>> there it is. killed them all. of course. bill: so durst is expected in court in new orleans in two hours. that is the latest chapter of a murder mystery going back three decades. john roberts live in new or liens. john what will happen in court today? >> reporter: good morning bill. today's hearing at or liens hearing court is extradition hearing about robert durst will go back to los angeles to face murder charges. he was part of new york city, real estate mogul, durst family. he has checked in under assumed name. los angeles police say evidence into the 2001 killing of susan berman a confidante of durst. jeanine peery wanted to talk about the disappearance of his wife kathleen, before that could happen, berman was shot execution-style in the living room of her own. in a special edition of the -- he doesn't make many much about the bathroom confession. >> you said things under your breath before you probably didn't mean. i don't want to talk about the specifics because i understand. >> he killed three people. >> l.a. county has got a case. we'll address those facts within the courtroom. but generally speaking i was underwhelmed, honestly, judge. >> reporter: the hbo documentary also uncovered another piece of new evidence, a letter that durst sent to berman shortly before her killing. it has very similar handwriting and misspelling to anonymous note sent to the beverly hills police department spelled, beverley police department saying there was cadaver in berman's home. the brother of durst's wife, kathleen, whose disappearance was never solved says he is glad durst is behind bars. >> bottom line is, bob ask kind of like the flight or fight syndrome. he would always fight he knew he had a good bank account behind him. this time around he knew he had the flight. which was his only option. he was trying to get out of this country in a big way when the fbi arrested him. i was so happy to see that happen. >> reporter: while these two new pieces of evidence were central to the hbo documentary's final episode last night l.a.p.d. are not tipping their hand what new evidence they might have or whether that is the new evidence. bill: that is interesting. what is the expectation. does he stay in new orleans or go back to los angeles today at some point? >> reporter: according to chip lewis, unless something happens during this morning's hearing, robert durst is not going to fight extradition. it is possible los angeles police could come to new orleans as early as today to pick him up and take him there. he is being held una probable cause warrant. no formal charges have been filed. those are expected to come later today. if the two new pieces of evidence if that is the evidence they have admissible in court and will a jury buy it. don't forget 20012001 was in found not guilty of killing his neighbor, lewis black even though he cut his body into pieces and threw him into galveston bay. bill: martha with more. >> defies all reality and common sense. he has been suspected in the three murders you heard about this morning there. is susan berman that is picture of her. that is case she he was arrested. very close friend of his going back to graduate school. she was killed in 2000 in beverly hills right after his case was reopened. she was shot in the back of the head execution-style. he actually admitted as we just said to the murder of morris black, but he said it was in self-defense, even dismembering the body in galveston, texas. he was tried. the jury found him guilty not guilty in that case because he convinced them that it was in self-defense and what he did to the body afterwards was inconsequential to the underlying case. then there is his wife. cath ling durst. -- kathleen durst. disappeared in 1982. her body was never found. the director and producer of "the jinx." the hbo series ran for six nights saying the life story of durst had all the makings of must-see tv. >> we have been fascinated by the story of somebody who started out in this incredibly opulent way born into the mill mayor family in westchester county, with all the opportunity in the world somehow ended up 70 years later in a $300 rooming house in galveston, texas disguised as a mute woman. that is story we would not ignore. martha: referring to durst hiding in ball vest ton, texas. disguised himself as a mute woman. then got caught stealing a sandwich. bizarre, bizarre story. bill: indeed it is. robert durst is behind bars. he has been there before. found not guilty as joan alluded to a moment ago. what with wilt happen. extradition hearing. our legal panel will take it on in the "america's newsroom." durst family is known for real estate holdings, the new one formerly known as the freedom tower. that family thought to be worth 4 doll billion. martha: this other big news today, hillary clinton hitting the back space button a bit on her initial comments over the email controversy. former secretary of state saying, her team, quote, read every email before they decided whether to delete them or turn them over for review. congressman trey gowdy says if they have to the full house is prepared to go to court to get access to those emails. >> if the public believes it is reasonable for her to turn over that server which continues public information to a neutral detached arbiter, not congress but a retired judge or an archivist or inspector general, then she will be forced to do so. >> chief white house correspondent he had henry joins us li e in our studio in new york for a change. i'm doing great. break this into two parts. she said she went through the emails, she and her staff and she decided what was personal and what was business and turned over the business and destroyed the personal. now the question comes up how did you make that determination. >> reporter: after the news conference and spoke last taught in new york, she put out a fact sheet, her team, that suggested that the former secretary and her attorneys had sat down done a different system used search terms what they thought was personal searched words like benghazi when they found a few hundred emails they put those aside and ready to turn it over to the state department. then they suggested they just deleted rest basically after key search terms and searching interactions with key state department aides white house officials et cetera. now all of sudden they send us yesterday a statement clarifying no, actually they did go through and read each email, not something they said in the fact sheet last tuesday afternoon, tuesday evening. maybe it amounts to nothing. but curious that the story is changing. on friday, state department spokeswoman, jen psaki said at podium, wait a second, only started automatically archiving and saving emails in the state department system this february long after the secretary clinton had left. john kerry was now on the job. why is that significant? last week at the news conference former secretary clinton several times said, even though i was using a personal account, when i was emailing aides on state department accounts that was automatically captured. now the state department is saying well maybe not. there are some gaps here. martha: many soft people she was emailing also had an account off of that server. >> some of them did. martha: uma abed dean and cheryl mills. >> what were they using for personal and what was official. they may have had official state accounts where they were doing official business. we don't know yet. that is why trey gowdy is demanding answers. also of significance jason chaffetz, house government oversight committee talking about potentially get into this. you may have two different committees. interesting james carville was on tv. yesterday, whole reason she set up private server didn't want to deal with republicans on the hill. martha: can you blame her? the problem she works for the united states government. >> when you're secretary of state there is congressional oversight. martha: they bought it an installed it, the business she was doing belongs to her boss, the american people and united states government. do you think we'll get to a point where trey gowdy takes it to full congress for a vote whether or not they subpoena the server? >> based on "fox news sunday," he is planning to do that. former secretary will be giving a speech. elected to the irish hall of fame. martha: hillary o-clinton. >> right. she will give remarksly l lunch midtown manhattan. first time we heard her speak for a week, 15 minutes. martha: what time is happening? >> 12:45 eastern time. unlikely she will rehash all of that she is the point. she is trying to obviously turn the page and talk about her time at secretary of state. republicans on hill won't let that. martha: get that campaign appat