes. that's going to be a tough conversation to have. but it's one we need to have. and it's one i expect to have with congressional leaders in the weeks to come those of you who are in this room obviously are on the front lines of this budget debate. as the recovery act funds that saw through many states over the last two years are phasing out and as undeniable that the recovery act helped every sickel -- single state represented in this room manage your budgets, whether you admit it or not, you face some very tough choices at this point on everything that schools to prisons to pensions. i also know that many of you are making decisions regarding your public work forces and i know that difficult that can be. i recently froze the salaries of federal employees for two years. it wasn't something that i wanted to do, but i did it because of the very tough fiscal situation that we're in. so i believe that everybody should be prepared to give up something in order to solve our budget challenges, and i think most public servants agree with that. democrats and republicans agree with that. in fact, many public employees in your respective states have already agreed to cuts. but let me also say this. i don't think it does anybody any good when public employees are denigrated or vilified or their rights are infringed upon. we need to attract the best and the brightest to public service. these times demand it. we're not going to attract the beth teachers for our kids, for example, if they only make a fraction of what other professionals make. we're not going to convince the bravest americans to put their lives on the line as police officers or firefighters if we don't properly reward that bravery. so yes, we need a conversation about pensions and medicare and medicaid and other propositions that we've made as a nation. and those will be tough conversations, but necessary conversations. as we make these decisions about our budget going forward, though, i believe that everyone should be at the table, that the concept of shared sacrifice should prevail. if all the pain is borne by only one group, whether it's workers or seniors or the poor, while the wealthiest among us get to keep or get more tax breaks, we're not doing the right thing. i think that's something theand republicans should be able to agree on. now, as we begin to get our budgets under control, the other thing we can't do is sacrifice our future. even as we cut back on those things that didn't add to growth or opportunity for our people, we have to keep investing in those things that are absolutely necessary to america's success. education, innovation, infrastructure. on education, our approach has been to partner with you not for more flexibility in exchange for better standards, to lift the cap on charter schools, to spur reform not by imposing it from washington, but by asking you to come up with some of the best ways for your state to succeed. that was the idea behind raise to the -- race to the top, you show us the best plans for reform, we'll show you the money. we're also working with you and with congress to fix no child left behind, with a focus on reform, responsibility, and, most importantly, results. and we're trying to give states and schools more flexibility to reward good teachers and stop making excuses for bad teachers. because we know that the singlemost important factorna child's success other than their parents is the man or woman at the front of the classroom. and i had a chance to see this recently. i went over to parkville middle school in maryland, where engineering is now the most popular subject, mainly thanks to some outstanding teachers who have inspired students to focus on their math and their science skills. so we know teachers can make a difference and we want to help you have the very best teachers in the classroom. we also have to invest in innovation. in american research, in technology. in the work of our scientists. engineers. and in sparking the creativity and imagination of our people. now, a lot of this, obviously, is done in the private sector. but as much as the private sector is the principal driver of innovation, it's often hesitant to invest in the unknown, especially when it comes to basic research. historically, that's been a federal responsibility. it's how we ended up with things like the computer chip and the gps. it's how we ended up with the internet. it's also how a lot of your space states are already attracting jobs in the future. i went to wisconsin a few weeks ago and visited a small town company called orine that's putting hundreds of people to work, manufacturing, energy efficient lights in a once darkened plan. they benefitted from federal research. in ohio and pennsylvania, thanks in part to federal grants, i saw universities and businesses joining together to make america a world leader in biotechnology and in clean energy. and if you have any doubt about the importance of this federal investment in research and development, i would suggest that you talk to the cutting edge businesses in your own state they will tell you that if we want the next big breakthrough, the next big industry, to be an american breck through, american industry, then we can't sacrifice these investments in research and technology. the third way that we need to invest is in our infrastructure. everything from new roads and bridges to high-speed rail and high speed internet. projects that create hundreds of thousands of private sector jobs. and i know that in some of your states, infrastructure projects have garnered controversy, sometimes they've gotten caught nup partisan politics. this hasn't traditionally been a partisan issue. lincoln laid the rails. during the course of the civil war. eisenhower built the interstate highway system. both parties have always believed that america should have the best of everything. we don't have third rate airports and third rate bridges and third rate highways. that's not who we are. we shouldn't start going down that path. new companies are going to seek out the fastest, most reliable ways to move people, goods, and information, whether they're in chicago or they're in shanghai. and i want them to be here in the united states. to those who say we can't afford to make investments in infrastructure, i say we can't afford not to make investments in infrastructure. we always have had the best infrastructure. the notion that somehow we'd give up that leadership at this critical juncture in our history makes no sense. just ask folks that i met up in market, michigan. i was talking to richard schneider about this, in the upper peninsula, a town of 20,000 people, far away from the hustle and bustle of places like detroit or grand rapid, but because of the wireless infrastructure that they had set up, they've now got the local department store, third generation family-owned department store, has been able to hook up with the university and have access to wireless, and they are now filling two-thirds of their goods online. they're one of the 5000 fastest growing companies in the area, up in the upper peninsula, because the infrastructure was in place to allow them to succeed. you've got kids in schoolhouses in even more remote areas who are able to plug into lecture and science fairs anywhere in america, because of the infrastructure that was set up. that's a smart investment for every state to make. and the federal government wants to be your partner in making those investments. these are the kinds of investments that pay huge economic dividends in terms of jobs and growth, they are the fundamentals