gusts up to 60 miles an hour. and large hail that could cause damage to any cars outside. look at the severe weather outbreak we're expecting? very large. the greatest chance of the severe weather is area shaded in red. most of the state of arkansas, if you live in little rock, heads up you have a risk for esear storms or longer tracked or stronger tornados. some of those can basically just track for longer distances. greenville, you're also in that area. memphis, tennessee, you're looking at that risk for severe weather as well throughout the day. as we head into the overnight hours the real danger out here you will not be able to see any of those risks out there. we have a tornado watch just issued across eastern portions of oklahoma and portions of missouri. until 3:00 p.m. local time. we're looking at a possibility again for tornados. right now no tornado warnings. we'll bring you the latest. then the storm heads eastbound. more storms for florida up through the mid-portions of atlantic. again more tornadoes possible. jon: scary stuff for january. maria, thank you. >> thank you. jon: brand new stories and breaking news patti ann: what is behind a salmonella outbreak and the action the fda just took. it is all happening now patti ann: get ready for political fireworks. president obama right now on his way to las vegas where he is expected to unveil his plan for immigration reform. this one-day after a bipartisan group of senators laid out their own proposal. hello, everyone, i'm patti ann browne in for jenna lee. jon: i'm jon scott. the president's plan expected to mirror much of the senator's blueprint but some key differences could spark a fierce debate. molly henneberg is live at the white house with more. those differences, molly, what are they? >> reporter: hi, jon. the white house says the president believes the senate framework is very good, as a quote, cause for hope but there isn't an actual piece of legislation yet so the white house is very careful not to comment too much what the president would would not like about it. there is a may be a key difference the president may want a faster path to citizenship than the by partisan senate group may want. the white house is not clear how much border security the president would want implemented before moving ahead to that pathway of citizenship. >> the president believes we need to move forward in a comprehensive way that includes a path to citizenship. that includes making sure that our businesses behave responsibly. that includes making sure that border security continues to be enhanced. >> reporter: president obama will kick off this public push for immigration changes in the state of nevada as you were saying, jon. that is a state where latinos make up more than a quarter of the population. they went two to one for president obama last fall in the election. it is also a state where illegal immigrants make up 7.2% of the population. jon? jon: what is the response from republicans so far? >> reporter: well you have buy-in from some of them. they were part of that bipartisan senate group. there was john mccain of arizona, jeff flake of arizona, lindsey graham of south carolina, and marco rubio from florida. they have agreed to that framework so far. the top republican in the senate though is waiting. he would like more details from that group and from the president. senator mitch mcconnell says he hopes the president's speech today is not, quote, another divisive partisan speech. he says immigration changes should be, quote, on a bipartisan basis and include ideas from both sides of the aisle. you have house republicans such as texas congressman lamar smith, he said in a statement, quote, by granting amnesty the senate proposal actually compounds the problem by encouraging more illegal immigration. smith also says legalizing illegals, quote, costs taxpayers millions of dollars and costs american workers thousands of jobs. jon? jon: molly henneberg at the white house for us. molly, thank you. another member of president obama's cabinet is heading for the door. transportation secretary ray lahood announcing he will step down. he's the only republican left in the president's first-term cabinet. lahood says he will stay at the department until his successor is confirmed. sources tell fox news the leading candidate to replace lahood including former senator blanche lincoln, mayor antonio villaraigosa from los angeles and former congressman jim oberstar, one-time chairman of the transportation committee. patti ann: turning to the big debate over guns we're learning more about options president obama may consider to enact sweeping new gun control measures without congressional approval. shannon bream is live this morning in washington. shannon, how could federal relayings, regulations that is factor into the gun control fight? >> reporter: patti ann there are a number of different proposals involving a number of different agencies. one group is pushing the president to go through the department of justice and a task force to track interstate weapons sales. another agency getting attention is the epa groups for years are pushing the epa to regulate bullets and ammunition pause of their lead content. epa says we don't have authority to do it. a number of groups filed lawsuits in federal court to force the agency to look over and how the bullets are being used where they are being used. this is what the lawsuit says. it is indisputable that lead is a chemical substance. epa concluded that toxic lead is a toxic substance and removed nearly all products containing lead from the market. the epa has not taken any action to regulate lead bullets and shot. that lawsuit was filed last summer. no decision yet from the court, patti ann. patti ann: how is the gun industry responding, shannon. >> reporter: they tried to get involved filing as intervenor wanting to be a party, the epa is right, saying it doesn't have the authority to tell you how much ammo you can buy, what kind you can use and you can't. here is larry keane, one of the industry representatives. >> we have seen and are concerned about efforts through executive orders and regulatory policy that would impact the industry. so we'll be carefully watching those but, you know, our industry has been under attack in the past and we have come together as an industry and we're, you know, to fight these challenges. we are responsible industry. >> reporter: by the way there is a bill on the hill right now attempting to make sure that the epa can not regulate ammunition. it failed last year. house gop is trying again this year. patti ann? patti ann: shannon bream, live in washington. thank you. jon: a fox news alert. going to take you down to baltimore now and the team that performed the first double arm transplant on an iraq war soldier, a veteran who lost two arms and two legs in an ied explosion. let's listen in. >> this is complicated arm transplant before. on the right side, as the diagram shows, we did an above-elbow transplant by connecting the bone muscles, blood vessel, nerves and skin between the donor and recipient. on his left side, in order to preserve the elbow joint, we transplanted the entire donor forearm muscles over his remaining tissues. then rerouted the nerves to the new muscles. the artery had to be repaired in a way to provide blood flow to both the remaining tissues and the new arm. the surgical team had rehearsed the procedure on cadaver arms four times in the last 18 months, and the actual transplant was executed according to our design. although brandon has done well from the surgery, the recovery process is not without risks or hard work. he needs to take anti-rejection medication which can lead to infectious or met billionic side-effects. however, he is on a special modulation protocol which our team developed in the research laboratory. as a part of the protocol, brendan received a bone marrow cells from the arm donor so that he will only take one anti-rejection medication instead of the usual triple drug cocktail. we have employed the same protocol successfully in our previous transplants and we also use it in our face transplant program at johns hopkins. brendan will also engage in intensive hand therapy which he already began a week after transplant. because the nerves regenerate at the maximum speed of one inch per month, the therapy will continue for a few years. first at johns hopkins. then at walter reed. the progress will be slow but the outcome will be rewarding. brendan tells me he is up to the challenge. his recovery reaches a milestone today with his discharge from the hospital. he will be staying locally for the next two to three months for further monitoring and therapy. his transplant could not have been accomplished without a highly collaborative team of physicians and professionals. and i'm delighted to introduce some of them who are with us today, and please stand up. dr. brendahur, the scientific direct to you are are of our vascular transplantation program. dr. jamie shores, the clinical director of our hand transplant program. dr. james higgins, chief of the curtis national hand center. and dr. patrick bacil, director of micro surgery at walter reed national military medical center. please sit down. also in the room today, and please again, stand up, carisa coony our research manager. cindy cohen and kate knots, our transplant coordinators. mary grace hands sell, operating room nurse manager. jon: if you want to continue watching the news conference we'll have i foxnews.com. doctors at john