ratos in place and move on. good to see you. >> thank you. bill: big parade tomorrow. martha: they're looking for a bandleader. bill: congressman trey gowdy asked it over the weekend about the investigation, saying it has nothing to do with politics. >> if you look back at the three hearings we have had so far, i have mentioned hillary clinton's name a whopping zero times. we were interviewing witnesses that have nothing to do with secretary clinton when this story broke. so to the extent democrats are frustrated they should talk to secretary clinton not me. i didn'tler had to get a personal server. i didn't tell her to hire her attorney to go through 60,000 records. lord knows i didn't tell her to delete 30,000 of them. bill: ed referred, james carville talking over weekend. saying clinton was protecting her personal business from snooping by enemies. is that all it was? we'll discuss it a bit later today this afternoon on "america's newsroom." martha: vladmir putin with a shocking admission. he was willing to put his personal nuclear arsenal on the table over ukraine. bill: this cargoing airborne, nearly 300 miles-an-hour. the driver inside we have an update on his condition this morning. >> wow. quite a crash. so the white house calling republicans out, tell them to back off on the issue of iran. senator rand paul is here to respond on that next. but here, is tom cotton first. >> no regrets at all. and if the president and secretary of state were intent on driving a hard bargain, they would be able to point to this letter and say, they're right. help northern china reduce its reliance on coal fire heating plants and prevent 60 million tons of co2 emissions? when emerson takes up the challenge it's never been done before simply becomes consider it solved. emerson. meet the world's newest energy superpower. surprised? in fact, america is now the world's number one natural gas producer... and we could soon become number one in oil. because hydraulic fracturing technology is safely recovering lots more oil and natural gas. supporting millions of new jobs. billions in tax revenue... and a new century of american energy security. the new energy superpower? it's red, white and blue. log on to learn more. martha: we are down to the wire now in the high-stakes negotiations over iran's nuclear program. secretary of state john kerry arriving in switzerland where he is now meeting with his iranian counterpart. nuclear talks entering a critical stage. there is a deadline on all of this that is a mere two weeks away. the negotiations resume after 47 senate republicans signed an open letter warning iranians that any deal that was reached could be quashed by a future president or members of congress. bill: also white house telling republicans to butt out. chief of staff denis mcdonough sending a letter to bob corker, writing about a potential deal in congress this way. instead the legislation would potentially prevent any deal from succeeding by suggesting that congress must vote to approve any deal. republican senator rand paul member of the foreign relations committee. he is our guest live in austin, texas, attending the south by southwest congress and opening an office in about an hour's time in austin that could help with technology for a potential presidential campaign. i know you will not answer that question today. i think you might answer this one of the white house says congress is getting in the way of a deal. what would you say to that, senator? >> here's the thing the sanctions we put on iran were votes on by congress. there are law. laws can only be repealed by congress. the president can't just willy-nilly say hey i can do what i want and i will repeal the sanctions this is something that has been true time after time. immigration health care, war powers the president says hey i can do whatever i want but that is not the way our law was written in the constitution. law can only be undone by congress. bill: i think mcdonough also suggested there will be a fight there will be this big debate in congress. he called it a robust congressional debate but you still have a chance of the veto threat from the commander-in-chief even if congress does act. >> right, we do but the thing is, this is an ongoing battle between the coequal branches. presidency a coequal branch with the congress. laws are written by congress. we wrote and passed the sanctions that can only be undone by congress. simply what we pointed out in the letter is what the constitution states and what the law states. laws can only be undone by the congress. bill: there is a deadline in two weeks and they're meeting again today in switzerland and john kerry was quoted over the weekend that an extension is not likely. we'll see whether that is the case or not. topic, number two hillary clinton's emails on sunday her campaign confirmed with fox news about the fact that they personally saw 30,000 emails declaring what was personal and what was not but you made news yesterday saying you clearly believe she broke the law. what law is that, senator? >> well, here's the thing. when you go high-ranking office, secretary of state, the president himself, they sign a statement when they come in saying all government records will remain with the government. they actually sign an exit statement, i believe, we'll have to find out if she did sign the statement, saying that all government records remain with the government. they haven't scene anything with them. this is a real problem. some people say is that really a law? could that really be prosecuted? it is perjury. general petraeus was recently accused of the same thing, of having classified information in an inappropriate location outside of government security. so i think when she says she needed this for convenience, not to carry two phones i think convenience should never trump national security. i'm worried that she left government records in an unsecure site and actually she was still in potential of government records after she left government service. bill: it has been documented what the u.s. ambassador in africa was fired for using personal email two years ago. with about the comment about deleting emails and going through every email? which was a bit of an, i guess an addition to the statement or clarification according to clinton, the clinton team? >> here's the problem. she wasn't obeying the law by keeping her email on a government server. now we're supposed to trust her she only deleted ones that had to do with her personal activities? here's the other problem. even her calendar, like she says i was just going to yoga. well that is classified because we don't want terrorists to know where the secretary of state goes or where they're going to yoga. her schedule which sounds mundane is secure and should not be over an unsecure server. this is about judgment this is about whether she has the judgment to lead the nation. about trust, also. can we trust someone who say, the law is fine, the ambassador is not allowed to do this, but me, i am above the law and i can do what i want? i think american people won't like that. bill: you i cut your comment, she will stonewall to the end and independent investigator is needed but i'm not sure who assigns that. thank you for your time senator. in austin texas. republican senator rand paul with us. martha. martha: new chilling video shows the moment two officers were shot in ferguson, missouri. >> [gunfire] >> oh. [bleep]. >> now there is a suspect under arrest in this case. what he is now saying to the police. that plus this. >> whoa! larry crashes hard right at the finish line. >> had to think he was thinking a little more than whoa, right? a drag racer's miraculous escape from this. the hotels.com app can help you find a great deal on a hotel room. however, it won't help you if you lock yourself out of your hotel room in your underpants. than ks captain obvious. no need to thank me, since i haven't helped you in the slightest. bill: tough day here. racing champion larry dixon involved in a horrific crash. gator nationals this weekend. >> whoa! larry crashes hard right at the finish line. bill: that car tore itself apart right at finish line as the announcer mentioned. amazingly dixon walked away, comparing later to a amusement park ride gone back. they're investigating how he went airborne. martha: well a 20-year-old protester now under arrest in the shooting of two officers outside the ferguson police department. police say jeffrey williams confessed to firing the shots that hit the officers last week but he claims he was not targeting police. mike tobin live in ferguson with the latest. police are confident though that they do have the right man correct? >> reporter: correct. county prosecutor bob