it is a textbook example of how not to roll something out. and we had a long enrollment period and delayed and eviscerated and they said penalties are not counting and given extensions. and as we got to the day, they are still not able to get the technology right. >> sorry, what was today supposed to be then, chris? >> today was supposed to be the last check before the uss obama care launch is screaming off of the launchpad in a future of full coverage of americans and all of that stuff, and four years ago, democrats said we are taking a long time implementing this and it is worth it, when we go, it will be great guns and to the moment, it is none of those things and we know in fact that what the administration calls success. we have this many million people signed up when you look at policies cancelled and the people who can't afford to the coverage and won't buy. it it is amazing that it has taken four years to do it. >> and can democrats argue that the interest is through the officer and why things are sticky today? >> well, sure. the law said you must by law purchase health insurance or you will pay a fine and you will be punished if you don't purchase health insurance. it is not like the outcome of today's cardinals game but we are not sure. we know for certain that the irs is going to punish people who don't comply with this law. you would think there will be huge demand. >> it is a down homer. and listen, the president is not making a public appearance on this. do you find that significant or do you want to raise the curtain tomorrow. >> he doesn't have a lot of good things to make public appearances on. he is dpait getting a shade on the internet by the ukraun huskies. and smart politics hide out and colout for a little bit and wait until the storm passes and go out and say it is complicated and not perfect and great eventually, stand by. snshg we'll debate the politics of this. in 15 seconds or left, as it is right now, is obama care issue number one the first tuesday in november? >> big time. everything else matters, but it is the back drop for >> we love our viewers in st. louse. >> and so the uninsured don't sign up by midnight tonight they could have heavy fines. is the irs up to the task? lou dobbs, host of lou dobs joins us tonight. >> thank you very much. >> when will the penalty hit folks and how is it going to work? >> what we need to do is explain in full context what obama care amounts to right now. they have failed on their numbers. we don't know the important metrics and like the percentage of those in this country that are uninsured and so- called 6 million enrollees are sign ups and how many paid the first month's premium. it is to the penalties and there is so much discussion of this. there is no criminal or civil penalty associated with the man date right now. the internal revenue service received a billiop and half dollars to enforce the law and has no way to practically do so. there is no provision for tax liens. and despite all of the discussion that we heard for four years about mandates and penalties and whether there will be, we don't know. as of right now, the law is moving in the final stages of the dead line, i don't know how else to say that, elizabeth, march 31st is not the day we thought it would be. there is no way for the government to enforce the penalties without creating a public relations nightmare and perhaps civil unrest. >> that's one of the things i am confused about. there is a lot of people exempt. and how will they decipher who is and not exempt. and i have reported on this too long and i have to laugh at this law and administration. it is utterly incapable of doing anything that so manies right. and these folks, from the cm s and health and human services and administration of the white house itself. they could screw up a vacant lot. the fact is, there is no penalty or way forward for them right now. this is, a law, and a system that that is not even truly set up and they have, it has taken them four years to get to this point of utter failure. i just don't know what to say. there is no reason to take it seriously at this point and there is no way to compel compliance. >> so in your opinion at this point, is there a possibility of seeing another delay and people will not have to pay the $95 fine or tax returns coming out. >> let me give you this guarantee. there is no way that will happen or won't be other delays and no way that there will not be further problems. there is no way as the president himself said that future historians will forgive this administration and this government for being utterly incompetent and trying to execute a massively complex law that was so poorly designed that even if this government were capable of being managed that they could have done so. >> i want to switch focus. and talk about the state of maryland. and the roll out there has been a disaster. and tomorrow, they will look to vote to abandon the website and start afresh. we know that website cost more than $125 million. and where did all of that money go and where did it go wrong? >> to be honest, what we are watching, the democrat party in this country seemed to have converged around the idea of cony socialism. it's madness what we have watched occur. there are instances of success with these exchanges, but maryland, is an instance of laughable