hopkins hospital in baltimore announcing they have down a double arm transplant on a very brave army soldier, brandon marrocco. he was the first american soldier to survive the loss of two arms and two legs. it happened in an ied explosion in iraq. it is an experimental surgery but doctors say he will be discharged from the hospital today after they transplanted donor arms. they hope that they willn essence take and that he will be able to gain more utility from those transplanted arms. it is a phenomenal story and he is a very brave veteran. patti ann: just incredible. right now the egyptian government is dealing with another day of violent protests. at least 52 people are dead and the head of the army is warning that the political turmoil is putting the state on the verge of collapse. president mohammed morsi declaring a state of emergency which includes a curfew in some cities. meanwhile police are clashing with demonstrators in cairo, using tear gas to break them up and arresting protesters who tried to storm a popular hotel. conor powell has all the latest on this story from jerusalem. hi, conor. >> reporter: patti ann, the protests entered their sixth day and they continue to be very violent. now the anger on the street stems from the slow pace of reforms both politically and economically and making matters worse, over the weekend on sunday night, president morsi introduced martial law into three cities including the major shipping hub of suez. the morsi defended the emergency law calling it necessarily but it is eerily similar to the one that ruled egypt for three decades during the hosni mubarak era. egyptians are increasingly complaining that morsi is another mubarak with a islamic face. the head of the military in egypt warned that the current political crisis could cause the collapse of the state and of the government. it is a really difficult situation in egypt because of this political turmoil. the opposition will refuses to speak with the government and the military is not threatening to intervene but there is fear they may be forced to going forward. a real strong hit to the fledgling egyptian democracy. patti ann? patti ann: conor powell live in jerusalem. thank you. jon: the boy scouts of america considering a major policy change, easing the ban on gay members. reaction is pouring in. we're live with that story. also, casey anthony back in the headlines more than a year after her stunning acquittal in the death of her toddler daughter. we're live at the breaking news desk with details. [ male announcer ] with over 50 delicious choices of green giant vegetables it's easy to eat like a giant... ♪ and feel like a green giant. ♪ ho ho ho ♪ green giant jon: all right. there's new reaction to what could be a dramatic reversal for the boy scouts of america as the group considers easing its long-standing ban on gay members. the change discussed would give different religious and civic groups that sponsor scouting units the freedom to decide the matter for themselves. doug mckelway live in washington for us with more on this this would be a sudden reversal of policy right, doug? >> reporter: sure would, jon. only seven months ago in fact the organization reaffirmed its ban on homosexuality but apparently has come under tremendous pressure from two of its board members and some of its chapters to change its ways. the new policy, if adopted would allow individual chappers and troops to decide for themselves whether to accept gays. for families who have long seen the boy scouts as a refuge for traditional values the proposed policy change is deeply disturbing. >> the overwhelming majority of families in scouts adhere to a traditional bib lickal view of moral values which we think homosexuality is incompatable. we don't want our sons mentored by gay men. >> reporter: others say the scouts ha long had gays this their ranks who were forced to suffer silently with their secrets. we have a former eagle scout and an openly gay man. >> i work with younger people and, that's where the buck stops. and to deny one young boy or young man the opportunity to be in community with the others, it's just so sad. >> reporter: interestingly both of those men speculate this policy change, if it happens, is to test the waters in anticipation of an organizationalwide total acceptance of gays at some future date, jon. jon: but the scouts already have prohibition on scoutmaster contact with scouts, right? >> reporter: they do. following literally hundreds of incidents of peddation by pedophiles the scouts adopted a policy where one-on-one contact between adults and scouts is prohibited. separate accomodations for adults and scouts are required. when camping no youth is permitted to sleep in the tent of an adult other than his own parent or guardian. jon? jon: dug mckelway with the controversy out of washington. thank you, doug. patti ann: the full senate is expected to vote later today to confirm senator john kerry as secretary of state. the foreign relations committee unanimously approved his nomination. the road could be tougher for former senator chuck hagel. why his pick for defense secretary could face a confirmation fight. a health concern you need to know about. ground beef being recalled because it could be carrying salmonella. we'll have the details. patti ann: right now a food recall you need to know about. the fda issuing a warning about ground beef at the center after salmonella outbreak. rick folbaum has all the details from the breaking news desk. hi, rick. >> the cdc has been able to link this outbreak to two different businesses in the state of michigan. so far 16 people in five different states have gotten sick. this is a form of salmonella that can lead to severe diarrhea and fever and cramps. it is usually called by eating raw or undercooked beef and seven of the people who got sick all reported eating at the same restaurant beforehand. the two beef distributors involved, one of them is in troy, michigan, the other in sterling heights. both recalled about 500 pounds of beef each. the products involved were sold in supermarkets and as well as to restaurants. make sure if you have any ground beef in your home right now that it is not a part of this recall. if it is you're told it throw it away. a health officials say to stay away from raw or undercooked meat. 160 degrees fahrenheit is the internal temperature that is needed to kill off salmonella. patti ann, back to you. patti ann: rick folbaum, thanks. jon: senator john kerry sails through with the senate panel just approving his nomination to be the next secretary of state. it likely will be a very different course for the president's pick for defense secretary. senator chuck hague compel -- hagel when he faces his hearings just two days from now. why? let's talk about it with peter brookes, senior fellow for national security affairs at. he will write a op-ed including plans for the defense budget, writing some believe hagel is being sent to the pentagon with a cleaver to hack away at an already shrinking defense budget. his past comments on pentagon spending makes this concern credible. then there is the issue of nukes with brooks writing, the prez sighs himself as a modern day proliferation of pied piper, believing he can lead the likes of russia, north korea, iran and toward total disarmament or nuclear zero. peter brookes joins us now. you said in this same piece, you said that the middle east, as a region is nothing less than a mess with ineffective u.s. policies a big part of the problem. all part of what the defense secretary, the new defense secretary is going to have to address, peter. >> sure. there is no shortage of issues out there. while john kerry was the former chairman of the senate foreign relations committee, so he is basically dealing with colleagues he worked with for a long time, i'm hoping that the senate armed services committee really pushes chuck hagel on obama administration policies. because you know, jon, when you become defense secretary or secretary of state, you don't run your own little fiefdom or foreign policy or defense party. you're part of the obama team. this is a good opportunity for the american people to get a solid airing on the issues that you know, face us. nuclear iran. our troops in afghanistan. you mentioned the defense budget, missile defense. proliferation. all these issues. so i'm hoping that chuck hagel will be pressed by members of the senate on the senate armed services committee about these very important issues that affect us today. jon: presumably he has been asked those opinions on those issues by the president. the president wouldn't have picked him for the job if he didn't share the president's views? >> no argument there because that is why this is really important because there is lot to be concerned about the president's foreign policy. look at syria, 22 months, 62,000 deaths. we have had no effect on iran's movement towards a nuclear weapon. what about the rise of china? are we going to have the forces we need to make that pivot to china? i said in that pies in the "new york post" yesterday, are we getting a powerful pivot or a plucky pirro wet? we need forces out there. we're living in a dangerous world. this person is one. key members that will advise the president on national security policy. jon: do you think it is realistic that congress will not hear enough of what it likes from chuck hagel it would actually potentially derail his nomination? >> that is always possible. this is for the senate to decide. i'm an outside