that nato forces pull back to military bases. he says he is outraged over the shooting rampage on sunday that left 1 civilians dead. the u.s. soldier accused in that attack was flown out to kuwait. karzai wants him tried in afghanistan. chief washington correspondent james rosen is live for us in washington. james? >> jon and jenna, good morning, upon landing in helmand province in south-central afghanistan aides to defense secretary president panetta were off-guard. in his session with car size, secretary panetta reaffirmed that the u.s. is conducting a full investigation of last sunday's shooting rampage and the suspected gunman now in custody will be indeed brought to justice. karzai was told to reporters accepted that. he also called for a swifter u.s. pullout. >> there is to doubt we're reaching into a critical juncture in our joint endeavor. and as far as we are concerned, we have always believed that the only sustainable way to secure afghanistan is to enable the after dance themselves. >> reporter: this further inflamed afghan sentiment following disclosure last month that copies of the koran had burned at the main nato base in country. u.s. policymakers had said critical efforts to defuse the situation that peace talks with the taliban continue quickly. that appears off the table. islamic emirate has suspended all talks taking place in qatar from thursday on warz until the americans clarify their stance on issues. until they show willingness in carrying out their promises instead of wasting time, end quote. finally the afghans outrage over the sunday shooting rampage led the fbi and department of homeland security to issue a joint bulletin to u.s. law enforcement agencies warning this incident could contribute to the growth of hves, homegrown violent extremists. meaning american citizens that carry out islamic jihad on u.s. soil. jon: james rosen. thank you. jenna: there is a lot to sort through there. let's bring in kt mcfarland. host of foxnews.com, live, defcon-3. there are a lot of different parts. start with karzai. the move by him saying forces have to withdraw from villages. what do you make of that? >> that is a really huge statement. what that means our troops will be more or less on lockdown on military bases. in america we think as military base soldiers live there. they leave, go have a pizza. go to the movies. they come back at night. that is not what it is like in afghanistan. when you've been to the bases all around afghanistan the troops stay and live on the base. they eat on the base. they exercise on the base. only time they leave the base is to go on patrol where they're going looking for bad guys or on patrol where they're doing, you know, good deeds. where they're doing agricultural projects or community projections. what karzai is saying is, you can come out and do the good deeds and agricultural projects and help us build roads but you will not come out with your guns on your belts and come into the villages and go in to patrols. that is basically telling us you're on your way out the door. jenna: should we leave? >> what are we trying to do in afghanistan? our initial goal was to defeat and destroy al qaeda in afghanistan. we did that in december of 2001. what have been doing since? frankly we have been nation-building. i look at afghanistan, jenna, a three-legged stool the one leg is the military leg and the united states military has been brilliant. they have done everything we asked of them and that leg is actually pretty strong. they have taken afghanistan back from the bad guys from the taliban and al qaeda but there are two other legs to the stool one is the karzai government which remains corrupt and incompetent and third leg is the pakistani government which has refused to eliminate the safe havens in pakistan. so u.s. military might defeat the bad guys on the field in the battlefield in afghanistan but they run across the border to pakistan, regroup and come back to fight another day. jenna: so, the question then becomes again, where do we go from here? and also what do you make of the timing? we can't forget that the secretary of defense is in afghanistan right now when this announcement is conveniently made. you also had the president and prime minister of england come out yesterday and say there is no change in our plan for afghanistan. now, if the afghans have a different idea then where does that actually leave us and how vulnerable are our troops if they just have to sit on the bases and can't go on the offense? >> well, one thing you don't want to have to happen we have to shoot our way out of afghanistan. we want some kind of an arrangement where we can turn over control we have had in certain regions, turn that over to the afghan military. the problem the afghan military hasn't been up to the job. the afghan police is not up to the job. after we seen with riots after koran burning, streets in afghanistan in some cities went wild. afghan authorities were unable to maintain peace and order on their even streets. what are we turning things over to? not clear we're turning it over to people, military or police, that are capable of handling it. why is karzai doing it? think about it from his perspective. he knows once the united states leaves there is probably going to be civil war in his country. one senior afghan leader told me a year ago, you know, if you don't stay, if you leave, if you americans leave we'll all be slaughtered. i think that has got to be in karzai's mind. he is trying to make peace with new guys he thinks will come in. jenna: take a contrarian point of view then. we have the taliban saying no peace talks. we as you mentioned could shoot our way out of the country or based on that could double down and get more aggressive and go after the guys and finish the job. >> what the problem is, what does that, that kind of position? you have got the president of afghanistan telling us in effect we don't want you to have a combat role in afghanistan anymore and then we say no, we do want a combat role? as far as the taliban, why are they giving up on negotiations. they have seen the writing on the wall. why negotiate? they know we're going to leave. they know either karzai will invite us to leave or the americans political pressure is going to require us to leave at some point, 2014, 2013. but we're not going to be there in 20 years. jenna: makes me think of that quote, isn't it, that the american have the watches but we've got got time. >> i heard that throughout every trip in afghanistan. tap their bare wrists. you have the watches, we've got the time. jenna: an interesting context for us today. as always, kt, thank you very much. >> thanks, jenna, right now new numbers on two key sectors of the u.s. economy, jobs and housing. let's begin with the unemployment picture. new jobless claims show 351,000 americans filed for first-time unemployment benefits. that is down 14,000 from the previous week. it match as four-year low reached last month. on the housing front a new report finds foreclosures dropped overall across the country but rose in some of the country's biggest metropolitan areas. now that jump might actually help pave the way to a housing recovery. here to make sense of all of that, david asman, coanchor of "after the bell" on the fox business network. catch him saturday morning on fox news channel host of "forbes on fox." how does that work, david. foreclosures go up but that could be a good sign? >> well it is one of these things. on the one hand we have this, on the other hand this. in some ways the economy does feel better, there is no doubt about it. businesses are hiring. more consumer confidence by the way is at a 12-month high right now. so things do feel a little more optimistic than they did. on the other hand gas prices keep going up. when gas prices go up, those price increases continue throughout the economy. everybody passes on higher prices down the line. things are unsettled. we know that taxes are going up on january 1st in 2013, way up for everybody unless something dramatic changes. when things are unsettled, consumers don't buy as much. they like to hoard what they have. imagine being a business in this kind of an environment. you're a pilot. kind of like flying an airplane where you have two different speed indicators, one saying you're going faster, the other saying you're going slower. if you trust one indicator over the other you may crash. that is the position businesses are in. what they are doing though, they are making a bet that things are getting better, and because of that they are hiring. they don't want to be caught shorthand if things really turned around and growth continues strongly. on the other hand if growth doesn't get stronger at end of this year they will be stuck with extra employees. there may be mayoffs and bankruptcies and more foreclosures. jon: dicey times. people are sort of rolling the dice and gambling that things will pick up? >> you have to got to hand it to the businesses. they have gumption. not the politicians. we know they don't have up about shun but businesses do. they are hiring as an act of faith right now. jon: good sign anyway. david, thank you. >> thank you, david asman. jenna: speaking of politicians right now he is the republican frontrunner in the delegate count. so if the election were held today how would mitt romney do against president obama? we have brand new fox polls telling us and what else voters might be thinking these days. jon: also, what would you do if zoning laws forced you to between your dogs and your home? is a town taking liberties with man's best friend? we report, you decide. jenna: what happened to the doghouses. gunbattle erupt at a baseball game and it is all caught on tape [gunfire] where fans and players ran for cover next. [ male announcer ] the game of life with the prius c! ♪ oh, my maltipoo's depressed. but my affordable prius c means i can pay for his acupuncture. whew. i love my pooch. oh no! my homemade sushi... turned p-ushi! use estimated 53 mpg