mccullough said a 40 caliber handgun linked to 20-year-old jeffrey williams, matches shell casings found her at the shooting scene. williams own statements indicate he is indeed the shooter. >> it was a weapon recovered which, been tied to the shell casings that were recovered there, the weapon recovered from him. he has acknowledged his participation in firing the shot. >> reporter: williams is being held on a $300,000 cash bond. the chargeses are first degree assault, armed criminal action and firing a weapon inside of a vehicle. martha? martha: so the prosecutor's not buying that story, mike that he didn't intend to hit the police officers, right? >> reporter: no the prosecutor is not buying the story. the story was relayed to local activist who visited in jail and williams's story is that the shots were fired in self-defense. >> he said a protester was trying to rob him. he said that he could not describe the protester. and i asked him if he could have shared with us, that was leaders out there that was law enforcement, if someone was going to rob me, should have let us knew that so we could have his back. >> reporter: bishop robinson also says he is not buying that story. now there is a debate whether williams was part of the protest movement but he did tell bishop robinson he came down here on wednesday night to support the movement. martha? martha: mike, thank you. bill: so there is a new twist in the hillary clinton email controversy we mention ad moment ago. long-time trusted clinton confidante james carville is saying that she was trying to keep republicans from snooping into her personal business. what about that? let the madness begin. >> go into the ncaa, guys. martha: coming back to get into the ncaa championship, kentucky cementing its place. get your brackets ready, folks. here we go. ♪ bill: 30 minutes past the hour now. some of our top stories on a monday, real estate heir robert durst arrested after what's being called a confession in a television documentary. he is accused of 2000 murder of his friend susan berman, set to appear at an extradition hearing 11:00 a.m. eastern time in new orleans. secretary of state john kerry back at the negotiating table today with iran. the deadline looms two weeks away. neither side promises any breakthroughs. the obama administration reversing course as u.s. officials say nearly 10,000 american troops will be kept in afghanistan well into next year. military leaders have pushed for troops to help protect american gains there and train afghan security forces. martha: there are new questions today about what hillary clinton may have been trying to hide in those emails that were deleted from her time as secretary of state. this after former senior advisor and top clinton confidante told abc this week told them that the former secretary of state didn't want republicans snooping around. >> republicans can't pass a budget. we have another investigation just like whitewater and go through file gate you go through travelgate. you go through, several or eight different congressional committees. you wonder why the public is not following this? they know what it is. this is something she did it was illegal. i suspected she didn't want louie gohmert rifling through emails. which seems to be a reasonable position for someone to take. so it amounts just like everything else before it, amounts to a bunch of people flapping their jaws about nothing. martha: flapping their jaws about nothing. let's flap our jaw as little bit more to see what we get. katie pavlick, town hall. com. mary ann mash, aid to former senator john kerry. james carville basically admitted she was trying to keep her stuff from anybody seeing it louie gohmert included? >> well i think it was a consideration but not the consideration. to wrote what you said earlier in the hour, martha, who could blame her. she spent eight years in the white house as first lady under constant incessant investigations. why people know republicans are simply going to overreach again because they have uncontrollable game of gotcha. here we go again. if you want any proof the fact is trey gowdy has known for months that she sent emails she turned over to his committee, benghazi, over 300 of them came from that account. yet, now, today he is suddenly outraged by it. of course it is politics. that's why people see it for what it is political gotcha. bill: martha: katie, what do you say about that. >> i don't think this has anything to do with republicans necessarily. this has to do with congressional oversight of the executive branch which is very important whatever party is in the white house and associated press, suing the state department for hillally's information because they refused to comply with blair request. this is not about republicans this is about transparency and federal records act. there are very serious questions surrounding hillary clinton's legality when it comes to using a private email server. if she didn't want republicans rifling through personal emails. i understand that that is why we have government addresses and government email servers to hold all historical data for the state department. there are legal questions here that need to be addressed. >> that is why you know i guess all politicians have to be careful what they put in their emails. if they don't want something to be disclosed maybe they have a private conversation. but fact of the matter is, mary ann, when you look at all the investigations leveled against the clintons all these years you would think they would not give themselves a sword to be thrust into them in this way when they know they're always going to be under a tremendous amount of scrutiny? >> well two things, martha. to quote james here, to what end did all the investigations add up to, one? two, when you look around trey gowdy has his own email address. jason chaffetz, running house oversight committee, puts his gmail address on business card. jeb bush has his own server. scott walker has his own server. if you listen to hillary clinton she is holding herself to the same standard everyone in the federal government and everyone she is running against. martha: very fair point katie. what is the difference. >> there is a legal difference. i want to say straight up, i think all public officials should do all the public government business through a government email address. that doesn't destrack from the point hillary clinton conducted all, not some all of her state department business on this private server which not only put national security of the united states at risk, but she did that in order to avoid congressional oversight which is something that is very important to the fundamentals of how our country functions. so for her to evade the transparency i think is affront to the american people, who when you ask them they're concerned about corruption, they're concerned about transparency. hillary clinton should answer for this. she is going to have to answer for this going into the 2016 campaign. i think she will have to answer some very tough legal questions when it comes to eproviding the federal records laws and evading freedom of information requests. >> the point, mary ann you don't get to do that when you work for the american people, they're your boss. so, your business is their business. and you can't have a sort of semi offshoot group under which you do state department business just because you don't want anyone to ever look at it. you don't simply get that right. it doesn't come in the job description. does, do you agree with that? >> look, i believe that of course, hillary clinton is answerable to the american people. if she runs for president she is answerable to the american people. martha: then she simply has to turn them over, mary ann. she simply has to be completely open and transparent. if you believe that she works for the american people, then the business that she conducted on that server needs to be given to them. if there is nothing to hide there is nothing to hide. turn it over. >> and martha she will, she has said and, as far as we know, all of this is true, she has turned over everything, that had to do with government business. everything. you can believe it or not. but that is where we are today. people have to give her benefit of the doubt -- >> her staffers said that. there is no third party looked at it and said that. >> hillary clinton said that and american people giving her the benefit of the doubt. this is political gotcha, period. martha: so that is it. trust me. trust me. >> the woman used a private email server -- martha: hold on. katie go ahead first. >> woman who used a private server to conduct official state department business, all of it, we're supposed to believe now she