and it all started with a peculiar smell. >> it's kind of a sweet smell. it smells almost like candy. >> we are concerned that people -- we have had complaints about eyes burning and things of that nature. it's best to stay inside until we get this taken care of. >> it concerns me a lot. i have children and animals. we swim and tube in the river. we are in the water. martha: the shelves are bare of water, juice, ice. police are standing by to keep order. >> officials say a foaming agent leaked from a plant in charleston, west virginia and ended up in the elk river. it happened at freedom industry which special eyes in producing chemicals for the mining and cement industry. the governor issued a state of emergency after his office received a notice that water supply had been contaminate. the governor issued a statement saying our priorities are our hospitals, nursing homes and schools. i have been working with the national guard and office of emergency services to supply water and supplies through the county emergency services offices. people have been scrambling to get their hands on anything they can drink. grocery stores and convenience stores being wiped out of any kind of liquid. >> this is the third place i have gone through to get water. >> any alternative. you can't give that to a baby. >> there is no alternative. i will have to go home and melt some ice. >> reporter: the chemical spill affected 300,000 people and shut down much of the city and surrounding counties. area schools and restaurants are now closed. the cause of the spill is still unknown. martha: it doesn't feel like this will be solved today. what's being done to help these people? >> reporter: i just got off the phone with the emergency management spokesperson who said they authorized 35 truck loads of water to charleston, and they will be in charge of the distribution. a lot of help is on the way. the emergency declaration made by president obama is what cleared the way for peopla to move the water at -- cleared way for peopla to move the water. martha: thank you very much. the spill originated from freedom industries. it produces freeze agents and chemicals for the mining, steel and cement industries. bill: dismal unemployment numbers just out. u.s. employers adding only 74,000 jobs last month. that's the lowest number in three years. the jobless rate falling to 6.7%. fewer americans are looking for a job. stuart varney, host of varney and company, good morning to you. waiting on these numbers all week. now we have them. in the report what does it say about the health of our economy now? >> reporter: it he it's not we covering as we were expecting to it recover. 74,000 new jobs last month is the lowest total in three yearse did fall. why is that? 347,000 people just walked away from the labor force and that pushed the participation rate, the state at which we go to work, 62.8%. that's the lowest in 36 years. the bottom line is america is not working. if we have the same sight labor force now, people in the labor force now as we had in 2011. -- had in 2007. bill: the number of jobs expected was 207,000? what explains why that happened? >> reporter: that's a tough one to answer. we were expecting over 200,000 new jobs. and we got 74,000. i express the opinion that this goes to the heart of president obama's economic policy we have had for five years. it has failed to produce pharaoh bust job creation economy. bill: other point you made, labor participation rate. the number of people in america who are actually working. and this is the lowest number you say in how many years? >> reporter: 36 years. one in five men in america get out of bed and do not go to work. bill: what does this do for extending long-term unemployment benefits? >> reporter: clearly there is a need to extend benefits. but if you extend them again, when do you stop, when do you push people back into the workforce and make them get a job? it's a harsh argument, but this report raises the issue all over again. bill: did you or the people you spoke to expect the number to go this way. >> reporter: nobody called for a job creation number like this. thank you, stuart. march report bill to extend unemployment benefits stalling. six gop senators support the bill but say they will only vote for it if it's offset with other spending cuts. that's been the republican argument on this all along. 1.3 million americans lost their long-term unemployment benefits when the program expires next month. new reaction this morning after high profile new jersey governor chris christie repeatedly apologized for a local bridge traffic scandal during a 2-hour news conference he did yesterday morning. he made no excuses for staff members to intentionally interest ceded -- intentionally interceded to shutway lanes. >> i come out here to apologize to the people of new jersey. i'm embarrassed and humiliated by the conduct of some of the people on my team. i had no knowledge or involvement in this issue, in its planning or execution. and i am stunned by the abject stupidity. i terminated the employment of bridget kelly effective immediately because she lied to me. i'm heartbroken. i'm sad to report to the people of new jersey that we fell short. i asked to meet with the mayor to apologize to him personally face to face. i was told this was a traffic site. i'm sick over this. all i can do is apologize for the conduct of people who worked for me. i can't do anything else. i can't reverse time. if i could i would. i'm the governor. and the things that happen on my watch are my responsibility. what they did hurt the people of new jersey. the person who need to apologize for that is me. martha: meanwhile there is a federal investigation that has been launched in this matter. that will determine whether everything that governor christie said was true or it will seek to do that. byron york is the seen or correspondent at the washington "examiner." when this news conference started a lot of people were watching every word governor christie had to say. he h a huge national profile and is someone considered to be a potential front runner for president. how did he do? >> an amazing performance. he has had good reviews for being forthright. he did not mince word. he said without any doubt definitively he knew nothing about this whole traffic mess. now because he's been so definitive. everybody, all the democrats in new jersey, democrats nationally, the press, everybody is looking for any evidence that might contradict this definitive statement that he had no knowledge of that. if any such evidence does emerge he's in big trouble. martha: the other statement -- we'll see if it's true because as you point out people will be digging into this including a federal prosecutor appointed by president obama. some people saw this as a leader who took action. in less than 24 hours people were fired and some folks were making the compare somebody that that is not the kind of response we have seen from the white house on similar different issues, but scandals. >> absolutely. you had a huge mess with the obamacare rollout and no one has lost a job because of that. and there is a huge huge comparison between the forthrightness of the obama administration about the various things and chris christie coming out and giving up a performance yesterday. usually when a politician is in trouble he comes out and makes a quick statement then he leaves. that's not what chris christie did. he stood there and took it the whole time. martha: he said he wanted to answer every question that was out there. so we are going to keep talking about this obviously in the hours to come. byron, thank you very