that allow some states to weather the economic storms better than others. they're the fundamentals that will make some states better positioned to win the future than others. these investments are not just critical for your state's success, they're critical for america's success, and i want to be a partner in helping you make that happen, which brings me to the final topic that's going to help us determine our ability to win the future, and that's getting control of our health care costs. now, i am aware that i've not convinced everybody here to be a member of the affordable care act fan club but surely, we can agree that for decades, our governments, our family, our businesses watched as health care costs ate up more and more of their bottom line. there's no disputing that. that didn't just happen last year, didn't just happen two years ago, it's been going object for years now. -- on for years now. we also know the biggest driver of the federal debt is medicare costs. nothing else comes close. we could implement every cut that the house of representatives right now has proposed and it would not make a dent in our long term budget. it wouldn't make a dent in our long term deficits. because of health care costs we know it's one of the biggest strains in your state budgets. medicaid. and for years, politicians of both parties promised one thing: real retch. everybody talked about it. well, we've decided to finally do something about it. to create a structure that would preserve our system of private health insurance, would protect our consumers from the worst abuses of insurance companies, would create competition and lower costs, by putting in place new exchanges run by the states where americans could pull together to increase purchasing power and select from various plans to best choose -- to choose what's best for them, the same way members of congress do, the same way that those who are lucky enough to work for big employers do. and the fact is that the affordable care act has done more to reign in rising costs, make sure everyone is buy -- can buy insurance and attack the federal decifit than we've seen in years. and that's not just my opinion. that's the opinion of the congressional budget office. nonpartisan, the same one that puts out numbers that when it's handy to go after me, people try to say boy, look at these unless. so they're saying we're saving a trillion bucks because of this act on our health care costs. otherwise, it would be a trillion dollars more in the red. that's something that we should build on. not break down. that doesn't mean that the job of health care reform is complete. we still have to implement the law. and we have to implement it in a smart and nonbureaucratic way. i know that many of you have asked for flexibility for your states under this law. in fact, i agree with mitt romney, who recently said he's proud of what he accomplished on health care in massachusetts that supports giving states the power to determine their own health care solutions. he's right. alabama is not going to have the same needs as massachusetts or california or north dakota. we unable that flexibility. so right now, under the law, under the affordable care act, massachusetts and utah already operate exchanges of their own that are very different. operate them in their waepb --o in their own way and we make sure that the law allows that. the same applies for other requests, like choosing benefit rules that meet the needs of your citizens or allowing for consumer-driven plans and health savings accounts. and this recognition that states need flexibility to taeurl their approach to their unique needs is why part of the law says that beginning in 2017, if you can come up with a better system for your state to provide coverage of the same quality and affordability as the affordable care act, you can take that route in step. that portion of the law has not been remarked on much. it says by 2017, you have a better way of doing it, help yourself. go ahead. take that route. now, weeks ago oregon senator ron wyden, a democrat and massachusetts senator, scott brown, a republican and louisiana senator, mary landrieu, proposed legislation that would accelerate that provision so it would allow states to provide for such a waiver by 2014 instead of 2017. i think that's a reasonable proposal. i support it. it will give you flexibility more quickly while still guaranteeing the american people reform. if your state can create a plan that covers as many people as affordably and comprehensively as the affordable care act does without increasing the decifit, you can implement that plan. and we'll work with you to do it. as i've said before, i don't believe that any single party has a monopoly on good ideas and i will go to bat for whatever works, no matter who or where it comes from. i also share your kpwerpb medicaid. i know this has been a topic of conversation over the last couple of days. we know that over half of all medicaid costs come from 5 percent of enrollees. many of whom are what's called dual eligibles, seniors in medicare, as well as in medicaid. the affordable care act helps address this by changing the incentives for providers so that they start adopting the practices that will work to reduce costs while improving kault quality, but we understand the pressure you're under, we understand we've got to do more. so today, and i mentioned this to christine last night, i'm asking you to name a bipartisan group of governors to work with secretary sebelius on ways to lower costs and improve the quality of care for these americans, and if you can come up with more ways to reduce medcade costs while still providing quality care to those who need it, i will support those proposals as well. so here's the bottom line. once fully implemented, i'm convinced the affordable care act will do what it was designed to do. cut costs, cover everybody, and the worst abuses in the insurance industry, and -- end the worst abuses in the insurance industry, and bring down long term deficits. i'm not open to refighting the battle over the last two years or undoing the progress that we've made. but i am willing to work with anyone, anybody in this room, democrat or republican , governors or members of congress, to make this law even better. to make care even better. to make it more affordable. and fix what needs fixing. part of the genious of our founders was the establishment of a federal system. in which each of our states serves as a labratory for our democracy. through this process, some of the best state ideas became some of america's best ideas. so whether it's through race to the top or improving the affordable care act or reforming the way that we approach social programs by ensuring that spending is tied to success, our approach has been to give you the flexibility that you need to find your own innovative ways forward. in fact this week i'm issuing a presidential memoranduma instructs all government agencies to follow this flexible approach whenever the law allows. but even as we preserve the freedom and diversity that is at the heart of federalism, let's remember that we are one nation, we are one people, our economy is national, our face are intertwined. today we're not competing with each other, we're competing with other countries that are hungry to win new jobs, hungry to win new industries. i'm confident we will win this competition. as long as we're fighting together. and i know that whatever our differences, you share that goal. so you've got a partner in the white house to make this happen. and i hope that this becomes