did this in secrecy. we're supposed to believe now because of her word, hillary clinton turned everything over. if she really did she would be open to turning this over to third party not even congress maybe a judge or someone else to take a look at it. instead she is still hiding and her story keeps changing. that is where the problem is. martha: no doubt you talk about other people who have private email addresses. no doubt everybody is reevaluating their policy on this if they do bark about it, they better realize it could bite them as well. thank you very much, ladies. food to have you both here. >> thanks, martz that. martha: okay. bill: kentucky is undefeated trying to chase history too. heading into the ncaa tournament number one seed in the midwest, kentucky is hopes to be the first team to finish undefeated since 1976. wisconsin also number one seed, first time in its program history. remaining two number ones are maccallum? martha: villanova and duke. bill: dukekys. don't expect much work to get done. some people, carolina they call them dukies. new study finds that march madness will cost employers $2 billion with workers checking brackets or watching games on company time. the american gaming association estimates that 40 million americans will fill out brackets and gamble roughly $9 billion in the tournament. $10 of that $9 billion will be shared between maccallum and hemmer. we will have a wager. this is you how we should work it. you don't have to answer until thursday. martha: listen to this deal. you can send me a tweet if you think this is the deal i should go for or not. bill: send me a tweet if you think maccallum is crazy. i will take kentucky and give you 63 other teams. for 10 bucks. martha: team i want is villanova. bill: you can haveville november la and 62 others. i will take kentucky. martha: you're so sure they're going to win you get the 10 bucks if they win and if you lose i get your 10 bucks? correct? bill: correct. if kentucky loses i owe you 10 bucks. martha: how much did this cost fox news? everyone is look at brackets and we will too. stop paying attention to your brackets. get back to your job. bill: there is play-in game tuesday, night wednesday. big thing tips off on wednesday. we have a deal or -- martha: thinking about it. i want people to tell me what, whether i should do this the b we'll get back to you. will be fun that's for sure. how about this though a monster cyclone which is the most horrible, horrible story today. it devastated an island paradise in the middle of the pacific. the latest on the trail of destruction from cyclone pam. bill: there has been a spotting of vladmir putin reappearing after a 10 day absence. where was the russian strong man? kt mcfarland on that on deck. ♪ building aircraft, the likes of which the world has never seen. this is what we do. ♪ that's the value of performance. northrop grumman. ♪ is it the insightful strategies and analytical capabilities that make edward jones one of the biggest financial services firms in the country? or is it 13,000 financial advisors who take the time to say thank you? 'night jim. gonna be a while? i am liz got a little writing to do. ♪ it's why edward jones is the big company that doesn't act that way. when account lead craig wilson books at iaquinta.com. he gets a ready for you alert the second his room is ready. so he knows exactly when he can settle in and practice his big pitch. and when craig gets his pitch down pat, do you know what he becomes? great proposal! let's talk more over golf! great. better yet, how about over tennis? even better. a game changer! your 2 0'clock is here. oops, hold your horses. no problem. la quinta inns & suites is ready for you, so you'll be ready for business. the ready for you alert, only at iaquinta.com. laquinta! martha: the ohio river rising to its highest level in nearly 20 years. rising waters affecting thousands of people. folks using boats to go down the street here in louisville. crews also searching for a man believe to have been swept away by the river. several thousands dollars in damage so far. the water level not expected to go down for several days. that is what we'll be watching. bill: you got it. fox news alert. there has been a sighting of vladmir putin appearing in public for the first time in 10 days. his absence sparking rumors about his health and whereabouts. returning with a bang, calling up 40,000 troops to be put on full alert. kt mcfarland fox news national security analyst, former deputy assistant secretary of defense in the reagan administration, kt, good morning to you. a lot to go through. first of all his absence meant what? what was he doing? >> the kremlin gossip, well did his girlfriend have a baby? did he have to be there for that or was he sick or cosmetic surgery? far more likely when he puts troops on alert he has a political issue at home. i don't know that he has a palace coup on his hands, but chances are he has real problems at home, largely from the fact that ukraine is not going well. they haven't done what they wanted to do. secondly the economy is collapsing and at the same time the brinksmanship that putin has shown. bill: when a leader in the world disappears -- >> yeah you wonder. bill: for 10 days, reminds you of the communist days. like where are you? where have you been and why don't we know that? putin is a significant player influencing a lot of things with regard to iran and ukraine and syria et cetera et cetera. why does he call up 40,000 troops on day one? what is going on there? >> that is why i think that he wasn't just on vacation, or had cosmetic surgery or wanted to be with the girlfriend. i think he had military issues at home. he also has come out and said there is a documentary, this is one-year anniversary of their takeover annexation of crimea. he said i was willing to go to nuclear alert over korea and ukraine and crimea. i think what he is signaling i've got the military behind me. i'm behind the military. we're all good with this. the problem i think he has ultimately with the oligarchs. the brinksmanship he has done and collapse of their economy, largely because of sanctions and falling oil prices, oil is the only money maker in russia. who buys russian computers or russian cars? it is only russian oil. as a result of that his economy is bad. it will not get better. he made a lot of promises. promised the military i will give you a lot of new weapons. promised pensioneers i will increase your subsidies and benefits. he told the russian people he will rebuild infrastructure. he can't do any of that he has to start cutting his budget. he has been very popular at the same time because he whipped them up into nationalist fervor. like a sugar high. how long can the sugar high last? at what point do the senior leadership say, the oligarchs you're destroying us. bill: in terms of nationalism he made the russian people feel good about being russian. >> absolutely. bill: what he said with regard to ukraine. they were in danger. we can not abandon them. russian people live there. he alluded to a year ago he was ready to put his nuclear forces on alert. this ukraine is tipping point for russia a>> i was in ukraine nine months ago. met ukrainians. talked to people in kiev. got an understanding of the situation, particularly when i came back and talked to russian officials in the united states. russia thought ukraine was their tipping point. putin changed his behavior after that. why? part was that russia always felt ukraine was part of russia. the other thing ukraine, if the ukrainian people can go to the streets we would rather be with the west and europe and america, than we would you russia that is a direct threat to putin. if it is can happen in kiev it could happen in moscow. putin was going to stand up for the russian right of crimea and for ukrainians. and he would blame america for it. they're convinced that the whole ukrainian movement was a c. ia plot. bill: you have a deadline of two weeks, with these iranian negotiations. where do you think vladmir putin is on the iran deal? what does he want from that? >> he wants a relationship with iran. and what he is seeing that the obama administration at all costs will get a deal with iran. russia historically has always been behind iran's nuclear program. putin is not happy about the iran and united states getting together but i'm really unhappy what i see is what is happening in eastern europe. that i'm not getting what i want in eastern europe. i think putin probably becomes very reckless in the next year. i don't think he will fill out his term by the way to 2018. i think there will be a palace coup of some sort in the middle. i think he becomes very reckless as he gets to the point of no