failure. and it turns out after spending $125 million not including marketing, they will have to turn to another state most likely connecticut and peck up their software from that website, which is estimated costing another 30 million to piggyback on the top of that software. governor o'mallery. he wants to be president but they can't put together a tempalate. it raises the question. why didn't each one of the states, use the same software. it is the digital age. put in the software and you have your architecture and system and reduce your costs by 49- 50ths if every state signed up. >> is maryland just scrap 125 million. that is a big precedent, no? >> it is big precedent. in oregon, they couldn't get anything done at all and spent more money. and there is greater efficiency and failure state to state. and primarily they are democratic states that are woefully and inadequately led and horribly manage. . >> lou dobbs, thank you for being with us. >> thank you. >> have a great day. the death toll rising in the massive mud slide in washington state. 25 bodies have now been found as crews continue to digging through tons of mud and debrief. a local hospital is treating injured survivors including a five month old baby said to be doingoc. dan springer is live in arlington, washington where he has been eight days now. how is it going? joishgs bill, the death toll is going higher but not as high as foreed. on friday they said that 90 people were unaccounted for and feared among the victims of the massive mudslide and then on saturday, on the week anniversary, they lowered it down to 30. they have 30 people said to be missing and unaccounted for. and the search for all of the victims is growing, more than 600 people have taken part, including 160 volunteers and national guard troops from washington state and colorado. the weather is drying out which is a help. heavy rain on friday and saturday raised the river a foot. in addition to the homes destroyed others are partually under water. the youngest survivors of the land slayed. six month old dick sudared is upgraded to serious and he had been in critical conditions. it is a bright spot for the community facing a long recovery. >> we heard it and saw it go down the river. at first, we didn't want to believe that it was as bad as it was. where my heart is, to really help the people months and year from now. and i know tragedy when all of the media is gone, they will need our help and support. >> and so many help and the state department of transportation is pitching in by having a team of workers gather the momentos and pictures and scrape bocks and jewelry with sentimental value. because it is loaded with chemicals and sewage, items are decontaminated and bagged and restored. resident are not allowed in because of the hazards. the job is so huge there is a temporary road linking the east and west side so supplies can be drin in, instead of flown in. and the highway 530, they have worked to clear the debrie off that. and they are only ten percent done, bill. >> wow, dan, thank you. dan sprifr dan springer in washington. snks tekz mounting on two peninsula. korea and crimea. how should the u.s. respond to pyongyang? >> and we'll hear from the man behind the controversial cia talking points. law makers want answers. >> the fact of the memo and talking points is important. many believe there was political influence in the talking points. we need to make sure that that is not true. legs, for crossing. ♪ et...splashing. better things than the joint pain and swelling of moderate to severe rheumatoid arthritis. if you're trying to manage your ra, now may be the time to ask about xeljanz xeljanz (tofacitinib) is a small pill, not an injection or infusion, for adults with moderate to severe ra for whom methotrexate did not work well. xeljanz is an ra medicine that can enter cells and disrupt jak pathways, thought to play a role in the inflammation that comes with ra. xeljanz can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections andancers have happened in patients taking xeljanz. don't start xeljanz if youe any kind of infection, unless ok with your doctor. tears in the stomach or intestines, low blood cell counts and higher liver tests and cholestel levels have happened. your doctor hould perform blood tests before you start and while taking xeljanz, and routinely check certain liver tests. tell your doctor if you have been to a region where certain fungal infections are common, and if you have had tb, hepatitis b or c, or are prone to infections. tell your doctor about all the medicines y take, and if you are pregnant, or plan to be. taken twice daily, xeljanz can reduce the joint pain and swelling of moderate to severe ra, even without methotrexate. ask if xeljanz is right for you. of moderate to severe ra, even without methotrexate. transferred money from his before larry instantly bank of america savings account to his merrill edge retirement account. before he opened his first hot chocolate stand calling winter an "underserved season". and before he quit his friend's leaf-raking business for "not offering a 401k." larry knew the importance of preparing for retirement. that's why when the time came he counted on merrill edge to streamline his investing and help him plan for the road ahead. that's the power of streamlined connections. that's