principles, trying to show the gop is the party for big ideas. >> doing immigration reform in a common sense, step-by-step manner helps our members understand the bite-sized pieces and it helps our constituents build more confidence that what we're doing makes sense. >> the bill as amended is passed. >> that's a contrast from the senate which last year passed a massive bipartisan comprehensive immigration reform bill. while the senate provides a path to citizenship for the estimated 11 million illegals in this country, the house is expected to only offer them legal status. the house republican principles obtained by fox also include border security and interior enforcement must come first, implementation of an entry/exit visa tracking system, employment verification and workplace enforcement and reforming legal immigration so the best and brightest educated here can stay. it also says children of illegals brought here should be provided an opportunity for legal residence and citizenship. >> it's important that we show the american people that we're not just the opposition party. we're actually the alternative party. >> reporter: at tuesday night's state of the union, president obama sold reform as being critical for economic growth. >> it is time to heed the call of business leaders, labor leader, faith leaders, law enforcement and fix our broken immigration system. >> reporter: though some conservatives worry it could split the gop. on replacing gop the house's guiding principles include ensuring the availability of household options that all budgets can afford and providing choice of care options and doctors they want and enable more doctors to practice medicine. there's also the issue of the government's borrowing authority, the debt ceiling, which mr. obama wants extended in february without negotiation. >> when our differences shut down government or threaten the full faith and credit of the united states, then we are not doing right by the american people. >> reporter: some house republicans wholed who once said having no problem for dealing with our long-term debt is a failure of leadership. >> i've been so surprised that the president has abdicated leadership and always asks congress to be the leaders of the american people. >> reporter: and they like mr. obama to put some pressure on his fellow democrats to get this done. >> this has always been placed on the house to lead. the president is required to lead. he's made it clear that he wants a clean debt ceiling. his party controls one-half of congress. >> reporter: of course, republicans would like to control the other half, the senate and part of laying out an alternative vision is designed to show what the gop could do with majorities in both chambers of congress. >> mike emanuel live on hill, thank you. as we said at the top of the show president obama cannot get his party to fall in line over trade, at least not yet. it's not opposition from one of the usual suspects but rather a close ally. white house correspondent wendall goler is traveling with the president. >> reporter: as the president road-tested his state of the union threat to bypass congress if republicans won't work with him, a split was opening in the democratic party on trade. at a speech outside milwaukee, mr. obama repeated his vow not to be a lame duck his remaining three years in office. >> i want to work with them, but i can't wait for them. we've got too much work to do out there. >> reporter: but with control of the senate up for grabs in the fall, majority leader harry reid doesn't want democrats to take politically tough votes on two trade agreements. >> i'm against fast track. >> reporter: fast track authority enables the administration to craft an agreement that congress can only vote up or down but cannot amend, and the administration is right now negotiating two such air agreements, one with asian pacific nations and another with european countries. in his state of the union address mr. obama called for bipartisan cooperation to pass both. >> when 98% of our exporters are small businesses, new trade partnerships with europe and the asia-pacific will help them create even more jobs. >> reporter: but some democrats believe american workers lost out in the free trade agreement with mexico and canada, organized labor isn't enthusiastic about the new trade deals. on this day the president spoke at a union-organized general electric plant and while reid hasn't said he'll block a vote, he certainly hasn't committed to one. >> everybody will be well advised to just not push this right now. >> reporter: republicans wasted no time turning the president's state of the union threat against him. >> the president's state of the union said he had a phone and a pen. i think the first phone call actually has to be to harry reid to talk about trade. >> reporter: for months democrats have criticized republican divisions over tea party demands and reluctance to compromise. they have accused house speaker john boehner of being hostage to them, but now boehner's turned the tables. >> we cannot pass this bill without his help, and if this is one of his own priorities, you would think that he would have the senate majority leader working with him to pass trade promotion authority in order to expand opportunities for our fellow citizens. >> reporter: here in nashville, the president's promoting a program that aims to align student education