observer here. but the purpose of this piece was to say there's a lot of issues here you really need to deal with, because you have a limited amount in writing an op-ed, a limited amount of words i didn't even get around to the issue of russia. think about our policy there. they talked about a reset. i call it a regret but certainly time to rethink our policy towards russia. what about mexico? they really need to dig down into these issues here and get answers that they're satisfied with as well as the american people, give them the information they need about our national and defense policies. jon: well you say after 10 years of war the pentagon needs recapitalization. yet we're looking at budget cuts. >> absolutely. and that's the real concern. chuck hagel has made some comments about, you know, paring down i think the word was the defense budget. critically important that we have the forces we need to deal with the national security challenges that we face. you know, jon, war is come as you are affair. you don't always get the opportunity to prepare for it. think about 9/11. so you really need to have the forces. it takes awhile to develop those weapons systems. we really need to think about these things as we go forward. jon: peter brookes, from the heritage foundation. peter, thank you. >> thank you, jon. patti ann: president obama is heading west today to rally support for immigration reform but there are new questions about whether he is also got another agenda that could pave the way for another democratic victory in 2016. we're following breaking details of an explosion at an oil storage facility. at least two people are injured, one critically. we'll bring you the very latest coming up. >> announcer: you never know when, but thieves can steal your identity and turn your life upside down. >> hi. >> hi. you know, i can save you 15% today if you open up a charge card account with us. >> you just read my mind. >> announcer: just one little piece of information and they can open bogus accounts, stealing your credit, your money and ruining your reputation. that's why you need lifelock to relentlessly protect what matters most... 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police shut down part of u.s. 41 in sarasota as the famed tightrope walker pulled off his latest stunt. he made headlines over the summer when he walked across niagra falls. but back then he was wearing a harness. congratulations. patti ann: right now president obama is on route to las vegas. we're just days into his second term. he is pushing ahead with the explosive issue of immigration reform. just a few hours from now the president will unveil his plan to revamp the entire immigration system. but congress got a jump on him yesterday when a bipartisan group of senators laid out their own proposal. senator marco rubio spearheaded that effort and had this to say about the president's plan. >> the president sees this as opportunity to move this issue to the left, to try to outbid us on immigration. i think that speaks poorly for the future outcome of this entire endeavor. this is solving a problem. patti ann: chief congressional correspondent mike emanuel is live on capitol hill with more on this for us. mike, any anxiety there about the president getting involved in immigration? >> reporter: patti ann, there is at least some because they recognize that when the presidential spotlight goes on an issue that gets a lot of attention. i can tell you many some of the senators involved want to get out ahead of the president of the united states to lay out their vision. the balance, if you will, in terms of a pathway to citizenship along with enforcement. here is one of the key republicans making his point. >> the president wants to go and basically chart a difficult path. and what i have heard about what he is going to say, he is going to say there is no lead to link a pathway to citizenship to border security. excuse me, mr. president? the last time we provide ad pathway to citizenship and didn't secure our border was in 1986. i'm not going to do that again. >> reporter: as it is there is no guaranty the bipartisan proposal would pass the house of representatives. they have work ahead trying to sell the house on it but, it if you take enforcement out of the plan the feeling up here on capitol hill it will be a no-go in terms of bipartisan support, patti ann. patti ann: mike, people see this as kind of a unique opportunity, a good time to strike on this issue? >> reporter: no question about that. post-election the feeling is this is the time to strike. the american public if you look at latest "fox news poll", 2/3 support giving a path to citizenship. bottom line, they feel now is the time. here is senator chuck schumer. >> politics on this issue have been turned upside down. for the first time ever there is more political risk in opposing immigration reform than in supporting it. we believe we have a window of opportunity to act, but we will only succeed if the effort is bipartisan. >> to make that effort bipartisan you need the enforcement mechanism essentially making sure that the borders are enforced and regulated as opposed to just giving people amnesty. patti ann? patti ann: mike emanuel, live on capitol hill, thanks. jon: so as the president heads west to rally support for immigration reform there are new questions about whether he's trying to cement the latino vote for democrats. in a region that is traditionally been a republican strong hold. we have mark berback of "the l.a. times" says that is exactly what he is doing. he writes, quote, the goal of democrats is lock in latino votes, and succeeding generations the way the party can in al important so they can focus resources on red states like arizona and texas. let's talk about with mercedes sclapp former spokesperson for president bush. and armando worked on communication efforts for the obama-biden re-election team. mercedes, to you first, what do you see as the president's goal as he makes the announcement today in vegas. >> this is political opportunity for him to go out to nevada to talk about immigration reform. the problem is, once again he might be polarizing and really alienating the republicans. we know that with the bipartisan plan that senators pushed forth yesterday it was clear both sides conceded. the republicans are talking about legal pathway to earn citizenship while the democrats are talking about security borders and more enforcement and so those are positive steps forward and they're bold. i really worry that with president obama stepping in, he could alienate the republicans and at the end, basically cause this immigration reform plan to fall through. jon: does he care if he alienates republicans? >> i think that republicans run at the risk of their own peril opposing this comprehensive bill. i think election results spoke very clearly about the role that latino voters played, not only in being part of the coalition that propelled president obama to victory in re-election in 2012, we saw the same that mom fon in -- phenomenon in 2008. don't forget the reality what happened in 2006. in very successful midterm election for the republican party, latino voters, particularly in the state of nevada where the president is speaking today, managed to allow the senate to be held and in control. democratic. the question is not whether the president is alienating republican voters but whether the republicans will be perceived as a roadblock when the president's intentions passing comprehensive immigration bill are clear. >> since when have we seen bipartisan legislation pass through since obama has been president? unfortunately during the fiscal cliff negotiations were the ones passed through with mcconnell and biden in the senate. the president is the wrong messenger to help push forward this immigration reform. you need senator marco rubio to be mentioners out talking to convervatives and republicans to sell his plan. he is right leader to push this through as bipartisan gang of eight. jon: you just heard chuck schumer, the senator from new york, hardcore, staunch democrat saying this is only going to work if it is bipartisan? >> well i think it is bipartisan. everybody is talking about the gang of eight. i think all of us were looking at the gang of two, namely o'reilly and hannity came out for comprehensive immigration reform and the tone that said. the story going unnoticed you have republican senators in, not only in favor but supporting almost immediate path to legalization which in essence puts them on the course to path of citizenship. i think that is the great development you've seen emerge out of this bill in the senate. i think something the president has articulated all along being consistant with the principle he pushed for and egg a erly we're waiting to see what he talks about in his speech this afternoon. jon: we'll hear from the speech from the president in las vegas. thank you both. >> thank you. >> thank you, jon. patti ann: breakthrough surgery giving new hope and new arms to an american hero who lost all four of his limbs in iraq and now he is speaking out. plus casey anthony getting schooled on debt, literally. what we are now learning about her mountain of financial problems. patti ann: brand new stories coming up next hour. four years after president obama promised to close guantanamo bay the state department closes the office that was working on shutting it down. what this could mean for the prison's future coming up. and a desperate search underway for the pilot of a missing f-16 fighter jet. rick folbaum brings us the latest breaking details. we'll tell you where drivers are bracing for a new pinch at the pump and how that could affect the rest of the country. that is all coming up at 12:00. jon: breaking news out of east texas where a oil storage facility on fire. crews are working to try to stop the huge flames from spreading. it all began with an explosion at one of the storage tanks. two people reportedly smoking cigarettes on an oil tank at the time of the blast said to be seriously injured. one is reportedly on life-support. casey anthony says she is deep in debt and now she seems to be one step closer to getting out of it, passing a class she needs to declare bankruptcy. rick folbaum has details from the breaking news desk. rick? ric if we haven't seen a lot of casey anthony lately because in part of the fact she has been in school, partly. "tmz" says because of her recent bankruptcy filing she has been required to take an online class how to stay out of debt. she was acquitted last year in the murder of her young daughter caylee. she filed for chapter 7 friday saying she owes 700,000 to five lenders. 