merrill edge and bank of america. new research shows that wet loss surgery may put doib in remission for good. surgery is better than treating the obesity and type two diabetes. doctors will continue to monitor the study groups. a new push for answers on benghazi happening this week. michael morel will softball publicly first time now about his role in crafting those talking point was benghazi and initially blaming protest terror the attacks that killed four americans. three senators calling for a joint select committee to look at the attack and house leaders sign off to a working group. and that will be led by georgia congressman. how are you today the working group will do what? and how is that different from a select committee that many have pushed for and the house speaker hasn't gone for it? >> bill, basically, we all have a different lane that we run in. and whether it is an oversite on the state department or dod, or intelligence community. we all have different lanes we run in and i was talking one day on the floor, to one of my colleagues. and i said, you know, we need to get together and leave the big committee chairs out of this and we need to make sure the testimony is lining up and so if there is any gaps in it that we may need to call for additional hearings. and so i went to the the speaker about it. we had been working closely with the different committee chairs and with the leadership, as far as putting together this working group. >> let me try to cut. are you the lead person that goes through all of the different investigations and try to figure out where it goes next, is that what i gather? >> bill, we are trying to so if there is any holes that need to be filled. if someone testified before one committee and the other committee. we want to make sure what was said was the same thing. if someone from the intelligence committee that may have made a comment about the state department we make sure all of that is coordinated and we have a lot of documents that we are going through to get to the truth of this. >> motorcycle mike morel will testify and you will be on the committee this week. what is your question about the talking points and how they were organized? >> what we are trying to find out as chairman rogers said. we want to find out how politicalized the talking points were. we know that mr. morel basically deleted about half of the information that was going to be begin to us as a committee. we also know that there was input from the white house and others as far as the talking points would say. and when we got the talking points, we knew that they were not right from other testimony that we had already heard from. we want to know why they did the video conference? why they wouldn't take the word of the chief of station and cia boss in libia. and you know, there is a lot of questions that, that he needs to answer. >> i imagine there are. >> and clarify himself. >> and list is long now that you are a year and several months behind that. and when you drill down on what was known before these attacks and who knew it and what they did or did not do about that, where does that leave you in trying to find the answers on benghazi? >> well, we know what all happen prior to the attacks. we know the additional security that was asked for by ambassador stephens. we know what the state department's response was. we can't figure out why they responded that way when this administration had said they would make sure that all of our people in these different countries were protected. there was a lapse there and i think that will lead straight back to the state department and the people in charge there. >> that is hillary clinton in a word, yes or no? >> yes, yes, that is right. >> we'll be watching this. michael morel, appreciate your time. michael morel testifies on wednesday of this week. and thank you for your time and we'll talk to you again in washington. >> you bet. >> and breaking news on the obama care website delays, all of these questions, loom and all of the problems with the roll out and matter by the time november rolls around? there is also this. >> they were peaceful but they got ugly fast. what sparked the confrontation. >> and what went wrong thousands of foot up in a sky diving accident. the victim is remembered by those who loved him. >> he was a good guy and always had a smile on his face and helping people out and like a brother to everybody. hey kevin...still eating chalk for hearburn? yea. try alka seltzer fruit chews. they work fast on heart burn and taste awesome. these are good. told ya! i'm feeling better already. alka-seltzer fruit chews. enjoy the relief! you are gonna need a wingman. and my cash back keeps the party going. but my airline miles take it worldwide. [ male announcer ] it shouldn't be this hard. with creditcards.com, it's easy to search hundreds of cards and apply online. creditcards.com. fox news alert. there is news on obama care. administration said there is a technical on healthcare.gov from accepting new applications. they are working on a fix. people with accounts can work on the applications. the website is under a heavy load. hundred thousand users are on line concurrently which would not seem to be that many for a well established website. we'll try to figure out that number in baseball's website later. that is breaking