more closely with the jobs employers need to fill now, and tomorrow he'll ask some of the nation's biggest employers not to put people who have been out of work for six months or more at the back of the hiring line. it won't have the force of law, but aides say the commitment will help. bret? >> the president is speaking right over wendall's shoulder traveling with the president. thanks, wendall. the commerce department says the economy grew at a rate of 3.2% in the fourth quarter due to robust exports and household spending. the gdp growth was in line with economist expectations, and that meant stocks rallied today. the dow picked up 110. the s&p 500 added 20 and the nasdaq closed 72 ahead. if you're a type "a" personality, you've probably already mailed your tax returns to the irs. if not, you still have time. but as tax day approaches the agency americans love to hate is suffering from its own problems. chief washington correspondent james rosen explains. >> reporter: no federal agency arouses as much fear and loathing in american taxpayers as the internal revenue service, but the latest annual report by nina olson, the national taxpayer advocate, depicts an irs struggling to get by, hobbled by the forced budget cuts known as sequestration. the agency couldn't answer 20 million of the roughly 100 million calls it received last year and extended its waiting times on hold to 18 minutes. even then, irs service reps will only answer basic questions, referring even marginally more complex ink rivers to the irs website, published manuals and outside firms and software. even irs audits, believe it or not, are suffering. down to less than 1% of individual filers, the lowest level since 2005. >> the government has saved $1 billion in cuts to the irs budget on an annual basis and lost $8 billion in compliance revenues. >> reporter: it's a sat state of affairs when the government writes tax laws as complex as ours and then is unable to answer any questions beyond basic ones from baffled citizens who are doing their best to comply. the combination of more work and less funding, she says, predictably has impaired the irs' ability both to meet taxpayer needs and to improve tax complaints. >> and it's going to get worse as they have responsibility been forcing obamacare. they say they need additional employees for it. well there, isn't any federal agency that doesn't always start with that proposition we need more money. >> reporter: meantime, the department of justice investigation into allegations that tea party groups received inappropriate scrutiny in their applications for tax-exempt status triggered a testy exchange between a tea party senator and the head of doj. >> in the 280 days since that inspector general report, nobody has been indicted, not a single person. >> i don't know if you've ever conducted an investigation, senator, but the fact that it's -- i'll just take you, 280 days is not unusual for complex investigations. we want to make sure that what we do is comprehensive and that at the end of the day we get it right. >> reporter: in calling for the appointment of a special prultor to investigate the tea party cases, senator cruz cited such appointments under presidents nixon and clinton, but attorney general holder says he has faith, bret, in the career doj attorneys who had handling the matter. >> all right, james, thank you. what do you think of the troubles behind the irs, let me know at facebook.com or on twitter @bret baier and use the #specialreport. up next some trouble news about chemical weapons but first waja in atlanta has the georgia governor's apology for storm preparation failures and a promise to do better in the future. governor nathan diehl has also issued plans for atlanta drivers to get back the vehicles they abandoned during the winter storm. dozens of roads are still affected by the ice and snow. fox 8 in ohio is covering a crane accident. eight cars destroyed after a crane lifting an air conditioner fell over. no one was hurt, fortunately. and this is a live look at boston from our fox affiliate wfxt. the big story there. prosecutors are seeking the death penalty for accused boston marathon bomber dzhokhar tsarnaev. the attack last year which killed three people and wounded 264 was the deadliest bombing on u.s. soil since 9/11. that's tonight's live look outside the beltway from "special report." we'll be right back. they work fast on heartburn and taste awesome. these are good. told ya! i'm feeling 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[ ship horn blows ] no, no, no! stop! humans. one day we're coming up with the theory of relativity, the next... not so much. but that's okay. you're covered with great ideas like optional better car replacement from liberty mutual insurance. total your car, and we give you the money to buy one a model year newer. learn about it at libertymutual.com. liberty mutual insurance. responsibility. what's your policy? the air force's proficiency test cheating scandal is much wider than previously thought. 