return. he can't step back now. there is no reset with russia and vladmir putin. there is only, got to ante it up. got to continue the sugar high. bill: if a word he was seen today and he was healthy. >> yeah. we'll see what happens next week. bill: indeed we will. kt mcfarland here in new york. nice to see you. martha, what's next? martha: thanks, guys. a mid-air collision is now being investigated. two jets colliding during a practice run for an airshow. we'll show you the latest on that. bill: also these nuclear negotiations we mentioned back underway overseas amid growing concern back here at home. we'll tell you what that is all about next. >> why is he saying both to republicans and democrats, sit down and be quiet? i think because it is a bad deal. now with the xfinity tv go app, you can watch live tv anytime. it's never been easier with so many networks all in one place. get live tv whenever you want. the xfinity tv go app. now with live tv on the go. enjoy over wifi or on verizon wireless 4g lte. plus enjoy special savings when you purchase any new verizon wireless smartphone or tablet from comcast. visit comcast.com/wireless to learn more. bill: show you this fiery crash at an airshow. two planes of an acrobatic air team colliding in malaysia. apparently clipping wings. there in the spot shadow during a practice run of the crash sparked a huge fire as debris rained down. all four pilots ejecting pair shooting to safety. they're okay. no reports of any deaths or injuries on the ground. that airshow starts tomorrow in southeast asia. martha: an emergency being declared on a group of islands in the south pacific after a massive cyclone hit vanaut tough. at least six people were confirmed dead. there is so much we don't know. this is new video showing widespread destruction as people appeal for international happen. david piper live from bangkok, thailand. what can you tell us david? >> martha, aid agencies and rescue teams on the ground utter destruction across the vnauatu archipelago. cyclone pam was unexpect led off course and smashed into the island chain, leaving a wave of destruction right across the 60 odd islands there. trees everywhere have been uprooted. we estimate from what people are saying, 90% of the buildings there have been damaged. also some bridges are down. aid is finally getting through we understand. some australian and new zealand planes have arrived at the main island to distribute aid. there are 267,000 people on these islands. many of them in desperate straits at this time but the real concern at the moment is some of these outlying islands to the south which were in the eye of the storm. there is no communication to these islands at the time. some helicopters have gone out and seen some really bad destruction. we don't know if there have been more fatalities there or moving towards a much wide every program because of the state of those smaller communities out there, martha. >> david, thank you very much. stunning pictures. more as we get it. many thanks. bill: so the real estate heir, robert durst is back in jail and back in the headlines. new evidence in a cold case yet again is red hot. we will explain for you why. >> hillary clinton changing her story a bit. did she break the law? the judge is here with his latest take next. normally people wear pants. yeah that's why i'm hiding captain obvious. not very well. i found you immediately. you know what else is easy to find? a new hotel with the hotels.com app. i don't need a new hotel room, i just need to get back into this one. gary? it's wednesday gary! i know that janet! hotels.com is more helpful than janet. photos are great for capturing your world. and now they can transform it. with the new angie's list app, you can get projects done in a snap. take a photo of your project or just tell us what you need done and angie's list will find a top rated provider to do the job. start your project for free today. ♪ help join a continent with nearly 3 million rugged square miles with a single broadband connection. when emerson takes up the challenge it's never been done before simply becomes consider it solved. emerson. news alitter. real estate robert durst expected in court within the hour. he is under arrest in new orleans suspected in a los angeles murder from 15 years ago. welcome everybody. i am martha maccallum. >> and i am bill hemmer. we will soon know if durst is taken back to los angeles and this is coming after filming for a series on hbo. a letter was sent about the body matching the hand writing he was sent. durst was shown the letter during an interview and went to the bathroom with his mike on: >> kill them all of course. >> durst has been linked to three murder cases including the disappearance of his wife in 1982. he has defended himself in each case but this new recording could be a game-changer. >> i think it was show shocking to hear the admission in this private moment and the fact it was recorded because there has been a lot of talk in every case that bob has been associated with. but here you have him talking his own words. >> fascinating. rob wheeler former washington, d.c. homicide detective. good morning. good to have you here. what do you make of the confession? >> it is not the nail in the coffin a lot of people are calling it because there is an argument that there was a reasonable expectation of privacy when he went into the rest room regardless of what he said. because he said this microphone on him his attorney will argue whatever he said to himself should have been to himself. but i think the police in california have additional information, not just that statement but the envelope and other facts that go with it. i think it is substantiatel not not the nail on had head. >> he doesn't say i killed them. he said killed them. and he is erratic. he was caught shoplifting a sandwich and got picked up. and he dressed in women's clothes and tried to pass himself off as a mute cross dresser. he could say i was babbling and didn't mean that. i don't know if it will hold up. >> it could hold up. for a suspect to utter to himself he killed someone is not unusual. i have had cases where i had suspects utter to themselves they killed someone or this is it and the courts accepted it. even though it maybe considered hear say evidence this is an exception. i think this guy has a lot of other mental issues as well. >> it is pretty shocking they have not been able to tie evidence to him in the past. you look -- that is a picture of his life kathleen durst back in 1982. she is the first missing and he didn't declare her missing for five days. this is the los angeles case he is being picked up on. is he going to get extradited? >> he is not going to argue the charges. but i think his attorney files for dismissal based on the lack of evidence. what happened with the microphone situation is known as a spontaneous utter or a spontaneous confession we like to call it and that can be admitted in court depending on the nature of the circumstances. i think it will be interesting if not exciting to see how it plays out. >> his attorney told him not to do the series and it would be trouble for him and indeed it is but maybe he wanted to be in the news. >> he has some mental issues. >> the family is well known in new york because they own a lot of buildings including the freedom tower. but the family is trying to separate themselves and issued a statement suggesting he was guilty and had begin guilty in the past but the court will figure that out. latest rounds of nuclear talks with iran start in switzerland today john kerry sits down with leaders from the world. >> why is he saying to republicans and democrats sit down and be quite? i think it is because it is a bad deal that the president is so eager and desperate because of his legacy to get any deal he will sign a bad deal. >> byron york is here. bottom line on capital is what regarding this? >> the bottom line is the president's iran deal is in serious trouble. corker and menendez have been pushing for a bill that will require government approveal and the president said they will veto it. it looks like they are close to a veto-free decision and that would hurt the president. there is john kerry who take as shot at tom cotton and then cotton's response to that. watch both. >> i am not going to apologize for an unconstitutional and unthought out action by someone who has been in the senate for 60 days. that say just inappropriate. i will explain very clearly that congress does not have the right to change an exexecutive agreement. >> no regrets at all. >> the secretary with a strong statement statement. cotton argued he served in iraq and knows the most powerful ied's were backed by iran. >> you have seen democrats and