Transcripts For FOXNEWSW Happening Now 20140227

jenna: start with some politics now. brand new polling on the all-important midterm elections. hi, everybody. hope you're off to great day so far. i'm jenna lee. jon: i'm jon scott. control of congress as you know be for grabs come november. days before the first primaries new polls suggest republicans are in a stronger position than the democrats and the president has a lot to do with those numbers a "cbs/new york times poll" showing 59% of those surveyed are disappointed with the obama presidency so far compared with only 40% say they are satisfied. when it comes to the job the president is doing. only 41% approve. 51% disapprove. all that could be translating into support for the gop with the poll finding in house races republicans have a slight edge, 42% saying they would vote for the gop candidate. 39% would support the democrat. joining us now, nina easton, senior editor and washington columnist at "fortune" magazine and also a fox news contributor. ron fournier, senior political columnist and political director from the "national journal." welcome to both of you. nina, slight edge for the gop. as you point out it is essentially the margin of error. essentially could be a tie. >> it's a within the margin of error. it is a slight edge. it is better than the republicans were doing last fall, for example, after the firtation with the government shutdown the party was at its lowest approval rating in history. so obamacare and the president's low ratings have brought republicans back to a stronger level. midterm elections, in in case are heavily tied to where a president's standing is. also the republicans have a number of really good paths to get those six seats they need in the senate. jon: yeah. ron, what you think about the rebound from last fall after the government shutdown, people were really angry and really taking it out on republicans. they do seem have rebounded. is it all because of obamacare? >> yeah, i don't know if the republicans have rebounded as much as nina suggested. this is all about six year, in the midterms of the president's second term. it is all about where the president stands and he is not doing well. if you look beyond the approval number which is pitiful, 40, 41%, most of the fact most of his loss is among independent voters. most of those independent voters are white and young, under 45 years old. why is that important? he needs those voters specifically to have any success with the obamacare, which not coincidentally, is the biggest issue in the midterms and could be the thing that republicans use to galvanize the election. i would much rather -- jon: go ahead. >> go ahead. no, i would much rather be the republicans right now than the democrats. they do have a very good chance now i think for a number about reasons for reclaiming the senate in addition to holding on to the house. jon: nina, how far they have come since the government shutdown despite the fact this is a party that isn't necessarily in agreement on, you know, tea party conservatives. you know, the whole thing that led to the government shutdown. do you defund obamacare? there are a lot of disagreements within the republican party but they are on this generic ballot at least, out ahead of democrats. >> yeah. one thing in the poll -- jon: go ahead, nina. >> sorry. one of the things this poll i think shows is that obama's problems are largely papering over a lot of problems the republicans still have long term. 42% of republicans are worried about the future of their party. you've got these strong divisions within the party, largely on age lines. so you've got a majority of republicans under 45 support same-sex marriage, even though the party overall doesn't. so you've got these divisions i think that the party is really wrestling with as it looks to the future. jon: ron, 63% of those in this poll responding say that they think the country is on the wrong track. that is always a pivotal number in these polls, isn't it? that is about as bad as it gets in terms of the people's optimism or pessimism about the direction we're in. >> a couple of more numbers. almost0% fear about the country's future, think we're headed in the wrong direction, as far as when you look over the landscape and one out of three are actually angry about where we are right now as a country. you know that is going to hurt the party in power midterm election. that is the weight mainly on the president's shoulders and his party. jon: nina, all these pessimistic polls, is that why the president is trying to push things like expanding the minimum wage for instance, raising the minimum wage because it's an issue that doesn't mention, doesn't touch on obamacare? >> well, minimum wage, raising the minimum wage is again as this poll confirms is very popular with the american public. so yes, change the subject away from obamacare. you've got about 41% of the population wanting a full repeal of obamacare which pretty much stays. it hasn't changed a lot. and then you have, and then you have i think about half of americans want a change in obamacare, at least some kind of a change. they see some positive but they want a change. it is a problematic issue. minimum wage however, is just overall just popular and a good subject for the white house to turn to. jon: then, ron, there is that number, 59% of americans disappointed in barack obama's presidency. think back to when he was inaugurated. the wave of support and people feeling like we really turn ad corner this country. it really was an era when hope and change seemed to be in the air. now 59% disappointment. how does he turn that around? >> well he doesn't. he is a cap taif now of the town that he promised to change and that is reflected in his numbers. part of this isn't a surprise. we knew it would happen. it does in the midterms of president in second terms t happened to past presidents, including bill clinton, for example. i think it is interesting obamacare actually cuts both ways. it is issue that will motivated the republican base a great deal. it is also motivating the democratic base. it is very well thought of and very supported among the democratic party base. it would be guess whose base is more motivate? if i had to guess the anger on the right will be more than the support on the left. jon: ron fournier, nina easton, thank you both. >> thank you. >> thank you. jenna: we'll take you now live to the white house. the first lady gets ready to announce a proposal by the fda to make major changes to the nutrition fact labels on all packaged foods of the you see secretary sebelius up there talking about this announcement today. elizabeth prann is live with more. we're waiting on word from the white house. what can we expect. >> reporter: we expect to hear from the first lady like you said who will formally announcing label changes. it will however not happen overnight, could be some time, even years before we see the gradual change. there are about 700,000 products that need to be updated. some of the more significant examples we'll see are the calorie font size and accurate representation of the serving size as well as added sugars and certain vitamin content. you will be able to see the number of calories pretty clearly on the side of a box or bottle t you can see an example there. the food and drug administration says the servings right now are misleading. fatwas the focus when labels were designed 20 years ago. the science shifted and focus is calories and serving sizes. you can see clearly the amount of added sugars. many experts say the sugar calories decrease the nutrient value of foods. first lady obama is focusing on one of these initiatives in her let's move campaign. >> folks are thinking about what they eat and how active they are. so they are scrutinizing labels. they're asking questions. they are changing what they feed their families. >> reporter: jenna, let's say you have a soda bottle in the future. you will see the entire calorie content and not broken down into servings so no math needed. >> that is helpful, if you're on the run. who weighed in on these changes so far? >> reporter: we most recently heard from the grocery manufacturers association. they said they do look forward to working with the fda, adding any changes should be based on the most current and reliable science. let's talk about the price tag because it is pretty large. one administration official estimates that the relabeling could cost the industry $2 billion. that being said, officials say it will result anywhere between 20 and $30 billion in health care savings over the next 20 years. jenna, back to you. >> let debate begin about all of this. elizabeth, thank you so much. >> reporter: thanks. jon: loud cheers erupting yesterday after governor jan brewer's veto of a arizona senate bill 1062, a bill detractors say would allow business owners to refuse to serve gay people on business ground. claudia cowan live with the latest from phoenix. claudia. >> reporter: well, jon, while gay rights groups and many in the business community are celebrating yesterday's veto supporters of the so-called right to refuse bill are calling this a sad day for the grand canyon state. the center for arizona policy saying quote, sb 1062 passed the legislature for one reason only. to guaranty that all arizonans would be free to live and work according to their faith. opponents were desperate to distort this bill rather than debate the merits. critics called the measure a license to discriminate. it would have provided legal protection to business owners with strong religious beliefs who refuse to serve or do business with certain customers. many feared the proposed law would have