the start of a productive and serious conversation going forward. one that i want to start by answering some of your questions. thank you very much. >> [applause] >> thank you. >> [applause] >> thank you. all right. jon onand as the feed goes dark, we are watching president obama there speaking to a bipartisan group of governors, democrat and republican governors there in the state dining room at the white house, hearing the president speak, it was interesting -- it was interest, there was a front page story in the "wall street journal" about how states are going broke, essentially, under the medicaid program, a huge problem for them, and the president's new health care plan, according to the journal, the health care plan is dumping even more medicaid cases into the state budget. they're going to have problems paying those. the president said he is willing to listen to suggestions as to how to improve medicaid, but undoing his health care plan is not one of them that he is open to listening to. so you can imagine the questions might get a little heated there, but the -- for the president from some of the governors in attendance at the white house today. jenna: we also have a fox news alert on the big story happening oversaerbgs new reports now that the u.s. military is repositioning itself in the area around libya. in the meantime, we're getting reports of new protests in the heart of sicily, reuters reporting 400 protestors were dispersed from the libyan capitol, a gun wielding government crew, this as the international community turns up the heat on qaddafi, the e.u. issuing travel abandons and assets freezes and arms embargo, there's a discussion about a no fly zone over libya. secretary of state hillary clinton is speaking in again kwraoef and we're monitoring developments from her address. peter brooks is former deputy assistant secretary of defense under george w. bush and also a fellow at the heritage foundation. peter, again, we just heard this from the u.s. military, repositioning itself, we heard from secretary clinton that nothing is off the table. how do we need between the lines there, what does that mean? >> i think they're looking at a full court press, if you buy into the administration's story about the need to get out american civilians before they put real serious pressure on the regime, the qaddafi regime. this all makes sense. you need to let them knee we are repositioning our forces, and of course, that's very symbolic, that tells qaddafi there are potentially very very strong measures at hand. they've been to the united nations for polit cam and economic sanctions, hillary clinton is in geneva to talk with senior leaders there about libya. so i think they're really going to put a lot more pressure on the regime now for qaddafi to step down. jenna: what chance do you see of direct military involvement? >> i think we ought to be very cautious about that. jen kwrarbgs i'm not really sure who the opposition is. there are defective army units, there are former leaders. qaddafi regime, there are local groups, tribes. i'm not sure we ally -- ally ourselves with. the bill challenge is to figure out who the opposition is and what's likely to come next. i think we have to be cautious about military action or even supplying weapons to the opposition right now until we figure out who those people are. we don't want to replace qaddafi with somebody less friendly to the united states or create a situation where we might have a major violence between differing groups. so there's still a lot of home work to be done, a lot of things to be found out, but there is always a possibility -- you should keep all options on the table, political, economic, and military is one of those, if we need to act, we need to have forces in the region. jenna: that's a point to keep in mind, we need to -- we don't know who the opposition is. this issue of the no fly zone is one that's dividing countries and whether or not we do it. can you explain to us again what is a no fly zone, who it force necessary and what's involved in it. >> it would be used to fly air cover for groups on the ground or to protect the libyan military from taking to the air against people on the ground. for instance, military helicopters or jet fires that could drop bombs or spray people, this sort of thing and what you would do is prevent them from flying because they are a real game changer for folks on the ground, whether this he be innocent civilians or former libyan military -- former libyan military unit. so this is an issue where you would send perhaps u.s. aircraft, nato aircraft or even others to provide air cover and prevent the air from being used against people on the ground by libyan forces, so it's a very important concept, something that has to -- may have to be considered in the future, and something i'm sure that they're discussing at these major confabs around the world today. jenna: thank you very much, peter brooks, helping us sort through the breaking news in that region. thank you very much, and we'll be right back with more "happening now". jon: some new information for you, iran claiming it wants closer naval ties with syria, this occurring days after a sent two of its warships through the suez canal for the first time since 1979. would some kind of a naval alliance between iran and syria spell bad news for the u.s. and especially for israel? let's talk about it with international security expert jim walsh with the mit security studies program. jim, it is the first time that iran has sent these ships through the suez canal. why now? >> well, i think there are a couple of reasons. and they have more to do with politics than they do with security. iran is able to do this because they want to change the subject. they want to change the subject away from the problems they're having at home, the arrests, the suppression of the green movement, all of which has been very active in the last couple of weeks, the response to what's happening in the rest of the middle east. they want to pick a fight with israel because that makes them look good in the region and deflects attention from their own problems, and they like the -- they're a prideful country and they like to claim they're doing things they've never done before, so all of that together, again, more political than it is military or security. jon: but you suggest that israel didn't handle this controversy very well. >> well, you know, i can understand that israel doesn't want iranian warships in the mediterranean, but by threatening rand saying if you do this, we're going to respond harshly and then iran does it and then they can't respond and that makes them look weak. so i think tactically, what they should have done is downplayed it, rather than making a big deal out of t. not following through, then looking weak as a result of it. i think to say that this is not a big deal -- iran does not have a big navy, it's the smallest of their forces and it's not very big to begin with. they are not a threat. israel has a far better navy, saudi arabia has a far better navy and none compare to the u.s., so making a deal out of this essentially backfired. jon: like a parent ignoring a tantrum from a toddler. >> exactly. jon: jim walsh, thank you for your expertise. >> thanks jon. jenna: the international community is turning up the heat on gadhafi. we have a live report fromney ca libya, straight ahead. really? try it. 