the white house try to use the cotton letter to fan up resentiment along democrats in the senate showing republicans are acting in bad faith and don't support corker bill. but a lot of senate democrats say they disagree with the cotton letter but that is not changing they believe that congress should have a say so in the iran deal so support for the corker deal went up. one senator one democrat signed on after the letter. >> is that veto-proof? >> it takes 67 votes to override a presidential veto. there are 54 republicans looks like they have 11 democrats and they are two votes short of saying we have a majority to overturn your veto. >> if that is the case and you are at 65 and not 67 -- the president wins. but you believe this could backfire on the commander and chief? >> so far republicans have been able to enlist more and more democrats in this. if they get to 67 and have a veto-proof majority they can go to the president and say they are passing this bill and don't veto it because we will overturn you. it gives congress much more of a say in this. if the president thinks he can get by and have his veto stand and they can only get a failed attempt to overturn it that is different. but if they get that 67 it changes everything. >> biyron york, thank you. the federal government is hitting their legal debt limit tomorrow and lawmakers must take measures to barrow more money. mike emanual is live in washington. what do they plan to do this morning? >> congressional sources they say this isn't the real debt ceiling. they can stretch it out until october or november but the majority said they will tackle it along with another issue. >> i made it clear after the november election we will not shutdown the government or default on the national debt. we will figure a way to handle that and hopefully it might carry other important legislation we can agree on in connection connection. >> recently history suggests nothing is routine >> what is the obama administration saying? >> treasury secretary jack lewis is starting to hold off making investments in a pension fund for government employees. the secretary sent a letter on march 6th saying only congress is empowered to increase the nation's barrowing level and i hope they will do this krkt correctly and i them the to raise the limit as soon as possible. they are folked on the plans for the budget and the health care enforcement. ten minutes past the hour and a top democrat in the house saying the benghazi investigation is about one thing at the moment: >> the whole purpose of this committee is secretary clinton. it has long since been about anything else. >> he will talk to governor johnson about it. and the new poles that show marco rubio on top this time. plus this: wow. that is another tragedy on the tracks. this time a train plowing into a car with deadly consequences. the world is filled with air. but for people with copd sometimes breathing air can be difficult. if you have copd, ask your doctor about once-daily anoro ellipta. it helps people with copd breathe better for a full 24hours. anoro ellipta is the first fda-approved product containing two long-acting bronchodilators in one inhaler. anoro is not for asthma. anoro contains a type of medicine that increases risk of death in people with asthma. it is not known if this risk is increased in copd. anoro won't replace rescue inhalers for sudden copd symptoms and should not be used more than once a day. tell your doctor if you have a heart condition, or high blood pressure. tell your doctor if you have glaucoma, prostate or bladder problems, or problems passing urine as anoro may make these problems worse. call your doctor right away if you have worsened breathing chest pain, swelling of your mouth or tongue, problems urinating or eye problems including vision changes or eye pain while taking anoro. nothing can reverse copd. the world is filled with air and anoro is helping people with copd breath air better. get your first prescription free at anoro.com. about >> bill: sudoll dom -- saddam hussein's tomb was ruined over the weekend from the fighting. his body was put there in 2007 but the media reported the body was removed a year ago over fear it would be destroyed over the fighting. >> martha: top democrat serving on the benghazi committee is accusing the committee of using the investigation to go after hilary clinton. >> we would be where we were regardless of what secretary clinton did with her e-mail. they wanted to put off her testimony as far into the presidential cycle as possible. >> martha: normer new hampshire governor is here with us now. good morning, sir. good to have you on the program. >> happy monday. >> martha: you saw adam ship over the weekend. he is on the committee and makes a good point. >> of course not. >> martha: he said they want it to be coming at her during the campaign. >> what congressman ship for fp gets is it was secretary clinton and the democrats that stonewalled this from 2011-2012 during the campaign. this has been hanging on because the democrats have been avoiding the discussion of this benghazi problem for over a couple years. it is the dems that have been stalling it. >> martha: they would say there have been numerous investigations that have been open and close and that trayey gowdy is hanging on for political reasons. >> look it is interesting this committee, which was put together to investigate the state department run by secretary clinton, and their failure to provide security to ambassador stevens even after he begged and their failure to respond when the attack came on and them saying it was not a terrorist attack. these are three real questions that all of the democrats claim have been looked at have not been answered. and the answers are probably in the e-mails that were going back and forth from the state to apartment to the white house or the department to operatives within the state department during that difficult evening. that is what the committee would like to look at. >> martha: it looks like the clinton's want to get on with the campaign. they feel like they were flat-footed over the last couple weeks. how much do you think it will impact the campaign? >> i think they handed it badly and i am surprised. but the fact they brought out the landing davis and such is reminding people this is a campaign of the past. there was a tough letter in the new york city times and "time" magazine had a very unflattering cover. this is getting legs because people are realizing this is a real issue they violated a 2009 act and have ethical and legal problems involved. >> martha: the most interesting criticism is coming from lack of support from the white house. how much does that hurt? >> i think it has been reported the white house is part of the leak process undermining her. i think there is no question there is tension between the clinton and obama team. i think the obama team would like a more liberal candidate like the senator from massachusetts -- >> martha: elizabeth warren. >> warren seems to be the darling out there. she may find white house support quitely if not openly going to a more liberal candidate. >> martha: what do you think the odds are she runs or gets knocked out by someone like elizabeth warren? >> i think she is a realist and does understand politics well. president clinton is a great politician. i think they will draw down the yellow line and pluses on one side and the minus on the other side. i think the odds are up she will not run. i think it is 70-30 in favor of running but i don't think it is a slam dunk like most democrats wish it would be. >> martha: very interesting. always a pleasure to talk to you. >> bill: coming back whether she broke laws or not. the judge is on deck next on that. >> martha: and a fire breaks out at one of the world's most visited tour sites. we will show you where that is next. so what about that stock? sure thing, right? actually, knowing the kind of risk that you're comfortable with i'd steer clear. really? really. straight talk. now based on your strategy i do have some other thoughts... multiplied by 13,000 financial advisors it's a big deal. and it's how edward jones makes sense of investing. >> martha: well they knew it already put you can put it in the record books as winter for bostons. snow fall count is in and official measurement is 108.6 inches they have shovelled through a little over nine feet of the white stuff at logan airport breaking the record that was set nearly 20 years ago. friday's forecast they may get a new more inches. -- few-- >> bill: did hilary clinton's use of private e-mails and a private sever break the law? rand paul says that she signed a document saying all documents must be left behind before leaving >> we will see if