to find a gluten-free alternative. look, this means i'm a chef. [ male announcer ] be a winner with the all-new prius c from toyota. ♪ jenna: welcome back, everyone. a gunbattle breaks out near a baseball stadium in mexico, sending players and fans running for cover. take a look at this scene. [gunfire] [sirens] jenna: fortunately no one inside the stadium was hurt. police chased down and killed three of those gunmen on the street. authorities say the drug cartels are particularly active in this area. jon: fox news is america's election headquarters. right now, brand new fox polls out on a hypothetical matchup between president obama and gop front-runner mitt romney. if the election were held today president obama would have a slight edge over mitt romney. there you see the numbers, 46-42 for the president. another "fox news poll" shows romney tied with the president though among a critical bloc of voters, the independents. let's talk about it with joe trippi. he is former campaign manager for howard dean and a fox news contribute. the president enjoys a slight edge over mitt romney in the first fox poll we showed, joe. given the advantages of incumbency, given the bully pulpit of the presidency, shouldn't he be doing a lot better? >> well, you would like to see if you're an incumbent in either party you want to see the numbers above 50 at this point but the dynamics have been working for him lately. you have consumer confidence up. unemployment is going down in the right direction. so a lot of these numbers, particularly among independents, republicans, romney had a bigger lead among independents against the president just a number of weeks ago. those numbers have closed now. the president has got a tie there. if that trend continues he will be in good shape by november although we still have a long way to go and we don't know who the nominee is on the republican side. jon: that's true. another poll among independents showed the president actually losing to mitt romney, 49-41. if independent voters decide elections and they do almost every circumstance, the president's got a long way to go there. >> well they, independents will have a lot to say in november but, again, even at 49-41 margin was bigger in most polls just literally a month ago. again, the trend, because i think unemployment has gone down, consumer confidence is up, people feel like the economy is turning. if that continues and you see these numbers with independents continue to close, and the republican fight, you know, go all the way to the convention, the president again, i mean could be in better standing than even is today and has a four-point lead although that is within the margin probably but it is still a road to hoe. for either party. this will be a tough election. that's what those numbers tell me. jon: the economy may be improving and the unemployment situation may be improving but with gas prices going through the roof, a lot of people's surplus income is going to get spent at the gas station. that is not going to help the president. >> jon, you put your finger on the real big unanswered question out there. gas prices are the one thing that could make those numbers with independents widen the other way, start going back towards romney and the gop. gas prices are going up. again, this is all about how people are going to feel going into that november election about the economy, about their, about their job situation. about being able to make ends meet. everything else is going in the right direction right now in the economy. the one thing going in the wrong direction is gas prices and maybe that turns this trend around and independents start slipping. jon: one other thing that could potentially be a problem for the president and i wanted to get your take on this is just the overall enthusiasm. you know people turned out, young people, democrats, turned out in record numbers for barack obama's candidacy four years ago. fox asked how interested are you in the elections this time around? 37% of democrats say they are extremely. 40% of the republicans. republicans seem to have the edge there in pretty much every category. what do you say to that, joe? >> that's true, it's been true all year long but here strangely again, that margin has gone down. republicans were much, much more interested and much more excited about the 2012 election than democrats were at the beginning of last year and through most of last year. and that's been going down. the longer this dpop gop nomination fight is going on the less excited republicans seem to be about november. hopefully that fills up if you're a republican. jon: infighting is taking a toll you're saying as a democrat? >> yes, it definitely is. jon: all right. joe trippi. thank you. >> thanks, jon. jenna: we've tried to do a lot of memorable stories in this new studio. jon: yes. jenna: we've really tried but i don't think we can beat this one, on pink slime. do you remember this? pink slime. jon: hope you have had your breakfast. jenna: the uproar over pink slime is getting new headlines. so-called, meat fillers, winding up in our children's lunches. well now schools are getting a choice, and i see, those are kids eating behind us. rick foal bum-- folbaum is up. jon: that looks like healthy lunch. watermelon and orange slices but no pink slime. a deadly shooting spree outside a texas courthouse. we told but it yesterday. the backstory coming up. look, every day we're using more and more energy. the world needs more energy. where's it going to come from ♪ that's why right here, in australia, chevron is building one of the biggest natural gas projects in the world. enough power for a city the size of singapore for 50 years. what's it going to do to the planet? natural gas is the cleanest conventional fuel there is. we've got to be smart about this. it's a smart way to go. ♪ jenna: now this fox news alert. another sign that things are getting tougher on iran today. we talked a lot about the sanctions against the oil industry coming out of iran. specifically when it comes to the e.u.. we're getting word a major banking be in the e.u., this is where all the different lines of the oil business goes through essentially cutting off business with iran making it virtually impossible to do business inside europe to deal with iranian oil. the big question with this, although it makes it much tougher for iran to keep up its economy the big question whether india, russia, china will get on board with some of the sanctions and put a stranglehold on the iranian economy. we'll have much more on the story throughout the day today. jon: a update on story we've been watching on "happening now.". outrage is growing over pink slime. the government is stepping in when it comes to school lunches. rick folbaum is on that. rick? >> reporter: last thursday we told but the pink slime, a filler reportedly used in up to 70% of ground beef we buy. also used in beef sold to schools as part of the federal government's slool lunch program. because of uproar online and through social media the department of agriculture is giving schools the chance to say no to the stuff. the meet industry maintains there is nothing wrong with it. as you might imagine they don't call it pink slime, lean, finely textured beef. it is really scraps of beef highly treated and sprayed with amonia to kill bacteria. you would never know if it was in your ground beef because the government doesn't force the industry to list it in the ingredients. mcdonald's announced recently they're not using it in their hamburgers anymore. the only way you can be sure if it is not in what you're buying, if it has a stamp usda organic. that is how you decide for your family and soon schools will that the choice too once the new option goes into effect this coming fall. jon: why did it take them so long, that's the question? rick, thank you. jenna: some new details today on that deadly shooting rampage outside a texas courthouse. the 41-year-old suspect allegedly killing one woman and wounding three others including his own daughter, who police say he also hit with his truck. angel san juan with our fox affiliate kriv, filed this report from outside the courthouse in jefferson county texas. >> reporter: the jefferson county courthouse is closed to the public today, this one day after a shooting that took place here yesterday morning. as you can see behind my, there's a deputy at the door telling folks basically they can't come in today. now this is just to the public there are employees inside who have come back to work today despite how shook up they are about what happened yesterday. and once again to recap that, the shooter has been identified as 41-year-old bartholomew granger. he drove by her yesterday morning with a rifle shooting at folks. two of the folks he was aiming at, two of those people were his ex-wife and his daughter. police believe he was targeting those two people because they were testifying against him in a trial that was taking place right here. he was on trial for aggravated sexual assault of a child. not only did he shoot both of them, he shot his daughter in the chest and then he ran over her with a pickup truck. now we're told his daughter is mentally disabled. she is listed in critical condition in the hospital. as for the shooter, she remains in the jefferson county scale. no bond has been set. he was quite deliberate or bell ledge rent he made including making threatening statements about the judge presiding over his case. reporting from beaumont, i'm angel san juan. jenna: thanks to our affiliate for. jon: that is a awful story. shoots his daughter and runs her over with a truck? unbelievable. let's talk about iran. it is turning up pressure on israel and the united states as tensions increase over the islamic republic's suspected nuclear weapons program. what is the u.s. doing to prepare for possible confrontation? coming up how our military is getting prepared. plus on the campaign trail former pennsylvania senator rick santorum celebrating two