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[ male announcer ] cardboard no, delicious yes. - because it's completely invisible. - because it's designed to help me hear better. male announcer: introducing amp, a new kind of hearing aid, so tiny, it's invisible. female announcer: amp is comfortable to wear and easily removable. amp, the hearing aid for people who aren't ready for a hearing aid. male announcer: call: to find an amp hearing professional near you. only $1,500 a pair. everyone has someone to go heart healthy for. who's your someone? campbell's healthy request can help. low cholesterol, zero grams trans fat, and a healthy level of sodium. it's amazing what soup can do. jon: we are track being the developments on capitol hill as your legislators try to hammer out a deal to avoid a government shut down four days from now. i'm jon scott. jenna: i'm jenna lee. what is going to happen? step at democrats are close to backing a plan by the gop to extend a budget making a government shut down less likely, at least we offer this disclaimer for now. jon: the budget battle is all about politics. so if the government would stop running, which party might voters hold responsible? most people blamed the republicans for the last shut down but the hill has a new poll that shows this time around democrats apparently would catch most of the blame. bob cusack general manager of the hall joins us now. were you surprised by those polls. >> no i wasn't. 1995, 996 presidensurprisinglyds 23, maybe that is part of the reason why senate democratic leaders have lasik lee accepted what the house republicans have proposed. i think there will be some twist and turns here. nancy pelosi was so critical today of the house republican plan. i think some liberals, now that they are coming back into congress this week, they may balk at what senator reid has kind of embraced. jon: the continuing resolutions, the cr's as they are known that keep the government in operation for stop gap periods of times, a couple of months here, a few months there, is that any way to run a country, bob? >> this is washington jargon. they will be kicking the can down the road for two weeks, this is a short term deal so the government could be funded for two weeks. president obama has to sign it by friday. they have to come up with a comprehensive deal. we haven't gone into talking about raising the nation's debt limit. this is a short term resolution and as far as a long term prospects for a dial think it will be very difficult for the parties to come together. jon: interesting in the november elections and in the scott brownie hrebgs before that, you know, you saw signs of voter anger, clearly both parties are recognizing that, but you get the impression that neither one knows what to do about it exactly. >> that's right. and when you think about all the amendments that have to be dealt with. remember in the $61 billion bill the big bill that they have to agree to that will fund the rest of the fiscal year house republicans have a lot of amendments on defunding healthcare reform, on abortion, very controversial things that senate democrats don't want to go along with. even though they may have a deal this week as long as a long term deal they are a long way off. jon: bob cusack is the managing editor of the hill. thanks for being our guest. jenna: what we're hearing about a danish family kidnapped by somali pirates. this story has been developing throughout the morning. as we understand it now seven people are on board this danish yacht that apparently was hijacked by somali pirates on thursday. three children on board ages 12 to 16. no word yet on where this yacht is, if it has or has not reached somalia. that's what danish authorities told us earlier that it was headed in that direction. more information as we get it. pressure mounting on libya's regime today as western powers announce new sanctions as well as plans to send human tan yan aid. while qaddafi stands firm we are getting new images believed to show people near the border. we are getting a lot of new video in, sometimes we don't know exactly where it's from. we want to show it to you so you can see what it looks like inside the country. erupting cheers from the crowd when the statue comes crashing down and standing on top of it. leland vittert is streaming live. >> reporter: good evening, jenna. as we get into the next few days of the civil war both side are taking on defined battles. here in the east the rebels on the west the progovernment forces in the middle we have ma'am mature video coming in and you can see the destruction these rebels caused as they went through the airport trying to destroy airplanes and other types of equipment that may be used against them as this civil war continues. the government forces, these proceed qaddafi folks really dugging in and are using an exceptional amount of violence. they are trying to come up and come into tripoli. earlier today i was at one of those bases, i talked to a soldier who decided he was going to defect from the libyan army to the rebels. he said to me he was willing to give his last drop of blood to finally kick qaddafi off after 41 years. this is going to be a possibly very long and bloody fight, back to you. jenna: leland vittert showing us brand-new images from eastern libya, thank you. jon: it was two years ago that president obama promised a group of 9/11 families swift and certain justice for their loved ones, most of the gitmo detainees, including khalid sheikh mohammed have not face eud trial. catherine herridge live for us in washington with more on that for us. >> reporter: there have been so many delays in the 9/11 case that right now no one is charged with the murder of nearly 3,000 americans. two years ago this month the president met with the 9/11 families and other victims of terrorism at a special meeting in washington. >> one of the first things he told us was that we were the conscience of the country and that he wanted to give us swift and certain justice. >> reporter: that same phrase, swift and certain justice was used by the white if it's own press release after the meet for example. with no timetable for a trial hamilton petersen who lost his father and step-mother on 9/11 says the families feel brie trade. >> at a minimum i would say we were mislead. >> reporter: he asked three times for comment but a white house spokesman declined. guantanamo bay is not closed. a major human rights groups agreed. >> congress has imposed restrictions irresponsibly on the administration. the detainees need to be tried in federal court. >> reporter: lee and eu tpheurbgs ce hansen lost their son, daughter and law and granddaughter on 9/11. in the spring of 2009 they went to a similar meeting with the justice department. >> a lot of people come up to me and say where are these people going to be tried? i have to sit there and say i really don't know. >> i don't know how many years i've got left. i would like to she some justice before i pass on. >> reporter: retired new york city firefighter robert read who was injured on 9/11 says the obama administration is putting the rights of terries ahead of victims like those who lept from their deaths from the burning towers. >> if i close my isaac see those people jumping . their raoeurts being superseded by the rights of war criminals. to me it's outrageous. >> reporter: as twice for comment on held der's conversation a justice department spokesman also declined to comment. they met with a half dozen lawmakers, among them lindsey graham. he said he will do what he can to get them before military commissions. it was two years this month the families spent with themselves and the president promised them swift justice, jon. jon: new developments on