devastated arizona's economy. >> i'm glad she vetoed it. it is just going to show arizona is open for business to everyone. we love everyone. we invite everyone. please come, please visit our state. >> celebrating that the gay community can have our freedom to go wherever we want and enjoy ourselves. >> reporter: governor brewer vetoed sb 1062 late yesterday, deciding that the measure was divisive solution to a problem that didn't exist and denied she caved to cultural bullies. >> as with every proposal that reaches my desk i give great concern and careful evaluation into and deliberate consideration and especially to senate bill 1062. i call them like i see them. despite the cheers or the boos from the crowd. >> reporter: her decision to veto is now being praised by political leaders across the board from senator john mccain to hillary clinton. and jon, the next challenge facing governor brewer, quieting the emotional uproar over this controversial bill that has once again put arizona in the national spotlight. jon: claudia cowan there in phoenix, keeping an eye on that. thank you. jenna: from arizona, take you overseas where tensions boil over in ukraine and could push the region to the brink of the civil war. with russia announcing sending fighter jets to patrol the border with ukraine. amid word that ukraine's fugitive ex-president is in a southern russian city and will hold a news conference there tomorrow. in the meantime pro-russian gunmen stormed government offices in ukraine's crimea region. all this as ukraine works to set up an interim government in the country that's deeply divided right now between loyalties to the west and loyalties to russia. our defense secretary chuck hagel urging russia to act cautiously, that the u.s. strongly supports ukraine's territorial integrity. we'll watch the story. jon: new he will developments in the social eight murder trial. pamela phillips charged with a plotting a car bombing that killed her husband. coming up, an emotional breakdown in court. remember the anti-muslim filmed once blamed for the deadly terror attacks in benghazi, sparking them? a judge orders them pulled from the internet. the stunning reason why. jenna: welcome back, everyone. a federal appeals court ordering youtube to take down a film from its website over a copyright complaint. it is not just any film. it is the same film the white house originally blamed for sparking the deadly attack on our consulate in benghazi. william la jeunesse live in our l.a. newsroom with more on this. william? >> reporter: jenna, of course that claim by the white house was untrue but now the film president obama wanted off the internet is gone. not because it is anti-muslim but because it violated the rights of an actress. cindy lee garcia, never told her the script entitled desert warrior, was a film about muslims. after it was done her voice was dubbed over and to depict mohammed as a womanizer around renameds "the innocence of muslims." she was duped that she found abhor epand subjected to death threats. despite this google refused to remove the film from youtube. now under court order it has. >> i'm very thankful for the '90 district court. they really spent their time, took their time to come up with a justice worked and prevailed for me. that is all i can say. >> reporter: now at the time u.n. ambassador susan rice claimed the attack on the consulate in benghazi was a reaction to this film. that was absolutely not true, but it made for a good sorry. it is true that in other parts of the middle east the anti-muslim film did spark violence but to have said that this led to the death of four americans is contrary to the intelligence and what eyes on the ground told their superiors. the bottom line, it says if garcia had read a script for the "sound of music" and the movie turned out to be texas chainsaw massacre. but that misrepresentation, the judges ruled, infringed on her rights. scholars say this is a stunning decision and they worry it will allow actors and others to use copyright to censor free speech. back to you. jenna: interesting, william, thank you. jon: a convenience store robbery caught on camera. how the armed robber gets strong armed by someone cops call a hero. also how america's leading from behind can contribute to worldwide chaos. "the wall street journal" daniel henninger has some thoughts on that. he is here to share them with us next. jenna: turning to the economy now, new numbers just released today. fewer durable manufactured goods were ordered in january. these are big-ticket items, big economic growth reading if you will. the commerce department reporting that orders fell 1% in january from december. also the labor department today as it does every thursday out with some new unemployment numbers, reporting that 348,000 americans applied for jobless benefits last week. that's up from the week before. but it is not only americans who are impacted by these numbers. the global economy is affected by u.s. growth. dan henninger commenting on this in "the wall street journal" today in his column saying quote, if the american economic engine slows permanently to about 12% you will see more fires around the world like ukraine and venezuela. at the margin the world's weakest, most misgoverned countries will pop and violently of the he is our guest now, dan henninger, deputy editorial page editor for "the wall street journal" interesting connection you make between our economic growth and some of the violence you see overseas. what is the connection? >> jenna, for entire postwar period after world war ii until recently the united states has always been literally called the engine of the world economy. the united states grows strongly and it pulls the rest of the world. we're not an island. the world is more interconnected than ever, and the united states is currently growing at about 2%. historic average is well over 3%. that's a huge difference in terms of economic growth. jenna: let's concentrate on that. you think two to 3%, difference of one percentage point, how big of a deal can it be? >> that is 100 basis points. it's a huge difference. jobs get created, businesses grow and the congressional budget has said that they think the united states will grow at 2% for the next 10 years which they called, much slower than we have grown since 1950. that's going to affect economies all over the world. and in those that are beginning to emerge like ukraine, like egypt, and venezuela we live in a world now where people are aware that they're going know where and the rest of the world is growing and they get very angry about that. jenna: that is one of the things you talk about in your peace, economic hopelessness. is really at heart of some things we're seeing from cairo to kiev but how is that our responsibility? meaning how does what we do here change what someone thinks about or feels in kiev, ukraine, for example? >> if the united states economy grows at a very strong rate, over 3%, new jobs are being created here, new businesses, a lot of that will translate into economic activity in the rest of the world. and i think tat what you're talking about is countries like the, egypt, 40% unemployment among young people. that is tremendous number. they have no jobs. if they have no jobs they're sitting there getting angry. when they get angry they will start shooting and hitting somebody. i'm suggesting if the united states doesn't do whatever it needs to do get its economy back up to the postwar level, we'll end up with boots on the ground somewhere else in the world as the fires start burning again. jenna: you mentioned egypt with its high youth unemployment. if you look at places like spain, youth unemployment is over 50%. it is over 25% in france. even here at home, youth unemployment is above 13%. these are really high numbers. i guess the question becomes, dan, what do you do to change that and what, is there one thing we can do, two things, what do we do to make sure this not only prospects overseas and here at home but the american dream is also something that aspires? >> what we mainly have to do is incentivize the best economic players in the u.s. economy and i think what congressman dave camp, the head of ways and means committee has done this week proposing tax reform to simplify the tax code, reduce rates, reduce the corporate rate from 35 to 25% is really the sort of thing we need to do to energize the participants in the u.s. economy. right now they're sitting on their hands. there is over a trillion, maybe $3 trillion in corporate assets not being deployed. there are $2 trillion in corporate assets parked overseas because they don't want to be taxed. the camp plan would cause most of that to come back to the united states and be deployed here. that is the sort of thing we should be doing. jenna: he announced his plan, if you will in the "wall street journal" yesterday in an article. i believe he will be speaking to neil cavuto later today. it will be interesting to hear from him. what do you think the prospects are? we heard tax reform before. what do you think really are the chances what he does actually turns into some change, real change? >> i think because of president obama's attitude towards taxes, there is very little prospect. you need a president to participate in a tax reform, if it is going to happen and, mr. obama's idea is simply to tax some corporate loopholes and so forth and take some of that money and transform it back into something like this plan he announced this week to pour $300 billion worth of concrete into american highways. i mean, i just don't think something like pouring $300 billion worth of cement is what the united states economy need to grow. so if