92 nuclear force officers are implicated out of a force of 500. the monthly exam test officers' knowledge on maintaining and launching nuclear missiles. debra james who was sworn in as air force secretary just a few days ago says this is just a symptom of major systemic problems. >> i heard repeatedly from teammates that the need for perfection has created a climate of undue stress and fear, fear about the future, fear about promotions, fear about what will happen to them in their careers. >> nearly three years into syria's civil war the assad regime has killed at least 100,000 people and forced millions to flee. it crossed the red line by using chemical weapons, and as national security correspondent jennifer reports it's now dragging its feet on its commitment to dispose of those weapons. >> when the syrian regime used chemical weapons against its own people last suggest, president obama called off a punishing military strike and cut a deal with the assad regime to hand over all of its chemical weapons, a stockpile of more than 1,000 tons of toxic agents. now it turns out the assad regime has only delivered 4.1% of the 1,300-ton stockpile and may miss next week's deadline to ship all of its chemical agents out of the country. syria is now six to eight weeks behind its commitments. >> this is not rocket science here. they are dragging their feet. we need them to pick up their feet and run with this and move forward in moving the chemical weapons stockpile to the port. >> reporter: a day earlier the director of national intelligence james clapper, in a written report to the senate select intelligence committee said russia and the chemical weapons deal it had brokered had given the assad regime legitimacy, a lifeline to stay in power. clapper warned 7,000 foreign fighters were now operating in syria, adding his concern that al qaeda could use syria to launch a terror attack against the u.s. >> we're seeing now the appearance of training complexes in syria to train people to go back to their countries and, of course, conduct more terrorist acts. >> reporter: civilian casualties in syria continue to mount. in aleppo a 14-month-old girl was pulled from the rubble after being buried alive when syrian warplanes struck her home prior to this week's peace talks in geneva. the seerpians want more equipment, such as sophisticated roadside bomb detection radar to deliver its chemical stores to awaiting naval vessels. meanwhile, the u.s. vessels which were configured to reduce the syrian chemical agents is expected in spain next week. it's the first time countries have attempted to destroy mustard, sarin and vx nerve gas at sea. but u.s. defense officials say none of syria's chemical stockpiles have yet arrived at the port in italy where the vessel is supposed to receive them, and that's because bashar assad is holding on to 96% of his chemical stockpile. bret? >> jennifer griffin live at the pentagon, jern i ever, thank you. rush's counterterrorism agency has arrested two brothers suspected of assisting the suicide bombers who struck the city of volgograd in december. the bombings killed 34 people and wounded many others. security fears are high ahead of the winter olympics in sochi. meanwhile, the u.s. has reportedly acknowledged that russia tested a ground launch cruise missile, an apparent violation of a 1987 treaty. the white house is not yet ready to declare the tests a violation of the treaty. the missile ban was a key tenant of the agreement that ended the cold war. republican senator lindsey graham told him it's just another example of putin sowing his oats. still ahead, a look at key races of 2014 so far. and first, just three days to the super bowl. two types of sales, a political message to a big audience and a field day for counterfeiters. we'll be right back. 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>> i would say that the news guys i think try to do a good job, although, look, let's face t.fox news i think has a point of view. >> fox isn't the only stop on the obama tv tour. he's also sitting down friday with cnn's jake tapper. the state of the union has long been the super bowl of speeches, but the interest faded a bit further this year with the television audience, about 33 million, reaching a 14-year low. while fox's ratings for the speech jumped 28% from last year, msnbc's numbers were down 24%, and cnn's ratings dropped 43% which helps explain why obama's media blitz is heading into overtime. the president has made clear he's wrangled by fox news where he does draw plenty of criticism, but he obviously values the sizable fox audience, especially when it swells to super bowl proportions. bret? >> howie, thanks, quite an interview to watch. america's biggest game isn't just a financial win for reputable sources. it also means big business for counterfeiters. police have already seized a record $21 million worth of knockoffs. senior correspondent rick levanthal went out with police to track down the phony goods. >> reporter: federal agents and state police, some undercover, raid a central new jersey flea market to stop the sale of suspected counterfeit nfl gear. >> sir, we're federal agents, okay. you need to step aside. we're going to seize the stuff. >> reporter: are you the owner? >> i'm the owner, okay. >> reporter: despite the bust the vendor tries to close the deal. >> you can't finish the sale. >> why? >> it's a good sale. >> yeah, i understand, but the hats are counterfeit. >> reporter: investigators strip mannequins of what they say are phony shirts and empty shelves and display cases of sunglasses, watches, jerseys, hats and mohr. even though some have tags that look real, the feds say the holograms are wrong and the bar codes have all the same number when every one should be different. >> i'm not going to