0 coming up this morning, you smell that? it's the smell of a capitol hill grilling for the contractors involved in the obama care website. there was a lot of finger pointing, fair share grand standing. we'll show you what happened and tell you about calls to delay the law. republican senator, marco rubio one of those making the call, joining us live, exclusively this morning. >> a lot to hear from him ahead. plus, truly high drama in a utah courtroom. we've been following the case of the doctor accused of murdering his wife. his daughter has spoken out against him in court. her emotional and raw testimony coming up. could it put him away? >> we begin with an international game changer, germany and france, demanding a no-spy agreement with the u.s. a white house official offering the administration's take in a "usa today" op-ed, saying president obama is calling for a review of surveillance practices after reports world leaders, our allies, personally spied on. joe johns is in washington following developments. good morning, joe. the no-spy rule. whoever thought we'd hear about this? >> reporter: fascinating, chris. this is fallout from the latest revelations from admitted national security agency leaker edward snowden. the outrage is predictable, even though we know various countries spy on each other pretty regularly. german president angela merkel and the french president are calling for closer cooperation among the intelligence gathering services. there are reports now that the u.s. is alerting some foreign intelligence agencies that snowden has documents about their cooperation with the united states. we haven't been able to confirm that independently with cnn. it is important to say that over the last few days, the u.s. director of national intelligence, james clapper, may have seen some of this coming, issuing a statement saying that french reports that the u.s. intercepted 70 million pieces of communications data from france are false, calling it inaccurate and misleading information. clapper said, quote, while we're not going to discuss the details of our activities, we've repeatedly made it clear the united states gathers intelligence of the type gathered by all nations. the u.s. collects intelligence to protect the nation, its interests and allies from, among other things, threats such as terrorism, the proliferation of weapons of mass destruction. so there's a lot here, chris, and i imagine we'll be working on this for a few days. >> all right, joe, this is intriguing to say the least, when that which is always kept hidden is now out in the open. what's going to happen? we'll have to follow it. thank you for the reporting this morning. two u.s. citizens kidnapped by pirates off the coast of nigeria. the captain and chief engineer on a u.s. owned oil supply ship are the latest victims of violence in west africa's pirate infested waters. cnn's barbara starr is live at the pentagon this morning. you've been following all the developments, barbara. what's the latest that we know? >> reporter: good morning, kate. still no public word on the fate or location of the two americans captured, not even yet, a public announcement of their names. the two american mariners, the captain and chief engineer were kidnapped off this ship named "the sea retriever," attacked while traveling off the coast of nigeria, resupplying oil installations. u.s. officials say here in the gulf of guinea, it was another act of piracy on the high seas. >> we are seeking additional information about the incident so we may contribute to safely resolving this situation. obviously our concern at this point is for the safe return of the two u.s. citizens. >> reporter: the sea retriever is owned by the louisiana-based company edison offshore. 62 last year, an increase from each of the two years before. >> they're out for anything they can get their hands on, cargo theft is a large part, be it machinery, supplies, be it the actual fuel, be it prisoners that they take ashore and hold at ransom, kidnapping essentially. they're looking for money. >> reporter: the rise in violence off western africa is in marked contrast to the decline in attacks off somalia on the east coast. where the world's attention was riveted in 2009 when navy s.e.a.l.s rescued captain richard phillips after he was held by pirates. now, a hollywood thriller, starring tom hanks. since the s.e.a.l.s sniper team killed phillips' captors, maritime security has significantly improved off somalia but off the coast of nigeria, a different story. even now, european warships are off the coast, part of an exercise to improve security in this very unsettled oil-rich area. and the nigerian navy has issued a statement saying it will stage a rescue attempt but u.s. officials are telling us right now they just are not sure where the men are, where they are being held. kate, chris? >> first and foremost have to find them and then we can figure out how it happened and how to make sure it doesn't happen again in the future. barbara, thank you. let's go to john berman, in for michaela with the headlines. the contractors who built the obama care website testified that the government waited until very close to the launch date to test the system. and they went ahead with enrollments on october 1st despite concerns that there would be problems. a spokeswoman for the medicare agency is now admitting the site was not tested enough. five people injured, two seriously on a carnival ride at the north carolina state fair. this accident happening as people were getting off the vortex, which is a pendulum thrill swing ride when suddenly the ride started up again. the injured range in age from 14 to 39 and include the ride's operator. state inspectors are now investigating. a wounded survivor of the school shooting in nevada is speaking out this morning. 