much. bill: for our viewers at home. what do you think of chris christies apology? and do you care? send us a tweet. for the next one hour and 48 minutes. martha: that's about as long as he spoke yesterday. people are saying traffic in new jersey? this is news? obviously there is more to it than that. or the governor would not have responded that way. bill: sound some of, tell us what you -- sound off, tell us what you think. americans do not seem to be buying what the government is telling us about benghazi. martha: this frightening scene. this woman nearly clobbered by a car that crashed into a drug store. bill: the white house is saying the president is close to major changes to the nsa surveillance program. will those changes affect america's security? >> it's now very clear that the government argument for the very expansion airy version of collecting essentially millions of record on law abiding americans is falling apart. but the truth is... we don't have to. the experts have spoken. now it's your move. ♪ now it's your move. iespecially when it's miralax.e really can love their laxative. it hydrates, eases, and softens, to unblock your system naturally. so you have peace of mind from start to finish. love your laxative. miralax. martha: rescuers calling off their search for the missing sailor from the navy helicopter crash off the virginia coast. two died and two others were hospitalized. the coast guard scoured the area before calling off that active search. the cause of the crash is still under investigation. bill: a new poll showing deep distrust among the american people when it comes to benghazi. they believe they were deliberately misled. let's hang on that graphic for a moment. the 41% number is from 13 months ago. so you see the change of 11 points. john bolton, former u.n. ambassador. good morning, bill. bill: do you see the change in that number? >> i think it shows the american people have a real and growing grasp' on the reality of the international terrorist threat. the administration's problem with its been gatsy story this past 16 months has been increasing awareness by people that it simply doesn't fit with reality. the administration says the war on terror is or. usama bin laden is dead. therefore in september 2012 was not terrorism. it was a mob excited by the famous mohammed video. the evidence has been that story about benghazi was wrong and more importantly the administration's line that the war on terror is over and we can handle terrorists by indicting them and trying them in federal court is wrong. benghazi is the tip of the iceberg but there is more. bill: among independents you are will at 60%. that's a critical number to observe. do you think they have been stonewalling? will they continue to be successful if you believe that is their strategy? can they? >> i think they will be unless in the house we move toward a select committee. the four or five congressional committees investigating. i think they are doing the best they can. but the investigation deals with media coverage. i think if you had leadership focus on not just benghazi, but the continuing picture of the growing threat of terrorism, that would make a big difference. i think congressional leadership, republican and democrat, house and senate, has to spend more time on national security affairs. bill: there is another story that relates to it. nsa changes are coming next week apparently from the administration. what would you expect the president to do to change the rules of the road from the nsa? >> i think he has to act in a political fashion. he's a prisoner of his own ideology. he has to satisfy the left part of his base. i think we'll see restrictions on the metadata program. he has to restrict nsa you are virallans overseas. i think it's the president who doesn't fully understand what nsa can do responding to political pressure at home primarily. bill: does that make america less safe in your view? >> this debate is asymmetric. they characterize what nsa does inaccurately. nsa and the intelligence community as a whole can't respond. if they could say exactly what nsa does, they would be giving out the secrets. maybe you need more congressional oversight. it's hard to have a sensible debate about this in public because the really important stuff can't be revealed. bill: it's great to get your input on this. it will be a major story next week and for years to come. what the administration decide and the president goes with will define the rules of the road. john bolton, thank you, i'll talk to you next week. martha: there are some bombshell developments in the case of the indian diplomat who was arrested and accused of lying on a visa application. what the united states did to stop protests like these. bill: a tornado leaving homes damaged and a lot of nerves rattled. >> i thought it was an quake. it sounded like a train coming through and it scared the poop out of me. i need proof of insurance. that's my geico digital insurance id card - gots all my pertinents on it and such. works for me. turn to the camera. ah, actually i think my eyes might ha... next! digital insurance id cards. just a tap away on the geico app. could save you fifteen percent or more on car insurance. everybody knows that. well, did you know that when a tree falls in the forest and no one's around, it does make a sound? 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>> if it was a matter of the oscars he gave arrive thing performance to use your word. but the show goes on. there are two outstanding investigations. one from the port authority which controls the bridge and the other from the democratic state legislature and congress are nipping at his heels, they are launching an investigation potentially. he will have to keep up some kind of show of proof that he had no direct tie to shutting that traffic on that bridge. martha: it's a good question. other person we know who was involved in these emails at the port authority has taken the fifth and there are also names in these text messages and emails that have been redacted. is this over? >> it depend. as a piece of political stage craft it was very effective. he did by my count took 110 questions in a little over 100 minutes. president obama at a presidential press conference takes nothing the single digits, low double digits. so he had confidence he could answer things for that period of time. at the end of the press conference you have reporters running out of questions to ask when asking things like did you throw anything? if anything he said over the 100 minutes or so are contradicted then he's in serious trouble. martha: afterward a lot of people were saying there was a problem. he got out in front of it. two people were fired. after he had an understanding of what had happened. the comparisons are being made to benghazi and the irs and the times when the president has stood at the podium and said i am going get to the bottom of this. and nothing happened. >> for conservatives it's an opportunity to turn it back and say why has he not fired anybody. it looks like a lack of accountability. i understand the tendency to want to get away from chris christie and the troubles he presents for the republican party. he many the number one candidate in terms of the polls to run against anybody on the democratic side including hillary clinton. but there are also people like glenn beck who say conservatives should run away from chris christie. rush limbaugh he this is payback. there is something going on in terms of republicans who do not like chris christie. they may not like president obama at all. but they have a lot of trouble with him. tea party