more wins this week, sparking new questions whether we could be headed for a brokered republican convention. a fair and balanced debate coming up next. jenna: back to our fox news alert and some news today that the sanctions are getting tougher against iran. adam shapiro from the fox business network is joining us live from the fox business newsroom with more. what exactly is going on here, adam. >> reporter: simply put the iranians come sunday will no longer be able to get money for the oil they sell, at least through the european banks that might be part of the transactions. that is the simple version of what's about to happen. there is a organization very few of us ever heard of or have to deal with but in the financial world is pretty big. the society for worldwide interbank financial telecommunications that is the agency transfers from one bank from one country to another party, in this case would be iran. the european union will have an embargo of iranian oil starting in july but starting on the 17th march, swift, as it is called will no longer transfer money to iran to pay for that oil. this will isolate even further iran financially. this is one of the things the united states has been pushing for. also the european nations which will be embargoing, at least have the embargo on iranian oil and no longer import iranian oil. we're watching oil prices right now, jenna. it is a bit of a surprise but oil is training down in new york. brent was down well in europe. part of this could be we saw the dollar strengthen recently. bottom line iran will not be able to get money for its oil from some of the banks in europe. jenna: we'll continue to watch the story and effect on oil prices as you rightly point out adam. thank you so much. jon: take you to the campaign trail right now. a breakaway front-runner yet to emerge for the republican nomination there is more wonder whether we're heading for a brokered convention in the summer. we have bob beckel, co-host of "the five" on fox news channel and chip saltzman, former campaign manager for huckabee for president. chip, let me ask you this, rick santorum's people have said newt gingrich should get out of the race and let the presumably more conservative delegates that mitt romney might get got to him. does that work for him? does that help him? >> well, it's a marginal call. i think you could make the case that newt gingrich may help rick santorum in this race. look, i think rick santorum deserves a one on matchup with mitt romney. newt gingrich in the race helps him on delegate count. say you get a 60-40 split to newt gingrich's people, slows down the amount of delegates can get to his 1144. gives a little bit more of an opportunity for rick santorum to come on and have a brokered convention. jon: so chip says, bob, that having two on one against mitt romney is actually bad for romney and good for the two others. what do you think? >> far be it for me to argue with my friend chip who is expert at the republican party but i think there is not a chance it is going to happen and i'll tell you why. it may slow down romney's march to 1144 but romney will get there. romney is the republican nominee the reason that will happen, april is a good month for him. he goes to illinois, he goes to wisconsin. then as we start moving down the trail here this race is moving north and west. and it is out of the south for the most part now. gingrich will have virtually no impact on this race, i think, even in proportional representation states where he is proven to be not very effective in the north. even breaking the threshold. so i just don't think it's possible. now the question is, if he stayed in and he had a number of delegates, could he combine his delegates with santorum if, on the outside chance romney didn't get 1144? republican rules as usual are screwed up on this. but it says with all due respect, chip, the in some cases the delegates are bound which means on the first ballot you have to vote for the candidate that you went to the convention for. others are unbound which means you can vote your conscience. >> there are 496 delegates in mitt romney's camp already. santorum is second. has 252. essentially romney only needs about 600 more delegates and the math suggests at the rate he has been collecting them so far it would be pretty hard for him, chip, not to meet that threshold? >> yeah he needs about a little less than 50% of the total delegates left to get to his number. rick santorum needs in the high 70% of the delegates which gets really tough. newt gingrich i'm not sure what path he is looking at to get to the delegate mark. i'm pretty sure he can't get there beckel, you're getting pretty good at this republican stuff, bob. i'm proud of you. we're almost ready to accept you in the group. >> it rubs a off a little bit. >> we're proud of you. i was going to say on the delegate count, on the delegate count, no question that mitt romney is the favorite here. he is the frontrunner but rick santorum has a lot of momentum and a lot of things good going on in the race. march madness for mitt, when that is over he has a good map and bob is right about that. >> my problem, chip, i don't think santorum has kinds of states where he won. even when he won in mississippi and alabama and the other two, guam or whatever it was, romney still has got more delegates. that's, this is a delegate game. u've been through it. i've been through it. we count delegates. right now i can count fairly easily count races for romney. take california and new york. new york is proportional but california is not. and that's a big bloc of delegates just in that one state alone. jon: to hear you counting races for romney, this is something wrong with this picture, bob beckel. >> doesn't matter which one it is. we're looking forward to see the three of them on the trail. >> does my heart good to hear bob say good things. jon: we'll be watching the whole race. bob beckel, chip saltzman. thank you both. >> you're very welcome. jenna: we heard about sanctions tighten against iran and obama administration wants to give sank shuns more time to work and all options are really on the table here. if talks don't work, how is the u.s. military really preparing for possible conflict with iran should it actually come to that? national security correspondent jennifer griffin is live at the pentagon with more. jennifer? >> jenna, fox has learned that the u.s. military has been asked by israelis to help strike iran's nuclear program the last 12 years. the request became more persistent in 2007. former pentagon officials are raising questions about whether israel can do the job alone. >> they have a limited bomb look. they can essentially carry around a 2,000 pound bomb for most missions. with that range we believe that a number of the iranian facilities are deeply buried. they're hardened. which means reinforced concrete. multiple levels underground and it would be very difficult with those kind of bombs to actually be able to penetrate sufficiently to destroy the targets. >> reporter: according to various open sources israel has about 87 f-15 fighter jets, 307 f-16 fighters. compared to the u.s. inventory, the u.s. has 522 f-15s, 1280 f-16s. 85 b-52 bombers and 20, b 2 bombers. those 203 b-2 bombers can carry a 70000 you pound payload. israel air force couldn't carry those bombs with their current fighter jets. maximum pay road after f-15 or f-16 is about 2000 pounds that would only go about 20 to 50 feet underground we're told. iran's nuclear facility is buried 200 feet underground. we spoke to israel's former top national security advisor who says he does not think israel will not strike without tacit american consent and u.s. military help. >> if a decision is made to attack iran, it will be based on two assumptions. number one, that there is at least a tacit american support, otherwise it will not be taken. number two, that there is a good chance to achieve at least a significant delay of the iranian nuclear project. >> reporter: big questions about the abilities of those f-15s and f-16 due to the range issue. israel only has we're told between eight and nine arrow fuelers. so refueling could be issue in such a strike. jenna: this is all dependent on our intelligence on iran being correct for the scenarios that we're entertaining there is a lot of hypotheticals here. interesting things for us to think about today, jennifer. thank you very much. jon: right now one couple face as choice that no animal lover wants to make, give up your home or give up your pets. they did not realize that wisconsin town which they recently moved has a two-dog limit and they have four. but this couple is fighting back with support from other people who have dogs in this fight. douglas kennedy is here with the latest in our taking liberties series. douglas? >> reporter: jon, it is a tough choice, get rid of your house or get rid of your dogs. this dog owner says it is no choice at all. she says she is choosing her dogs. >> abby and jessie are golden restreefrs. chester is a yorkie and archie is a shih tzu mix. >> reporter: to melissa lacker her dogs are her life. you say these dogs are more important to you than money? they're more important to you than your house? >> yeah. these are our family. they're just like our children. house doesn't mean as much to us as they do. >> reporter: and it is the house she may have to sell because of her dogs. in january melissa and her husband james moved to wausau, wisconsin. what they didn't noah saw has an ordinance limiting the number of pets. meaning here in wausau you can't have more than three cats. and unfortunately for the lackers, you can't have more than two dogs. they gave you a very clear choice, either get rid of the dogs or move out of wausau? >> yes. they told us that the ordinance clearly states they can not work with us. >> reporter: no one from wausau would comment on camera. but city officials say the law has been on the pocks since 1989. they say it was passed to limit dog nuisance