the president doesn't play it will be very pardon for tax reform to move forward. jenna: always great to have you on the program, jon? jon: dominican republic, long nonas a popular vacation destination but now home to a major medical facility, a robotic surgical institute and there is a fox connection to it. we're live to tell you more. plus hillary clinton making a major speech talking about her vision for the country. any hints in there about her plans for 2016? we'll go in depth. [ male announcer ] this is the age of knowing what you're made of. why let erectile dysfunction get in your way? talk to your doctor about viagra. ask if your heart is healthy enough for sex. do not take viagra if you take nitrates for est pain; it may cause an unsafe drop in blood pressure. side effects include adache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lastg more than four hours. stop taking vira and call youroctor right away if you experience a sudden decase or los in vision or hearing. this is the age of taking action. viagra. talk to your doctor. jenna: right now a look what is still to come this hour of "happening now." she's not a candidate yet but hillary clinton revealing what could be a major theme of a possible presidential campaign. also a convenience store clerk goes after an armed robber, good versus bad here, right? you won't believe how the clerk got the gun away. we'll show you the full video. wow. remembering the host of "the dating game" as we look back at the career of jim lang. that story coming up. jon: she has not announced her decision of running for president in 2016 but hillary clinton gave as you look what might be her core theme for the campaign n a speech last night in florida she framed argument for inclusion and equality while recalling a formative experience of her youth when she went to hear the reverend dr. martin luther king , jr., speak. >> a great privilege of a young woman was going to hear dr. martin luther king speak. as this preacher challenged us to the participate in the cause of justice, not to slumber while the world changed around us. that made such an impression on me. jon: joining us now, angela mcglowan, fox news political analyst. angela, did you hear anything in this speech that sounded like a predentialal speech, or is this a former first lady and former secretary of state kind of making the round? >> it is no question in my mind hillary does not want to add president to her resume' but the bottom line is this, jon. i believe she wants to be president she is not a sure win for the democratic party. there are two things that stand in her way. benghazi, and maybe biden. inside the beltway the scuttlebutt if biden announces he is running president obama will endorse him. jon: oh, okay. and he is obviously been making some noises. that appearance on "the tonight show." >> yes. jon: that was pretty suggestive of a presidential ambition in our vice president's head. >> the comedian who sat next to him to played hillary on "saturday night live," said her plan is to run for the presidency. no coincidence, that hillary clinton chose florida, a very important state in the electoral college as one of her premier speeches. as for inclusion and equality, isn't that the liberal mantra? they have utilized that statement, that theme and they have beat it to death to actually get out the black vote, hispanic vote, women around she said it is time to bring the poor the women and also the young into the political debate. jon: well, also not lost on us, that she was, you know, citing the memory of dr. martin luther king, jr. as part of this speech. i mean obviously that is going to be a key constituency if she is to announce her candidate, her candidacy in 2016. the black vote is going to be pivotal in any aspirations she might have to the white house. >> the black vote, the hispanic vote. you know president obama won by getting young adult vote but all of those audiences, the populist by this name, all have been hurt the most by liberal policies. whether it is hillary, whether it is biden, i do believe in 2016 you have a republican in the white house. people want true change. not the change and hope president obama promised us. they want a leader to bring solutions and results. people are tired of promises. the fact we have anemic economy and sentiment in washington, d.c. is so dysfunctional and i believe be republicans will take over the house and senate during the midterm election and republican will win the white house. jon: as you heard time and time again, the president talks about gridlock in washington he blames it on the republicans and especially the house of representatives. >> he does, you know what, jon? the independents, the swing vote will be the deciding factor in this election and independents want results. they want solutions. you can blame, you can talk about inequality. you can talk about inclusion but the bottom line is people want results. and we've had an anemic economy, job loss. people have lost their homes. and many promise that is have not been pull filled. president obama said he would change washington, d.c. as we know it. transparency and accountability and with hillary clinton being the former secretary of state, we have the benghazi scandal. i think she can't run away from that. jon: very quickly back to your first answer, you said benghazi and biden could stand in the way of a hillary candidacy. every poll i have seen on the democratic side suggests that democratic voters and make voters as a whole, nationwide polls prefer hillary as the democratic standard-bearer over joe biden. >> well, joe biden hasn't announced yet. if president obama endorses him, we all know that the president is still popular with the liberal base and he is one heck of a fund-raiser. so i think that it might be 2008 all over again, if biden announces. it will be hillary and barack obama once again. jon: it would be interesting to see which, which side he takes in that matchup. angela mclewen, thank you. >> thank you. jenna: major medical advancement for the dominican republic. their president unveiling the first robotic surgical institute in the caribbean country which is becoming a destination for more than just his speeches. the center inside of santiago is dedicated to prostate surgery and member of fox news medical a-team, dr. david samadi. we have another member here, dr. siegel with us. and to explain why this is happening and why in the caribbean, doctor. >> the new david samadi robotic institute comes at a time when medical tourism sin creasingly popular. close to a million americans per year already seek health care outside of the u.s. the caribbean is the new hot spot, known for high quality, increasingly low-cost procedures. in some cases patients can save up to 75% of what they would pay here in the states. of course you can't beat the beautiful surroundings. the dominican republic has long been a tourist destination for inexpensive plastic surgery, dental procedures. you can add to that the state-of-the-art da vinci robot which is like an avatar where the surgeon uses precision robotic arms to perform dell democrat procedures. >> going to change the lives of many, many people out there and to be part of the first robotic institute in the caribbean is a huge blessing and for the humanitarian part, it is a greatest step and for us to be part of this, we're very proud. >> you know, jenna, the institute there is actually going to do several different kinds of surgeries. it is going to do prostate, euro logic and general surgery and gain cologic. jenna. jenna: what is involved in the surgery when we're saying it is robotic, dr. siegel. >> a minimum amount of blood loss. as i mentioned it's a avatar where literally the robot arms come into the play and go right into the field. it is precise around very, very delicate. we actually spoke to the head of the hospital down there about this exact procedure. let's have a look. >> translator: big decisions have transformed into small decisions i like to say, with less trauma. less trauma facilitates a amazing recovery of the sick. >> where mo and more regulations and restrictions coming here in the united states, you might imagine that a lot of patients are traveling to the caribbean and other areas to try to get procedures like this done. this will be state-of-the-art with dr. samadi and other that is he trains at the controls. jenna? jenna: fascinating. dr. siegel, thank you so much. >> thank you so much. jon: all right, college students, you want to launch your career with fox news channel? here is your chance, with the 2014 news college challenge. the digital deadline to enter submissions, monday, march 3rd. mail-in submissions must be postmarked by wednesday march 5th. produce a standout, 1 1/2 to three-minute package video for a chance to win $10,000 in cash and a trip to new york city. the 2013 winners of the fox news college challenge came from hofstra university. jenna: 10,000 dollars? jon: yeah. scholarship money i believe it is. jenna: not for like spring break or something like that? jon: no. you can't go spend it in the jenna: i was curious. jon: just help paying for college. jenna: we've seen really interesting stories that the college students do. we're looking for that so send them in. the latest in the socialite murder trial. fam la phillips charged with plotting her ex-husband's death. the emotional testimony from the victim's niece next. don't mess with this guy. a store robbery smackdown that would make a pro-wrestler proud. jon: an attempt at a convenience store robbery caught on camera in california. take a look at the surveillance video. a store employee finishing up his work when a guy walks in