hearing, too, they seem to be stabilizing right now, 31 dead, 130 injured, 20 of those, critical, ten in serious condition. it happened at the bustiest airport that moscow has, the dulvow airport that handles most of the foreign air traffic coming in and out of moscow, including american air traffic. authorities are saying it happened in the international arrivals area of the airport. it's not exactly clear whether it happened in the public meet and greet area or behind security inside the baggage handling area, but both areas as we've been seeing from this vivid video coming in in the last few minutes, both areas have been affected. there are several reports it could have been, as you noted, too a. suicide, a homicide bomber, strapped with explosives, including shrapnel. there are reports of shrapnel around the airport, seven kyleoes of 17 pounds of tnt, the equivalent of what we've been hearing about, panic throughout the airport, walls coming down, ceilings coming down, smoke filling the airport, ambulances rushing to the scene. what's important, maybe, for our american viewers, jon, is that the word that we're getting now from the u.s. embassy in moscow is as of now, no american casualties, no american victims. but they are still checking things out. flights, having said that, have come in and out of this airport today from new york, boston, dulles airport, washington, as well as houston international airport. there also have been flights coming into moscow from various important european hubs, including london, so we're still checking out our foreign casualties. again, security, high alert throughout other transport hubs in moscow, and as for the possible source of this, a lot of fingers being pointed at the czechan separatist group, a former soviet caucuses area, islamist link. that's what they're looking at right now jon. early days, still. back to you. jon: i know russian president dmit remedvedev is saying it was a terror attack but we don't have yet a claim of responsibility, is that right? >> do not have a claim of responsibility. they're looking at likely suspects at this airport, alone, in 2004, there was a double suicide attack that killed 90, in march in the metro, the subway of moscow, there were also attacks and these came from that caucuses area of the former soviet union, separatist outfits linked to a larger affiliate of the islamic terror network, jon. jon: greg palkot. it is the scourge of the world right now, this kind of terrorism. greg, thank you very much. jenna: another fox news alert, to ohio where there's another breaking story, where we saw a series of fires erupting in a small community there, the community of fairport harbor, ohio, waking up this morning to about half a dozen fires in that town, partly having to do at least what we think so, for -- think so far, is having to do with natural gas lines in the area. very, very cold temperatures, residents were told to evacuate. now the mayor is telling the residents, listen, if you're home, stay inside, it's cold enough weather, as it is. make sure that your gas lines are turned off. but a breaking story, as we can see brand new video coming in. the red cross is there on the scene, setting up shelters. the mayor also saying there's been some challenges because of that weather, jon, the cold weather freezing the pipes, making it tough for firefighters but likely at this time we can report no injuries, no deaths by these fires, but a developing situation in that ohio town. certainly extreme weather, everybody. hi, everybody, i'm jenna lee. jon: imagine being told to evacuate in weather like this. i'm jon scott. we are in the fox news room and "happening now" a. fox weather alert, that brutal storm in the northeast linked to at least two deaths, temperatures plunging below zero across the region, wind chills make things far, far worse, especially in parts of new england, where it could feel as low as 50 below zero today. in fact, amtrak just canceled train service between new york city and albany because of the extreme cold. jenna: schools in the northeast as well, delaying openings to protect students from the extreme cold. others just are canceling classes all together. with temperatures this low, there's a threat of frost bite, hypothermia. there's a lot of concerns with this weather. maria molina is live with the weather. >> reporter: very dangerous cold. we want to take you live to maryland, near the d.c. area, where a water main break has closed the inner loop of the capitol belt way and this is specifically in prince george's county, so this is breaking news this morning, still going oranges and those very cold temperatures -- the other problem with the cold temperatures, below freezing, as that water comes out and goes over the roadway, it freezes over, making it impossible for people to navigate and you can see all of the damage, incredible images out of maryland because of this water main break and you can see those vehicles. hopefully no one was injured. no word yet on injuries. however, a very dangerous situation and aside from the water and freezing on the roadways, even without that it's still very dangerous. when you start to get wind chills 30 below zero, 50 below zero in as short as ten minutes it can add frost bite so that's another dangerous concern across parts of the northeast. currently 10 