america's response to the crisis in libya. the u.s. military is on the move in that region. a live report minutes away. do you live in a major city? if not you could be missing out. one harvard professor says cities 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[ female announcer ] with aarp you get so much more out of life. call now to get the latest issue of our award-winning magazine absolutely free and discover the best of what's next. jon: just a short time ago secretary of state hillary clinton discussing the turmoil in libya. she is in geneva switzerland meeting with the united nations human rights council. she is arguing it's time for muammar qaddafi to go and says something is off the table as long as the regime threatens and kills its own people. let's talk about it with ari flitcher. there is all this dithering at the white house whether to impose a no-fly zone over libya where muammar qaddafi has apparently told his own air force to go in and strafe the people protesting against them. >> we as a moral nation we will forever kick ourselves if there is a massacre of people just like there was in iraq after the 91 war, with helicopters, with gun ships in the street as qaddafi takes one last thing. this is a moral thing to do, it's not military it's mobile. jon: i were president obama i would yu-na laterally announce that the united states is going to enforce a no-fly zone. >> reporter: we don't even need to do it euna laterally. i think here we would have the world with us and the united kingdom with us and france with us. they have aircraft carriers. it amazes me we haven't taken this step. the president has been very slow in his reaction. he was much better with egypt. i don't understand why waoes doing what he's doing. jon: other pilot saw aircraft were strafing some of their own civilians and high tailed it out from libya to ask for asylum. >> reporter: we can help a bloody disaster and be a hero to the libyan people. jon: wouldn't it be good for president obama from a world side prestige standpoint and the american voter. >> reporter: and morality. america has the strength, we almost uniquely can prevent absolute ters from taking place, and if this happens in libya, we will know we could have had a no-fly zone. there is still time to do it. jon: president reagan sent fire plains into bomb his compound. >> reporter: i didn't get him out of the terrorism business but -- he did commit the lockerbie tragedy. i wish president obama would show some more of what reagan did. jon: in your view he's not handling libya as well as he did egypt, why do you think that is. >> reporter: i think in egypt his approach was slow and steady. we had an american ally, someone who was keep the peace with israel. we needed him slowly to leave. in the case of qaddafi we should have said he immediately has to go. america cannot and should not dictate events around the world. we ab today duct morality and leadership. i think the libyan people could have looked at president obama for hope, inspiration and some sort of protection. they'll carry this out their own way but we shouldn't let them slaughter everybody doing it. jenna: coming up, why you should stop trying to bring your child's fever down. that's right, we'll explain thatment plus a reporter becomes part of the story. >> hey, stop, man. jenna: that's not the way to do it, right? what set off this knock down drag out fight and how it ended. as governments fall one by one across the middle east. there is a big question out there, where is al-qaida in all of this? why this revolution some say could bring down the terrorist group. we explain just ahead. # [chanting] [ male announcer ] this is lara. her morng begins with arthritis pain. that's a coffee and two pills. the afternoon to begins with more pain and more pills. thevening guests arrive. back to sore knees. back to more pills. the day is done but hang on... her doctor recommended aleve. just 2 pills can keep arthritis pain away all day with fewer pills than tylenol. this is lara who chose 2 aleve and fewer pills for a day free of pain. jenna: when your child has a fetch srer, or a young person has a fever, what do you do? it's enough to panic anyone. at the very least start medicine or rush to the doctor. a new report from the american academy of pediatrics says this. chill out, stop the fever tpoeb yeah, don't rush for the treatment right away. seeindr.~marc siegl is here wit. they say of course they are going to give their kids tylenol as soon as they have fever. >> reporter: they are wrong. the journal of pediatrics very reputable, looked at studies in the past, here is what we found out. we are too quick to treat a fever when a fever is fighting off infection. it rest of up the immune system and it helps you fight bacteria and viruses. little kids need that fever. past a certain point. jenna: what would that point. >> reporter: it's certainly higher than a hundred .4. jenna: my child had 103, 104 that is the time to react? >> reporter: you have to treat the condition not the fever. this study said parents are too quick to wake up the eud in the middle of the night. jenna: you're nervous, they are burning up. >> reporter: if the baby or child is comfortable. i said baby, under three months old it's different. under three months old you want to get that fever down. jenna: when you see a twomonth-old with a little bit of a temperature. >> reporter: you want to get that down. a tiny infant with a fever you should be in touch with a pediatrician. over 3 years old the virus may be causing the fever. jenna: it's so hard to stand by. >> reporter: here is the problem, multiple studies have shown that we over treat. it's okay to give tylenol or motrin every four to six hours but then we give cold medications and you're getting superimposed one on the other, you end up with an overdose. a keith toacetomeniphen can be o the liver. keep your kids well hydrated. look for changes in behavior, look for the fact that the kid is getting sicker not the fever itself. jenna: we'll chill out a little bit on the fever. >> reporter: let's reaction on the fever. >> dr.~marc siegl thank you very much as always. jon. jon: we are seeing political upheaval in the middle east, toppling regimes like dominoes, ordinary citizens getting out into the streets to demand a better life. for years it was al-qaida plotting changes, now it's happening without terrorism groups playing no role. we have a senior fellow from middle eastern studies at the council on foreign relations. al-qaida, as some of these articles are pointing out is not really playing a role in bringing down the government, for instance of hosni mubarak in egypt. >> it's true everywhere. people are not asking for the product they are selling extremism. they are asking for freedom, liberty, the kind of words that we use not what al-qaida uses. they make fun of democracy, they condemn democracy . but that's what the people are asking for. jon: does it open up an opportunity for the united states to shut the door on al-qaida maybe once and for all? >> it opens an opportunity for al-qaida too. they are kind of like a hotel burglar going down the hall trying all the doors to see if one is open. where there is turmoil and instability they may find they can get in some place but it certainly does, you're right it hospitals an opportunity for us because what we stand for most of all, our principles, our practices for more tha are whaty want. jon: in countries like lebanon you have hezbollah taking car, that is far from a democratic organization, s-pb it. >> reporter: hezbollah is on our