people tweeting hostile comments about what he said. and we thought he did a good job. martha: he will be taking it from both sides. he has a lot of heat from the right and a lot of heat from the left. and this kind of scrutiny is noting if anywhere. >> it's refreshing to see the press corp having taken their five-hour energy coming up with thousands of questions about a scandal. we got three questions about obamacare. so the specificity and the energy with which they are attacking is impressive. i hope they bring it to other endeavors in the future. >> reporter: on the personality of chris christie and which way it will end up cutting for him. i think a month from now most people get about this whole thing unless there is more there there. they might say there was some bridge thing i remember. but was the takeaway, juan, about whether he's brash, whether he's a bully, whether his staff is too heady perhaps about their power. talk about that. >> that's the heart and soul of it. yesterday he said he is strong and he knows politics is not bean bags to quote him. the question is the director his -- the director for his office, the culture that he said in that office apparently gave them the green light to say go after the mayor of fort lee. let's create those traffic problems. if there is a pattern like that, the democrats want to sell stories to damage chris christie. so chris christie's problems are his as opposed to anybody who may have betrayed him. martha: he learned he had been betrayed by people he trusted. and he didn't know what he had done that made them think they could do whatever they wanted. >> i think he genuinely is concerned about that. if you take my personal opinion on it. he could have taken another tack and say i'm as angry as anyone else. that's the obama approach to these things and he generally gets forgiven for such things. it's interesting how the environment question matters so much with chris christie but not with barack obama on the irs question. if we are going to talk about create agriculture. the way he faced things head on. if nothing else comes out voters do appreciate that. at the end of the day the big story was the mayor of fort lee refused his visit and apology -- his visit to apologize, then got backlash. then said never mind, that was a jerk move. so when you turn the tables in one day to that extend that is some political skill and you are not on as bad footing as you think. martha: juan, mary katharine, thank you very much. bill: a quick check of the markets. jobs numbers out. that number is being digested. 33 points for the up side as earning season kicks off closing under 1,500. in the meantime is the administration dragging its feet in investigating the irs? this is what you hear from leading lawmakers outriejed that an obama don't jar would be picked to lead that investigation. now why is that? >> in this case we were astonished they would be so tone deaf as to have a major anything this investigation being somebody who is so obviously close to the president politically. >> she is back in her native country. you india is furious over her arrest which happened last month. woman claims she was handcuffed and strip searched while in police custody. >> the administration has take and lot of time and sent false statements through intermediaries that there was targeting of conservatives when the fact.keep coming back that this was a one-sided attempt to stop people from the opposite side of obama's re-elect. i think that's something the american people feel is so rep rep -- is so reprehencible that they should come clean. bail * some groups are now saying they are finally hearing from the fbi, 7 months after the criminal investigation was supposed to have begun. among your clients, how many have been contacted by the fbi? >> we are talking single digits. this happened late in december. so toward the end of the year they started getting phone calls and those clients would refer back to the fbi and say we are representing the americans for law and justice. i don't want to give a specific number because we are still going through the 41 to make sure it's only the ones we know of now. bill: are you saying what took you so long? >> we are talking 7 months. in light of the latest information, barbara bosserman who is leading the investigation. a major obama donor has been involved in the calls, she has been involved in the outreach in getting these interviews set up with the fbi and our client. now we want to cooperate with this investigation. but we notified the department of justice this is not just grandstanding. we notified them in light of what has come out with chairman issa and the reports about her background with obama specifically, there is a conflict of interest. bill: barbara kay bosserman donated $6,000 to president obama's presidential campaigns. you believe she is tainted. >> reporter: she may be a fine attorney, but the department of justice is big enough to find someone who is not politically involved. for an attorney we believe if the doj isn't allowed to, they are allowed to be involved politically. but this is not $200 donation. we say in this situation, someone like miss bosserman who has a legal record should know as an attorney this is not the thing to do. bill: you said earlier you know she has been involved with what? the fbi's initial investigation? >> the initial outreach to clients and from chairman issa she was leading the investigation toibt irs employees. it was from the testimony of irs current and former employees. bill: let me stop you there. do you believe this is an indication the administration wants to figure out what the truth is here? >> no. what it seems like, a little bit of intimidation. you can imagine our clients thinking about the fact that the person leading the investigation of potential criminal wrongdoing, they are also investigating our clients, too. you start dealing with the fbi. we have no problem with that except for this person has a serious dislike of our client's political position and the issue is if there was illegal partisan targeting. bill: you just said a word there, intimidation? >> this is not someone casually involved in politics. she has a right to donate as much as she can. she met all the maxout limits. this is about obama and about his administration and about political targeting. why make it more partisan. bill: do you think she'll step back? can you force that change or are you stuck with it? >> we can discuss moving forward with strategy what would be the reason we do or do not cooperate with the fbi. we wanted to move forward but she would be doing the right thing by appointing someone, not necessarily who has never been involved in politics. but because of how tainted she is with specifically supporting president obama. and this is obama versus the tea party. martha: some dangerous weather is triggering deadly avalanches out west. what happens when the ground starts falling right under your feet? bill: we are waiting for new details on that dangerous spill in west virginia poisoning the water spill for hundreds of thousands. a news conference is schedules in the next 40 minutes and we'll have that live for you when it begins. >> you are going to melt it down like you did in the old days. put it in a tub and make birdbath. the pain started up the back of my head and wrapped around to the front. i couldn't play my bassoon because of the pressure that i felt throughout my whole head. the blistering and the rash was moving down towards my eye. the doctors at the emergency room recommended that i have it checked out by an eye doctor. there was concern about my