news. >> what is supposed to be a peaceful protest. they join us live with the latest. >> it is how the quashing quashing mayor described the protest with police misconduct and excessive use of force. officers responded with billy clubs and tear gas and protestors blocked traffic and threw rock asks tried to get on the freeways. this after the shootings since 2010. a 38 year old james boyd with a comboif. he was camping and initially to come down. he was shot with a stun gun. >> the methods they used were not methods i had seen. >> they told him to please understand we are not anti- police. we are here to help our police get it right. >> alburquerque pd initiated some reforms and hired a new chief. when asked if the shooting was justified chief gordon eden said yes and then recanted. >> the mayor and i talked yesterday. when we were talking, i thought my comments were very premature. >> i think they made a mistake. he was asked the obvious question about what he thought was justified or not. i think that was a mistake. so far, taxpayers shelled out 24 million in police misconduct lawsuits. and that could get worse. liz, many of the incidents on the helmet cam. >> a key republican senator and doctor and why he a cowed the white house of cooking the books on obama care. the democrats are unnerved and the president said it is working and it is broken and people say can you fix it? i looked at this ten different ways. this health care law is not fixable. >> terrific panel coming up. nplus an alarming report and detailing how immigrants with criminal records were let through the cracks. and all of these would be rosies and of all ages are now hoping to do what the plan she made famous. i had that poster in my college dorm room. ♪ and just give them the basics, you know. i got this. [thinking] is it that time? the son picks up the check? [thinking] i'm still working. he's retired. i hope he's saving. i hope he saved enough. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. whether you're just starting your 401(k) or you are ready for retirement, we'll help you get there. a check of the headlines, rescuers calling off the search for a 43-year-old man swept off to sea. waves pulled three people out and only two made it back. >> immigrants and custom officials releasing 68,000 illegal immigrants with criminal convictions and the data undercutting claims that immigration laws were strictly enforced under president obama. and 300 people dressed up to rosy. she was a symbol of the women's rights in. all ages represented there with old rosy. which american icon. >> we were wondering. it was a good question. i have an idea. @bill hemmer. >> why don't you tweet me my answer. you can tweet me. >> we'll do. that and we'll share your best responses on hq. >> fox news alert what is going on in washington. a threat glitch is threatening healthcare.gov. a hundred thousand users on line and that would not be that many for well established websites. gentlemen, good day to you. i don't know if it is opening day in america, but how many people are on mlb.com. i haven't seen any i cups there. mike? >> to paraphrase the church lady from saturday night live. a technical glitch is prohibiting people from signing up. isn't that convenient. any way slice this thing it is a disaster and for any republican up for election in november. this has to be all about obama care. and the glitches and the mistakes and delays and start dates a dates exemptition. and as long as runs campaigned against obama care. they will win the house and senate. >> let me get to the politics in a moment. simon, what do you think we are hearing out of washington on march 31st. according to the la times today and report, there are going to be 13 million people who gained health insurance and 10 million will have gotten new health insurance. they would not have had health insurance before. if that is where we are talking in the fall begin the troubled roll out. if that is what you would to told president obama they would be happy with. that there are problems in the roll out and today, and going forward. but a lot of people have benefitted and the glass on our side looks half full. >> he is rosy the ribber today. tying it all in. >> opening day. >> rosy and rose- colored glasses. i am not sure where simon. i thought it was 6- 7 and i understand that, that again we are parsing here but how many millions of people impacted. i would like to so a number and millions whose health care premiums are sky rocketing and businesses who can't afford to pay the health care coverage. i had one of your favorite people a n n coulter who lost health care and she couldn't get it because of obama care. if ann is upset you know it is going to hell in a hand basket. >> we are now told it is fixed. my head is spinning. go ahead, simon. and the politics of this in november. >> and i think from here on out. it is about data and opinion. and we are getting information on this and know how much it cost and people covered. if it working by the fall election. it is a jump ball it will benefit the democrats. and be cautious to make sure they are accurate. >> or overplayed what hand, simon? >> this thing is working better than the republican party is telling people it is. and we could debate this the rest of the day. >> got. it >> 13 million people have insurance