degrees in new york, in philadelphia, 15, washington, 25, a lot of the water will freeze object the -- on the roadways, the wind factor, it feels like 15 below in boston and seven below in burlington so layer up out there. it's really not going to warm up that much later today, our highs ending in the 20s in new york, philly, heading northward, burlington, vermont, in the single digits with the high expected to be at only 2 degrees. so as far as any precipitation for today goes across northeast, we're not expecting anything but there is a quick clipper system moving through the great lakes n region and that will be bringing in snow as we head into the overnight hours and also into tomorrow. very light snow. currently across the state of michigan, heading southward to parts of new england and also ohio. across the gulf, this is a storm that we are watching right now, bringing in light rain around the houston area and that is going to be moving eastward and strengthening and we are watching this storm very closely because as we head into tomorrow we'll be producing much needed beneficial rain across the southeast. on the back side of that we could see snow breaking out as that precipitation ends across tennessee and northern georgia, northern alabama, mississippi area, that really are not used to dealing with snowfall, and as that storm moves northeast ward this pink area is the tricky area. the forecast, it will start off with snow in washington, d.c. and in new york and as that warmer air creeps inland we could see that switch over to freezing rain or some sleet, making conditions very dangerous to travel. no word yet on how much snow we're expecting. that's the big question, with when this rain moves inland, that could kind of prevent that snow from really accumulating, crazy amounts of accumulation but one thing for sure, wednesday it's going to be a mess across the northeast. jenna: sounds like a good day to stay in and watch the news! maria molina, thank you. we'll check back in with you for sure. jon: right now president obama is preparing to speak to a group of military families. we understand the first lady is actually speaking in advance of her husband. as you can see, it is part of an effort to highlight ways the government is improving its support for those who serve in our military and our hats are off to all of them here at fox. you can watch the president's full remarks live. we'll have it streaming for you live on foxnews.com. jenna: republicans are preparing for a showdown over spending following tomorrow's state of the union address. the president says he will use the speech to lay out his plan for cutting the decifit while expanding the economy. it will likely mean new spending on things like education and infrastructure and technology. senate minority leader mitch mcconnell says it will likely be a tough sell for voters who sent a strong message on spending in the mid term. >> the american people think that we need to do something about this and start doing it now. we'll take a look at his recommendations, we always do, but this is not a time to be looking at pumping up government spending in very many areas. jen we'll see what the president says tomorrow. that's the subject of today's you decide poll. so far, there are more than 43,000 votes. go ahead and get in on that as well. the economy, the decifit, topping the list of what you want the president to focus on in the state of the union. wendell goler is live at the white house with a look ahead at this week, a big week for the president, wendell. so the president, the republicans, are both talking about spending cuts. are they likely to find any common ground? >> reporter: well, jenna, as you say, cutting the decifit is the focus of republicans, but it's just one of the issues the president will touch on. he says decifit reduction, along with education, innovation, infrastructure, and government reform, are the five pillars necessary for american competitiveness and economic growth. but his main focus tomorrow night will be jobs. >> we've got millions of our fellow americans who are out there struggling every day, don't have a job or haven't seen a raise in a long time, paycheck is shrinking at a time when costs are going up. and so my principal focus, my number one focus, is going to be making sure that we are competitive, that we are growing, and we are creating jobs, not just now, but well into the future. >> reporter: those comments in a video the president made for his group organizing for america. of course, the first lady will have some american heroes in her box at the state of the union address. she always does. we'll get a full list of them later today. but we know that one them will be daniel hernandez, gabrielle giffords' intern who stood by her after she was shot in tucson, arizona, and largely credited with helping save her life. jenna. jenna: wendell, when we hear from the democrats and from the president, some of what he's going to be discussing, does it seem like that's going to satisfy the republicans as far as what their goals are for the year ahead? >> well, probably not. the republican mantra is cut and grow. eric cantor of virginia says that means cutting both the budget decifit and government regulations. but the budget decifit will be the focus, so much so that congressman paul ryan of