an points a gun at the cashier. he wants money of course. so watch. a clerk then grabs the gunman's arm and twists it. customers, get out of the way. bam, body slams the bad guy. police arrested the gunman. they said the store employee is a hero. but they cautioned that they advise confronting anybody with a gun. jenna: good when the good guys win. jon: want to see that happen. jenna: the socialite murder trial heating up. pamela phillips charged with the plotting the murder of her ex-husband, gary triano. prosecutors say she wanted his $2 million life insurance to keep up a very lavish lifestyle and she hired a hit man to plant a bomb inside her ex-husband's car. the niece took the stand and talked about the surprise party planned for him the night he died. >> was there an event you were supposed to go to? >> his surprise birthday party. >> it was a surprise birthday party? >> yeah. >> and that was something that was planned for that friday evening? >> yes. >> do you know if your uncle gary --, you said surprise, did you know if he knew it was actually happening or not? >> no, i don't believe that he knew. jenna: bring in the legal panel today, heather hanson, trial attorney and phil snyder, criminal defense attorney. nice to have you both with us as we continue to follow the play-by-play of the trial. heather, we'll hear from another family member today, potentially gary triano's daughter. what is the prosecution doing here having all the relatives to testify? >> the daughter will be important and awarded a wrongful death suit against phillips and will be awarded any money if phillips gets any money. she will have a lot of animosity when you see her testify today. jenna: phil, knowing that, you're a criminal against guy. how would you prepare for that testimony today? >> a lot of the her testimony has much to do about nothing. all they're doing they're saying there was a note inside of ron young's vehicle and that note somehow links pamela phillips in the murder. they're building the background, setting the terrible but in the end there is really no substantive evidence that they're presenting that links her specifically to the murder of her husband. jenna: some of our viewers may not know who ron young is. ron young is the man convicted of the murder of gary triano. he is currently behind bars. heather an important point here, though, what will the jury know about ron young? >> well, while the jury, and jury panel they were talking to the jury panel they were told ron young was convicted for the murder but they're supposed to put that out of their mind. we ask jurors to do that all the time. we ask them to forget things like that and put aside sympathy. it is a really difficult thing to do. it will be very hard for this jury to forget this person is convicted of this murder. jenna: that is one of the strategy points for the defense as well, phil. they're trying to say, listen, not only was pamela phillips not involved in this murder but maybe ron young didn't even do it. maybe somebody else did it. that is what the defense wants to do. what do you think about that strategy. >> absolutely. this is a great defense. this insurance policy is $2 million. $2 million in aspen buys you hamburger and fries and maybe small condo. this individual had many people that wanted him debt including mafia ties and other debts. there are other people that had motivation to kill him. i think the defense will focus on that, yes, the one possible suspect but there are many other suspect that is could be responsible for his death. jon: heather, we're seeing pamela phillips on the screen. she was arrested overseas in europe and in a luxury hotel arrested some years after the murder, the alleged murder of her ex-husband. now, there has been at love time the prosecution spent on describing that she is a money-strapped, money in-, money-grubbing woman. have they been successful she hated her ex-husband or so angry or so wanted the money she was willing to kill him? >> no, and i agree with phil. that is all they have. all that they have is motive. even the motive is a stretch. $2 million life insurance policy is a stretch. that is why they're so hard trying to make the jury dislike her. they're only calling 33 witnesses while the defense is calling 103. that is unusual. it shows where the defense is trying to instill reasonable doubt with every witness. jenna: phil, talk to us about that. that must be a strategy as well as heather is bringing up. more than 100 witnesses? >> of course they will paint her as wonderful caring mother, by the way the defense is that these insurance policies is obtained that is quite common for individual to have support obligations owing from al money and child support to continue to pay a life insurance policy they will paint her as nice, loving, caring woman where she had no motivation to kill her husband whereas other individuals had motivation to kill her husband. jenna: she was paying life insurance policy throughout the years. that is one of the things the prosecution says for wanting the payout eventually. great to see you both. thank you so much. >> great to see you, jenna. jon: a fox news alert and the attorney general of the united states is in the hospital right now, taken there this morning after experiencing symptoms like faintness and shortness of breath. director of public affairs, the spokesman said, during his regular morning meeting with senior staff the attorney general began experiencing symptoms, including faintness and shortness of breath, as a precaution the attorney general was taken to med star washington hospital center to undergo further valuation. he is currently resting comfortably and in good condition. he is alert and converse with his doctors. additional information will be provided as it becomes available. obviously no information available to us at this moment. but eric holder, the attorney general of the united states, hospitalized after that episode this morning. we'll keep you updated. also we have the latest on the sad passing of a television icon. "dating game" host jim lange. captain obvious: i'm in a hotel. and a hotel is the perfect place to talk to you about hotels. all-you-can-eat is a hotel policy that allows you to eat all that you can. the hotel gym is short for gymnasium. the hotel pool is usually filled with water. and the best dot com for booking hotels, is hotels.com. it's on the internet, but you probably knew that. or maybe not, i don't really know you. bellman: welcome back, captain obvious. captain obvious: yes i am. all those words are spelled correctly. jon: trip down television memory lane now. jim lange, best known for hosting "the dating game", has died after suffering a heart attack. he was1 years old. the dating game debuted in 19656789 lange entertained audience on that program more than a decade. here with more, julie banderas with the fox 411. >> i really loved this now which have the modern day bachelor but nothing compared to the "dating game." remember this game. first host jim lange died on the home in mill valley, california, after suffering a heart attack. his wife nancy told us about it yesterday. he remained with the show more than a decade, charming the audience with that gracious smile. it was clear he loved what he did. uniting singles on a dating show that became a huge hit. the show's format include ad young man or woman who questioned three members of the opposite sex hidden from them, and they would determine who would make the best date based on their answers. the questions written by a team of writers hoping to stir up amusing answers. lange also welcomed several celebrity guests who appeared as contestants on the show, steve martin, arnold schwarzenegger and teenage michael jackson 1972. when jackson was on, he asked a girl, i never been out on a date before. what do you think two kid like us do on a date. the girl answered we would have fun, go out to dinner and i would go over to your house. lange also had a successful career in radio but it was his role on "the dating game" that gained him most note right. he hosted hollywood connection, 100 how dollar name that tune and new newlywed game. he was survived by his wife, grandchildren. 81, jon. jon: just the graphics on "the dating game" logo. that was very. >> they don't make shows like that really. jenna: a little risque answer for michael jackson. first date, i don't know. >> i don't know about that. jon: maybe that is why the show remain ad hit for 10 years. >> exactly. they always wanted to elicit sexy answers. so the writers came up with the questions. jon: julie banderas, thank you. jenna: crisis in ukraine raging with more violence erupting in the region and russia sending in fighter jets. what ukraine's ousted president says he will do tomorrow. we're livep with that developments. clinton white house years documents about to be released. how they could affect hillary clinton's future political plans. jenna: big developments on our top stories and breaking news this hour. jon: some republicans telling members of their own party don't bet on obamacare to win the midterms. what they say the gop needs to focus on in 2014. and more chaos in ukraine, protesters raising russian flags in one part of that country as we learn where the ousted president is now. also, tick, tick, tick, tick, tick, when it comes to having a baby, a new study shows it's not just women who have to worry about their biological clock, and that's raising questions about how old is too old to become a dad? it's all "happening now." ♪ ♪ jon: well, obamacare front and center once again as republicans and democrats battle for the balance of power in congress in the midterm elections. hello and