500 thou is owed to her former defense attorney, jose baez. a big hole for her to climb out of. not sure how much an online class will help the situation. pretty standard for those filing for bankruptcy to be required to take that class. according to "tmz", she passed the, jon, with flying colors. jon: unbelievable. rick folbaum, thank you. patti ann: a miracle surgery is finding aly giving a wounded warrior a chance to start over. brendan marrocco lost all four limbs because of an roadside blast in iraq in 2009. we have been following his story ever since. life-changing news for the hero. a double arm transplant. national security correspondent jennifer griffin is live at the pentagon. hi, jennifer. what can you tell us about sergeant brendan marrocco? >> reporter: he is absolutely amazing. he is speaking up at johns hopkins where they did the double arm transplant. he was the first double amputee from the wars. he is sitting there with these two new arms. it is a touching thing. here is how he described how it feels to have the new arms. >> it fails amazing. it's something that i was waiting for a long time. and now that it finally happened i, i really don't know what to say because it is such a big thing for my life and it's, just fantastic. >> reporter: he is a 26-year-old soldier and was injured on easter sunday in 2009 in iraq. the most proud and unaassuming guy. he has an amazing sense of humor. this is what he says he looks forward to doing. >> i just want to get the most out of these arms and just, as goals come up, knock them down and just, take it as absolutely far as i can. so really i just want to, i just want to get to the point i can be completely on my own and just get back to enjoying life. >> reporter: he wants to start driving. right now, there are two other quadruple amputees up at walter reed. they're recovering and about 300 overall have lost limbs from these wars. brepd dan marrocco is shown here before his surgery in a new home built by a group called homes for heroes in staten island where he is from. his house was damaged by hurricane sandy but he says it is being rebuilt. patti ann? patti ann: a lot to go through. how long before he might be able to use his arms? >> reporter: well it is very interesting. his doctors described how he is going to gain about an inch of nerve and feeling every month. so this just happened, this surgery just happened on december 18th and so, he has some feeling. he started to move his arms. this is what his doctor, andrew lee, just said. >> brandon will also engage in intensive hand therapy which he already began a week after transplant. because the nerves regenerate at the maximum speed of one inch per month, the therapy will continue for a few years. >> reporter: dr. andrew lee has done almost half of the arm transplants in this country. 80 arms have been transplanted in '60 patients around the world. this is a relatively new procedure. hess team of doctors, 12 surgeons worked on him simultaneously. so he will be able to tie his shoes, an even use chop sticks down the road, patti ann. patti ann: i can't use chop sticks. jennifer griffin, thank you. jon: phenomenal. the ongoing gun control debate. we hear a lot about fbi background checks but what actually goes into them? and are there loopholes? we're live with that story. and brand new research on breast cancer. you might be surprised to learn which treatment has the best survival rate. we'll go in depth coming up. patti ann: new information could save the lives of patients suffering from breast cancer. researchers looked at more than 100,000 cases and they found that patients in stage one and stage two who chose to remove only the lump and get radiation treatment had a better survival rates than those who chose a mass second my. dr. marc siegel, from langone center at new york university and fox news contributor. >> hi, patti ann. patti ann: this is for maul early breast cancers. can we assume part of the reason people who get a mastectomy. >> they look at those for very early type. they looked california registry of over 100,000 patients as you said. this is very large study. it speaks to fear, patti ann. the idea sometimes women might have a mastectomy, thinking the best way to keep this from coming back is to remove the whole breast. years ago we moved into the direction of lumpectomy, and breast conserving therapy. lately there is more trend back in the opposite direction. more and more women wanting mastectomy. there are reasons for that. you have if genetic problem and infiltrated type of breast cancer you can't really contain. for most women if it is very early, lumpectomy and radiation is the best option. this study is dramatic. it shows in the years after the surgery there was literally a 14% less dying of breast cancer if you had the more limited procedure and 19% overall. that includes heart disease and other problems women can have from having had a mastectomy. patti ann: why would a woman who had a mastectomy more likely to die of heart disease? >> there are two reasons. first of all, woman who chos that may be sicker. secondly the surgery may have more complications. sometimes less is more. if you do a bigger surgery, there is more risk of bleeding, more risk of side-effects, more risks of anesthesia, all these risks if you have underlying disease can increase your risk of dying. the question is what works the best. it is proven lumpectomy plus radiation is not only alternative to mastectomy but should be used in most cases. this is great reminder. it is observational study. it is not proof but reassuring to woman considering the more conservative option. patti ann: as you say the authors pointed out, this is a linkage but not necessarily a cause and effect. but you believe women should consider this study when choosing a treatment course? >> they should consider the study. they already should have considered data clearly shows lumpectomy is the way to go in most cases. i think fear is the issue here. this helps cut through the fear. you don't have to have the breast removed in order to survive. that is the bottom line here. we knew that before this study. this study is only observational but it adds more information to what we already knew and reassuring for women out there that those a lumpectomy. patti ann: thank you, dr. siegel. >> great to see you,. patti ann: jon. jon: the u.s. is hoping to build a new military base but the location might come as a surprise. why the pentagon wants to put u.s. troops in northern africa. in arizona the defense team for jodi arias begins its case. the young woman accused of brutally murdering her ex-boyfriend could take the stand. could it save her life or help convict her? we'll talk about that coming up. ♪ alright, let's go. ♪ shimmy, shimmy chocolate. ♪ shimmy, shimmy chocolate. ♪ we, we chocolate cross over. ♪ yeah, we chocolate cross over. ♪ [ male announcer ] introducing fiber one 80 calorie chocolate cereal. ♪ chocolate. hi victor! mom? i know you got to go in a minute but this is a real quick me, that's perfect for two! campbell's chunky beef with country vegetables, poured over rice! [ male announcer ] campbell's chunky soup. it fills you up right. >> reporter: hi, everybody, folbaum in the control room. a brand new hour straight aheld. about a month after after newtown, state lawmakers in connecticut are huddling to come up with a bill aimed at reducing gun violence. meanwhile, gun makers and retailers want a say in that. we'll tell you what they're saying, that's straight ahead. also some brand new developments this hour in the search for a missing f-16 fighter jet and pilot that disappeared after taking off on a raining mission in italy yesterday. we've got the very latest on that. and while a lot of us are so grateful for the warmer temperatures outside, they're causing some severe weather in a lot of the country. we've got the complete forecast for you. all of that and breaking news as the second hour of "happening now" starts right now. ♪ >> we cannot continue as a nation with 11 million people residing in the shadows. patti ann: a new bipartisan plan focused on millions of illegal immigrants already living in america providing a pathway to citizenship. welcome to a brand new hour of "happening now," i'm patti ann brown filling in for jenna lee. jon: i'm jon scott. president obama on his way to las vegas where he will try