now. >> they got it through the system. >> bill, if i may. >> bill, i hope simon is right and the data that hard working americans are facing is trying to pay the health care premiums and not losing the health care coverage. simon can say it all day long. >> there are too many. >> and talk to the people watching this program, simon and just ask them. all we have to do is ask them who lost the health care premiums. more on this topic. and they have enrolled and a closer look. and they join us from washington, jim? >> the president and other officials seem relieved as the consumers signed up for obama care. we passed the 6 million mark of individuals that enrolled and they need to get fully covered in the health insurance market. >> paying premiums is one of the sticking points and analyst said that 20 percent are not paying and they are not officially enrolled and knocking the numbers down to 5 million and the administration will not say how many signing up were previously uninsured. 6 million had policies cancelled. >> we asked how many uninsured it is 1 or 2 million out of 50 million uninsured. and that is not a good bath average. >> surveys back that up. the vast majority of those enrolling now get them. the kaiser foundation said 17 million. >> and if you are getting money to sign up, why are we only getting 15 or 25 percent of the people signing up? >> officials also tout how much interest consumers are showing and almost 80 million visited the website and more than 21 million called in. but there is only 5 million paying customers. we have millions going to the exchanges and not signing up. >> and 45 million will be uninsured in the end of this year. and a closer look at the numbers said that was not the triumph the administration was looking for. tensions rising in the korean peninsula. thousands of americans are stationed there and rocket fire exchanged. they fired for hours over a disputed water border. we'll take you there live. this as the stand off with russia and u.s. over ukraine. >> any real progress in ukraine must include a pull back of the large russian force that is amassing on ukraine's borders. we believe they are creating a climate of fear and intimidation. rrn many of my patients still clean their dentures with toothpaste. but they have to use special care in keeping the denture clean. dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can multiply. polident is designed to clean dentures daily. its unique micro-clean formula kills 99.99% of odor causing bacteria and helps dissolve stains, cleaning in a better way than brushing with toothpaste. that's why i recommend using polident. [ male announcer ] polident. cleaner, fresher, brighter every day. >> i hope you had a fantastic weekend and many unanswered questions on the obama dead line. will voluntary fire fights exempt from signing up. and forced to comply. and could a bush be in the top of the list of the candidates for president? and vendor who is a staple in the stands in one of american's ballparks for 15 years out of work now. a frog in his throat or the way prepared for the dogs? i am going to get awe sip of water,oc. >> you do. that >> thank you. high- level talks in russia ending in a stalemate. kerry and the counsellor part in russia agreed it needed to be resolved with diplomacy but the troops is sending a different message. ambassador bolton is a fox news contributor; thank you for joining us today. >> thank you. >> secretary of state john kerry spent four hours with the russian foreign minister on sunday. did they reach a solution? >> no, they came in the talks with different objectives. kerry has the delougzal idea that somehow there is a peaceful resolution to the russian intension. la vroh is buying time on to allow russian to annex crimea and calm down international investor concerns about more hostility and allow russia more time to exercise influence over the ukraine. the longer the talks go on, the better. >> you said that they wanted to buy more time, but do you foresee russia pulling back the reported first thousand troops on the border. do you think they will put that pressure on? >> well, they may pull troops back to make the europeans happy. but the fundmental problem is that we are not willing to impose real costs on russia for having used military force on the continent of europe to obtain territorial expansion and nor are we willing to do much to help bolster ukraine and maintain a true independence from russia. russia will apply military force. and what can force russia's hand to pull back and not act as aggressively or with hostility. >> i don't see either europe or the united states doing anything. it is a terrible lesson to learn. military force has been used to change borders in europe. and in response, the west enacted pin prick sanctions. we would put stronger sanctions in effect and bar western snougzs. and do more to bring a democratic ukraine closer to nato. and there is a whole series of steps and reduce ukranian and russia depeppedence. and we have let them take over crimea. and that signal is clear to the russians. >> we have surprising news today, shots were fired between north and south korea for hours. why should we be concerned about this and what type of u.s. resources are there? >> we should be concerned about anything that the north korea government does. it is