welcome to the brand new hour of "happening now," i'm jon scott. jenna: hi, everybody, i'm jenna lee and house and senate candidate cans, not democrats, house and senate candidates on both sides of the aisle are using stories from patients. you probably have seen this already, telling their positive and peg experiences with obama -- negative experiences with obamacare to aact and defend candidates ahead of the november elections. peter doocy's live in washington with the latest on. >> reporter: and, jenna, almost all of the money being spent attacking democratic candidates is laser focused on their support of the affordable care act, that's according to "the washington post" today where some numbers are listed. almost $30 million in obamacare can attacks so far from americans for prosperity and almost $20 million from super pacs and many of the ads that we've seen aim to introduce americans to obamacare's victims. >> two years ago my son caleb began having seizures. the medical care he received meant the world to me. now i'm paying more attention. when i have some questions about obamacare -- >> kylie's had 16 surgeons, four of them -- surgeries, four of them open heart. the new obamacare law has me really worried. >> the out-of-pocket costs are soy he's unaffordable -- so high, it's unaffordable. if i do not receive my medication, i will die. >> reporter: republican strategists say it's important to plant the seed about obamacare's problems now when people are paying attention. >> now we have to set the stage for november. then remember in the summer people are going to be taking off and tuning out and then ramping up again after labor day. >> reporter: but democrats have obamacare ads too like north carolina senator kay hagan in a tough re-election fight trying to remind constituents that she supports some of the bill's less controversial provisions. >> cut waste and fraud in medicare. >> forced insurance companies to cover cancer and other pre-existing conditions. >> reporter: vulnerable democrat senator mary landrieu has an ad telling voters she urged president obama to stick to his word about letting people keep the plans they like, but some strategists say obamacare attacks are on their last legs. >> to me, as more people get enrolled and more people have access to health care, it become withs less of a tangible issue for them. >> reporter: and republican louisiana governor bobby jindal said recently that republicans need to be careful and offer policy solutions iped the of just -- instead of just attacking obamacare all the time. jenna? jenna: be peter doocy live in d.c., thank you. jon: so is obamacare the issue this november? some republicans warn the single issue strategy could backfire heading into the midterm elections. louisiana governor bobby jindal is one of them, a possible contender for the 2016 gop nomination saying in an interview, quote: there are still too many folks who would tell you obamacare is unpopular, and when your opponent is self-destructing, you stay out of his way. just make this election a referendum on what i think on that -- sorry, i think that's a huge mistake if we want to earn the majority, we have to be offering detailed policy solutions, detailed ideas of what we would do differently. i don't think it is enough to say just repeal obamacare. let's talk about it with a.b. stoddard, associate editor and columnist for "the hill," jonah goldberg is editor at large for national review online. jonah, to you first. do you think there is some sense in what governor jindal has to saysome. >> yeah, i think governor jindal is absolutely half right. [laughter] in the sense that he's absolutely right that the republicans need to have a positive agenda, they need to put forward some proposals about how they would do things differently. but then again, republicans are doing that. dave camp just yesterday came out with a bold new tax reform idea. there are lots of different ideas how to replace obamacare going around on capitol hill, and at the same time where i think he's sort of wrong is of course republicans should be attacking obamacare in part because the people who are watching these ads, the midterm electorate, tend to be the kind of people who are still watching tv, first of all, and tend to be the kind of people who are most adversely harmed by obamacare. why not, you know, try to galvanize those people, those independents, those voters to vote against the supporters of obamacare? jon: all right. but, a.b., what about the notion that if your political enemy in this case is shooting himself in the foot, just go ahead and let him do it? >> well, i mean, that's, obviously, holds a lot of sway. it happens to be the only issue that the party's actually united on right now. including dave camp's bold tax reform plan which was introduced to the news cycle yesterday with reviews of how earnest and practical it is and pro-growth it is with the, obviously, couched in language about its political prospects which are nil and how the leadership is rejecting any prospects for bringing it up this year. so that's not a good story are we runs -- for republicans. in the polls obamacare is not popular. it might be at some point be, but it's not now. it's fine for republicans to talk about that, but people think it's permanent, hay don't want to get rid -- they don't want to get rid of it, they want to get it fixed. the problem is they don't have one yet. they haven't coalesced around one plan they can go home every weekend and say obamacare is terrible, this is how we need to fix it. these are still parts of the party that don't want to fix it. they don't want to be seen as salvaging it. and until and unless they have a plan they're behind, they're going to have to pick on it all the time among an electorate that is deep into obamacare and scared about the future of our health care system. and that's why you see a lot of republicans, you might call them establishment types, but saying we're very concerned. one said the word "dangerous" yesterday about this, we're very concerned about the single focus on obamacare and the fear that the public just thinks we want it to collapse. jon: yeah. jonah, we've heard the president speak time and time again about what he calls an obstructionist republican congress. republicans in the senate say that, you know, harry reid is bottling up anything they try to do, that there have been just a handful of republican amendments to any bills in this, in this latest session. >> and i think they're right. i mean, harry reid has been, much to the diminution of senator or y'all power and privilege and standing, has been an unbelievably loyal bulwark against any proposals that would be unconvenient for barack obama. and -- inconvenient for barack obama. and i think that's one of the things that's going to help republicans out on the stump when -- at least those running for the senate -- to say, hey, look, you know, it's been harry reid who's been stopping progress, and we need to get rid of him as the majority leader in the senate in order to get anything done. it seems to me that's a worthwhile argument for republicans to make. jon: do voters, a.b., do they see that kind of thing? the ways of the senate are strange and sometimes kind of mysterious. do voters see it's kind of a one-party operation right now? >> that's the problem, i don't know the voters are aware of how much harry reid has been able as majority leader to hold up the senate and not allow any republican amendments around legislation so they can't even -- not only do they not get their own bills, but they don't even get to try to change democratic wills. -- bills. the other thing that the public is not totally aware of is republicans on the house side most lu but in -- mostly but in both chambers and nationally will often cry foul when president obama makes one of the now-28 and counting changes to obamacare, this is something they could be running on day in and day out, creating a very scary narrative about how much overreach the president is doing from the executive branch and, actually, the obamacare law we think we know might end up being cleat completely different. that's a scary narrative because if you're a democratic voter, why are you even going to vote for your member of congress if they can't do anything anyway? they haven't built that narrative outside of the beltway with voters about how much the president is overstepping in the balance of power. jon: we are going to continue to keep an eye on this issue as the campaign season builds. a.b. stoddard, jonah goldberg, thank you both. >> thank you. jenna: now a fox be news alert -- fox news alert, a russian news agency is reporting that viktor yanukovych will hold a news conference in southern russia tomorrow as his country's parliament makes their choices for an interrim government and pushes -- intir rim government. in the meantime, more violence erupting between russian and ukrainian supporters in the country's southern peninsula, russians raising the flag over one town there. crimea is a very important strategic naval base for russia housing its black sea fleet. amy kellogg's live in london with the latest. >> reporter: hi, jenna. well, amidst all the warnings we've heard from western governments and the u.s. to russia not to even contemplate military intervention in ukraine, russia's foreign minister has just said he and secretary of state john kerry had a phone conversation in which they discussed cooperation to resolve the crisis in ukraine. and, frankly, jenna, in theory the two countries would be able to, if they wanted to, apply their influence in a coordinated way, in theory, instead of pulling in opposite directions as they are