fight. you can check these out. >> is it possible they are counterfeit? >> i'll let the guy do his job. you've got a bright guy here, he's going to do his job. do you sell a lot of these? >> is that unusual to find some items that are legit with ones that are not? >> bad day at the office, huh? >> it happens. >> has it happened to you before? >> no, no, never happened. >> i didn't expect this coming to work today? >> you expect good things every day. >> reporter: seller is arrested on counterfeiting charges. agents say if the phony goods were real they would be worth $113,000 and say total sales of counterfeit goods are tenses of millions a year, enriching criminal enterprises here and abroad >> they take profits away from americans and american companies and putting substandard goods into the hands of the public. >> reporter: since last june federal, state and local police seized more than 200,000 counterfeit hats and jerseys and t-shirts and other sports memorabilia and made 50 arrests, but they realize they are stopping only a percentage of the phony stuff an hope the public will pay attention to what they are paying and realize if it's too good to be true, it probably is. >> rick, stay warm out there. head on over to our website for another super bowl-related story, the dark side of major sporting event like this, sex trafficking. up next, the grapevine. [ male announcer ] it's simple physics... a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. us, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. celebrex can be taken with or without food. and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long 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family. attached was a link to this commercial showing a bi-racial family. the rnc chairman asked for an apology to the rnc and to all right of center americans and threatened to boycott, quote, using bi-racial families to launch a pet and ridiculous political attack is low, even by msnbc's standards. it only coarsens our political discourse. this afternoon msnbc's president released a statement about the tweet saying, quote, we immediately acknowledged it was offensive and wrong. apologized and deleted it. we have dismissed the person responsible for the tweet. i personally apologize to mr. priebus and to everyone offended. priebus has accepted the apology, but the tweet is the latest in a string of recent issues in recent weeks for msnbc. to recap during the gop response by representative cathy mcmorris rodgers said living room, lady on settee, where's the needlepoint, melissa harris perry tearfully apologized for mocking mitt romney's family and martin bashir called sarah palin a word class idiot and said someone should force her to eat excrement and alec baldwin left the network after shouting a homophobic slur at a photographer. in indiana destiny hoffman was sentenced to 48 hours in jail for a drug screen result but the court never issued an order to release her. 154 days later she was free. hoffman wrote a letter to the court but never heard back. two more women in the same drug program are now claiming they were held for months beyond their sentences. the director of that program has been fired and a bailiff suspended. finally, you and your doctor may be getting medical advice from the same place, and it isn't medical journals, toys wikipedia. that's according to the ims institute for health care. the obvious problem, anyone can edit that site which means articles are subject to misinformation. some, however, do fact-check the site like medical students at the university of california who can earn academic credit for editing those medical articles. in america's election headquarters tonight the 2014 elections may seem a long way off, but political fates will be determined every week until november. political correspondent carl cameron takes a look at two seats in play. >> reporter: iowa launched the 2014 campaign with its first non-binding caucuses last week and texas holds the first primary when republican senator john cornyn faces a tea party challenge from john stockman. the democratic snort majority is 55 including two independent who caucus with them. republicans are 45 seats need six more for control n.iowa and nationwide republicans face more primary challenges than democrats and some gop primerries are multi-candidate battles that can weaken the eventual winner. iowa's gop senate primary has six candidates. north carolina has nine. georgia eight gop contenders and alaska has five. some democrats think given the president's unpopularity the house majority is a lost cause, and they should focus on saving their majority in the senate, but the democrat in charge of electing house democrats says the gop has problems, too. >> they have not recovered from the shutdown. >> reporter: house republicans hold 232 seats, democrats 200. three seats are now vacant so democrats need 18 more for the majority. retirements cause headaches in both parties and veteran democrat henry waxman of california who would share a committee if democrats take control next year today announced he's retiring. republicans call it a reflection of democrat pessimism. >> i think it's another sign the democrats don't think they can get back in the majority, at least not in the near term. >> reporter: in north carolina's seventh district michael mcintire is leaving and both parties acknowledge the gop is likely to