eyesight. when i had shingles the music stopped. bill: a new image capturing michael angelo's hand of god. nasa captured this after a star released massive material. martha: avalanches out west have killed five experiences skiers and snowmobilers in just the past couple weeks. alicia cuna is live from the mountaintop in colorado where we understand it's 70-mile-an-hour winds. >> reporter: that's right. wind can contribute. it can help build up the layers of certain areas of the mountain. like the area where we went yesterday. we know shoed back up into the -- we know -- we know be we snowshoed back up into the area. the snow builds up into different layers. as he dug down he found what is called sugar snow. it looks like what you think it looks like. like powdery snow. but when it's under compacted ice and snow it acts like ball bearings and it's ripe for an avalanche. >> any time you see that later many a red flag that anything on top of that could be a potential avalanche hazard. >> so what will happen is people will get out there. they will see this pristine mountain and they will be tempted. but if you take that 5-10 minutes to dig a pit, it will save your life. martha: a rough season for the skiers. bill: the white house reacts, john boehner reacts. we'll have chris stirewalt. martha: can kathleen sebelius face perjury charges on her testimony about the botched obamacare rollout? 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[ male announcer ] no one protects you better than lifelock. you even get a $1 million service guarantee. that's security no one can beat. you have so much to protect and nothing to lose when you call lifelock right now and get 60 days of identity theft protection risk free. that's right. 60 days risk free. use promo code: take charge. order now and get this universal device charger, great for everything from smart phones and cameras to tablets, keeping your digital life powered at home, the office, or in the car... a $30 value, free! don't wait until you become the next victim. ♪ and get a universal device charger free. use promo code: take charge. ♪ martha: we're back with this fox news alert. we're now awaiting an update from west virginia where a toxic chemical spill has contaminated the water supply in nine counties in west virginia. this is an ugly story. the area has been declared a federal disaster. live news conference is coming up 30 minutes away from now after hundred of thousands of people near the city of charleston, the capital of west virginia, have been warned against drinking, bathing, cooking, washing your clouts, brushing your teeth, forget it. there is a hazardous chemical spill leaked from a factory into the elk river yesterday where we have heard people love to go swimming and tubing in the summer. it is now contaminated in that area. as soon as the news conference gets underway, we'll bring it to you live. first we want to get to this. fox news alert this morning on very disappointing numbers in the u.s. economy. look at this. this is the number of new jobs that were added in the month of december. 74,000, that is a paltry number, the lowest we've seen in three years. welcome, everybody, on that sunny note this friday morning. welcome to a brand new hour of "america's newsroom." i'm martha maccallum. bill: i'm bill hemmer. we're still in it, aren't we? martha: yeah. bill: raising new questions about the job market and whether it can sustain recent gains the labor department reports this, unemployment rate fell to 6.7% but that drop occurred mostly because many americans simply stopped looking for work. martha: one in five american men not working according to stu varney this morning. our chief white house correspondent ed henry joins us live at the white house. so, ed, it is pretty disappointing news. what is the response from where you are this morning? >> reporter: well, martha, what they're saying at the white house in the last few moments they're taking some positive note in the fact that this shows there has been positive job growth for 46 consecutive months. but as you noted, this job growth far below what the average was just per month last year. and far below expectations from this white house, from folks on wall street. so they know they have a problem here especially because the president's kicking off this new year getting ready for the state of the union at the end of january where he wanted it to be in the run-up, to it, in the speech all about the economy, shifting away from the botched health care rollout somewhat and focusing how it is starting to come back. in fact just yesterday, the president was here at the white house saying this economy is coming back. take a listen. >> we've got to make sure this recovery which is real, leaves nobody behind. that will be my focus throughout the year. this is going to be a year of action. >> reporter: so now in fairness what the president is saying there he wants more action on the economy to make sure that the recovery stays strong but when he just 24 hours ago saying this recovery is real and this disappointing jobs number comes in, this is a problem for the white house, martha. >> the expectation was 200,000 jobbed added and only 74,000 was the real underlying number there. what about the republican reaction in washington, ed? >> reporter: speaker john boehner all this week has been pushing back on the white house effort to extend unemployment benefits for three months saying, look, we want to help but people but rather keeping putting out benefits you have to find a way to grow jobs and grow the economist speaker boehner put out a statement, quote, today's disappointing report once again shows the president's policies are failing too many americans, many stopped looking for work. there are more families living in poverty today before the president took office. instead of making it easier to find a good-paying job, washington is finding it a focus of living without one. that is the republican response from speaker boehner. on your point why the unemployment rate came down, people stopped looking for jobs, the percentage is 62.8% in terms of people looking for work. that is a 30-six-year low. gives you an idea why that unemployment rate came down, martha. martha: stunning. ed, thank you very much. bill: what did they expect, martha? go back 10 years to 2004. this is a number, a forecast but out by the bls, the bureau of labor statistics. this is the yellow line they expected, the participation rate to stay at over the next 10 years. look where it has gone now in blue leading up to the 2012. as ed just mentioned, below 63% now. we have not seen a number that low in almost 40 years. that is just dismal right now. trying to get the economy moving again? number of people either looking for a job or actually working, we haven't seen that since the 1970s. that's saying something. martha: go back to the number that stuart mentioned earlier, bill, one in five american men don't get up in the morning and go to work. i mean that is a very low and very stunning number. it will be very interesting to see how the administration handles this latest news on these jobs. chris stirewalt, fox news digital politics editor and host of "power play" on foxnews.com live. the number came in very low for added jobs, chris, what do you think? >> beyond low. this was stunningly low. the low expectation was something like 125,000 jobs. martha: yep. >> this is dire. and what this says, by the way, it is interesting, in the short-term politics in washington what it says is that the president will be much more likely to get his request to request welfare benefits to people who have exhausted