now. now, on top of all those rumors that we were hearing today about the whereabouts of fugitive president viktor yanukovych, in different parts of moscow, now we are hearing that, in fact, tomorrow he'll be giving a press conference way in the south of the country, very close to the border of ukraine. now, not -- this is also not far from where rising russian sentiment in the peninsula to the storming of some government buildings and the regional capital and the raising of the russian flag over the local parliament. russia has fighter jets now on the border with ukraine. they say it's just part of regular combat preparedness exercises, 150,000 russian soldiers are taking part many in that exercise. the new government was finally approved today in ukraine ahead of elections which will be held in may. the new prime minister told one news agency that some extremely unpopular measures are going to have to be taken, saying, quote: we are on the brink of a disaster, and this is the government of political suiciders, so welcome to hell, unquote. he also shined a spotlight on the corruption which has really been at the center of this whole conflict in ukraine alongside the east to/west tug-of-war. he is saying -- and he used to be the minister of finance, that $70 billion disappeared from state coffers over the last three years, disappearing into offshore bank accounts. he is blaming the previous government, that is a serious sum of money if this is true. so the money trail begins alongside this formation of a new government, and ukraine needs to get its financial house in order very quickly. jenna: wow, what an interesting report. amy, thank you very much. jon: documents from bill clinton's presidency that have been secret until now are about to be released. what we could learn from them, and the impact those documents might have on hillary clinton's potential white house run. also, a brutal assault on a bus driver caught on video. what started this violent attack? 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[ major nutrition ] ensure. nutrin charge! low fat and five grams of sugars. i couldn't lay down it was a i couldn't sit up because it burned so much. as first ladof our church we have meetis. we have activities. and i couldn't do any of that. any time anythg brushed up against thisash it would seem ke it would set it on fire again. it was the worst pain i ever had. ♪ ♪ ♪ ♪ ♪ jon: the clinton library in arkansas set to release documents from clinton's presidency, the library withheld more than 30,000 pages from public view for longer than the law allows. well, now most of them are about to be released, but what's in them? chief washington correspondent james rosen live with more on that from washington. >> reporter: good afternoon. the intrepid archivists at the clinton presidential library have barely scraped the surface of the 78 million pages of documents and 20 million e e-mails that are stored at the gleaming facility in little rock, managed and staffed by the national archives, but early on in that massive project -- as was first reported by politico -- two standard restrictions that can with invoked under the presidential records act were used to withhold from the public some 33,000 pages of documents. usually those restrictions last 12 years. in this case, that period ended over a year ago. the p2 restriction has to do with appointments to federal office, and those files can contain sensitive information about nominees, appointees or even prospective candidates. p5 covers confidential advice shared between the president and his advisers or amongst the advisers themselves. >> this is really what makes the work of an archivist difficult, because these are really gray areas. you clearly have statutes that are black and white that deal with certain types of records. for example, national security classification, grand jury records. there are certain categories that are very clearly restricted for long periods of time. these are somewhere in between. >> reporter: it is believed that some of the documents relate to at vice that former former president exchanged with then-first laidty hillary clinton. a decade ago as she was positioning for her own white house campaign, then-senator clinton made a sweeping promise about the records of the clubton presidency: >> that's one of things the library really stands for. i mean, it physically stands for openness with all the glass and the light, but he wants it to be a place where people come and really study, and everything's going to be available. >> reporter: well, not quite everything. fox news has confirmed that all concerned parties, including former president clinton and the incumbent president, barack obama, have approved for release to the public a subset of 20-25,000 pages of these secret 33,000 pages of files. that should occur sometime after march 26th. jon? jon: could be a lot of information in those 33,000 pages. >> reporter: oh, for sure. jon james rosen, thank you. jenna: dramatic new video out of washington state, a man caught beating up a bus driver in olympia. the two got into an argument over the passenger using profanity, and that's when the driver pulled over, and that's when this happened. jenna: certainly hard to watch. police tracked the passenger down, arrested him at a transit station. he's charged with assault. the driver is said to be recovering with some bruises, jon, but for the most part okay. jon: there are some new concerns about sexting after some race -- racy messages were discovered at a massachusetts high school. now police have a warning to kids. and should men worry about a biological clock? the new research pointing to a higher risk for some serious illnesses in the children of older dads. ♪ ♪ i will be your father figure, put your tiny hand in mine. ♪ i will your preacher, teacher, anything you had in mind ♪ here's a word you should keep in mind "unbiased". some brokerage firms are but way too many aren't. why? 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>> well, it is a scary risk, and whenever there's an association with a disease or disorder, it raises a concern in the medical community, and it invites the opportunity for more definitive research. unfortunately, all of those conditions have an unknown cause. there may be a genetic cause, there may be with a large environmental cause. if there's a genetic cause, it may be related to the male reproductive cells, and that invites further research to try and understand a little better. jenna: doctor, you talk to would-be parents on a regular basis. if they come in and they've seen this study, what would you tell them if the father is older? >> yes. i mean, right now i'm sure there's many women grinning ear to ear that they are not the only ones who with increasing age you see a change in behavior in children and disease. but that being said, the majority of older fathers have nothing to worry about. their children are probably going to be just fine. you still have to educate them and let them know that there is this increased risk or this association that was seen with fathers over the age of 45 who have children with hyperactivity disorder, all the other things that you mentioned, autism. so there is an increased risk. but i would not tell them not to go ahead and have chirp. jenna: dr. williams, women hear about our biological clock at age 30, we're talking about it even before that. this looks at a biological clock that was at 45 for men, so is there a scale, an equal risk, if you will, regardless of whether you're male or female? >> well, the risks that can affect female reproduction are much more colorly defined. we do know -- clearly defined. we do know specific disorders that result from advancing age, and we can correlate them with specific ages and see how often they change for women of a certain age. the study doesn't necessarily look at that correlation. it's harder for us to say when these risks may be increased for men. all we can say is that as we proceed as a society and as couples consider having children later in life, there are risks associated with it. it's hard to describe those risks, but they need to know ant them. jenna: one of the big stories is the, quote-unquote, designer baby story. the fda was in a conference, they were looking at whether or not it was a procedure that they would proceed with which would be -- and this only has been tested in animals, and i'm going to very simplify it -- but, basically, if a mom and a dad wanted to have a babe by and the mom had an issue with her dna, that perhaps a medical professional could use a dna sample from another woman and help have a healthy baby. so it'd be three people having a healthy baby. doctor, i know i oversimplified that, but because we're talking about age and because parents are getting older, one wonders with a story like that whether or not we are moving in a direction where there are different ways that you can tap into fountain of youth, if you will, if you are older parents? do you think something like the designer baby story could be applied to older parents? >> you know, i think that the term designer baby is very catchy, but what people are missing here is that this is the future of the end to certain diseases. and as such, it's a very exciting -- it's very exciting. what they're looking at is replacing the affected mite con try ya in women of any age with that of healthy women. and this has so many implications for the future and how we're going to manage disease. preventing disease to begin with. and i don't think we need to worry about designer babies. i think that this is great. i think we need to look into this further, and i'm really excited about the future