complaints. and this municipal attorney says he. understands. especially when it comes to regulating smell. >> they smell. they bark. they have excrements. >> reporter: wait a second you can make those type of nuisances illegal. but the lackers dogs have not had any complaints against them. why punish them? >> you're not public niching them. you're regulating society. >> reporter: some say regulating animals is a fundamental right of society. what do you say to that? >> i believe there is other ways to handle the nuisance complaints. >> reporter: she says punish the nuisance if you must but don't punish loveable, well-based dogs like her dogs that is it from here, jon. back to you. jon: douglas kennedy, interesting debate. thank you. jenna: well, a frightening situation on a college campus now. an intruder breaking into a house, holding a group of female students at knifepoint. how two quick-thinking roommates saved their lives. and a brand new television series canceled because of an outcry over a string of deaths on the set. rick folbaum has that developing story next. ♪ i'm walt gale, i worked at the colorado springs mail processing plant for 22 years. we processed on a given day about a million pieces of mail. checks, newspapers, bills. a lot of people get their medications only through the mail. small businesses depend on this processing plant. they want to shut down 3000 post offices, cut 100,000 jobs. they're gonna be putting people out of work everywhere. the american people depend on the postal service. they're gonna be putting people out of work everywhere. kiss those lines goodbye! discover juvéderm® xc, the smooth gel filler your doctors uses to instantly smooth out those parentheses lines around your nose and mouth for up to a year! temporary side effects include redness, pain, firmness, swelling, bumps or risk of infection. lose those lines! the way you look with juvéderm® xc, might just change the way you look at everything. ask your doctor and visit juvederm.com. jenna: right now some brand new stories we're working to bring you next hour including this one out of texas a texas woman is arrested accused of kidnapping a an infant boy eight years ago. the boy's mother now waiting to be reunited with her son. also new developments in the corruption of case of late alaska senator ted stevens. what a shocking new report says about our justice department. plus critics are up in arms in one state as lawmakers push to require dna samples from all convicts no matter what the crime is. jon: more fallout from problems on hbo's horse racing drama, "luck". we told you yesterday that filming for the serious was suspended after three thorough breads died during production of the show. now hbo is pulling the plug on it all together. rick folbaum has more, rick? >> reporter: you asked a question yesterday how do you a show about horse racing without any horses after my report that hbo was keeping horses off the set of the show after a third horse has died. now we know the entire show is being shut down. canceled. the network, alongwith the show's producers releasing a statement saying while we maintain the highest safety standards possible, accidents unfortunately happen and it's impossible to guaranty they won't happen in the future. accordingly we have reached this difficult decision. the most recent accident happened tuesday when one of the horses was being led back to its stall. the horse reared back on her behind legs fell backwards, hitting her head on the ground. the vet on the scene determined that the horse had to be euthanized. appears exactly what hbo has decided to do with this whole show which wasn't exactly drawing a huge audience anyway. back to you. jon: rick folbaum, thank you. >> well his life is in their hand. a jury deliberating the fate of a man accused of murdering the husband of his alleged mistress. but that is not the biggest part of the story today. the behavior of some of those jurors is raising eyebrows. we're going to tell you why next. plus a march madness crackdown. how paypal is putting a stop to customers making bets on basketball and you know who you are. ♪ >> beautiful dung. you know when i grow up, i'm going to own my own restaurant. i want to be a volunteer firefighter. when i grow up, i want to write a novel. i want to go on a road trip. when i grow up, i'm going to go there. i want to fix up old houses. 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[ female announcer ] discover what's next in your life. g this free travel bag when you join at aarp.org/jointoday. jon: "happening now", an internet crackdown targeting basketball betting. we know none of our viewers would ever bet. jenna: and none of our crew either. none of them. behind the cameras. no, no, ebay's paypal is making it harder to participate in this year's march madness office pool. fox business network shibani joshi has more. shibani?? >> none of our reporters would do anything about that, john and jenna. apparently some people out there are placing wagers and gambling on this year's ncaa basketball tournament but paypal, the big online services company, is making it a little bit harder to get in on the action. paypal blocking users and restricting accounts it believes are being used for office pool wager collection. now paypal is sticking behind its user agreement which forbid the use of the service to pay for fees in contests or for prize money. we know gambling is a huge moneymaker for so many different entities during the march madness tournament. coming at the price of lost productivity. according to a recent survey out of challenger gray and christmas, about 2.5 million people will watch basketball games over the next few weeks online. that translates into 8.4 million hours of lost productivity. costing companies and businesses about $192 million in productivity but the flipside is, jon and jenna, is that they say that workers are happier. maybe they will be more productivity in the time they are at work. again we wouldn't know anything about this. this is obviously all hearsay but certainly some of the research i have collected in gathering on this. jenna: fair and balanced, shibani. thank you very much for that, right? jon: if only were so easy to pick the presidential contenders. that is what we should do have brackets for the president. jenna: maybe betting. no, we shouldn't do that. that would be illegal. shibani, thank you very much. we'll continue to watch. that is a lot of lost productivity. jon: that is. jenna: a happy worker could be a productive worker. jon: happens every year. jenna: it is a mixed story for mitt romney. what are his chances winning? larry sabato is here with his crystal ball about all that. i wonder if we ask him about the tournament and the crystal ball works there? the taliban is calling off peace talks with the u.s. and the afghan president asking u.s. troops to back off. what's going on here? we're live in kabul with the latest buy one spectrum by lg, and get one free ? with verizon 4g lte and a 4.5" true hd display, it's great for watching movies and sports, a true hdtv experience right on my phone. i'll get o for me and one for my wife. i'll be like [manly voice] "a phone, my sweet" and she'll say [swooning voice] "oh, my hero ! did you remembero pick up milk, my hero ?" and i'll say "whoops." hopefullthe spectrum phones will make up for that. behold the power of two 4g lte smartphones. buy one spectrum by lg at $199.99 and get onfree. verizon. jenna: welcome, everybody, to the second hour and fox news alert for you, this may have a major effect on the price you pay for gasoline. a report just out by reuters that the united states and britain have an agreement to release some of the strategic petroleum reserves in both countries. now, this is on news that a major oil hub in europe is cramp ing down on iran's oil business within the e.u. as we all wait for the sanctions on the oil markets in iran to start taking major effect. reuters is also reporting this was agreed, this agreement about releasing some of the reserves was talked about during the president's meeting with the prime minister of the u.k., david cameron. so, again, just single reports at this time, but we notice with the news of heightened sanctions on iran's economy that we weren't seeing oil prices go up. we were sensing them go down, and that's because of some of these rumors that we could see a release of our strategic petroleum reserves. just rumors, just reports at this time, but big news. phil flynn will join us shortly with more news from the oil markets today. >> reporter: rick folbaum in the control room, stories you will only see right here. wall street still playing by the same rules that led to the financial meltdown of '08? that's the charge from a former banker, but what's really going on? also a trial in georgia, this man is accused of killing another man outside of a preschool. his lawyer says he was insane at the time, the jury has the case. we'll have the very latest. and then this hit movie, "project x," is leading to parties all over the country, people trying to mimic that massive party in the movie. well, now one of these parties has led to a young person being killed. we'll have the details of that and all the breaking news as the second hour of "happening now" starts right now. jon: and we begin the second hour with major developments in afghanistan. president hamid karzai demanding a big change for u.s. and nato forces there. hello, i'm jon scott. jenna: this is big news today. i'm jenna lee, everybody, and president karzai wrapping up a meeting with defense secretary leon panetta calling for a pullback of u.s. and nato troops from rural areas following afghan forces to take over security much sooner than planned n. the meantime, the taliban is now abruptly breaking off peace talks with the u.s. all in the wake of mounting tensions over the killing of 16 afghan civilians allegedly at the hands of a u.s. soldier. conor powell is streaming live from kabul, ask, with more. conor? >> reporter: the u.s. effort in afghanistan taking multiple blow toss that strategy. the taliban have suspended talks with the united states in the oil-rich nation of qatar. the taliban were supposed to be engage anything talks, there's been a flurry of activity and a lot of optimism about those talks, but the taliban saying they've suspended the talks because the u.s., they claim, keeps changing the conditions for negotiations. the taliban say they're, frankly, tired of the changes in negotiation. so they've suspended talks now. in talking to former taliban officials here in kabul who have reconciled with the afghan government, they say this is more likely a negotiating ploy as opposed to a long-term suspension, they think the taliban's just trying to gain more ground in the negotiations than really truly suspending it. but the other blow to the mission here is that president karzai announced today he wants u.s. troops to pull out of the rural afghan villages where a lot of u.s. troops are stationed, supposedly trying to provide security to afghans. karzai says he wants them out of there, he wants them back on the large bases, and he wants the afghan security forces to take over security responsibility a year ahead of schedule. he wants it all done by the end of 2013, not by the end of 2014. this has been a very difficult day for leon panetta, the secretary of defense. he's gotten two bad sets of news here in afghanistan, and this falls on the heels of several bad weeks following the quran burning and then, also, the shooting by a u.s. soldier that killed 16 afghan civilians. there's been a lot of protests here, a lot of anti-americanism sentiment growing here. it provides a really, really dangerous and toxic environment here for u.s. troops, a lot of concern about what's going to happen going forward, jenna. jenna: we'll be following this fast-breaking story. thank you. jon: and a fox news alert, some breaking news that could have a big impact on the economy and your wallet. reuters is reporting that the u.s. and great britain have come to an agreement to releasase strategic oil resevens. what is -- reserves. what is the potential political impact and why is this move being made now? fox news digital politics editor chris stirewalt is host of the "power play" on foxnews.com live. and among everything else, you are a seer because you wrote today that mr. obama would eventually release oil from our nation's strategic petroleum reserve. [laughter] it appears that he has decided to do this just that. >> if i'm a seer, jon, i'm a seer into the past, and politicians generally if they have the chance to give away free gasoline to people before an election, they're going to like that opportunity. that's something that they're going to want to do, and certainly we saw last year when gasoline prices -- now, this was later in the year, but last year when gas got so high, president obama not only tapped the u.s. strategic oil reserve, but as we see in the case with prime minister david cameron, convinced our western allies to participate and sort of flood the world market with oil to try to bring the crisis down for a little while. jon: now, i remember when the strategic oil reserve was set up in this country, after the oil embargo, wasn't it? for truly catastrophic events like another oil embargo. >> right. but we've seen certainly in the bush administration to a limited degree under pressure from congressional democrats and popular outcry, why is the government sitting on all this oil when we could put it into the, no pun intended, pipeline, we've seen that before. for president obama this is something democrats believe the united states should be doing, should be subsidizing the domestic energy market and have the federal government buying oil and then putting it into the market so that it creates some relief on high prices. for the president, though, the problem is he's moving to do this sooner in the election year and sooner in the annual price spike of the summer than he probably wants to have to do. jon: we are just getting a report, chris, and it's literally coming across as you're speaking, that the obama administration, an aide to the president is denying these reports. that the strategic petroleum reserve will be tapped in this country or there's an agreement to do so with the british. at any rate, it is something that, clearly, had been kicking around the administration be. he has been under pressure to do that because of these rising gas prices. i guess the question is, you know, will the president decide to do that, has he decided to do it, um -- >> i suspect it's a matter of time, jon. i suspect that they want to do it later in the process. there's a sweet spot here because if you don't do it soon enough, energy prices can really hurt the economy. that leaves him not getting reelected. but if you wait, if you do it too far away from the election, you don't get the temporary easing of gas prices that you want. so there's a sweet spot here. i figure we'll see it in the next month or so. jon: all right. let's talk a little bit about politics now and the future of the republican race. you have also written in your political "power play" that in a way it might be helpful to rick santorum to have newt gingrich remain in the race against mitt romney. why do you say that? >> well, if rick santorum is going to win the republican nomination outright, he needs to be getting about 66% of the delegates from here on in. he needs to smash mitt romney and really surge to the front. other side what we're talking about -- otherwise we're talking about a blocking strategy where both santorum and gingrich want to block mitt romney from getting the nomination before they get to the convention, make it a floor fight. if that's what's going to happen, if that's what's going on, they're going to block mitt romney and bleed him of his resources before he can win the nomination, he's helped by having gingrich there absorbing not only romney's money and making him spend more money now, but also absorbing new delegates because our new fox poll is very clear, jon. once you take newt gingrich out of the equation, santorum doesn't get enough of a boost out of it. in fact, romney gets, i believe, it's 5% compared to santorum's 7% of what support gingrich still has remaining. what that means is that 5% push bees romney closer to securing the nomination but doesn't get santorum where he needs to be. so for now as long as they're both in it, both attacking him and both bleeding romney of his resources, that's a good thing for them. jon: so there are those who believe that a brokered republican convention is possible. mitt romney is not among them. here's what he -- [laughter] here's what he told our bill hemmer this morning. >> you know, delegates are decided or are guided, rather, by state policy, and different states have different guidelines as to what a candidate could do. a candidate could release the cel gates or keep them, really can't get folks to do something they don't want to do. ultimately, the delegates have more say than that. look, we're not going to go to a brokered convention. bill: we're not? >> no. one or the other of us among the three or four that are running is going to get the delegates necessary to become the nominee. jon: it would be highly unusual to have a brokered convention, right? >> it would be more than highly unusual, it would be rather unprecedented since the 1970s. yes, ronald reagan could have blocked gerry ford in 1976, but he acceded to that, to the incumbent president. since then we've seen, basically, you always have a winner by the time you get to the convention. romney has history on his side here, but this year is very different for the republicans not just because romney's not able to lock up the same kind of numbers that past front runners have, but also because republicans made their system more like the democrats, they protracted it, and they're dragging it out on purpose, and that leaves these questions hanging. jon: gonna be an interesting time in tampa, florida, come august. [laughter] chris stirewalt, thank you. jenna: one explosive report today detailing alleged misconduct by the justice department in the corruption case against the late alaska senator ted stevens. the report is alleging that federal prosecutors knowingly withheld evidence. chief intelligence correspondent catherine herridge is live in washington with more on this. >> reporter: thank you, jenna, and good morning. we're still combing through this report, but bottom line is there was clear and intentional misconduct by prosecutors in that case, and a short time ago we heard from the lawyer for the late ted stevens who characterized the misconduct as egregious and a wrong that could never be righted, and he also said the problems went beyond today's report. >> the focus of the investigation was a very narrow one. the judge said to this investigator, determine whether there was a violation of a court order. is there a criminal violation. should there be a criminal contempt. mr. schulte concluded, no. >> reporter: as a reminder, the late senator was found guilty in 2008 of failing to report gifts from an oil industry executive. he narrowly lost his bid for re-election. at the time, he was the longest-serving republican in the senate, and he later died in a plane crash. ultimately, it was shown that prosecutors did not provide the defense with evidence that would have helped their case. quote: >> reporter: from the late senator's wife this morning, this quote: >> reporter: and also a short time ago the justice department weighing in, a spokeswoman said it would be, quote, another injustice to taint the thousands of hard working men and women in that department and the fbi with the bad acts of a few. those bad acts were characterized as a rare occurrence. but if that's the case, one certainly with profound consequences based on this report. jenna: and we'll consider all those statements, catherine. thank you. >> reporter: you're