list of terrorists groups and rightly so. they are an antidemocratic group. they can't win an election there. they are willing to send troops into the streets. in 2008 that's exactly what they did. they didn't get their way, they sent their thugs into the street to make sure they could run the government. they have got control of the government of lebanon . the majority is s u.n. nian, christian and drus. hezbollah is the exception to this. and unfortunately lebanon is heading in the other direction. jon: cutter's prime minister is out with a statement today urging muammar qaddafi to get out, step aside. as you look down the road five years in the milt east what do you see coming out of all this turmoil? >> reporter: i think we can be optimistic. it's a little bit like what happened in latin america, some people stayed democratic, some like in venezuela did not. i think it will hard to say everyone will go in the same direction. they are looking for the kind of democratic structures that we stand for and have in the united states. i think this turn away from democracy is a really healthy thing. jon: your evaluation of how the white house is handling it. >> reporter: day late dollar short. they've awfully slow. slow in egypt, slow in 2009 in iran, slow in tunisia. slow now in libya. always behind the arabs, behind the europeans it's really not been a good performance. jon: elliott ab brames who was a national security adviser under george w. bush thank you. jenna: trouble in texas, wind-swept flames burning homes and everything in their path. now blamed these same fires for the death of a child. we have a live report from texas coming up. he's not clark kent but one reporter races to the rescue. we have the story just ahead. ♪ [singing] pwhrafp jenna: taking you now to west texas where a deadly wildfire swept across the land burning 110 acres, destroying nearly 70 homes and killing one saoeuld. kris gutierrez is live in texas. >> reporter: we can add another thousand acres to the acres burned. they are estimating now close to 120,000 acres have burned. can you imagine? we should also point out that in these rural areas that the first responders are often the volunteer firefighters, and if they come across something that they can't handle they call in the texas forest service. over the weekend the texas forest service responded to 25 fires in 15 counties. they tell me it is dry as a bone out there and extremely windy. near mid land parts of interstate 20 were consumed by thick, heavy smoke and that's where tragically a five-year-old girl was killed. she was riding in the back of a pickup that was hit by an 18-wheeler. two others were injured in what turned out to be an eight-car pileup. one firefighter was treated for second degree burns. more than a hundred homes evacuated. some people barely escaped, listen here. >> we made it over there where that white truck was at and they wouldn't let us pass it. they let us through and we just seen everything was on fire. this house was the one that caught on fire the most and everything with the wind went towards our side of the house. but we weren't in there, none of my kids were in there, my mother-in-law or we'd be all gone. we had just left for 20 minutes we were going. >> reporter: can you even imagine? i'm told that the air yell assets had to be grounded because wind gusts topped 70 miles per hour in that area. so far the fires aren't under control, still out of control and authorities say that they do not believe the fires was deliberately set. it appears to be accidental. back to you, jenna. jenna: what an incredible story. our hearts go out to the families. kris gutierrez keeping us up to date on what is happening in west texas, thanks. jon: as you know terrorists will stop at nothing to try to cause mayhem, and there are new fears that they could try to attach explosives to foreign ships that are pulling into u.s. harbors and then set off those explosives. now there is a brand-new plan that would avert or prevent this kind of attack. it's it's known as harbor shield. molly line is live for us in boston. tell us how it works, molly. >> reporter: this is new technology that will essentially allow harbor security officials to scan the bottom of hulls to book for bombs, drugs, to look for anything out of the ordinary that might be stuck on the bottom of a both. we know our harbors are vulnerable and major hubs of commerce. makes them ideal targets for terrorists. this is being tested in the tk*ets of the rhode island's narragansett bay. they select images ther from the passing vessels. they are sent back to a control station. they take a look in real time and determine if there is anything dangerous or anything stuck to the bottom of these boats. the project manager says this about it. >> the problem right now is the only way to scan a vessel is to stop it for safety reasons. you have to send a team divers under there, and it's disruptive to commerce, and dangerous for the drivers, they don't know what they are getting themselves into necessarily. what this does is it allows you to scan a vessel as it's passing through, and so you don't necessarily interrupt commerce and yet you're able to check for threats. >> reporter: this also has a safety factor involved this gives the drivers that would normally be checking out any funny business under the water beneath the sur ras i surface tt they'd be getting themselves into. jon: this doesn't solve all of the problems though, right. >> reporter: certainly not. there are multiple cargo units, ships from all over the world. here is jim walsh of the mit security program to talk about that. >> i think what we have to do is we have to be creative and play to our strengths. our strengths are technology and emerging technology in information processing we can do things with computers that we've never been dove. we have to imagine what the terrorist might do and close off many of those avenues as possible. >> reporter: this is still in the research and development phase and is being tested. if it is implement head it could be used in a variety of facilities, river ways, and places where there are a lot of ships going in and out. jon: molly line, thank you. jenna: a seattle police officer taking his city to task over the new way laws are being enforced. he did this in an orbg p ed piece. the ways the laws are being enforced apparently the officer is calling them socialist. dan springer has more on this. what prompted the officer to write this? >> reporter: well, jenna it's a big controversy out here hanna controversy that goes beyond seattle. it's a question that really cuts to the heart of it. should police departments are used as a means to prote social justice. city leaders in seattle says they can. and one cop steve popper says she should do their job in a color blind fashion. he points to one case, the way they handle driving with suspended licenses in the third degree, it's basically for people that have unpaid fines and the majority of people ticketed are african-americans. the city attorney decided that was racial injustice and cut the prosecutions by 90%. the officer calls that socialism n >> when somebody comes in with a policy like that that doesn't allow us to treat people with equal justice and promotes social justice we don't feel like we're allowed to do our jobs. >> reporter: he touched off this debate with an op ed piece in the newspaper entitled just shut up and be a good little socialist. jenna. jenna: what is the city trying to fix here? >> reporter: well, they have had a number of high profile cases of excessive