and so to see what happens with this. jenna: dr. williams, i don't know about you, i think about gucci, i think about, you know, designer babies meaning the way they look rather than their help, and the doctor points out this is geared towards specific diseases. i'm just curious on your thoughts as well as to whether or not the technology like that could be used, you know, initially for good, for diseases, but maybe later could help people have children when maybe they shouldn't, maybe they're too old, or maybe they're looking for qualities that you shouldn't get to arrange. >> right. well, the dna that's in question in this study is completely different from the dna we think of that makes us who we are as genetic individuals. it's dna associated with mitochondria that does not contribute significantly to who we are. it helps certain cellular processes, and replacing those abnormal bits of dna with similar bits that help restore those processes can help cure diseases that haven't been cured before. but what's interesting is that this same technology can help us help couples achieve pregnancy more often. we do know that eggs begin to age, and over time the mitochondria within the eggs begins to age as well. and this technology can be applied to help couples achieve pregnancy. it's not designing babies, it's helping couples have their own genetic children. it may be able to help them have their own genetic children which they so intensely desire. jenna: well, and healthy children is the goal, right? regardless of whether you're looking at the study of older fathers or this other procedure that could take place. it's great to have both of you, really appreciate it. thank you so much. >> thank you. >> sure. jon: it is the group the administration desperately needs to make obamacare work. the new white house push to sign up the so-called invincibles for health insurance. also new concerns about the cost of beef as the california drought hits consumers across the country. a live report in just minutes. ♪ ♪ jon: president obama making a major push to get one important group enrolled in obamacare, the so-called invincibles, 18 to 34-year-olds, needed to make the law work. they seem to be staying away so far but a new white house campaign is trying to change that. dan springer live in seattle with more on that. dan. >> reporter: yeah, hey, jon. what we're seeing is politics don't matter, red state, blue state, everyone is having trouble enrolling young adults that are critical for the system to work. that's why washington state that had a smooth rollout and early supporter of obamacare launch ad several million dollars ad campaign aimed at signing up to 18 to 34 years old. the ads are edgy, and a bit goofy but definitely not boring but that is the point. young adults make up 23% of those enrolled in private insurance here which is a little worse than the federal exchange at currently 25% young people. >> you're trying to convince a group of people who never had insurance or really maybe understand the value of insurance because they haven't used it. and so it's a hard sell. >> reporter: the white house has been making this same push. its website has a spot with retired basketball star ervin magic johnson, who said without health care his hiv-postive diagnosis may have come to late to save his life. there is get covered twitter campaign with lady gauge ga and others. the congressional budget office says the risk pools need 40% of young people to pay for the care used by older, sicker people. president obama said initially that was doable. and they are lowering the bar saying it will all work out. analysts disagree. they see higher premiums or higher taxes to bail out insurance companies. >> this is not a simple political campaign the proponents are doing vote yes, vote no. that is very straightforward. this is asking people to make a decision that involves thousands of dollars. >> reporter: open enrollment as everyone should know by now closes march 31st. so far not a single state has come close to that 40% young people benchmark. jon? jon: hard to see how an ad campaign will change that we'll see. dan springer, thanks. jenna: a special election in florida closely watched to gauge what obamacare may have on the november elections. death of congressman bill young leaving a seat open in a swing district in the ultimate swing state. john roberts live in atlanta with more on this. >> reporter: jenna, good afternoon to you. the special election for florida's 13th congressional district in pinellas county which includes st. pete's pete's beaches and clearwater may be first big test how obamacare may play. the democratic candidate, alex sink is running slightly ahead of her republican challenger, david jolly in recent polls. unlike other democrats who are running away from obamacare, sink is trying to make it a plus. while it need as lost fixing it is a much-needed program. she is still careful to keep the affordable care act at arms length. >> well, i wouldn't describe my position as having embraced obamacare. my opponent's position is, we should outright repeel obamacare. i totally disagree with that because we can't go back to where we were before. >> reporter: david jolly and republican groups are pounding sink on her support for obamacare. jolly saying we need solutions to expand availability much health coverage but not the ones that sink supports. >> we can talk about how we solve portions of health coverage in the united states but at the end of the day, she believes we need government to intervene in 7th of our economy and i don't. >> reporter: jolly is calling on sink to apologize for comments she made at a candidate's forum on tuesday where she said immigration reform is important so florida beach resorts have people to dot landscaping and clean hotel rooms. this really is an important race. it is truly a 50/50 district. republican bill young held it for 43 years. alex sink won it in her failed bid for governor back in 2010. both parties have been pouring millions of dollars in the race to shape it. the outcome could give early indication how much of a drag of obamacare is on democrats looking ahead to the november elections. jenna: will be interesting to see the results. john, thank you so much. >> reporter: thanks, jenna. jon: there are new concerns about the price of beef in this country. because of the drought in california. it is having a devastating impact on farmers and cattle ranchers there who are expecting to lose billions in revenue. that means consumers could end up paying more for meat and other products. robert gray of the fox business network live in california for us now. robert. >> reporter: hi, jon. that's right. it is not just ranchers and local residents feeling the pain but you may be too as well a the your grocery store if you're buying beef or going out to restaurants for a steak or a burger. because of the lack of rain, now we did have a little bit of rain last night, less than an inch fell where we are in the east bay here in northern california, but we're about 15% of what they should around this time of year in terms of precipitation. 2013 was one of the driest years on record. 2014 looks like it could be even worse. now as far as snow pack up in the sierra mountains, is much lower than it should be a fraction of it should be. with the thaw in the spring it would bring more water if it was one. we have video to show how how dry and cracked earth was before the rain came. not terribly improved after that little bit of rainfall overnight. looking potentially more from the big storm out here in next couple days. the feds already promised $180 million in relief for the drought. california assembly taking up a bill would provide $687 million more in aid, particularly highlighting some infrastructure issues that they would take on. no water coming from the state canals. that is a first, john. so no aid coming from there. there is less water for the crop, feed and grass out here. local rancher here telling me hay prices tripled in the past couple of months. to feed these guys. so they are taking them to market and selling them. the local market has seen a huge up tick. they have sold three times as many cows past couple months compared to a year ago. the prices per head? this defies the laws of supply and demand if you will, because more cattle are being sold but being sold at a premium because of prior droughts in other parts of the nation past couple years, jon, there is a shortage of cattle. when you are selling the cows here as frank whose land i'm standing on will tell you, you're selling cows which produce more revenue for them. in other words the heifers they have will take a couple of years for them to grow up and be taken to market as well. if they don't get more rain soon they could sell up to 75, 80% of all the cows here. back to you, jon. jon: so many of us take water for granted. what an object lesson there. >> reporter: absolutely. jon: robert gray, thanks. jenna: challengers for the tea party movement set to take on republican incumbents in the house and senate. we'll look how both sides are faring in the key races. high school students in the center of a sexting scandal, but simply taking their phones away will not cut it. why they could face serious criminal charges. >> can i interest you in a danish. >> trying to cut back. >> awfully tasty. >> smells good. how about something healthy? how about the bar. >> let's do it. >> how much sugar is in a figure bar? >> let me check the label. the label says 10 grams but there are two in the little container so there is 20 grams! >> figure bar. and a figure bar. >> see you at the top of the hour. afghanistan, in 2009. orbiting the moon in 1971. 