take this red state seat. in right-leaning utah both sides believe incumbent democrat jim mathison's retirement means all four utah house seat will be democrat next year. democrat sean eldredge, a millionaire investor married to facebook co-founder will bring national attention and money to that race and in new jersey john runyon is retiring and democrats do have a shot at a few pickups. another nail-biter will be in cole california's sixth district where the incumbent republican mike kaufman faces a tough challenge from the popular former speaker democrat andrew romanoff. this may be the closest race of the year, but overall it's pretty clear that democrats are rattled. next week both president obama and former president bill clinton will attend a retreat with senate democrats to try to buck up the troops. bret? >> carl, thank you. breaking late this afternoon, an italian appeals court upheld the murder conviction against amanda knox and her ex-boyfriend for the 2007 murder of her british roommate. it set a sentence of 28.6 years in prison. this sets the stage for a long legal battle over her extradition. the original verdict was overturned in 2011, but italy's supreme court vacated that decision and sent it back to this, its third iteration. both political parties have internal fractures, trade, immigration, the debt ceiling, but one side is trying to find common ground. we'll see what the fox all stars think about all that have as they weigh in, right after this. i don't just make things for a living i take pride in them. so when my moderate to severe chronic plaque psoriasis was also on display, i'd had it. i finally had a serious talk with my dermatologist. this time, he prescribed humiradalimumab. humira helps to clear the surface of my skin by actually working inside my body. in clinical ials, most adults with moderate to severe plaque psoriasis saw 75% skin clearce. and the majority of people were clear or almost clear in just 4 months. humira can lower your ability to including tuberculosis. serious, somimes fatal events, such as infections, lymphoma, or other types of cancer have happened. blood, livernd nervous system problems, serious allergic reactions, and new or worsening heart failure have occurred. before starting humira, your door should test you for tb. ask your doctor if you live in or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections, or have symptoms such as fever, fatigue, cough, or sores. you should not start humira if you have any kind of infection. make the most of every moment. ask your dermatologist about humira, today. clearer skin is possible. we need to work together on tools like bipartisan trade promotion authority to protect our workers, protect our environment and open new markets to new goods, stamped made in the usa. >> will you be bringing that to the floor? >> we'll see. everyone knows how i feel about this. everyone would be well advised to just not push this right now. >> is the president going to stand up and lead on this issue? we cannot pass this bill without his help. >> the president's state of the union said he had a phone and a pen. i think the first phone call actually has to be to harry reid to talk about trade. he might want to get his own party in line. >> well, a lot is made about republicans and splits over immigration and the possible debt ceiling deal that's being put together, but the democrats have their own split over trade right now. senate majority leader harry reid does not want democrats to take two politically tough votes on trade, and that's what's setting up. let's bring in our panel, judge andrew napolitano, socks senior judicial analyst, a.b. stoddard and syndicated columnist and author of the best selling book "things that matter" charles krauthammer. a.b., let's start with you. lik split over trade, and harry reid is saying i don't want to move it forward. >> well, as you know, they are getting very scared in the democratic party about what's going to happen to the senate and whether or not they will lose majority in the senate, and there's a lot of talk about moving resources around and trying to save the vulnerable senate democrats that they have now to retain control. this fast track issue is very toxic in the party, as you know. all of the lie i don't know's share of the groups, outside groups on the left are putting enormous pressure on democrats not to do this, and they are not interested in anything right now. their own constituents, their own democratic supporters in labor, at home, are worried about obamacare. at this point with the economy not set to just be a total game-changer by november, they don't want to -- they don't want to take on anything that would muddy the message about income inequality and fast track would do exactly that. >> fast track authority to give you cliff notes here is the authority for the administration to come up with trade agreements and congress to vote it up or down without amending it. that is something that the labor unions don't want to happen. there are some trade agreements that are pending, judge, asia-pacific nations as well as european countries. >> and there are some trade agreements that already exist from the bush years and the democrats voted against it then and the labor unions were against it then. i agree with what a.b. said. i think the democrats are horribly divided. i don't think the state of the union speech was handmade