their state unemployment insurance. so that makes it easier for democrats because when unemployment is bigger problem, easier to get people on unemployment benefits, but, in the larger contour of things this year, democrats had a selling point. it will be all about the economy they said. obamacare is bad for the blue team, yes, but the economy is reviving. people are going to feel more optimistic. they were going to be attacking republicans on rich getting richer and income inequality and focusing largely how economic policies were starting to help the country to turn the corner. if this is harbinger what is to come, you go from a wave election to tsunami from the republicans. martha: raises questions about the new normal that we talked about so much in america and whether or not, you know, these, we've seen large numbers of people who have been out of the workforce, you know, i'm not going to look for a job anymore. that's a talking point of a changing culture in america, is it not? >> well, and that is the heart of the disagreement that's taking place in this town between the obama democrats and the republicans which is this. what's the answer? how do you deal with income inequality? and how do you deal with the fact that not just the gap between the rich and poor is growing, but that the culture is crumbling underneath those have-nots and working culture, the idea, the american basic idea about working hard, paying your dues and having your children live a better life than you have, that that is slipping away. if the labor market continues to shrink, and as you say, when you think about 20% of adult men not working, that is, well i guess un-american is what you would have to say. if that's where you're going, that is not an easy place to drive home from. martha: that's dismal. chris, thank you very much. we'll see you later. >> you bet. martha: visit the politics page. you can sign up for chris's daily political news editor at foxnews.com/foxnewsfirst. bill: another fox news alert now. the white house facing brand new demands for transparency and accountability when it comes to obamacare. lawmakers are saying that the american people deserve to know where we stand on this program. raw numbers now. house republicans today introducing a pair of bills to forceful disclosure. chief congressional correspondent mike emanuel waiting for that on capitol hill. specifically what do they want to learn, mike? >> reporter: well, bill, essentially the first bill they're going to take up which they're going to do this morning is essentially allowing the american people to know within 48 hours if there has been a breach of healthcare.gov. there has been a lot of talk about whether this website is truly secure. there has been a lot of attention focused on the target website getting hacked into and a lot of people losing their personal information there. so bottom line, eric cantor, the majority leader says the difference between target and healthcare.gov is, you have the choice to go to a private sector web site but the american people are being forced to go to healthcare.gov and so he says that the american people have a right to know within 48 hours if there has been an information or data breach where your personal information may be at risk, bill. bill: wow, clearly this is designed to put pressure on democrats. what have they said so far, mike? >> reporter: absolutely. we have this vote today. we'll have another vote next week. targeted bills looking at healthcare.gov. house democratic leader nancy pelosi says it is house republican obsession with the affordable care act. she lectured a reporter for calling it obamacare. some democrats say there have been zero security breaches so far. they call this a solution in search of a problem but bottom line, again, we are getting a lot of reports, a lost concern about that target breach. there has been talks about how this website was not fully end to end tested. so house republicans think that it is a legitimate bill when so many americans are putting very personal information on this website, bill. bill: mike, thanks. we'll see how it goes. mike emanuel on the hill for us. 10 minutes past. martha. martha: new accusation that is health and human services secretary kathleen sebelius may have perjured herself when she was testifying on obamacare. republican darrell issa has been leading the charges for answers on that. he will be here moments away to explain. bill: massive pileup on a busy highway. 45 cars involved. details on that. plus this. >> all i can do is apologize for the conduct of people who worked for me. i can't do anything else. i can't reverse time. if i could, believe me i would but i'm just going to apologize. i think that is all you can do and there's really nothing else you can do. martha: that was governor christie's swift response to the bridge traffic scandal, raising new questions about how president obama has handled controversy. fair and balanced debate coming up. bill: martha, to our viewers at home on the work and at home, tell us what you think about christie's apology. send us a tweet this hour @billhemmer, @marthamaccallum. we'll share some of your thoughts a bit later. start the engine... and shift through all eight speeds of a transmission connected to more standard horsepower than its german competitors. and that is the moment that driving the lexus gs will shift your perception. this is the pursuit of perfection. how did edward jones get so big? 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[ male announcer ] by not acting that way. it's how edward jones makes sense of investing. bill: at least 45 cars and trucks in this massive pileup in idaho. happened on a busy highway near boise. at least dozen people taken to a hospital there. >> this is a war zone for us. we have multiple vehicles all over the place. we're hoping for minor injuries. i'm handling where we have the major injury now. as you can see we have close two miles of interstate with cars all over the police. bill: place say ice and fog rolled in and that is bad combination. martha: top lawmakers i have a accusing health and human services secretary kathleen sebelius of giving quote, false and misleading testimony to congress on the botched obamacare rollout and they are now calling on her to explain what she meant when she was talking. california republican congressman darrell issa has been leading that charge and he is the chairman of the oversight and government reform committee of course and he joins us now. congressman, good morning, to have you here. >> good morning, martha, thanks for covering these failure to get to the truth situations with secretary sebelius. martha: tell us about that. how do you believe she perjured herself in your opinion? >> in her statements about the security leading up the launch and not having been reported, it has been clearly, it has been made very clear that her direct lieutenants, a series of meetings, many of them in that recent period september 20th to october 1st, is very opposite what she said. one would believe it is vaguely possible that she was out of the loop but she didn't say, i didn't know. , she said in some cases it didn't happen. these are false statements. you would expect the secretary to be properly briefed and when her chief deputies were in mightings and clearly knowledgeable about things she said. martha: there may be some blanks to fill in here for. the charges that the security company who was securing the website, did they or did they not tell kathleen sebelius that they did not recommend going forward? that there were holes in the system? >> well, that is essentially the