force. they say that the department needs to be more proactive and progressive in the way they handle racial minorities and so they are going and not backing down from this race and social justice initiative. the city attorney says that he can do more to promote social justice. he wants to reduce misdemeanor sentences by one day in order to prevent the deportation of illegal immigrants who have been convicted of a crime. here is pete holmes. >> if we start to learn and understand that one of those institutional causes of racism is actually in the criminal justice system itself it's our obligation as prosecutors, as members of the bar to address it. >> reporter: so, jenna pete holmes is saying sut lee there are racial injustices built into the system. we need our police officers and prosecutors to take that into consideration. when we apply our laws this one officer pete pomper says we need to be color blind and apply the law equally to all. jenna: dan springer inee sat he will. we also have another story we have to share with our viewers. jon: yeah i can see you doing this. the reporter becomes part of the story when he jumps in to break up a right. shamri stone was working on a story when this happened. >> stop, man. you don't know what you're doing, man. you're going to hurt him, dude. [yelling] >> stop. jon: the guy who was throwing the punches is heard accused the other guy of trying to rob him. eventually he leaves the area, the guy who was hit was not seriously hurt. stone has a great story to tell. jenna: you can see him flying over the benches there, separating the guys. jon: that would be you. jenna: i don't know, i don't know. attention inventors for the first time since the invention of mr. potato head, that was a good one, congress is about to change the patant code. could give a shot in the arm to the economy. we'll tell you about that coming up. how long could you stay in a car with a significant other and stay married. try five days and four nights. we'll talk with a washington couple stranded in the new, how they survived and how they got out. ♪ when we're hungry, love will keep us alive. ♪ i would die for you. t greaterk of a heart attack or stroke. plavix helps protect people with acs against heart attack or stroke: people like you. it's one of the most researched prescription medicines. goes beyond what they do alone by helping to keep blood plelets from sticking and forming dangerous clots. plavix. protection against heart attack or stroke in people with acs. [ female announcer ] plavix is not for everyone. certain genetic factors and some medicines such as prilosec reduce the effect of plavix leaving you at greater risk for heart attack and stroke. your doctor may use getic tests to determine treatment. don't stop taking plavix without talking to your doctor as your risk of heart attack or stroke may increase. people with stomach ulcers or conditions that cause bleeding should not use plavix. taking plavix alone or with some other medicines, including aspirin, may increase bleeding risk, which can potentially be life threatening, so tell your doctor when planning surgery. tell your doctor all medicines you take, including aspirin, especially if you've had a stroke. if fever, unexplained weakness or confusion develops, tell your doctor promptly. these may be signs of ttp, a re but potentially life-threatening condition, reported sometimes less than two weeks after starting plavix. the one time of year red lobster creates so many irresistible ways to treat yourself to lobster. like our new lobster-and-shrimp trio with a parmesan lobster bake, our decadent lobster lover's dream with both sweet maine and buttery rock lobster tails and eleven more choices, each served with a salad and unlimited cheddar bay biscuits. come celebrate lobsterfest right now at red lobster. megyn: the white house said it was not fueling the union fires in wisconsin. we have got even our hands on evidence to the con traeur raoerbgs and it's on tape. michelle malkin will be here live. plus, have you heard the bernie maidoff tapes from bringings? he's actually feeling story for himself. will you when you hear them? speaking of tapes, charlie sheen all over the airwaves now ranting and raving about his employer cbs. dr. keith ablow joins us to react and put them into perspective. see you at the top of the 1:00. jenna: fox news alert more information coming out about that high jacking in the indian ocean by pirates we've been telling you about. one that includes a family kidnapping. rick, what do we know. >> reporter: we are learning a little bit more about this. this is a new wave of attacks it seems like on the part of these somali pirates, in a rare event where kids are involved, not the first time that it's happened, there was a french infant who was involved in a somali pirate kidnapping a couple years back. it doesn't happen often, these kids three of them 12 to 16 years old captured along with their parents and two other adult crew members. they were sailing in a yacht, the pirates evidently seeing a crime of opportunity, coming on board this ship. we don't know about the condition of the family, or of the two adult crew members who were on board, but there is a report coming out of denmark, this is a danish family, that this ship is on its way to somalia. there are a couple of other incidents we want to tell you about all happening at the same time, somali pirates hig hijacka greek i've owned cargo vest e. 23 people on board. it was crossing the arabian sea when the pirates came on board. and one out of panama, that crew making its way to safety after pirates rleased them late last week. they had been held captain since october by the pirates. we remember the story from just last week, four americans killed by somali pirates in a hostage standoff, the first time americans have been killed by pirates since the pirates stepped up their activities on the cease about six or seven years ago. jenna: a developing story we will watch, rick, thanks. jon: ever had a great idea, something you'd like to get patented. pay attention, there is a battle over patent reform shaping up on capitol hill. a bill in front of the u.s. senate would stream like the patent process. backers say the overhaul is long overdue that it will help create new,-paying jobs. critics say the new system would hurt the little guys. jonathan serrie live for us in atlanta. what kind of changes are we talking about here for the patent process. >> reporter: they are trying to address a huge backlog. usually the u.s. patent and trademark office has a backlog of 700 applications, each taking up to three years to go through the approval process, and by then you're invention may be opens hraoet. all though the patent office funds itself entire lee through application fees congress has been diverting millions of dollars in those funds to other federal programs over the year. the bill going before the senate this afternoon would allow the patent office to keep all the money it raises from the fees and invest that money in new equipment, and additional staff. listen. >> if we get patent reform legislation done and the uspto is set free, deficit neutral to go attack that backlog and put patents out so americans can create jobs i believe you're going to see at least hundreds of thousands, and over a period of kwraoer years, literally milf jobs created. >> reporter: think about the laser which now appears in everything from that barcode scanner in your supermarket to saoupblg cal equipment and imagine all of the jobs that that single invention has created in numerous