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[ male announcer ] new glucerna advance. from the brand doctors recommend most. jenna: tea party patriots facing a test of influence as they hope to stage upsets in the midterm elections. republican leaders in the house and senate set to face tea party conservatives in their bids for re-election. chief political correspondent carl cameron live in washington with a look how both sides are faring. carl? >> reporter: hi, jenna. tea party patriots are celebrating their fifth anniversary. there are a lot of tea party organizations across the country. tea parties in general are trying to defeat leadership in the house and senate. there are several tea party petitions around capitol hill and around the country call for boehner to be removed as speaker of house and rest of gop leadership. boehner face as tea pare primary challenge in ohio and majority leader eric cantor and greg you walden of oregon chairs the republican congressional committee tasked with electing house pub puts. none of challengers are near as well funded or organized as leaders. gop establishment has a benefit of different committees. rnc, national campaign committee and others and mainstream super pacs and backers helping them out. on other side of thing, tea party gets a lot of grassroots organization and they have super pacs and allied groups that target republicans deemed insufficiently conservative. in senate, republican leader mitch mcconnell leads polls over tea party rival in kentucky. number two gop senator in texas john cornyn in on the ballot for first primaries. enthuse alf for his tea party rival fizzled. the tea party has huge influence in the gop. has since 2009 when president obama took office and they first emerged. most incumbents are safe because they planned ahead, anticipated tea party rivals and adjusted how they dealt with constituents and voted fund-raising. one who didn't seem to get ready is mississippi thad cochran. six-term incumbent and got lowest score for the american conservative union in the entire obama era. 63%. virtually every other senate republican facing a challenge scored in the '80s. mr. coke ran is serious trouble and faces a tea party backed candidate who could be biggest threat but in mississippi he could defend the seat for republican as well. jenna: interesting die nam make at play. carl, thank you very much. jon: passing notes in class doesn't seem to cut it in one massachusetts high school embroiled in a sexting scandal and police are sending a message of their own after racy texts were discovered in the state. in the state the seductive notes could put you in serious legal trouble. arthel neville live in the newsroom with more. >> pretty serious when you take away smartphones from teenagers and even more so if the reason is due to criminal investigation into the what the teens are doing with those phones. it is all going down at walpol high school in massachusetts, 30 miles southwest of boston. 10 students there between the ages of 14 and 18 were called into the office for questioning. now police have already taken their phones and they're trying to obtain search warrants to review the content. sexting, a term to let you know how it works, someone sends a text much their private parts or suggestive message or you get the point n massachusetts sexting false under the category of child pornography and is a felony. authorities say sexting is very common with teenagers that the laws haven't caught up with technology. a felony conviction is pretty harsh for a teenager to face and something lawmakers need to look into. here is the statement from the school superintendent. he says i quote, i want to assure the entire wall pole public school community this matter is being dealt with appropriately with best interests of students in mind. due to student confidentiality laws and regulation there is will be no further comment at this time. end quote there. school officials and police say the goal is not to punish but to educate and teach students how bad sexting can be. they say parents need to have a conversation about sexting and potential consequences, like it or not, authorities should say parents should check the kids phones often. 10 students are involved in the investigation. police are being very cooperative and no charges have been filed, jon? jon: arthel neville in our newsroom. thanks, arthel. jenna: troops for afghanistan very much in the air as they continue to fight the war on terror until the security agreement is signed. our next guest says the president's mind may be already made up and the decision to pull out all of our troops was always -- "grand theft auto," one woman says the game developer stole her life story. why do people count on sunsweet prune juice to stay fit on the inside? it's made only from prunes, nothing else. it works, simple as that. it's a natural source of fiber and 5 essential vitamins. it's the smart choice for me. try sunsweet's amazing juices and new amazing prune light. jenna: right now nato defense ministers today agreeing to plan for the possibility of pulling all troops out of afghanistan by the end of the year. that announcement coming after president obama told the pentagon to plan for the same zero option of the white house claiming that afghan president hamid karzai for refusing to sign an security agreement before elections but leaving the door open that some troops could play. but con cooughlin writes in the telegraph. don't be fooled that president obama is preparing for total withdrawal of all forces from afghanistan by end of this year. what he really means he has already decided on the total withdrawal of all american forces from afghanistan by the end of this year. con cooughlins traveled to afghanistan many, many times. editor of the telegraph and author of the book, churchhill's first war and young winston the fight against the taliban. con, why do you feel this way. why do you feel the president already has his mind made up? >> just talking to my contacts, jenna, both in washington and in nato, this growing belief that the president is basically washed his hands of the afghan mission and he is particularly irritated with the recent behavior of afghan president hamid karzai who released some suspect the taliban militants recently. but the reason president karzai is behaving like this because he feels betrayed by president obama, whom he believed was going to see the job through to the end and get afghanistan stablized before the withdrawal took place but of course afghanistan is far from stable these days. jenna: and con, you were recently in washington, d.c. over the last month and you mentioned some of your sources. you say you learned something in washington this time around about the phone calls between kabul and the white house that you thought was very interesting and plays into the reason why you feel that perhaps we're partly to blame for the relationship we have right now with hamid karzai? >> well, that's right, jenna. when i was in washington i was told that when former president george w. bush was at the white house he had regular phone conversations with president karzai discussing how the mission to stablize the country was going, what progress is being made and they had a dialogue and something approaching an alliance or friendship but really since mr. obama came to office he has really had no real relationship with president karzai and that's why president karzai feels rather betrayed and is behaving in this rather difficult manner now because president karzai's looking out for his own future rather than for the security of america in the years to come. jenna: at the same time, con, in your new book and some of your reporting you suggest combat is not the only way to exist or quote, win, unquote, in afghanistan. tell us a little bit something about that as we consider as we develop over the next couple months as far as our troop levels. >> that's right, jenna. the fundamental point that churchhill made and also general david petraeus made when he was commanding u.s. forces in afghanistan was that there was no military solution to the conflict. the military was a means to an end and that end was to get the various parties, including the taliban around the negotiating table, thresh out a deal, get a political settlement. that is the moment when you stop the military operations but because mr. obama is intent on a cut and run strategy for afghanistan, he is not really bothering with the political piece. that's why i fear afghanistan is going to be left in the mess we found it in when we first went in 10 years ago when all the troops leave at the end of this year. jenna: con, always great to have you on the program. thank you so much for your perspective today. >> pleasure, jenna. jon: well here's a bit of a happy story for you. a stray puppy named hank taken in on the milwaukee brewers. he is their unofficial mascot. we showed you the picture before. now the dog is proving he is taking this new role oh, so seriously. we wanted to bring you the story of hank the unofficial adopted mascot of the browers. >> we don't have time. >> winston is popular but nothing like hank. he is a great dog, thanks for joining us. >> america's news head quarter ares starts right now. fox news alert from the ukraine. fast- moving events. russian gun seized the government buildings. russia is giving shelter on the ukraine ousted leader and ordering surprise war games and u.s. sending a stern message to moscow don't meddle. will this be a tipping point and will moscow send in troops? a new poll that reveals a tough fight ahead for

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