case. the mitre documents as they're often called. it is not a question of telling the secretary. it is did they inform her administration. she is not saying i didn't get personally briefed. she went further and said we weren't. that royal we is extremely important. that is to imply they went forward on october 1st because they weren't told of these problems. teresa fray, who was the highest ranking technology person, security person, has made it very clear that she wouldn't sign the document. she didn't recommend going forward. and that she made her thoughts known on september 20th. then from what we can tell was pretty much taken out of the loop as they went forward anyway. martha: so the sort of background, big picture here, as i glean it from what you're talking about, there was an effort to push this through? that everybody wanted to meet the deadline. they wanted to get obamacare rolled out on the date it was supposed to rollout and turned a blind eye on something that may be important to many, many people, how safe the system was for their personal information. >> a blind eye is an interesting expression, martha, a blind eye i don't want to know, don't tell me, is a little different than, oh, we would have known and it wasn't so. well it was sold. you were told and false statements were made by the secretary herself and that's where the rub comes is. don't come and tell congress that is clearly untrue and say it with authority of the entire health and human services. that is what she's done. it is what she has got to retract and make clear that in fact it was false when she gave it and she no longer stands behind it. that is what we've asked her to do. martha: that is exactly what my next question was. you have started it. you know, what could she do to make this right in our mind? and if that doesn't happen, what's your next step? >> well, if you stand by a false statement that you have made under oath to congress, then in fact you're guilty of perjury. now we're giving her every opportunity to imply that she didn't understand or that was in articulate. , but it is clear that facts given under oath by career professionals do not support her statements and there is no way to reconcile those. she has to retract them and stand by ultimately would then be perjury. martha: congressman issa, thank you very much. good to speak with you today. >> thank you, martha. bill: a massive chemical spill sparking urgent warnings in west virginia. people in nine counties told to stay away from the water. schools, restaurants, local governments, live to the sane and waiting on a press conference in 10 minutes. martha: how about this story. a possible connection between deadly road rage attacks out there. why investigators think there may be a link between the death of this man in pennsylvania and a police officer who was shot to death in kentucky. >> whenever you have an investigation of the magnitude of the one in pennsylvania and also the one we've been working for several months down here in kentucky, you don't want to leave any stone unturned. to tru, the truck is everything. and when you put them in charge of making an unbeable truck, good things happen. this is the ram 1500. the 2014 motor trend truck of the year. ♪ and first ever back-to-back champion. guts. glory. ram. getting the right nutrition isn't always easy. first, i want a way to help minimize my blood sugar spikes. then, a way to support heart health. ♪ and let's not forget immune support. ♪ but now i have new glucerna advance with three benefits in one. including carbsteady ultra to help minimize blood sugar spikes. it's the best from glucerna. [ male announcer ] new glucerna advance. from the brand doctors recommend most. advancing nutrition for diabetes. female announcer: get beautyrest, posturepedic, female announcer: even tempur-pedic mattress sets, at low clearance prices. save even more on floor samples, demonstrators and closeout inventory. the year end clearance sale is on now at sleep train. ♪ your ticket to a better night's sleep ♪ with tempur-pedicam and the largest selectionnters of memory foam mattresses under one woof! icomfort by serta, optimum by posturepedic, comforpedic by beautyrest. ooh, 48 months interest-free financing, free delivery, and queen size memory foam mattress sets as low as $697! that's more mattresses than you could shake a bone at. ♪ mattress discounters martha: police in kentucky are looking at saturday's road rage killing along a pennsylvania highway to see if there could be a link to the murder of police officer jason ellis. he was shot dead in kentucky on the highway last may. kentucky state troopers say there appear to be the similarities in the murder of timothy davidson who was shot in a road rage incident on saturday. >> they're since fatal shootings and comparing weapons and ammo if they know that or anything else. you know, you obviously have the correlation between the interstate and also the fatal shooting. martha: so the fbi is working with the state police. so far no suspects have been identified in either of those cases. bill: fox news alert now. minutes away from a news conference in west virginia. much. hundred of thousands in that state, they have been warned to stay away from tapwater because of a chemical spill. the white house issuing a federal disaster declaration. people in nine counties told not to bathe, wash their teeth or their clothes now. a chemical used to clean coal leaked into the elk river near, charleston, west virginia. that spill shut down the capitol and surrounding counties. worries grow how people who may have been exposed to that chemical. >> it will be unpleasant. we are concerned that, you know, people are going to be find it objectionable. we had complaints about eyes burning, things of that nature. best advice to stay inside right now until they get this taken care of. bill: this will take some time apparently. laura jordan, spokesperson for west virginia american water. good morning to you. >> good morning to you too. bill: how dangerous is this? >> this is something we're addressing with the utmost precaution just as a, precaution for our customers with their best interests in mind. we don't anticipate anything that is extremely threaten. until we can confirm with actual numbers we have to treat it with the utmost precaution. bill: i can understand that. what are you telling people, laura? >> we're advising people not, who not to use the water for washing and things of that nature. right now we do have the water system continuing to run for sanitation purposes, for firefighting purposes. until we an assure customers the water is safe to drink and there are some very complicated testing going on overnight and into this morning, to be able to determine that. until that time it is in the best interests of them and we worked with the state bureau for public health and homeland security and the governor's office just to advise customers at this time not to consume it and not to use it or have contact with it. bill: your phone is breaking up little bit. hang with me if you can. your company sent someone to investigate. have you been able to conclude much yet? >> to an extent. we were notified of the chemical leak around noon yesterday. it was only a mile to mile 1/2 up river for the intake for the valley water treatment plant. we have gotten information about that chemical. we talked to the toxicologist of the chemical manufacturing company about the potential hazards and we're continuing to analyze data with, with the equipment that is necessary to be able to isolate these different chemical compounds. this is not a chemical we see in