welcome. jon: all right. so here was the plan, believe this? setting fire to the bushes outside walmart. the problem is the suspect didn't exactly work out the getaway, and lucky for us one shopper caught the whole thing on camera. we'll explain this video coming up. also mitt romney may be way out in front, but will he have enough delegates to clinch the nomination before the convention? you just heard chris stirewalt on that. we'll get larry sabato's take on what could happen. also, rick folbaum with today's top story on foxnews.com. >> reporter: wanted to let you know the most-read story has to do with the brand new report that the obama health care law will cost twice what it was originally estimated to cost. that's what more people are reading right now than think other story on foxnews.com, so check it out during the break, and we'll have more "happening now," so don't go away. [ male announcer ] juice drink too watery? ♪ feel the power my young friend. mmm! [ male announcer ] for excellent fruit and veggie nutrition... v8 v-fusion, also refreshing plus tea. could've had a v8. is the pain reliever orthopedic doctors recommend most for arthritis pain, think again. and take aleve. it's the one doctors r recommd most for arthritis pain. two pills can last all day. ♪ for a hot dog cart. my mother said, "well, maybe we ought to buy this hot dog cart and set it up someplace." so my parents went to bank of america. they met with the branch manager and they said, "look, we've got this little hot dog cart, and it's on a really good corner. let's see if we can buy the property." and the branch manager said, "all right, i will take a chance with the two of you." and we've been loyal to bank of america for the last 71 years. jenna: some developing crime stories right now that we wanted to share with you, including this one. a texas infant who vanished eight years ago is being reunited with his biological mother. police arresting a former babysitter accused of kidnapping him back in 2004. private bradley manning making his first court appearance at a motion hearing today. the soldier is accused of leaking classified documents and videos to the web site wikileaks, and he's facing life behind bars. and an arsonist with no getaway plan. cops arrived on scene moments after this man allegedly set fire to bushes outside an arizona walmart. a bystander captured the takedown on camera, and then they arrested him. jon: we're in america's election headquarters, your front row seat to politics and the 2012 campaign. today larry sabato's crystal ball takes a look at the gop delegate race and mitt romney's chances of winning the nomination outright. larry sabato is director of the center for politics at the university of virginia. we were just talking about it with chris stirewalt, larry, the possibility of a brokered convention. you don't seem to think that it's as likely as some. >> no, i don't. look, anything's possible, jon, but i don't think a brokered convention is as likely even as the end of the world scenario in december that some are projecting. the truth is that the odds heavily favor romney getting that 1144 by the end of june. the key primaries on june 5th -- california, new jersey, some other states, then utah on june 26th -- and here's the ace in the hole that people forget about for romney, there are three super delegates from each state and jurisdiction territory. those superdelegates tend to be republican officials. they want someone like romney to lead the ticket. they tend to favor romney. and i think in that combination of superdelegates, the key primaries and caucuses coming up between now and june that romney's going to go over. jon: well, on tuesday you point out rick santorum got all the headlines for winning mississippi and alabama, but romney had the better day. can you explain? >> he did, indeed. because he was able to win delegates in american samoa and hawaii, and he was able to do it in convincing fashion. in alabama and mississippi, because essentially it was a three-way split in the vote, they split the delegates about three ways. in the crystal ball today, jon, we've done a projection through the end of april of all the upcoming primaries. we've given romney 70% of the delegates to be awarded between now and the end of april. he only needs to win 8% of -- 48% of the delegates between now and the end of the process to be the nominee. we see him winning about 70% at least to the end of april. jon: republicans have changed the nominating process somewhat to award more proportional delegates. apparently, patterning it after what happened with barack obama and hillary clinton. are there some who you think are regretting that choice now? >> well, in a word, question. yes. my sense of it is is there are always unintended consequences from reform, and no doubt they will reform the reforms just like the democrats do every four years. in 2016 i bet you'll have a different system. jon: because there is this concern out there that the three-way or four-way race is damaging the party as all of these candidates take shots at each other. >> yes. and it's just dragging out the process. look, the more states the candidates go through, the more negative ads are aired, the more the favorability ratings for the candidates decline, the more it's difficult to bring the various factions back together in time to gird for a very difficult campaign in the fall against an incumbent president. so all in all, this probably wasn't the best system, at least a system that fit the conditions of 2012. and i'll bet they change it for 2016. jon: well, but once again gazing into the crystal ball you're saying mitt romney has an 80% chance at being the republican nominee. >> yes. and we haven't changed that for five months. no matter what the ups and downs are from week to week, jon, we've kept it at 80% because -- and i hate to quote governor romney, but it's the math. it really is the math. he needs more of a message than the math, but he's right about the math. jon: you are consistent at the crystal ball. larry sabato from the university of virginia, thank you. >> thank you, jon. jenna: big news in the business world. a departing executive at goldman sachs taking a flame thrower to his colleagues on the way out the door. metaphorically, of course. he's describing the investment bank as toxic, but there is a lot more to this story. is this just a disgruntled employee or something else? we report, you decide. plus, a horrifying ordeal and the 911 call that tells the tale. how two young women thwarted an attempted attack, next. i look at her, and i just want to give her everything. yeah, you -- you know, everything can cost upwards of...[ whistles ] i did not want to think about that. relax, relax, relax. look at me, look at me. three words, dad -- e-trade financial consultants. so i can just go talk to 'em? just walk right in and talk to 'em. dude, those guys are pros. they'll hook you up with a solid plan. they'll -- wa-- wa-- wait a minute. bobby? bobby! what are you doing, man? i'm speed dating! [ male announcer ] get investing advice for your family at e-trade. jon: an incredible display of courage to tell you about now. two women hiding from a convicted rapist call 911 as the armed intruder ties up six of their college roommates. rick has more on their calls for help. >> reporter: this story's unbelievable, a convicted rapist just out of prison break into a house full of female college students? seattle. -- students in seattle. two women called 911 while the man terrorized their roommates, allegedly tying them up and holding them at knife point. this is how it played out as the two women who were hiding called 911. >> reporter: that screaming we just heard was from when the police actually stormed into the house, arresting the man. very happy to say that none of the young women were physically hurt, though you can only imagine how traumatizing this thing was for them. the 34-year-old suspect has been charged with nine felony counts and is looking at a return to prison just three months after he got out. jon, back to you. jon: wow. nobody was hurt, that's the great news there. >> reporter: that is the good news. jon: rick folbaum, thank you. jenna: well, new reaction to a bombshell hitting wall street. goldman sachs' executive greg smith making a very, very public exit yesterday, firing off a blistering editorial in "the new york times" describing the investment banking firm as toxic even after the firm went through the financial crisis and was bailed out by u.s. taxpayers. "the new york times" in an additional article says the way mr. smith resigned and what he says could reignite a debate over how much wall street has changed in the wake of the financial crisis, but not everyone agrees with that. fox business network's charlie gasparino is here, and you've been working this story hard, charlie, over the last 24 hours. what's your take on what's going on here? >> reporter: i mean, jenna, i've been covering wall street for 22 years, i've worked at a "wall street journal," nudes we'll magazines -- "newsweek" magazine, not necessarily part of the vast right-wing conspiracy or whatever hillary clinton called it. i was a regular reporter, and the stuff this gentleman put in that story is nothing new. most of the stuff, when you look at it, is not illegal. you have to ask why he worked there 12 years and, you know, took very good money from goldman sachs. i mean, he wasn't the top producer there, but he got paid a lot more money than most americans, and yet on his way out after he gets his bonus, guess what? he does a hit job on them. now, what he said, a lot of it, is probably true. they don't like their clients. but when you put all this together and put together the fact that this wasn't an investigative story by goldman sachs -- by "the new york times," by the way, if they really want to investigate, they can read a lot of my books and reporting here at the fox business network. it is clearly a political message by "the new york