industries. obviously bakers say streamlining the patent process could produce thousands, perhaps millions of jobs. jon. jon: it sounds like common-sense to me. i know this bill faces a lot of opposition. what is the debate about? >> reporter: it does indeed. one of the most controversial aspects of the bill is that it would begin awarding patents to the first to file for a patent instead of the current u.s. system which awards patents to the first to invent. some trade groups say this would force individuals and saul companies to waste time and money filing patents preempt lee before they seek outside funding or technical support or risk divulging their concept to someone else who might develop it and run to the patent office with it. others say it would protect small entities from costly legal challenges and make the whole process more objective and efficient listen to this. >> if we can reduce dependency, reduce the amount of time necessary to go from a great idea to a patent it will inevitably lead to more job creation and a stronger economy here in the united states. >> reporter: now similar attempts at patent reform failed in 2005 and following years but it's enjoying renewed interest as part of the obama administration's winning the future agenda, promising more jobs through innovation. jon. jon: jon than tha.jon: thanks. unemployment is hovering around 9%. many people think that is unreported with many people searching for work. if you want to learn more about speeding up the job creation process and what it means for you check out foxnews.com/aehq. jenna: up next a couple who survived four nights, five days in their car under two feet of snow with nothing except jelly beans and love they say. they are up next. plus, our big cities getting a bad rap? people complain about them being dirty, noisy and dangerous as well as expensive. our next guest says they are getting a bad rap. he says our citieses make us better, and healthier and happier. he's coming up. [singing] jenna: it's something out of a nightmare but stay with me. this ends well. a diabetic couple trapped by snow in their car for five days and four nights with nothing to survive on except jelly beans and love. you're seeing some inside shots of their car. it happened southwest of mount st. helens in washington state. john i'm going to start with you, i'm not assigning blame. we need to know how this happened. >> well, we had gone just for a drive to go -- we go for a drive once a week to have lunch, so we went up to cougar, and we had lunch and decided to just keep driving because my wife loves to have snow. so we went driving, had a new camera and wanted to take pictures. we just kept going. the snow kept getting worse, not really worse, it was packed snow. jenna: i have to stop you, pat kind of rolled her eyes when you said, well my wife likes snow. >> i do, i love it. [laughter] >> we are not going up there in the wintertime no more. i've got one good picture and that is enough. jenna: i mean what went through your mind when suddenly you realized, hey, we might be here for a little while. what did you think? >> well we can only take it a day at a time. okay, we're stuck here, we're going to have to spend the night. we'll have to work things out tomorrow. so we stopped worrying about it for the first night thinking things would be better for tomorrow. jenna: and john, tomorrow went into the next day and the next day and the next day, at a certain point did you get really scared? >> yes, thursday was probably my worst day. i was having anxiety attacks, couldn't hardly breathe. i think the thing that saved my wife the most from being not as worried as i was, every time i turned the car onto heat us up i could see the fuel just going lower and lower and lower and i think that's what put me into a panic is knowing that i'm going to run out of fuel. jenna: yeah, as you were saying it was getting lower and lower and you were going to run out of heat, you're packed around by snow, you had jelly beans but that's it. how did you get out of there? >> well, it was friday, it was about 3:30 in the afternoon, and i just happened to get out of the jeep, and i looked down the road, and here is this beautiful woman standing right in the middle of the road in front of a toyota truck, and she asked me he says, do you guys need help? oh, sure, i wasn't going to say snow. jenna: and so that couple goes ahead and is able to dig you out and you're able to go down the mountain. any tips? this happens to people, they get stuck. any tips for folks that are driving around writ is snowy and there could be the chance of bad weather? >> oh, yes, the first thing is always use a credit card. we had paid cash, and nobody had no idea where to come look, so my advice is always use a credit card, let somebody know where you're going. jenna: sure. >> really the most important thing, use a credit card. jenna: here is the real thing that people really have the questions for you guys about, which is, you know, you're trapped in the car with your spouse, some marriages might not last that, pat and john, did you learn something about yourselves that you didn't know before? do you have a greater appreciation? i know it's almost your anniversary. you guys are on national tv, you can tell each other anything you like. >> it made our love stronger. it made our love far stronger. and the pride we have in our family for what they did is unbelievable, in our three children. they were amazing, at the effort they put out to help find us. jenna: congratulations by the way on reaching literally your 39th year of marriage. we wish you a very happy anniversary. >> march 2 hand. jenna: we'll be thinking of you. >> march 2nd. jenna: pat and john. >> can i say one last thing? jenna: sure. >> the three people that saved us was luke, dan and tim, and these three people were more so than any good samaritan would ever do. they dug my jeep out for over two hours. jenna: it's good to be reminded of the good people in this world. we appreciate it john and pat. we will have to take a break. thank you so much for sharing the story. >> okay. jenna: thank you. >> thank you. this intervention brought to you by niaspan. so you cut back on the cheeseburgers and stopped using your exercise bike as a coat rack. that's it? you're done? i don't think so. you told me your doctor's worried about plaque clogging your arteries -- what did he call it... coronary artery disease. that cholesterol medicine he also wants you on -- niaspan? i looked it up online. hey, pete, you waiting for an engraved invitation? [ male announcer ] if you have high cholesterol and coronary artery disease, and diet and exercise are not enough, niaspan, along with diet and a bile acid-binding resin, is fda-approved not only to slow down pla now, i'm just trying to look after you. [ male announcer ] if you cannot afford your medication, call 1-877-niaspan. niaspan is not for everyone, like people with stomach ulcers, liver, or serious bleeding problems. severe liver damage can occur when switching to niaspan from immediate-release niacin. blood tests are needed to check for liver problems. tell your doctor if you have muscle pain or weakness; this could be a sign of serious side effects; this risk can increase with statin use. tell your doctor about alcohol use, if you've ever had gout, or are diabetic and experience increases in blood sugar. flushing, a common side effect, is warmth, redness, itching, or tingling of the skin. ask your doctor about niaspan. fight back. fight plaque. niaspan.

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