12-year-old mason spoke exclusively to cnn's stephanie elam, describing the terrifying moments before he was shot in the stomach by his friend, jose reyes. >> i'm like please don't shoot me, please don't shoot me. i looked at him. i saw it, he braced me and shot me in my stomach. >> he didn't say anything to you? >> he didn't say anything. >> i'm like please don't shoot me, please don't shoot me, he raised it, boom, shot me. >> another classmate was wounded and a beloved math teacher was killed before the sheeter turn the gun on himself. update now, a bulgarian couple suspected of being here biological parents have been questioned by police and have now provided dna samples. the woman has said to have admitted giving up the baby in greece. she denied reports that she received payment four years ago. and who ripped off the van winkles? see what i did there? authorities in kentucky might have a new clue as they try to track down some super expensive and very rare bourbon. they're hoping that this surveillance video will help them identify a person interest. nearly 200 bottles of this stuff, 200 bottles of pappy van winkle was stolen from a distillery. there are some people who think the this might have been an inside job. this will drive the price of pappy van winkle up even more. >> notice who is missing today. >> michaela? . wow. >> just saying. >> pointing fingers there. >> really. >> don't look in my cup. >> don't protest too much. >> just don't look in my cup today. >> you know who else who hasn't been around for a little while, indra petersons, aka, i love that stuff that has been stolen. >> i've been hibernating, guys. >> the cold scared you. eventually you remembered you had a job and back you are today. >> back i am. temperatures, this chill is spreading farther today, looking for it to go into the southeast. a lot of places under frost and freeze warnings. chicago, 32 degrees. d.c. not as bad, 40. it looks like new york currently coming in at 41 degrees. keep in mind, afternoon highs will be about a 10 degrees below average. for many of you, into the 50s. new york 55, boston 51. it will feel cooler for a big chunk of the day. gusty winds out there that will make it feel cooler than it actually is. some gusts 20 miles per hour or so. but as a lot of you are waking up getting ready for work, look at the temperatures, 30s in philly, new york 41, boston only feeling like 40. that's the reason, it's these morning hours that are tougher before the sun comes out. with that, the frost and freeze warnings that are out this morning. look how expansive this is. we're talking about from the plains to the northeast. today even stretching down into the southeast. big chunk of the country really being affected by all this cold canadian air. the jet stream digging farther south, even more people will be affected by this today. as far as temperatures you can actually see that. pretty good line here where that cold air is spreading in. birmingham, 39 degrees. that's pretty much the story. more people affected. definitely tough for farmers and everyone else acclimating like myself. >> good point. thanks, indra. >> sure. new details on the murder of a high school teacher. we're hearing from a tune who the saw her and her accused killer just minutes before she died. and the latest window into what concussions can do in the nfl and otherwise, that's brett favre, legendary quarterback, says he's having memory loss. he's only 44 years old. his thought, maybe the results of the hit he suffered in the nfl? we'll tell you his story, coming up. the day it's due. got a witness to verify that? just you. you called me. ok, that checks out. at discover, we treat you like you'd treat you. get the it card with payment flexibility. congestion, for the smog. but there are a lot of people that do ride the bus. and now that the buses are running on natural gas, they don't throw out as much pollution into the air. so i feel good. i feel like i'm doing my part to help out the environment. medicare open enrollment. of year again. time to compare plans and costs. you don't have to make changes. but it never hurts to see if you can find better coverage, save money, or both. and check out the preventive benefits you get after the health care law. open enrollment ends december 7th. so now's the time. visit medicare.gov or call 1-800-medicare