wisconsin, house budget committee chairman, will deliver the republican response to the president's state of the union address. last year, ryan proposed deep cuts in social security, a voucher program for medicare, cuts in the budget. now, with the republicans controlling the house he'll be able to make sure that his budget proposals are actually voted on, and ryan says he will only agree to extend the country's debt ceiling, which will be necessary this spring, if there are, quote, substantial spending cuts and controls. jenna: that has to be done by the end of march, so that's certainly coming down to the wire. thank you very much, wendell goler at the white house today. jon: here's a stoafer that's -- story that's not going to make you happy, the mortgage giants at the center of the 2008 housing collapse, they're getting sued for fraud and guess who's paying their legal bills? also the accused arizona gunman enters court, expected to enter a plea on federal charges. we'll have details on what's ahead for him in court, next. we know a lot of you are online while you're watching. i've been chatting with some of our friends in the chat room already. during the break, check out the hottest headlines by logging on to foxnews.com, click on the most read link on the home page and see what's hot. jon: a fox news alert. sad news out of florida, where two police officers are now reported dead, after they were shot by a suspect they were trying to arrest earlier this morning. patti an brown is on the breaking news desk with more. patti an. >> reporter: jon according to the associated press, it is confirmed two police officers shot in florida have died t. happened in saints petersberg. police spokesman mike wets saying the suspect was being served with a warrant when the shooting broke out. two cops and a u.s. marshal were hit and two of the victims died. the suspect was being charged with aggravated battery and other felony counts. a police spokesman says a s.w.a.t. team is still at the scene, the suspect remains holed up in a house on that block, police having an ongoing conversation with the suspect by phone. a nearby middle school has been placed on lockdown. this shooting apparently took place at the suspect's house, this was in the 3700 block of 28th avenue south. again, in saint petersberg, florida, tragedy today, two law enforcement officers killed in a shooting, jon. jon: patti an brown on the breaking news desk for us, thanks, patti ann. jenna: we're waiting for the accused arizona gunman to appear in court today, 22-year-old jared loughner will be arraigned on several charges of attempted assassination of congresswoman giffords and the attempted murder of two of her aides. you might be wondering what about the charges for the six people killed, and the dozenso dozen others that were injured. well, we do expect more federal and state charges. they're going to be coming down for this case. it could take years to prosecute. certainly a lot of legal maneuvering going on. coming up in the next hour we're going to have a live report from the courthouse in phoenix, jon. jon: meantime, doctors treating congresswoman gabrielle giffords say her condition is improving daily. but she remains in the intensive care unit of a houston rehabilitation hospital because of a buildup of fluid in her brain. mike tobin, live outside memorial hermann hospital in houston. mike. >> reporter: jon, no days off from therapy, that's what husband mark kelly sent out as a twitter message indicating that representative giffords has been doing therapy every day since arriving here at the hospital in houston. we've gotten new video of the intensive care unit, the neuro intensive care unit where she's being treated, the video shows -- video shows a different patient, overall representative giffords continues to surprise and impress both doctors and staff with how well she's doing. >> people who have known her know what kind of fighter she is. now, a lot more people know her, and she's just amazing. she is fighting every single day, every single minute. >> reporter: the dramatic development that doctors reported over the weekend came at one point when they asked representative giffords to move her leg up on to the bed, she wung it up there, much more dramatic fashion, much more aggressively than anticipated, surprising doctors with her ability to move at this stage of the game. you talked about the complication, the fluid buildup in the head. this is something the doctors had been keeping their eye out for but as long as they're dealing with that building up of fluid they won't move her from the intensive care. jon: mike tobin, thank you. >> you got it. jenna: from houston, we take you back to d.c. and a big story we're watching that affects your money, fannie mae, freddie mac, along with top executives are caught in a slew of lawsuits related to their role, allegedly, in the mortgage crisis. since the government took over both companies, taxpayers, you and i, are set paying some of the legal bills, maybe all of them. steve centanni is live from washington with this story. >> reporter: jenna, taxpayers are on the hook for about $160 million to pay the legal bills of the two troubled companies, and that price tag is mounting every day. now, according to "the new york times", most of that money, $132 million in legal fees were paid