she statement saying all records are left with the government and they have not taken anything. some people say is that really a law? it is perjury. >> we have judge here to analyze this. you have been active on this story. react to what he is saying there on perjury. >> i think senator paul is correct. if ms. clinton signed the two statements one upon entering the office agreeing she would preserve the records in government custody, and leaving the office the one which the senator referred to saying she had surrendered them to the government she didn't comply and that is perjury. and a government prosecutor would have to seek an indictment for it. but the evidence is there. the bases of the indictment is there. >> bill: shouldn't it be easy to determine? a week later it hasn't been proven she signed it? >> i am smiling because fox news under the freedom of information act filled a request for the copy of those documents to see if they exist and if ms. clinton signed it. >> bill: is that the big deal? is the big deal she signed this document or the big deal e-mails that were classified as evidence -- >> here is the big deal. the federal records act says all records, documents, photographs, e-mails that you deal with when you have in the government belong to the government. when you leave if you left behind things you believe are personal you ask the government to review them and give you that which is personal. ms. clinton turned that on her head by taking possession of everything and she is deciding what is personal. >> bill: does that go to the charge of consealment? >> yes. con sealing the documents from the government by a government employee is a felony. if the documents contained classified information that is the charge to which general patreus is about to plead to. >> bill: the federal records act that you mentioned it overseen by the archive people in washington and isn't it their job to determine if this should be pursued? >> he would present what evidence he has of violation to the justice department and the justice department decides whether or not to prosecute her. she will not be prosecuted without the agreement of the president of the united states. >> bill: that runs through the department of justice? >> yes, which is about to get a new attorney general. i don't think they will prosecute her because of who she is. but if they are fair and consistent -- they prosecuted a general, steven kemp, a cia agent who gave somebody's name in public. if they are consistent she would be charged. >> martha: robert durst is waiting for a judge to charge him after information about three cases he has been linked to. >> finding out if there is new evidence underneath the mutterings in the bathroom. will the new evidence be enough to convict him? >> bill: and the congressional investigation understoodway as benjamin netanyahu vases a presidential battle this week. ♪ help northern china reduce its reliance on coal fire heating plants and prevent 60 million tons of co2 emissions? when emerson takes up the challenge it's never been done before simply becomes consider it solved. emerson. >> martha: the dow is up 60 points and strength in the euro is the reason for the jump. we'll see how it fairs through the day but a nice start. >> bill: we are 30 minutes away from robert durst going before the judge arrested for a case in beverly hills. the arrest comes after hbo found a letter sent from the killer that matched the hand writing durst sent her before being killed. we have two attorneys here. he is in a bathroom wearing a microphone. it is caught not on camera but audio and this is how it went. roll it. >> there it is. you are caught. killed them all, of course. >> bill: is that admissible? >> i think it is. he is not being interrogated. they will argue the expectation of privacy but i think it is admissible. the potency of it i think people are too quick to jump on and say he confessed. i think it will be interesting to see what bob's talk is i think you should say he is being sarcastic and he is an film. >> bill: you are saying they could argue inconclusive. if he has a good attorney or he has in the past can he defend this? >> no i think they will have a difficult time. i agree it depends on the context of the statement and this was after he was con fronted with the envelope that cumected him to the crime. he admitted he wrote the one letter in the hbo special and that connected him to the letter sent to the police 12 years before with cadaver on it. it was in the context he knew he made a major mistake and the prosecutors will connect those events. >> bill: so the rest room is public. do you have a right to privacy in a public rest room? >> he was knew he was wearing the equipment so i don't think it is going anywhere. but the two letters i think are more important is what he is saying, and i agree, than the so-called so-called confession because hand writing experts looked at it. a little point like beverly long in two documents is very powerful. >> all along the prosecution knew if they would link him to los angeles in that letter they would have a solid case and he provided them with the data. investigatively speaking arrogance and vanity will get you in a prosecution. he should never have been on tv. >> bill: why do you think he did this? >> i cannot believe his lawyers told him to do this. >> bill: maybe he said he will do it anyway. >> he wanted to get through prosecution but also convince the court of public opinion. huge mistake. >> bill: were the producers working the investigators? >> i don't believe the investigators did that. i think they were watching carefully. >> bill: do we know that answer? >> we don't believe because they found out the information on behalf of watching the show. but if they were working together you might have suppression issues. >> you get people acting in a jail cell acting with a prosecutor who is an agent. >> bill: the family is very wealthy. $4 billion estimated worth. how do you -- this is the same man on the stand for four days in galveston texas and admitted he took the dead body of his neighbor cut it up threw it into the galveston bay and walked. how does that happen? >> i trained assistant prosecutors. the mere fact you have destruction of human remains doesn't mean you proved the person actually killed the person. >> bill: he argued self defense. >> and that was in the motive evidence he needed to tame take the guy out. >> in my view this is a jury dynamic thing. that was a 1-100. >> this time it will be a little different because you have direct concrete evidence of the letters. >> bill: we have the roll. thank you bob and doug. >> martha: there is talk about whether the white house is medaling in the israel elections. benjamin netanyahu facing big elections this week. there is a bipartisan investigation into obama administration funding of a non-profit group that is campaigning against the prime minister. doug mccowell is live in washington. >> reporter: this investigation is around the one voice movement. it was headed by a clinton administrative diplomat and it was written israeli's have grown leery of benjamin netanyahu and his excessive sky is falling news. the senate subcommittee is starting a bipartisan investigation into one voice and its use of $350,000 at a state department grant to openly campaign against benjamin netanyahu. an activity that might have violated tax-exempt status. the israel based 15 campaign is headed by a key obama strategy leader from 2012. he flew to israel after the president criticized the invitation of benjamin netflixanyahu netanyahu. >> the president refused to see him while here but sending people over to support the president. >> the u.s. taxpayers shouldn't be paying to oust the leader of closest ally. >> reporter: polls show a large amount of the israelis believe the united states is interfering with the election set for tomorrow. >> martha: this isn't the first time this organization is accused of using taxpayer's money for something that is nefarious. >> that is right. the state department leader was asked about this in january saying the grant ended in 2014 before the israeli elections were setup. >> this ended before there was an israel election declared. we have seen the media reports but the embassy didn't provide support funds, or direction to the group. >> reporter: people say this makes the obama administration seem critical because they accuseacous accuse of the republicans of trying to interfear with the election. >> bill: and why marco rubio is rising to represent the republicans. we will have more on that. and this video which is graphic. >> martha: horrific sight. the car got in the way of the speeding train. we will tell you about what when we come