the water. this is very unique situation that we never had to handle before. bill: what is that chemical? >> it is called crude mchm. it's a mixture that is used in the coal mining process. we understand that it is a foaming agent or frothing agent. bill: and if it gets into the water, laura, can you, can you extract it? can you get it out? >> no. it is not, it can not be extracted through the regular water treatment process. as we thought it may have been able to. right now all we can do is test and analyze results as we are able to flush it out of the system through a systemic flushing by our crews as well as through regular use of people flushing toilets. , thanks of that nature. bill: one last question, laura, do you know if the spill is still happening? >> it is my understanding that the it has been contained. the department of environmental protection is on site working with that company. i know earlier in previously you said there was huge chemical leak. that is not actually the case t wasn't huge. we have to take precautions for any level of contaminant in a drinking water source. bill: you would say huge, affecting hundred thousand people. >> absolutely. we have 100,000 people in the system. bill: laura jordan, west virginia american water company near charles ton, west virginia. when the briefing begins we'll bring you there live here on "america's newsroom." martha. martha: new reaction today to how new jersey governor chris christie handled the fallout of the george washington bridge scandal and how his actions compare to president obama and how he deals with controversy. bill: how a burst from the sun can mess with your gps and a whole lot more. ♪ with my friends, we'll do almost anything. out for drinks, eats. i have very well fitting dentures. i like to eat a lot of fruits. love them all. the seal i get with the super poligrip free keeps the seeds from getting up underneath. even well-fitting dentures let in food particles. super poligrip is zinc free. with just a few dabs, it's clinically proven to seal out more food particles so you're more comfortable and confident while you eat. a lot of things going on in my life and the last thing i want to be thinking about is my dentures. 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[ male announcer ] while identity theft can't be completely stopped, no one works harder to protect you than lifelock. you even get a $1 million service guarantee. that's security no one can beat. you have so much to protect and nothing to lose when you call lifelock right now and get 60 days of identity theft protection risk free. that's right. 60 days risk free. use promo code notme. order now and get this document shredder to keep sensitive documents out of the wrong hands. a $29 value free. don't wait until you become the next victim. ♪ ♪ >> there is a lot of new reaction to chris christy's reaction. listen to the response. >> we are trying to figure out why the president is never direct and now we have an example of the opposite. a guy who is out front, leads and tells the truth. sometimes people are annoyed by that. >> this won't go two hours. mike, was there a clear contrast between how christy reacted and what we have seen in the administration of the mayor, for example? >> first it implies the president has handled his scandals. you can ask how the president handled benghazi. chris christy did as much as we can expect. we layed it out, and said this is who i am going to fire. this should be seen as good news to christy because of the way we reacted to failure. >> and mike, are you cool with what he said and do you see a difference unload -- in leadership styles -- >> yesterday's press conference was a pathetic display of self-y pity. it was like he was talking to a therapist about how he was a victim in this. he made it clear his firing was based on the fact people lied to him. why wouldn't he fire them for the harm they caused to tens of thousands of people? that is the difference between the president and christy. >> you may disagree with his style and the words he chose, but when you compare the reaction to the white house to to the health care website. we didn't get a press conference for six weeks >> and no one has been fired because of the health care website and in the irs scandal the people have been promoted. i think the closest comparison isn't the irs scandal. it is more the government shutdown and the president of the white house shutdown the word war ii memorial, that is a better comparison. has anyone been fired because that? >> here is chris christy addressing what you mentioned. >> there are plenty of times i get credit for little for what i have to do with and the opposite is true as well. they did hurt the people of new jersey and fort lee and the person who needs to apologize is me. >> hurt the people of new jersey. hurt the people of fort lee. what do you think? >> he has a record of belitting or bullying people and wants us to believe this was a surprise to him. this is his record of administration for his entire career. let's talk about the comparison to president obama. when a real scandal happens. let's look at the definition of scandal. there are lots of foe scandals out there. when benghazi happened, our embassy was attacked, the president immediately said he would hold this accountable and investigate it. >> how is that working out? >> those on right wanted to spend millions on trying to create a scandal versusg after the perptraitor. the president will stand up and say these are the steps we have going to finish. >> as far as i know the people who are responsible for benghazi haven't been arrested. do you know that different? >> the president's action in saying what his administration was going to do to go after them and being focused on that versus trying to create a foe scandal. >> tell that to sean smith's mom. >> we have to run. >> thanks, bill. >> this is the going to be a big story. changes to the national surveillance program could be announced next week. he is considering restructuring the program that collects meta data on people's phone records. what do we know about the president's plan here? >> he is weighing the benefits and also looking at having the phone companies storing the national data. there are 40 suggestions from a board formed after the link. the president's announcement probably won't be the end of the story. >> there will be some that i expect he will want to act on or want the government to act on right away. there is going to be others he way decide shouldn't be acted on. and there maybe some that would require further review. >> reporter: carney says obama will address this before the state of the union address >> what about the reaction from congress on this? >> reporter: most lawmakers are calling on the president to strike the right balance between protecting national security and individual liberties. but they don't all agree with that balance lies. members of both houses and parties met with the president at the white house. we are seeing a group of mayors who met with the president on a different topics. rand paul was here on another matter. the matter the mayors were here on. and paul is not sure of the court. >> i am satisfied if this is debated and discusdiscussed and decided by the supreme court. you have constitutional things being decided in secret in fisa court. >> he is thinking it might be more responsible by putting a civil liberty on it but they are not sure if that is enough if he is outnumbered and everything is a secret >> so the lead attorney who argued against the health care's constitutionality before the u.s. supreme court joins us and