to rally support for the plan while setting out proposals of his own. the bipartisan plan unveiled yesterday calls for a path to citizenship and immigration overhaul, employment verification and worker programs. let's talk about it with bob cusack, the managing editor of "the hill." a lot of people might be confused by the fact that senators came out with one plan yesterday, the president comes out with a plan today. what's the political gamesmanship, i guess, that's going on here, bob? >> well, you have a lot of senators who want to have a hand in this, and so whether it's the judiciary committee chairman, patrick leahy, who's not part of this group, senator marco rubio who might run for president in 2016, there is, i mean, this is a senate development, but we've got a long way to go. it's got to get through the senate, it's going to be a slew of amendments, maybe 100 amendments on the senate floor, and then they've got to merge these bills. and remember, in 2007 president george w. bush said i'll see you at the bill signing, and that bill signing on immigration never happened. so the chances of this, i think, are pretty good, but there's a long way to go. but there could be legislation signed into law, i think, by the august recess. jon: well, the president, is the president trying to steal some of the senate's thunder? >> what the president has to be very careful, and that's what senate republican leader mitch mcconnell warned him of, of not having a partisan speech, and we saw a bit of that in the fiscal cliff negotiations right before the new year. and there was this fragile compromise that republicans worried was going to go through because of that presser. so obama, i'm sure, is going to be putting out his own proposal but praising the bipartisan effort here. but republicans are nervous that, you know, this is a fragile group in washington, anytime there's a bipartisan group, it's fragile, and you can't get too partisan with this issue because it's way too thorny. jon: well, and there are those who have accused the president of trying to, you know, lock up the hispanic vote, you know, for time immemorial by trotting out this proposal. um, do we know if his proposal is going to be that much different from what the senate has put forward? >> well, it looks like there's going to be some gay rights language in there that's probably not going to be passing congress anytime soon that would extend gay rights to couples in immigration reform plan. there also, the pathway to citizenship, critics call it amnesty, the president wants it sooner than what, certainly, the house and to a lesser degree the senate want. so there's going to be differences of opinion here, but there are going to be -- this is something that obama has promised to do in his first four years repeatedly, did not get it done, and now he's going to be part of this. but some lawmakers think that the less engaged he is, it might be better off if he's not engaged and let the senate work its will. jon: well, he doesn't generally like to get involved in the nitty-gritty details of legislation, does he? >> no, no, and is we saw that in the fiscal cliff deal with joe biden getting involved. this is the perfect situation where you could have a bill eventually becoming law where obama does what he wants, he gives speeches, and his white house shop works at the details with members of congress, and there's a deal. and this is, clearly, i mean, there's a shift in the republican party. they know they've got to do better among hispanics, and there hasn't been a lot of criticism from the right on this bipartisan deal, not yet. there's been some but not nearly as much as there was six years ago. jon: bob cusack from "the hill," thank you. >> thank you. patti ann: growing concerns right now over the possible censorship of court hearings at guantanamo bay. a judge there speaking out after an unknown government entity cut his court's video feed during hearings for five men accused of plotting the 9/11 attacks. chief intelligence correspondent catherine herridge is live in our d.c. bureau. catherine, what are we learning about this court censor? >> reporter: having been in the military court about a dozen times, i know from personal experience that there is a censor who blocks the audio feed to reporters and the public during hearings when classified information is being entered into the record. but during today's proceeding, the military judge complained about another level of censorship, one that he had no control over. when the lawyer for the self-described architect of 9/11, khalid sheikh mohammed -- on the left shortly after his capture and on the right how he looks today -- began talking about the secret prisons where one of the 9/11 suspects was interrogated, the court was blasted with white noise. that has never been revealed before, so the bottom line is that there are three levels of censorship at gitmo, and this would buttress the position of groups like the aclu that these proceedings you should the obama administration are -- under the obama administration are far from transparent. patti ann: is there any speculation as to who this third party might be? >> reporter: not at all clear, but what's most telling is the military judge said it was not himself, and it was not the court security officer, so this came as quite a surprise to him personally. patti ann: right. meanwhile, what are we learning, catherine, about the administration's plans to close gitmo? >> reporter: well, an obscure internal state department announcement has revealed the administration's direction on closing the guantanamo detention camps. daniel freed, who has been charged with overseeing the transfer of detainees, has been reassigned, and no replacement has been identified. a military source told fox that this is a tacit acknowledgment that closing the camps is not a priority in mr. obama's second term. since 2009 the number of detainees has dropped under president obama from 242 to the current level of 166. 71 have been transferred out, the difference in the math appears to be that single death at the guantanamo camps. it's worth noting in the last four years the access to the camps even for journalists has become more ricked. this is rid slow from 2008 under -- video from 2008 under the bush administration where tours were frequent and included the high and medium security facilities. journalists can no longer tour the camps on the same trips where they cover the military trials. the greatest number of detainees remaining is close to 100, and they come from yemen, they cannot be transferred to their own country because of the instability there and the growth of the al-qaeda affiliate, al-qaeda in the islamic -- arabian peninsula, rather. patty patti ann? patti ann: catherine, thank you. jon: half the states have decided against setting up insurance exchanges forcing the feds to carry out that part of the mandate. the program is set to given in october. is set to begin in october. our chief national correspondent jim angle is live in washington, he'll make it all clear for you. jim? [laughter] >> reporter: i'll try, jon. that's right. twenty-five states, half of them have rejected the idea of setting up their own insurance exchanges under obamacare leaving it to washington instead. >> they've essentially said to the federal government we don't, we don't really want to be a part of trying to clean up this train wreck we see coming. >> reporter: the administration seems almost desperate to get the states to create their or own exchangings. hhs secretary sebelius moved the deadline from november to december, then from december to january and finally just left it open altogether. >> the most recent announcement basically said, look, do what you want, get it done when you want, please do something. >> reporter: if washington has to manage far more exchanges than planned, more and more analysts are doubtful it can make the october deadline to have the exchanges in place so they're ready for 2014. >> they failed to meet deadlines within the first 12 months. the fact that they have this deadline that the exchanges will be up and running in 2014, it's like finding a white unicorn. it's impossible to meet that deadline. >> reporter: now, setting up the exing changes is no small feat, it requires the irs to track monthly incomes of every single person to determine who qualifies for how much in subsidies, then that has to be shared with other agencies. with such a complicated process, a lot could go wrong, and some argue that's why hhs wants more states to participate so the blame for any problems won't fall entirely on the administration. >> they'd rather share political responsibility with the states so that they don't carry the full burden if the program really falls well short of expectations. and promises. >> reporter: now, hhs has always said and comets to say it will -- continues to say it will make the deadlines. it's also starts referring to exchanges as insurance exchanges even though people will only be able to buy insurance approved by the federal government and usually far more than what many buy today. jon? jon: oh, boy. it's getting interesting. jim angle in washington, thank you. >> reporter: you bet. patti ann: well, "happening now," gas prices going up again. aaa saying the average for a gallon is now $3.36, that's five cents higher than a week ago, and adam shapiro is live from fox business network at the breaking news desk with more for us. hi, adam. >> reporter: unfortunately, what goes up may not