times." this is "the new york times" editorially, management wise, the gray lady pointing its finger at goldman sachs, using it as some sort of paradigm of the bad, big, bad wall street. it plays into the hands of occupy wall street -- jenna: wait a minute. >> class warfare -- jenna: it's a juicy piece. hands down, it's a little got sippy. -- goes pip si. -- gossipy. that's one of the questions we had for "the new york times," and they were going to come on with us today but have since canceled the appearance. >> reporter: interesting timing there too. jenna: we can only speculate, of course. but tuñmx >> reporter: this didn't -- did occur on wall street, but goldman wasn't necessarily the culprit here where brokerage firms pumped out sleazy research that they didn't believe in and pumped it out to their grandma and grandpa brokerage clients, average americans buy stocks that the research was faulty. if he was saying that, that's one thing. what he's saying is goldman plays sharp-elbowed with its big clients which, by the way, they all do. goldman does it a lot, and i've been reporting that for years -- jenna: right. >> reporter: but you've got to put it in context. jenna: we're not necessarily talking about a client like the jenna lee family. wait a minute, so what's in it exactly for "the new york times," in your opinion? >> reporter: well, all you have to do is follow their coverage of this occupy wall street movement. they, they basically tried to make -- and i've been down there, i e interviewed those kids, kids that barely have a message. when you get their messages you know, it's a mixture of socialism and whatever, stuff i can't make out. they tried to legitimize that as a political movement, something like the tea partiers, and this is in that vein, there is no doubt about it. because why -- listen, here's the thing. you think goldman's a sleazy firm? assign five reporters, take what this guy says and do the investigation. now, maybe they will do that, but they should have done that first. this is a political hit job. i'm not saying goldman sachs is a great place -- by the way, they despise me at goldman sachs -- [laughter] jenna: well, it's an opinion they wanted to have. and i've been following you on twitter, charlie, so i encourage our viewers to do the same just to get a different perspective and follow it as well. we haven't seen, by the way, greg smith anywhere. he's the one who wrote the editorial. >> reporter: right. not calling me back. [laughter] jenna: well, when he does, you let us know, charlie. thank you very much. jon: but for the record, we like charlie. jenna: we do like charlie. jon: hey, mitt romney out in front of the republican pack, but how does he stack up in a hypothetical matchup against pram that? some brand new poll numbers coming up next. plus, hamid karzai calling on all nato troops to leave afghan villages. the impact this could have on the u.s. mission and really the future of afghanistan. reaction from the pentagon ahead. when i grow up, i want to fix up old houses. ♪ [ woman ] when i grow up, i want to take him on his first flight. i want to run a marathon. i'm going to own my own restaurant. when i grow up, i'm going to start a band. [ female announcer ] at aarp we believe you're ner done growing. thanks, mom. i just want to get my car back. 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provides more comprehensive identity theft protection than lifelock. if you're not convinced within 60 days, simply notify lifelock and you won't pay. and to keep your documents out of the wrong hands, we'll even add this personal shredder-- a $29 value-- absolutely free with your enrollment. don't wait another minute. call the number on your screen now, promo code: alerts. lifelock service guarantee cannot be offered to residents of new york. jenna: now this fox news alert. big drama that in the oil market today and here's why. we have one report from reuters saying the u.s. will issue a formal request from great britain to release some of their oil reserves. it would be some sort of an agreement between both countries. now the white house came out quickly after that headline. calls this report, quote, inaccurate. let's go to the floor of the chicago mercantile exchange. phil flynn an energy analyst with png best research and fox news contributor. has a handle on the oil market. phil, what do you make of just what happened over the last hour? >> when this headline came out, pandemonium broke loose. we saw the price of oil fall almost instantly, $1.50 a barrel. not only that we saw gasoline futures fall, heating oil, they all took a big hit. they're coming back, jenna, bounced big on that denial. when we talk about releasing oil from the reserve, it is all about timing how they will do it. a lot of traders are wondering is it wise to consider that considering the state the world is in today. jenna: phil, there is obvious economic ramifications. we've seen higher gas prices. we know economic sanctions on iran wit tighten up in june when we go into the summer season. then you have this presidential race. how does this all figure together? in your opinion when is that, that switch flipped to release the reserves as things get tough in iran? >> if i was a cynic obviously i would say this was for political purposes. let's face it, david cameron and president obama's ratings haven't been very good. president obama especially because of higher gasoline prices. i would say that if i were a cynic in. in reality there are things behind the scenes happening right now. today the swiss bank cut off the iranian bank. swiss for them to do business. so that will make it very difficult. the market is losing real supply in the marketplace very shortly. we'll see the loss of iranian supply. but, jenna, the reason we've seen oil and gasoline prices run up for the last few months is because the market already has been getting prepared for this. people have been hoarding supply in europe, in asia, all over the globe to get prepared for the loss of this soil. so by releasing this oil into the reserve it will damage some of the goods at high prices have done by moderating that hoarding. you relies oil into the reserve you bring prices down. it may serve for more hoarding and not really help the situation overall. jenna: that is an interesting point because we also know the higher prices are helping iran at this time. there are so many different dynamics to the story. just on very basic level, phil, over next couple months as far as gasoline goes, what do you see for the american consumer? >> it all comes down to iran, it really does. if somehow, jenna, we get back from the brink i could see one of the biggest drops in gasoline prices we've seen since the economic crisis of 2008. they cot plummet. but, another more sinister aspect of the release of the reserve, it is indeed if there is a plan to release oil from the reserve and the market is already prepared for it, it could be because maybe these two leaders something could happen rather quickly when it comes to iran. they want to get ahead of the curve, release oil now because bad news may be coming down the road. that's speculation but it doesn't seem that far off the mark. jenna: and that speculation as you mentioned leads to real reaction in the oil markets that affects each and everyone of us. that's why we have to pay attention to the moves as they happen, phil. always great to have you. >> thanks, jenna. jon: a jury is deliberating the fate of a georgia executive accused of murderer. a defense lawyer says newman was insane when he shot and killed another man outside an atlanta preschool two years ago. rick folbaum has the details in a bizarre and very sad case. rick? >> reporter: bizarre, sad and come bring indicated too, jon. here is what we know. newman did shoot and kill russell schneiderman outside after preschool in suburban atlanta in 2010. unone dad killing another. schneiderman's wife an ememployee of nuon nan. they deny there was a affair going on. defense says newman was insane at the time he pulled the trigger. prosecution says he knew exactly what he was doing. jury on second day of deliberates right now, but some people says the jury hasn't seem too interested in the case. lounging in their chairs. not paying attention to evidence as it was presented in court. as you know the prosecution has the burden of proofing guilt. when there is insanity plea, that burden falls on the defense. as our next guests know all too well. deliberations continue. we'll keep you posted, jon. jon: rick, please do. thank you. so for more on this, let's bring in joey jackson, former prosecutor and criminal defense attorney. rebecca rose woodland is a criminal defense attorney and with us as well. joey, it is a strange case because the prosecution put the widow on the stand, andrea schneiderman. she denies there was an after fair but she was attacked essentially by both sides, by the prosecution and the defense here. >> she absolutely was. ultimately she comes out to be a red herring. why do i say that? if you're the defense, from a defense perspective you will put all your focus on her and talk how he was smitten with her and she played with his mind and drove him insane and on top of his childhood experiences going to israel he just lost it. that is nonsense. the reality there is presumption of sanity, jon. that presumption you're deemed to be sane unless of course the defense can establish by preponderance of evidence he was in fact insane at the time he did this i suggest that won't happen. there have been witnesses, expert witnesses interviewed him from the throughout the course of 14 months. he has shown no signs of any psychiatric illnesss. he had a family. held a responsible position. you know, the in terms of his premeditation for crime he was going to do it before, did it then, bought the disguise, antibiotic the gun. i would be very surprised if they came back with a verdict not guilty by reason of insanity in. jon: rebecca in a case of this cold-blooded