tells us how it is going. >> a boy got suspended for this pop tart pistol and they are trying to change the rules now. fighting constipation by eating healthier, drinking plenty of water, but still not getting relief? try dulcolax laxative tablets. dulcolax is comfort-coated for gentle, over-night relief. dulcolax. predictable over-night relief you can count on. >> we are waiting on the word from west virginiai. the chemical spill near charleston and on order not to drink the water for hundreds of thousands. the water company president is saying they are not sure if the water is safe. the testing continues and when we get more from that we will let you know. >> in the meantime, obamacare's key provisions are taking effect january one of this year. and our next guest was the lead attorney arguing against this law in the landmark case back in 2012. but does he think about it now? very glad to be joined by him today. >> great to be with you. >> now you have seen the law and you put your heart and soul in representing 26 states of this country who believed the law was unconstitutional and couldn't be forced on people and the basis of that was forcing them to buy something like that they don't want. and now we see people forced out of policies. what do you make of this? >> this is what i would expect you would see when you force people to buy something they don't want. a lot of people were happy with what they had. and now they are being forced on to the market. i am stunned by how many provisions of the law have been delayed because some provisions no one wanted or was ready for. >> it is part of litigation you are continuing to pursue because maybe that is the avenue that is pursuable maybe because you cannot go back and rewind the clock and see see i told you we would have to buy things we didn't want to. i am curious about the fact it came down to one element for the chief john justice for determined the penalty was a tax and if people didn't buy health insurance they would have a tax levied against them. everybody in common lingo from the white house to the hss says it is a fine, it is a penalty. what do you think of that since this was the nub that lost the case for you? >> what is disappointing about the way the supreme court ultimately ruled is part of rule of the law is accountability. if congress labelled this as a tax from the beginning i don't think there would have been the votes to pass this. so the idea they can pass something that is not a tax and then it is upheld because it is a tax. >> they went to great pains to say it wasn't a tax, correct? >> absolutely. and that started the day after the opinion was issued. it wasn't a tax, we are happy with was withheld because it is as a tax, but it isn't a tax. >> there is so much to be litigated with the aca is concerned. we talked to ron jackson and you guys are working on something together. tell us how that is going. >> the one senator johnson is challenging is whether people in congress will have to live with the same health care plans. the democrats were forced to say if this is a great health care deal why don't we live with it in congress. and congress said we will live with the same health care system. but then a couple years later the office of personal management comes up with a rule that gives subsidies to congress and their staff that no body else has. no senator johnson's position is simple. that is not what congress passed and because of the rule and statute were directed to the senator, his office and his staff's health care, he has standing to challenge that. and that is what he is doing in this lawsuit. it might not be the single most important provision, but it is one where he has the legal bases to challenge. >> thank you very much, paul. >> happening now is rolling your way in 11 minutes. jenna lee with a pree view. >> it is the first to me in history more than half of congress are millionaires. and what is next in the debate on jobless benefits? and a man has been arrested after his ex-girlfriend sent him an an e-mail. and how a protein in our own body could hold the key to s surviving. >> billions of particles are heading our way. should you be concerned? >> billions? i might be. female announcer: it's time to make room female announcer: for the new mattress models during sleep train's huge year end clearance sale. get beautyrest, posturepedic, even tempur-pedic mattress sets, at low clearance prices. save even more on floor samples, demonstrators and closeout inventory. plus, free same-day delivery, set up and removal of your old set. why wait for the new models? sleep train's year end clearance sale is on now. superior service, best selection, lowest price, guaranteed! ♪ your ticket to a better night's sleep ♪ >> this is scary. a bill on oklahoma would ease up on toy gun laws by not punishing children for making fake weapons. the lawmakers was motivated by this pop tart. a boy in mary land was suspended from school for chewing this pastry in the shape of a gun. the policies are too strict and ridiculous. the state's agency opposes that measure. >> the sun is active and sending a cloud of radiation headed towards earth. we have a few images here. where do we need to focus? >> if you look at what should be scary, that is where your eyes should be. this is a ar-1944. it is the biggest flair in ten years. this is crackling magnetic activity. it is a storm on the sun. that is driven by magnets. it is giant solar eruption. it is sending a high speed flow of plasma our way at several hundred miles per second. >> this is the same image-only closer? >> this is all driven by magnetic activity. it looks like a crackling lightning bolt. >> this is the video and is this the crackling your talking about? you can see the sun in action. >> you can see the storm forming through things that are more like magnetic bolts. >> this white stuff is the flair coming out. you have always said the thing that worried you is a solar flair. why? >> this is the biggest one we have seen in ten years. this flair is coming past us right now. people have mostly dealt with. they canceled a supply ship to the space station. >> is that the only thing effected? >> this causes a few hundred million in economic loss every year because it effects power lines and makes satellite fail quickly. this is the biggest in ten years. 150 years ago there was a much bigger one. and you would be talking about hundreds of billions or trillions of losses. if you are lucky and have dark skies you might see a cool auroea. >> employers hired the fewest workers in three years. wall street's reaction, straight ahead. martha: still a big talker of the day of the we asked what people thought about chris christie's apology. jeffrey tweets, i don't care about traffic in new jersey. bill: sean says he never covers covers things up like others in washington. martha: happy weekend, everybody. we'll see you monday. bye, guys. jenna: we start off this friday with a fox news alert. hundred of thousands of people in nine west virginia counties dealing with effects of a chemical spill in the water supply. the white house declaring a federal disaster after a coal processing chemical spilled into the elk river in charleston just yesterday. much of the state's capitol is shut down today. the governor telling residents in the affected counties not to use tapwater, to bathe, to brush their teeth or do laundry or anything else. >> concerns me a lot. i have children and animals. we sim in the summer. we boat. we tube. we're in the river. i like to know maybe why it happened so that it can, they can keep it from happening again and, really just anything that they're goin