aimed at his base out in the hinderlands that are deserting him. the left doesn't think he's left enough and the mainstream democrats think obamacare was a disaster and the president is caught between the two. this particular piece of legislation which divides the president from the most powerful human being in the congress, majority leader harry reid, will further divide the democratic party. i don't know the outcome, but the president can't have it both ways. he can't both push this piece of legislation which from the point of the free market is very good and try and service the left who are prepared to desert him. >> there's a potential opening here, a problem with labor unions. they have a problem with the cadillac plans with obamacare as well. >> look, that's the reason that i think the president is going to try to do exactly what the judge says he can't do which is on the one hand appear to be pushing this. he knows it's a good idea. he knows it would help the economy, especially the -- these are extremely important. one of them is a pacific agreement and one of them is a european one. on the pacific one, what he wants to protect is intellectual property, our entertainment industry and our patents and all that get swiped every day to the billions of dollars particularly in asia, and agricultural exports so he knows it's going to help. on the other hand, he knows that unions hate this. they have hate it had ever since nafta which a democratic president was the one who passed. >> right. >> so they are really sore about this, so he proposes it, and then he's got harry reid saying don't do it. this is a test of the president. is he the president or is harry reid going to be the one who -- who decides? i think it's a sign of the diminishment of his authority that read spokes so openly and defiantly and said don't bring this. it's going to be a test of a president who says that republicans are the ones who think only of the next election and not the next generation. whether or not he'll push it, i have no idea. >> meantime, the president talked to cnn today about the divide, not only with democrats but with republicans as well in getting things through. >> what is obviously true is we've got divided government right now. the house republicans in particular have had difficulty rallying around any agenda, much less mine, and in that kind of environment what i don't want is the american people to think that the only way for us to make big change is through legislation. >> that's what divided government does. that's what, you know, meeting in the middle is all about, but if he gives it sort of the my way or the highway and if you don't do it i'm going to go around congress, then we're going to have a big problem. >> what about the divide? we hear republicans come out with these principles for immigration and debt ceiling and health care. >> well, the download from the retreat is that there was a very intense debate today over immigration because there's a concern -- obamacare is the biggest impedpent to passing immigration reform because the base is convinced president obama no matter what happens is going to monkey around once it's signed into law anyway. some republicans feel strongly and others say this will divide us and just mess up things right when we have obama on the ropesch the debt ceiling conversation will likely come up tomorrow. there is consensus that they really don't want to get no a big fight, but the outside pressure from the outside groups is only just beginning, and i think the list of asks is going to grow. >> i want to ask you, judge, about the executive order and all of the executive actions that the president is talking about. >> right. >> from your perspective where that stands. >> not all executive orders are bad executive orders. many clarify the way the president would like certain laws interpreted and enforced, but it is executive orders that materially interfere with legislation that the congress has enacted that's already the law of the land that are very, very troubling, very, very troubling and profoundly unconstitutional, so if the president says, for example, negotiate contracts and as wrong as what i think the president is doing, it is lawful. the congress gave, not him, that gave george bush that authority and now he's using it. >> last word, charles? >> the judge is right. you can have executive orders that implement already existing laws. what obama has done in the dream act, which is exactly what you've talked about. >> right. >> where essentially he passed a law by executive order that the congress had rejected, wouldn't pass, that is unbelievably unconstitutional. it's as if a republican ran and said i don't like the capital gains tax, congress rejects an alition of that tax and then he ortds irs not to collect it. people would be up in arms and would be impeaching. he's doing that over and over again on immigration. >> climate change. >> drug laws. >> climate change and, of course, on obamacare which he's unilaterally altered lawlessly at least 15 times. >> next up, syria and chemical weapons that are not being moved out of that country. āŖ āŖ . . āŖ told ya you could do it. (dad vo) i want her to be safe. so, i taught her what i uld angot her a subaru. irl) piece of cake. āŖ (announcer) love. it's what makes a suru, a subaru. american diplomacy, backed by the threat of force, is why syria's chemical weapons are