ererational and bordering on our closest ally in south korea. we have tens of thousands of americans on the peninsula. and in posterrures that leave them vulnerable to the north koreans. and a fire has raised tension to the highwayest levels in 3 or 4 years and you don't know what they have in mind. i think we need to be demonstrating to the north we'll stand with south korea here and continue our military exercises and not tolerate north korea's provocative behavior. we appreciate. it >> you know about the earthquakes rattling over the weekend. it is not just california. but dozens in several different states and was it a sign of the big one? >> and the search for flight 370 intensifies. we will solve it. but i don't want to underestimate just how difficult it is.en fixed ncome experts... ♪ ...work with equity experts... who work with regional experts... that's when expertise happens. mfs. because there is no expertise without collaboration. mayo? corn dogs? you are so outta here! aah! 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[ bottle ] ensure®. nutrition inharge™. feelings of earthquakes rattling nerves and causing minor damage over the weekend. the largest 5.1 magnitude in l.a. friday night. this one far beyond california. live in golden, colorado, with more. >> reporter: hi, bill. yes, you mentioned the big one. and is all of this activity a sign of things to come? from talking to the seismologists here in golden, that sis unlikely. we're going to explain why. we've had quite a bit of activity here in the united states, but in terms of the world, things are pretty average. business as usual is what they said. so why don't we start here with yellowstone. yellowstone has had a lot of earthquakes. they've been dealing with a swarm of earthquakes here. they have a volcano over there. this wasn't anything that was surprising to them whatsoever. the orange is something that's happened within the last day. yellow is within the last week. then we go over here to oklahoma. this is something that seismologists say occurred because of some of the fracking, the waste fluid that goes into the ground there. then you have los angeles, which is its own issue in an of itself. they have a long history there of earthquakes. basically, what we're talking about here is a lot of earthquakes in a short period of time but for a variety of different reasons, different tectoni tectonics, different geological issues. what often happens is people make the mistake of only thinking of california's history. >> what sticks out in most people's heads is the northern ridge earthquakes. it's been several years since that earthquake has occurred. when this happens, people get complacent. they don't update their emergency response kits. they don't update their emergency response plans. they should take this as a reminder and do that. >> reporter: the message here is no matter where you live, you really should do what you can to make some sort of plan. the scientists here recommend going to ready.gov. this is a website run by foema that you can go to and get ideas for any kind of disasters, not just earthquakes. >> thank you. another twist in the ever-changing investigation into the search for flight 370. malaysian officials saying the final words from the plane were, good night malaysian 370, not, all right, good night, as they originally said. officials promising to keep looking for the missing plane for as long as it takes. it's been more than three weeks since the plane vanished from the radar during the flight from kuala lumpur to beijing. 239 people were on board, including three americans. >> nothing is proved yet, right? still a mystery. so a group is trying to say rosy the riveter became a similar above old american might. we want to know, which american icon would you put on a poster today? >> your best tweets up next. did you tweet me? >> i did. >> i don't believe you. >> check it out what if a photo were more than a memory? what if it were more than something to share? what if a photo could build that shelf you've always wanted? or fix a leaky faucet? or even give you your saturday back? the new snapfix app revolutionizes local service. just snap a photo and angie's list coordinates a top-rated provider to do the work on your schedule. the app makes it easy. the power of angie's list makes it work. download snapfix for free. so which american icon would you put on a poster today? >> ronald reagan for the united states marine corps. >> my 92-year-old mom. she went to work in a factory and so proud of the job she did. >> michael jordan or dan dana perino. >> john wayne, america's american. >> good answers. thanks for joining us today. >> we'll see you tomorrow. here's gretchen. hi, everyone. new troubles for the obamacare website. guess what? it's on deadline day for the enrollment. or is it really the deadline? hi, everyone. i'm gretchen carlson. welcome to "the real story." because of a record number of people trying to access healthcare.gov, applications were unavailable for a time today. the web pages are said to be back up right now, but stay tuned because all this after a software problem caused the website to go offline for several hours this morning, requiring more than the usual time for overnight maintenance. meaning folks who tried to sign up for flooded with error messages. confused