cannot discuss the legality of the initial arrest. you heard it was a major part of the prosecutor s case. we ll have to see how sit plays into that. a state of emergency after an ice storm batters the central plains. heather: we ll talk about this. a debate over government surveillance. is the expiration of the ns tax phone data program putting us at risk? a big reaction from judge napolitano next. reporter: the united states made a mistake when they limb nairtd this program. he s always hanging out with his friends. you ve got to be prepared to sit at the edge of your seat and be ready to get up. there s no deep couch sitting.