being eliminated. [ applause ] and we will continue to work with the international community to usher in the future that the syrian people deserve, a future free of dictatorship, terror and fear. >> and all of this time, the syrian regime has moved less than 5% of the chemicals to the port. >> the united states is concerned that the syrian government is behind in delivering these chemical weapons, precursored materials on time and with the schedule that was agreed to. >> behind, 4.1% of the 1,300-ton stockpile is not going to make the deadline to get the chemical weapons and precursor material out of syria, the deal. we're back with the panel. charles? >> surprise, surprise that our side ends up being honest and he's holding back over 90% of his chemical -- and remember, this is over 90% of his declared inventory. you can be sure there's all kinds of stuff that's hidden. even gadhafi who was almost honest in turning over his stuff had stuff that we are now discovering hidden in the desert. so i mean, look, this was always a farce from the beginning. we are getting a trickle of his stuff coming out, and his own director of national intelligence, obama's, today said to the congress that the deal that the russians had arranged, which was the chemical weapons deal, essentially established the legitimacy of our side in the middle of a civil war where he had been on the run. so, is the american stamp of approval on our side? the russians are now the brokers, and the authority in the area, unlike in the last 50 years, and assad is esconced and the chemical weapons are still there. >> and syria, talking about director clapper, a.b., who testified yesterday about also the threat of foreign terrorists in syria, saying it's really a concern for the intelligence community. you add this all together with chemical weapons still on the ground, it's an ugly mix there. >> right. you know, secretary kerry at the start of the syria talks, which have gone nowhere, they are literally hoping that they can find another time to talk, but nothing has been -- nothing has happened. emphatically said last week that assad must go and there has to be a government of the opposition. everyone, every stakeholder knows that this has bought time for al qaeda to cement its influence there while assad continues to kill with a conventional arsenal, and then we, our own intelligence tells us that he likely has the capability to weaponize biological agents, which means this fake agreement for chemical weapons goes on while the insurgency comments and there's no way for the opposition to go. >> judge? >> when he said surprise, surprise, i thought he would get into, oh, the president has lied again. he has shown an incredible willingness and facility at lying. the clip you ran was from the state of the union address on tuesday night. it was less than 45 hours from this very moment. since that time, all the senior people in his administration have profoundly, directly, at least two of them under oath, defied what he said about syria is complying with this agreement. russia dominates the area, as charles said. the american people have no appetite, zero appetite for american military intervention. what is he going to do? he is stuck. >> right. john kerry created this. >> to that latter point, though, the u.s. population doesn't have an appetite to get involved. >> right. >> yet, the place seems to be going down the tubes as far as a place that potentially is a terrorist threat for the u.s. >> i actually think that director clapper, whom you know i've criticized extensively, was conservative in his estimate that 20% of the rebels are al qaeda. i think other members of the intelligence community will tell you it's a higher number and it's a dominant number. >> charles? >> in telling untruths about weapons in the state of the union address, obama also said, and i noted at the time, that iran was eliminating its highly enriched uranium. it's not. turning it into uranium oxide. it's a chemical process that you can reverse. it's like putting it in a safe where iran has the key. so, all of this stuff, he's pretending iran is getting rid of its nukes. he's pretending that syria is getting rid of its chemical weapons. essentially, russia is in control of this situation. and since henry kissinger succeeded in expelling the russians half a century ago, this is russia's return and it's america's retreat. >> is there a wake-up call on capitol hill about all of this in the wake of all of this info? >> the problem is that there are very few people making the case that we have strategic interests in the middle east right now because things are changing so rapidly. you see a divided republican party where you no longer have any hawks out there, except for senators mccain and lindsey graham. you have the president pretty much refusing to really speak to the american people about what's going on in the middle east. and so, there isn't a voice. >> that's the case that a president has to make, and that's what he's not doing. >> that is it for the panel, but stay tuned for a look at an itch that just couldn't be scratched. well another great thing about all this walking i've been doing is that it's given me time to reflect on some of life's biggest questions. like, if you could save hundreds on car insurance by making one simple call, why wouldn't you make that call? 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