be coming down anytime soon. you can blame warm weather for the increase in gas prices. aa reports that california is among the first big states where refineries are switching over the more expensive summer blend of fuel. the average price for a gallon of gas was up 12 cents from a month ago, and some analysts predict the price in california could predict up to 25 cents over the next two weeks. demand for gasoline also increases. it's a different story in other parts of the country though. drivers on the east coast, here in new york, for instance, and in the midwest are actually paying the most on average for gasoline. new york city filling up costs on average $3.83 while drivers in chicago are paying about $3.60 a gallon. why? midwest gas prices are going up because the supply of crude oil available to refine into gasoline is having trouble keeping up with demand. aaa blames the lack of pipelines to ship oil, pipelines like the planned keystone xl pipeline which aaa says is depriving midwest refineries of their normal oil supplies. bottom line, don't expect the price to come down anytime soon. patti ann? patti ann: adam shapiro, fox business network, thank you. jon: a new front opening up in the war on terror. how the u.s. military plans to step up our presence in a very dangerous part of the world. and what it could mean for our troops. plus, a new budget battle looming on capitol hill with the potential to shut down the federal government, just ahead. ♪ [ loud party sounds ] hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach. nine grams protein. zero fat. i have obligations. cute tobligations, but obligations.g. i need to rethink the core of my portfolio. what i really need is sleep. introducing the ishares core, building blocks for the heart of your portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. jon: well, your uncle sam dodging one bullet as congress gets ready to extend the debt ceiling, but another budget battle could shut down the entire federal government. rich edson is lye on capitol hill for the fox business network. what's going on, rich? >> reporter: good afternoon, jon. in a couple of days, the senate will vote on a proposal to extend the debt ceiling out til may, so if the senate does, it heads to the white house for the president's signature, and that reorders the calendar of deadlines as far as spending is concerned, so next up would be the government spending cuts, the automatic spending cuts known as the sequester followed by march 27th a large chunk of government spending authority runs out. and without an agreement the, basically, no spending agreement there you'd have a government shutdown on may 18th, that's the next debt ceiling deadline if this does manage to pass the house and the u.s. senate and go to the president's desk for his signature. analysts are saying next up now is that big government spending fight dealing with the appropriations process, and it makes it more likely now with that up next that there could be a goth shutdown. a government shutdown. >> you know, take off the worst case elements of what, you know, could be a worst case scenario by removing the debt ceiling, essentially, and then have just a good old fight on spending, and, you know, with those kinds of ground rules, the markets can continue to recover, and that would be best for everybody. >> reporter: so the spending fight is up next. neither leadership in the democratic or republican party is threatening to shut down the government, but there still are agreements on how much money to spend sw what to mend that on, and if there is no agreement by march 27th, we are discussing another government shutdown. jon: all right. what a way to run a country. rich edson, thank you. patti ann: well, the gun control debate taking center stage in the senate tomorrow. universal background checks are one measure everyone seems to agree on, but the current system has a lot of problems. william la jeunesse has more on that for us now from los angeles. hi, william. >> reporter: a cornerstone of that system to stop the bad guys from getting guns starts with this form that you fill out when you want to buy a gun. are you mentally ill, do you use marijuana or any depressant? if you lie, there's a huge fbi database that's supposed to stop that sale, but even the federal government admits it's full of holes and few lie years are ever punished. it is the first line of defense against gun crime, the background check. >> this is to make sure that you don't have anything prohibiting in your past that would keep you from owning a firearm. >> reporter: felons, fugitives, domestic abusives, drug users, illegal aliens, among others, cannot buy a gun. >> they're going to take ten days and put you through a background check. >> reporter: currently, all states require fbi background checks on weapons sold at gun stores against a criminal database. some states include gun show sales for most weapons, but a majority do not, a loophole some lawmakers hope to close. >> background checks for all firearms sales. not just by licensed dealers, but also at gun shows, private sales. >> reporter: but the system remains grossly incomplete according to a federal audit last year, missing millions of court records identifying the mentally ill and drug users. which explains why 21 states, including california, do their own, more thorough checks, and require waiting periods from three days to six months to get a gun or gun permit. twenty-nine states rely solely on the fbi. is it hard for a person with a criminal record to get a gun? >> no. >> reporter: not that any of this matters to those who don't follow the law. where do crime guns come from? >> pretty much the streets. >> streets. >> i'd say 95% off the streets, the crime guns. >> reporter: now, these felons in phoenix clearly are outside, knew how to get their guns outside the system, but out of six million people who tried to buy guns in 2010, the background check system denied just 1%, just a fraction of those -- 13 people -- were found guilty of lying on their 4473 form. the bottom line, patti ann, while most support a more robust system, making it better has not been a priority of the administration, at least until now. back to you. patti ann: interesting. william la jeunesse live in l.a., thank you. jon: the payment of a u.s -- pilot of a u.s. fighter jet disappears off the coast of italy. an update on the search underway right now. also, the pentagon preparing to open a new base in africa. the reported deal with niger will allow the u.s. to operate drones from that region. why this move is necessary in the war on terror. [ male announcer ] when these come together, and these come together, one thing you can depend on is that these will come together. delicious and wholesome. some combinations were just meant to be. tomato soup from campbell's. it's amazing what soup can do. i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is! jon: right now an urgent search underway to fight a u.s. fighter jet missing off the coast of italy. the air force losing all contact with the pilot of that f-16 yesterday. rick folbaum is on it. >> reporter: we're following the details, jon, and we've just gotten word that debris has been found in the adriatic sea, and this could be, investigators believe, wreckage from the missing fighter jet that disappeared after taking off for a training mission on monday. apparently, the weather very bad at the time. four f-16s leavitt the air base as part of this mission, only three came back. the italian coast guard is helping out in the search, but apparently the conditions are only slightly better today. a heavy fog is the main problem, as you can see from this footage here. the number one priority we're told is finding the pilot. he apparently radioed that he was having problemmed right before his -- problems right before his plane disappeared. the fighter jet was apparently not carrying any weapons at the time that it went missing, and because this search is taking place in the adriatic sea, there are italian rescue boats involved as well. if we hear anything more on this, jon, we'll certainly pass it along. back to you. jon: let's hope they can find him. rick folbaum, thank you. patti ann: a new battleground in the war on terror, the u.s. reportedly ready to sign a deal with niger to open a new drone base in west africa. it brings u.s. forces to the border with mali where french troops have been helping battle islamist militants. al-qaeda-linked groups are making northern mali a base for terror operations, so let's look at what this might mean. we're bringing in general jack keane, former vice chief of staff for the army and a fox military analyst. thanks for joining us. >> glad to be here, patti ann. patti ann: this u.s. and niger signed a status of forces agreement, and that is considered the first step, but it is so far not approved by the pentagon, the white house or knewier, but -- niger. what would this mean? >> well, this is pretty senate. they've actually been working on this for some time, almost a year. but i think it's put on fast forward as a result of the mali operation that the french have been involved in. right now the french have no intelligence, reconnaissance and surveillance capability. in other words, they have helicopters, and they have some fighters, but they have no way to be able to see what the enemy's doing and to be able to see it over a period of time. this will give them that capability. where this space will be located in niger is just, it's very close to