0 what are we going to do about it? the kelly file, right now. >> new tonight the overlooked line in the nonpartisan report on obama care that impacts every american who gets their health insurance through work. welcome to "the kelly file." so it was a little more than four months ago when reports broke about thousands and later millions of people losing their health insurance because of obamacare. consumers were literally blind sided and angry when the president's you can keep your plan pledge went up in smoke. but then to 12e78 stem the growing answer, the president made another statement claiming the cancellations only affected a small percentage of americans and the vast majority that kbot it through their jobs would be safe. >> for the vast majority of people that works k you can keep it. for the fewer than 5% of americans that buy insurance on your own, you'll be getting a better deal. >> we're talking about 5% of the population who are in the individual market. they are out there buying health insurance on their own. >> keep in mind that the individual market accounts for 5% of the population. so when i said you can keep your health care, i'm looking at folks who have employer-based health care, folks who have medicare and medicaid and that accounts for the vast majority of americans. >> congressional budget office says that that is not true. this week's big report reminding lawmakers that "as a result of the aca, between 6 million and 7 million fewer people will have employment-based insurance coverage each year from 2016 which is relatively modest compared to the cost of insuring the folks, and dump them into obamacare. guess what that is going to do to the mind set and attitude of those voters, those individuals about the law when they get the notice from their employer this year that they are out of luck. >> it's so striking because you think about the promise that if you like your health care, you can keep it. the next promise, as we just showed everybody, if you have employer care that you like, you can keep that. now that turns out to not necessarily be the case. mckenzie and company says 30% will probably drop coverage, these companies, or stop it after 2014. this is the number that is likely to escalate, the numbers that we're seeing may not be as big as it gets. the dissatisfaction with all this is likely to creep into the midterm elections in a big way. today against democrat in arkansas mark pryor, look at this. >> millions are paying more and getting less. obamacare doesn't work. it just doesn't work. tell senator pryor to stop thinking about politics and start thinking about people. >> ouch. i think we're going to see more of those. >> you'll see no end of those. just remember this. if the premiums go up at a high rate, as they very well may if a bunch of sick people, you'll see that 7 million number of people who are dumped on to obamacare go up because it will be too expensive to keep them on the rolls at work. >> chris, thank you. >> you bet. >> this budget office report was the focus of a hearing with the director squarely in the hot seat this morning when lawmakers asked him about how workers going forward, his answer became one of thee big stories of today. watch this. >> by providing heavily subsidized health insurance to people with low income and withdrawing those subsidies as income rises, the act creates a disincentive for people to work relative to what would have been the case in the absence of that act. >> andy is the ceo of a parent company to karl's jr. he's been public for months now about health care. good to have you here. what's your take on this? the white house is pushing back on this. the white house is basically saying that ultimately due to lower costs that will happen, they say health care costs will go down. that that will free up money for companies across the country and they are going to add 400,000 jobs as a result of it over the next several years. >> well, let's say that the administration's predictions on this law haven't been accurate across the board. i think that particular prediction is terrible. income taxes when they worked those jobs and payroll taxes that helped pay for benefits like obamacare, we're no longer getting that tax revenue. these are people that could work. they choose not to so they can write cowboy poetry. >> photographery. you won't be working the hours that you used to work. another thing that struck me from this report is the projection that in ten years, 31 million people will not have health insurance. they won't be insured. and the whole thing started because they wanted to cover 48 million. so all of this disruption for 17 million people, do you think as a businessman that there was a more effective, easier, cleaner way to cover 17 million people? >> there's many more effective ways. nobody thought obamacare was going to be passed z in its current form. you remember scott brown won the smat race and the house had to pass a bill that wasn't vetted, that was incredibly lengthy and wasn't well drafted. that had to be the law or they weren't going to get a law. nobody thought this law was going to be passed and nancy pelosi said we have to wait to pass it to see what's in it. you didn't have to wait. many people knew it would be difficult to implement. the president has to keep changing it. and the expense, by the way, of these people who are going to pursue their hobbies is all going to fall on the middle class. we hear a lot from democrats about how they want to protect the middle class, but we keep seeing policies coming forward. i was astounded listening o democrats and the testimony in the administration about how a party that is so politically adept could be so economically inept. and they just have to face reality on this. this is a bad law. it it doesn't work. let's change it. substations could destabilize the entire system. listen to henry waxman give this warning to congress. >> this is a national security issue that deserves our attention. we should act now while there's still time to protect against successful attacks. >> it happened in april of last year. still no suspects, no arrests in that attack on the substation in the silicon valley. >> thank you very much. we are also tracking new developments with the investigation into the irs targeting conservative groups. the president said this on super bowl sunday. >> you're saying no corruption. >> none. there was some bone head decisions. >> but no mass corruption? >> not even a smidgen of corruption. >> not even a smidgen. when lawmakers saw that, they asked how the president could say that there wasn't a smidgen of corruption when the irs investigation into what happened is still very much ongoing. here is one of them today grilling the new commissioner of the irs. >> commissioner, if you have been told that the investigation is complete and no targeting occurred, you have been misled. last weekend the president claimed in an interview there was not even a smidgen of corruption at the irs. he blamed the targeting on "bone headed decisions by a local office." now this committee has investigated the matter to significant degree and found otherwise. i believe the president's staff is either very poorly informed or they are actually misleading him. >> mike emanuel joins us live from washington. >> there's also a letter sent today that asked if the president is being briefed on the justice department investigation and whether lawmakers can be briefed as well. the letters sent, they wrote to anybody is saying in terms of what's going on and what happened in the past. i said i'm looking forward to the investigations being concluded. we'll see what the facts are and we'll respond appropriately. >> it was noted today on capitol hill that there are actually six separate investigations looking into the irs targeting of conservative groups. four in congress, one at justice and one by the inspector general. that wasn't the only issue today. there was also scrutiny of a decision that was made. >> two days ago the irs announced it reached a deal with the irs employee union, the national treasury union to award $43 billion in bonuses to union newsed employees skblp it's important to see the performance awards. they will only go to probably between 50 and 65% of the employees and they allow us to settle litigation. >> his point is it would be better to pay the employees to improve morale at the irs rather than risk losing a lawsuit to the union. >> controversial. >> this needs to be an open investigation still. when you look back at january 29th, eric holder said about this issue, all options are on the table given the fact there's not been a determination either to bring charges or decline this case. you look at january 30th. the attorney. general sent a letter to jim jordan who was one of the questioners today basically saying that they couldn't allow employees to discuss anything because they are in the middle of an open investigation. they can't discuss that. how on earth could the president be at odds in terms of where this investigation stands? >> because right now the irs and the white house are institutionally incapable of self-correcting and self-governing when it comes to the matter with the irs. congress is through its investigation process getting to the bottom of what was a targeted and direct violation of constitutional rights of private organizations. and the idea now that the president is giving an all clear, it doesn't not only pass the constitutional test, it doesn't pass the smell test. something is not right here. we learned about what was not right tonight. >> have any of the people you're representing been questioned in this investigation? >> not yet by the fbi. >> not yet by the fbi. jay, thank you very much. we'll see how it goes tomorrow. good to have you here tonight. we are also getting new detail hs hour on the terror threat warning just sent to the airlines and airport security folks across this country. we'll tell you what that's about in a few minutes. plus this. >> al qaeda grabbed control of many cities that america fought to liberate. the administration is forced to detail what we're going to do about it. the show creating controversy after viewers decided that a woman wanting o lose weight went more than a little too far. that is next. ♪