murder of a father of a 2-year-old as he is dropping his son off at preschool, insanity? >> this is a tough one, let me tell you. you want to know why? we have a man who went to work every day. who had a family and now is claiming he has been insane. he has been insane for how long? he saw demons and angels. the demons told him to go to kill the man because he was going to eradicate evil. he is under belief, delusional statements to the psychiatrist, to the jury, and the jail. before the jury have seen all of this. the jury is apparently not that interested because one of them fell asleep yesterday during the replay of some of the psychiatric interviews. i think the defense has a bit of a problem. i have to agree with joe jackson here on this. jon: what about that, joey. these jurors asked to see some of the evidence replayed. they were looking at the police interrogation. they were looking at discussion that hemy neumann was having with a court appointed psychologist. apparently jurors were not watching. looking off intopace, not paying any attention. does that become ground for possibly a mistrial? >> it doesn't and here's why. during trials jurors fall asleep all the time. during a read back you could have one joe, rebecca will tell you this, one juror, two jurors say i want to see something anew. i want to reevaluate evidence. the other jurors made their minds up. what does that mean? the law requires the entire jury pool come back and listen. there are jurors who don't want to listen because they know. for sake of one or two jurors that want to hear it again you bring everyone back. i wouldn't read much into the fact that there are number of jurors appear to be disinterested. that just means they have decided. jon: joey, we'll have to leave it there. for the record i could never fall asleep in one much your presentations. you're so dynamic as an attorney. rebecca, joey, thanks very much. >> thank you, jon. >> a hit movie all the rage among teens. police say it inspired a party that ended in tragedy. we'll explain why coming up. home protector plus, from liberty mutual insurance, where the costs to both repair your home and replace your possessions are covered. and we don't just cut a check for the depreciated value -- we can 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america's strategy moving forward. a whole host of new developments today to catch you up on. the president there, president karzai is calling for nato troops to pull out of all rural areas and withdraw to major military bases. he is pushing for a faster transfer of power to afghan pores forces with a target date of next year instead of 2014. meantime the taliban is suspending peace talks with the united states. michael o'hanlon. is senior fellow of foreign policy studies at the brookings institution. let's start with the taliban first, michael. we'll talk a lot about negotiations and easy to think about the taliban like we think about the government of iran, like one solid group. how would you describe these peace talks and what does it mean when the taliban says they're backing away from them? >> hi, jenna. well, as you point out the taliban is a disparate movement and i'm not very surprised they pulled out at this point. i didn't expect much out of these peace talks. the more realistic goal with the peace talks is to divide the taliban from within and get some people not so excited to break away from mullah omar perhaps who i don't think has shifted or softened or moderated in any way. i would be very surprised to see him do a deal. by sending message we're prepared to a deal, afghan government as well we may convince local insurgents leaders to do local reintegration or conciliatory efforts. we're using talks with taliban central to send a message to the local insurgent leaders in the field. that's way i think of it. you could always hope for more. i would be surprised i i'm not too surprised at all by today's developments. jenna: are you surprised by the timing? >> not so much. the taliban also recognize this week is a week when many afghans are angry at nato and u.s. and perhaps they can get away with this more easily at this moment if it was something they were not committed to anyway. the other theory we've been too slow to release four or five prisoners from guantanamo we would transfer to the control to the government of qatar where the peace talks were to occur. the taliban saw that as important confidence building or symbolic move and we've been too slow. i was dubious there was ever interest in real near-term peace any way. we'll see what happens. i think the karzai issue in some ways is the more interesting news of the day. jenna: let's talk about this since you whole wrote a whole book about foreign policy he did not make hose statements directly face-to-face on camera. we have images coming in our newsroom on that. what is this relationship really like with the karzai government? are they to be trusted? >> well, obviously president karzai is a difficult partner at best but i actually think we can live with some of what we're hearing from him today especially if we could delay this change to the fall of 2013 after we've had another year to make progress on the battlefield. in fact nato has been contemplating as you know, jenna, a change in the mission itself and accelerating transfer of main responsibility to the afghans. i think we need most of 2012 and 2013 to improve security especially east of the country and between kabul and kandahar along that part of the major highway and continue strengthening the afghan army and police. to do this too quickly, if karzai said for example, do it by january 1st, 2013, that would be a big problem. if we can negotiate the timing it would be similar to what we did in iraq in 2009. i don't know if you recall. jenna: right. >> u.s. forced pulled out in the main cities of iraq 2009, 2 1/2 years before they left the country. this could be a nice waystation on the way out if we time it correctly next year. jenna: if they give us the time that is one of the big questions. michael we'll have to leave it there today. thank you as always for joining us. >> thank you, jenna. jenna: we'll be back with more "happening now" wake up! that's good morning, veggie style. hmmm. for half the calories plus veggie nutrition. could've had a v8. jon: there's new fallout today as new york becomes the first state in the nation to require convicts no matter how serious their crime to provide dna samples for a database. the issue is raising concerns with groups such as the american civil liberties union. rick leventhal live in the ire newsroom with that. >> reporter: supports say the state will be safer if passed it was supported by all the 62 district attorneys and 58 sheriffs and 400 police chiefs and say it will get violent offenders off the streets and keep them from committing future crimes. new york has been collecting dna 1996 and slowly expanding list of convicted criminals who must submit samples. before this bill only 48% of the offenders were included. when petty larceny was added in 2004 it helped investigators identify people link to the 48 murders and 220 sexual assaults statewide. >> i can't think of a more important singular law enforcement tool than expanded dna collection from all convicted offenders. >> reporter: the point is violent offenders don't just commit violent crimes. when they're caught and convicted of misdemeanors their dna will be collected and could link them too much more serious previously unsolved offenses but critics say state crime labs are not equipped to handle the bigger load. new york civil liberties union says life is not "c.s.i" episode. a massive expansion much new york's dna data bank without adequate saved guards will lead to mistakes and flawed prosecutions. a spokesman for the senseter for responsible genetics said this. >> when you add too many samples that increases mathematical odds that you have a false match and people will be wrongfully imprisoned and wrongfully convicted based on a wrong match. >> the bill's supporter says there has never been a false match. one exception to the law. if you're caught with small amount of marijuana and no prior criminal record won't have to submit dna but if you sell it, jenna and jon, you will be in trouble. jon: as you should be. rick leventhal, thanks. we'll be right back. imagine live with less chronic low back pain. imagine you, with less pain. cymbalta can help. cymbalta is fda-approved to manage chronic musculoskeletal pain. one non-narcotic pill a day, every day, can help reduce this pain. tell your doctor right away if your mood worsens, you have unusual changes in mood or behavior or thoughts of suicide. antidepressants can increase these in children, teens, and young adults. cymbalta is not approved for children under 18. people taking maois or thioridazine or with uncontrolled glaucoma should not take cymbalta. taking it with nsaids, aspirin, or blood thinners may increase bleeding risk. severe liver problems, some fatal, were reported. signs include abdominal pain and yellowing skin or eyes. tell your doctor about all your medicines, including those for migraine and while on cymbalta, call right away if you have high fever, confusion and stiff muscles or seriouallergic skin reactions like blisters, peeling rash, hives, or mouth sores to address possible life-threatening conditions. talk about your alcohol use, liver disease a before you reduce or stop cymbalta. dizziness or fainting may occur upon standing. ask your doctor about cymbalta. imagine you with less pain. cymbalta can help. go to cymbalta.com to learn about a free trial offer. jon: it was a party to mimic a hollywood blockbuster, and it ends in a deadly shootout. up to a thousand people attended a rave last night, and an attempt to recreate the movie "project x" in which high school studentshrow a house party that spirals out of control. when police tried to break up this real-life party in houston, partygoers brought out guns and began firing.