the operations area in northern mali. it's actually closer to the operations area in northern mali than the capital of mali is to it. so it'll be very senate militarily, and i -- significant militarily, and i know the french will appreciate it as well. patti ann: for now we're talking about unarmed drones for intelligence, surveillance and reconnaissance, but is there a possibility that eventually this base could use armed drones? >> oh, yeah, absolutely. i clearly believe we're heading in that direction. and unstated here, and it's probably -- i know it's classified, and it should stay that way, but we know that the central intelligence agency will be conducting operations in certain parts of north africa. and when they're doing that, they're using armed drones as well. but this is a step in the right direction here, patty ann. i mean, the al-qaeda have delivered a blow to us in benghazi, and we have never really responded to it except with an fbi investigation, and this is the first step that we're starting to move in that direction, that the united states is going to be involved. we did have some success in somalia in the east against the al-shabaab terrorists, an al-qaeda-affiliated organization. but since the rise of al-qaeda in north africa, this is really our first step at pushing back on it. patti ann: you know, in general african countries are uncomfortable about housing u.s. bases because they are terror targets, so why is niger expressing so much interest in cooperating with the u.s.? >> they know what's going on here. patti ann, that the terrorists, aqim in northern mali want to establish a sanctuary. they are so emboldened by what took place in benghazi and the success achieved there that they decided to move out of that sanctuary and to drive toward the capital city. that is what brought the french in on an emergency basis to intervene, and they have stopped them from doing that. so niger knows how aggressive the aqim is and that they intend to conduct operations in the neighboring countries of northern mali. and niger sits right there on the border, and they know they're being threatened by it. they're willing to accept the risk of the magnet that a u.s. base is to terrorists as opposed to the risk of what those terrorists would do overall to their country. patti ann: but you say the state department is overall reluctant to militarize africa. why? >> well, when you talk to the people in africom, that is the combatant command that looks at africa, military command, regional command as we refer to it, they have had difficulty making military moves in northern africa not -- mostly for presence, not to be involved in any fighting, because of the state d.'s unwillingnesses to -- state department's unwillingnesses to militarize it. that's their word, not mine. and the fact of the matter is where we have militarized places to provide presence has led to growth, development and, in some cases, absolute prosperity. true in europe and certainly true in the pacific. and so i believe we're going to have to have a greater presence in northern africa from africom. and i think this is a step in the right direction. the command needs more resources, and it absolutely needs more presence. not to be involved in conflict, but to prevent conflict from taking place because of that presence and the assistance that they can provide to the africans in the countries that are being threatened. patti ann: all right. general jack keane, thank you so much. >> take care, patti ann. jon: a cold-blooded killer or innocent victim? the high stakes -- [inaudible] takes the stand in her grisly fatal attraction murder trial. our legal panel takes up that case. plus, severe thunderstorms, strong winds and possible tornadoes in the forecast. janice dean with what you need to know. [ male announcer ] this is anna, her long day teaching the perfect swing begins with back pain and a choice. take advil, and maybe have to take up to four in a day. or take aleve, which can relieve pain all day with just two pills. good eye. jon: very active and scary weather pattern moving across the central states, setting the stage for severe thunderstorms, strong wind and now word of a tornado warning. janice dean is in the extreme weather center tracking it all. never good when you see that much red on the map, huh? >> no. this is something that you typically see in late march or april, jon. so, unfortunately we're already getting reports of damage in cedar springs missouri. tornado watches in effect. that means conditions are favorable for tornados. this is severe thunderstorm watch including in the city of dallas. the tornado watch is 7:00 p.m. for parts of texas in through oklahoma. this one here until 3:00 p.m. including up towards missouri, kansas city, included there. so we're unfortunately going to see the threat for tornados throughout the afternoon, even into the overnight. this is the latest tornado warning. you see the signature hook that we look at on doppler radar, to show you strong rotation. again damage reported near cedar springs. this is southwest benton, northern hickerry and northeastern st. claire county, in central missouri. as the cell continues to press eastward we could possibly see more tornado warnings issued. this will be ongoing three the day into the overnight and into tomorrow. this is rare moderate risk that the storm prediction center has issued. meaning we don't typically see the die nammings we're seeing today for tornado watches and warnings. in the red shaded area we think all the ingredients come together for hail, damaging wind and long-lasting tornados. wherever you see the yellow shaded area. we're not out of the woods. you could definitely see damaging winds and isolated tornados. the threat is all the way up the southeast to the mid-atlantic region. we look for very warm, moist, unstable area. we'll deal with record-setting temperatures across the south in some cases. 73 in dallas. 55 in kansas city. in st. louis we're at 68 degrees. so, jon, this is something we typically see in late spring, a dynamic weather system that will give us unfortunately the potential for very damaging storms throughout the day and into the overnight and into tomorrow. so we'll keep you posted of course. jon: please stay on top of it for us janice. thank you. >> will do. patti ann: "happening now", will she or won't she? it could make for a dramatic turn in the so-called femme-fatale case. jodi arias is expected to take the stand this week in her murder trial. she will try to convince the jury of her third version of events in the death of her boyfriend. she is now claiming she acted in self-defense when she stabbed travis alexander 27 times before shooting him in the head. could her testimony help avoid the death penalty? lis wiehl is fox news legal analyst and doug burns is criminal defense attorney and both are former federal prosecutors. thanks to both of you for joining us. she admitted she killed him but went through three different versions of the story. is she a good witness. >> she will be a horrible witness but i think she has to take the stand. if she doesn't take the stand, they will be given instruction you can't take the fact against her but know they will. if she doesn't take the stand to defend herself they will hold it against her. she will take the stand and mopey an crying trying to be likable and all this. the jury will be assessing her credibility. here is what i say if i'm the prosecutor, if i'm the prosecutor i'm loving this cross-examination that is coming up. i will go through version by version what she said. lie, lie, and now we're supposed to believe you? self-defense, really patti ann? 20 times stabbing him and shooting him in the head? that self-defense? i don't think so. patti ann: doug, what about that? is the jury going to buy she needed all of that to stop this guy from hurting her? >> it is very, very hard. set up the legal test. if you're presented with deadly force, you can respond with many could men's rat deadly force. is there some argument theoretically that you know, you needed all that continue ages? not really. i think honestly, i think she is facing uphill battle. back to what lis is saying. conventional wisdom when you have a witness who lied twice it will be withering i will call it cross-examination. there is one exception. that, lis, you find this interesting. when a cooperating testifies before the government and lied previously denying the involvement. >> there is reason for that. >> i did do it and he did it with me. juries will believe that. but when you have a defendant with two exculpatory versions that are false and now self-defense and 40 stabs? no. patti ann: all those lies. on top of that in terms of her being a sympathetic witness, lis, the fact 24 hours later she was fooling around with another day. >> exactly. she drove off to utah to fool around with another guy. she set this up, this is the pros keegs's tale, i'm thinking the jury will believe this but after casey anthony i'm really scared to make my predictions. patti ann: right. >> seriously, she set this guy up. she admitted that she murdered him. then she drove to utah. within 24 hours she is with another guy and we're supposed to believe he was stalking her. that is her story. he was stalking her. she drove for all those hours to get to him? doesn't make any sense, patti ann. patti ann: doug, lis is not convinced we'll have a conviction here of the a lot of articles as you read about the case a conviction is foregone conclusion. if she