back. @e8ñúñ÷@@@0@ú >> bill: chilling video of a car and train crash. i want to warn you this video is tough to watch. two people were killed. two others in critical condition and police say the car ran a signal and crossed into the train's path. witness say the car was push ad mile down tracks. the cause of the crash is under investigation. >> martha: well maybe a little momentum building for florida senator marco rubio. take a look at this new poll of potential 2016 candidates. marco rubio is leading with 56% of primary voters saying interesting wording that you could see yourself voting for him. 56% say yeah i could see myself voting for marco rubio but the other potential candidates not too far off. you can see the list there. let's bring in ed rollins, former campaign manager and advisor to reagan and joe trippi as well. good to have you here. you say the wording is significant in this poll? >> it is a small poll. wall street journal does great polls but it is small sample size. instead of saying are you for it is could you see yourself supporting. most republicans would support one of the candidates we have. i don't think he is the front runner but i think at this point a long ways before people say that is my candidate and i will go out and support him and raise money and things like organization and money matter. >> martha: looking at the republican field, chris christie didn't do well in who could consider voting for him. 57% said no. how big of a deal is that? >> it is significant. one of the things you look at is particularly this early on if people won't consider you that is a problem especially in a multi field like this. he has high numbers on i will not look and low numbers on i will look at so that is a problem. from a democratic view you are worried if you see someone that can appeal to the tea party conservatives and mainstream or establishment republicans. so the more someone like marco rubio has a larger group of republicans willing to consider him that says to me these people at the top -- him, jeb bush huckabee -- that present more of a problem. >> marco rubio as the florida issue and jeb bush is a close neighbor and they would be vying for the same money. >> as jeb moved forward and started raising awareness sums of money and tying down operatives marco rubio has very much caught fire with his message. he is a strong communicator. he is young and sharp. and i think in view of bush's great effort for marco rubio to move ahead is monumental and i think he will be a serious candidate. >> martha: joe, let's talk about the other side. jim web making noises about joining the race. it has to be encouraging to people who thought there was no contest and this e-mail controversy means they be there is. >> i have always thought there would be people entering the campaign on the democratic side. jim web has been looking at it for a while and i would expect him and former governor o'malley of maryland who i believe is in. it is too early to tell if anybody else is getting in. but web looks like he is making more concrete steps to enter the race. >> martha: we will see. thanks you guys. always good to check in with you. >> bill: here is jon scott on a monday morning. >> good morning to you. there is a new wrinkle in the hilary clinton e-mail controversy. the changing tune from one of her top aids. and vladimer putin resurfaces in public and comes in with a gang kicking off war games in the arctic. and why saudi arabia is very concerned about the iran talks? the confession from millionaire real estate air robert durst that is causing a stir. and is cia money ending up in the hands of al-qaeda? we will get into that. >> bill: what the administration plans to do if the supreme court overturns obamacare. now? can i at least put my shoes on? if your bladder is calling the shots ... you may have a medical condition called overactive bladder ... ...or oab you've got to be kidding me. i've had enough! it's time to talk to the doctor. ask your doctor how myrbetriq may help treat... ...oab symptoms of urgency frequency, and leakage. which may mean fewer trips to the bathroom. myrbetriq (mirabegron) may increase your blood pressure. myrbetriq may increase your chances... ...of not being able to empty your bladder. tell your doctor right away if you have... ...trouble emptying your bladder or have a weak urine stream. myrbetriq may affect... ...or be affected by other medications... ...so tell your doctor about all the medicines you take. before taking myrbetriq, tell your doctor if you have liver or kidney problems. common side effects include increased blood pressure, common cold symptoms, urinary tract infection, and headache. take charge by talking to your doctor about your oab symptoms and myrbetriq. find out if you can get your first prescription at no cost by visiting myrbetriq.com now with the xfinity tv go app, you can watch live tv anytime. it's never been easier with so many networks all in one place. get live tv whenever you want. the xfinity tv go app. now with live tv on the go. enjoy over wifi or on verizon wireless 4g lte. plus enjoy special savings when you purchase any new verizon wireless smartphone or tablet from comcast. visit comcast.com/wireless to learn more. >> martha: one of moscow's most poplar tourist site broke out in fire. the tower was undergoing conduction construction. some of the most famous leaders in the country are buried there. >> bill: the white house is saying they don't have a backup plan if the supreme court rules against the subsidies on obamacare. but there are reports they do and don't want people to know. melissa francis is here. we heard they are working on plan b to keep the subsidies in tact for millions. the question on the line is if the subsidies are legal or not. >> it is true. the white house saying they have note backup plan is hard to believe. we are talking about a ton of money here. i think one of the plans is the states can say they have subcontracted out their exchanges to the fed and that is how they try to get past it. we are taking this thing and paying the feds to go out and create this exchange for us. it is a little tricky in the language and i am not a lawyer but i think there is probably a way to get the and leave things in tact but again -- >> bill: for a period of time right? and some believe the white house doesn't have a plan but is trying to crank up the justice. whatever the truth is you know money and this is a lot of money. >> it is a ton of money. it is hard to say how many people are getting subsidies but on a state-by-state bases in florida, alone half a billion a month that is going into subsidies. texas is a quarter of a billion a month in subsidies going out in that state. this is the money that would be cut off instantly by the supreme court decision. with so many things in jeopardy you have to think the white house and i think republicans have a backup plan of not letting this whole thing fall into chaos. >> bill: there are reports suggesting there is a plan-b. it would only be smart politics to have a backup. it would give washington credit? >> the comment is republicans want to let things fall into the death spiral and i don't think that is the case. >> bill: see you at 2 o'clock for fox business. >> martha: this bizarre story of robert durst leading to another courtroom appear in seconds. we will take you live there after the break. ♪ martha: that is pretty cool. that is something i've never seen before. most tend to avoid icebergs. pro wake skater brian grub, weaving in and around the icebergs in cape cod. what a beautiful sight that is. using large chunks of ice as makeshift ramps hitting them at high speed pulled along by a boat. that is what we do all the time. those red bull guys have a good time. bill: nice. maybe you see that cat on "america's newsroom." martha: maybe you will. they like to come by. villanova wins i should get eight to one. i should get $80 if they win and you get your $10 if kentucky wins. bill: i get fun bucks, you get 80? martha: if they win. my team is 8-1 and yours is even money. bill: let me think about that i'm giving you 63 schools. i'm giving you one. martha: i want one. we'll donate it. bill: donate it to the maccallum clan. "happening now" starts right now. >> start off with a fox news alert. heir to multibillion-dollar real estate fortune appears in court i'm jenna lee. jon: i'm jon scott. robert durst was taken into custody in new orleans for the murder of his friend susan berman 15 years ago in los angeles. this comes a shocking admission by the 71-year-old in a hbo documentary series on his connection to two unsolved crimes, the disappearance of his wife and killing of berman. he admit toddies posing of a man's body. john roberts joi