testifies because she only wants to avoid the death penalty. do you think it is a foregone conclusion? >> whether to testify is a catch-22. the state may have already proved it. i have to get up there and end up as a practical matter making things worse. it does bear reputation in casey anthony they went with the wrong theory. they had felony murder. she administered chloroform to the child that is felony. that is a death. felony murder. same level of murder. they went with the wrong theory swinging for the fences. here it is a little bit different. i think that she has a very, very tough road in this case. >> here is one thing i will make for the defense here. >> sure. >> hard for me. >> that is surprising. >> from the prosecutor. do you know, patti ann, 1.29% of the people on death row are women? only 61 out of 3170 women on death row in this country. so, to me what that says there is some sexism going on. if she comes across as marginally likable, hard to believe, then it may take the death penalty off the table just because of these stats that i'm looking at here. patti ann: what does she have to do to turn this around, doug? i mean, so unsympathetic? >> let me work off lis's point, lis is breaking this down into two separate categories. i totally agree with you. category 1 can she beat the conviction by i can staing the stand? lis is inherently saying no. lis switches it to, wait a minute, could she potentially take the death penalty off the table and i agree with lis. if she comes across, some way, shape or form, somehow people can identify with a lows of control -- >> spurned lover. >> some type of emotional revenge level, then theoretically they may sympathize with her at the death penalty phase. patti ann: well, prosecution is painting her as this fatal attraction psycho stalker. so that is not sympathetic. >> still watch out. patti ann: lis wiehl, doug burns, thanks as always. >> my pleasure. patti ann: jon? jon: a new push in connecticut to curb gun violence. why gun advocates want to restrict who can or can not buy a weapon. plus making the best of a terrible situation. debris from superstorm sandy now being put to good news. . . . .. jon: in connecticut gun rights advocates converging on the state capitol to speak out against new proposals to ban certain weapons. but they say they are in favor of some restrictions. rick folbaum explains. rick? >> jon, the gun industry in connecticut wants a say in any new gun control laws that state lawmakers come up with. not surprisingly their main concern would be some kind of an outright ban. they say they are more in favor of laws that would keep people with mental health problems from getting access to weapons. this morning some gun industry representatives spoke out. >> i am here to say that we are very committed to safety in the communities. that we are here to be a part of the solution and to contribute any way we can to make a reasonable and enduring solution for safety in our communities. >> that word reasonable you just heard was repeated over and over again by these gun advocates, to describe what restrictions the industry would be open to. what is reasonable to the industry might be very different than what is reasonable to the people in a state that is still reeling from the newtown massacre in december. lawmakers at the state and federal level are looking for ways to curb gun violence. in connecticut's legislature, a bipartisan task force began hearings yesterday. they hope to have a bill ready for a vote by the end of next month. back to you, jon. jon: rick folbaum in our newsroom. thank you, rick. patti ann: "happening now", sandy's aftermath. the destruction from the superstorm expected to leave more than 16 million cubic yards of debris in landfills that is enough to fill the empire state building some 16 times over but a lot of it could be reused. rick leventhal is live from the rock awas in queens, new york. hey, rick. >> reporter: we're at one of two temporary dump sites still salvaging storm debris three months after sandy hit this area. they're running here 24 hours a day, seven days a week. we've seen a parade of sanitation trucks bringing in debris from breezy point, rockaways and brooklyn. you see the large excavator on top of the pile. it is putting debris in another truck to bring to a landfill. this is monumental job with no end in sight. three months after hurricane sandy swamped much of new york and new jersey's coast the massive pile of debris is finally string shrinking. this is aggressive effort to recycle. >> refrigerators, water heaters, things not biodegradable in the future that could cause environmental issues. >> reporter: the army corps of engineers is working with the department of sanitation to salvage whatever it can. >> metal like this will be sifted out and disposed of in a manner that it can be reused. always got a big piece of concrete here that we will pull this out. >> reporter: at one site in the rockaways there is enough wood to fill an entire football field piled higher than the goalposts. some will be mulch and other will be incinerated. >> we reduce the footprint. if you throw this material into a landfill, instead after 100 cubic yards of wooded debris you would have somewhere one to five cubic yards of wooded debris. >> reporter: so the 12 million cubic yards of debris that has been processed already, includes two million pounds of metal from brooklyn and queens alone. while the pile is smaller it is still being added to every single day, patti ann. patti ann: rick leventhal live in queens, thank you. jon: deadly floods in australia now forcing thousands of people into shelters. a live report as the water in some of the worst-hit areas reaches its highest level. that is just ahead. 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[ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach. patti ann: right now, a grim new report of slaughter in syria. activists claim at least 65 bodies were found on a river bank in aleppo. the victims, all shot in the head. many with their hand tied behind their backs. the once bustling town has become a center of rebel resistance in syria's raging civil wars. fierce street battles, government shelling and air attacks leaving many neighborhoods shattered. most residents have fled the area but others stay to fight including one mother who has taken up a sniper's rifle. >> stop killing, bashar al-assad. we are your people. we are your people. as you say, if we are your people, please stop killing our children. stop destroying our future. patti ann: rebels claim snipers loyal to president assad are stationed on rooftops and fire indiscrimminantly. the u.s. today authorizing an additional $155 million in humanitarian aid for people in syria and refugees fleeing the violence. jon: deadly flooding in australia and it is far from over. floodwaters expected to peak in some of the worst-hit areas today. david piper has details for us. david? >> reporter: hi, jon, yes. there has been really extreme weather in australia in recent weeks. first the brush fires which ravaged parts of country. now heavy flooding in two states. the rising water has been caused by tropical sigh loan oswald which dumped huge amounts of water in the area. flash floods swept through towns in northeast australia, forcing people to scramble on to rooftops to escape the rising water. helicopters are being used to pluck the stranded from the tops of the holes. four people are known to have died so far. in the hardest hit city in queensland, about 240 miles north of brisbane, the river broke its banks, sending a massive dark water through the streets and homes. queensland's pry mere campbell newman described situation as very dangerous because the water has become so powerful it created rapids in the town. helicopter crews managed to save over 1000 people trapped on rooftops there. the floodwaterers have been so powerful it was feared that the houses people were on top of could be swept away. hospital patients are also airlifted to brisbane as a precaution. over 7,000 people have had to leave the town with 1500 of them going to emergency shelters. and there are fears that the floods could still get even worse in other towns. in new south wales it is feared a levee in the city of grafton could collapse now. the mayor of the town ordered that 2 1/2 thousand people living there are being told to evacuate. police are urging people to move to higher ground. listen to announcements from the emergency services. the australian military has also been brought into the worst affected areas to help with relief work. and it's been a really tough couple of weeks as i said. and as you understand it has been a very poor start to the new year for australia. back to you, jon. jon: just an awful situation. david piper, reporting live, thank you, david. patti ann: possible collision course, a big event today, that could derail a compromise plan on immigration in the senate. plus great news for twinkie lovers. the popular treat just came one step closer to a comeback. we'll have the latest. ♪ i wish my patients could see what i see. ♪ that over time, having high cholesterol and any of these risk factors can put them at increased risk for plaque buildup inheir arteries. so it's even more important to lower their cholesterol, and that's why, when diet and exercise alonaren't enough, i prescribe crestor. in a clinical trial versus lipitor, crestor got more high-risk patients' bad cholesterol to a goal of under 100. 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