to defend fannie mae and its officials in a variety of lawsuits, including fraud. a good chunk of the expenditure went to defend top fannie mae executives, franklin raines, its former chief executive, timothy howard, the former chief financial officer and former controller leanne spencer, accused of accounting irregularities before the meltdown of 2008. the newly revealed price tag came as a surprise to many, including the comeman who will be investigating fannie mae and freddie mac. >> all of us were shocked that some of the people that haven't been in that organization for a number of years, and that for some people, feel like had culpability and getting this in the shape they're in, we're still advancing them money for legal fees and somehow that i don't think passes the smell test. >> the federal agency with overnight is the federal housing agency where the acting director says he understands the frustration but goes on to say it's my responsibility to follow applicable federal and state law. consequently on the advice of counsel, i've concluded the advancement of such fees is in the best interest of the conservatorship. congressman nuergenbauer says his committee will be looking into this in the next six months. jenna: $132 million so far. thank you, steve centanni. jon: russia's president calls it a terror attack, that horrific explosion that rocked moscow's international airport. thirty-one people at least are dead. a scene of car naj inside the -- carnage as you can see from this cell phone video just fed into the fox news room. live coverage and comment from the white house, straight ahead. also, in the northeast, it is winter's icy grip that's taking hold. temperatures in some areas, falling well below zero. so what's being done to keep folks safe in this dangerous arctic weather? that's next. >> very cold. this is the first time for cold, too much. >> absolutely freezing. >> unlike anything i've ever experienced. it hurts to breathe. >> it's freeze, it's bitter and cold and windy. very windy. >> this is too cold! >> jon: bitter. that's the word for it. cold temperatures that are gripping the northeast now and they are dangerous. a connecticut woman apparently fell and froze to death in her driveway over the weekend. in pennsylvania, a man died from the cold after spending the night in his car. so what can you do to try to keep you and your loved ones safe? let's talk about it with fema administrator gregg fugate, he joins us now. a lot of people wouldn't think of fema as sort of a cold weather agency. we think of you as maybe the hurricanes and tornado agency but cold weather? >> well, we just try to help. again, in this type of extreme cold, it's really important for people to practice safety, stay warm, stay inside if you can. but you know, our real concern as you point out is extreme cold weather can be deadly from hypothermia. people need to protect themselves and also do something else, check on your neighbors, particularly the elderly or those who have additional needs but as we've seen tragic accidents become deadly. jon: for instance, the woman who tripped in her driveway, hurt herself so she couldn't move and wound up freezing to death. that's something to be -- to be on alert for. >> this can be deadly in this type of weather and if you know somebody that may need help or elderly folks that nobody is checking on, do them a favor and check on them, make sure everybody is warm and safe now. if you need tips on how to stay warm in this extreme cold, we have information about cold weather but if you've got to go outside, dress in layers and be careful, because we know home fires and accidents can occur during this time, when people are trying to stay warm and as we've seen already, unfortunately, extreme cold can be deadly. jon: what's so interesting about this, and so tragic, is that we're not even talking necessarily about a snowstorm or a blizzard. you've got some suggestions on the website as to how people can deal with that. and it's very much like preparing for a hurricane. >> again, you know, a lot of this is coming back to the steps you would take to make sure you have a family plan for different types of hazards. if you're not having to get stuff because you're ready and it's stroomly cold and you can stay somewhat warm, that's great. having a safety kit in your car in case it breaks down, even in this extreme cold, if your car is broke down and you can't get somewhere, it can be dangerous, so having those supplies in your car, your supplies at home, having 245 plan -- having that plan, in case, to get through the extreme weather. jon: craig fugate is administrator of the fema agency. thanks. jenna: new developments in the case of the woman accused of kidnapping an infant and raising that girl as her own. the suspect, making her first court appearance, just days after that little girl who's now 23 was finally reunited with her real mother. we're going to have a live report just ahead. also, president obama, likely putting the finishing touching on tomorrow's state of the union address. so what is it like for his team in the final hour before such an important speech? we're going to take a look inside from the man who worked with president reagan to craft this historic moment. >> gorbachev, tear down this wall! jon: we are awaiting the court appearance for a woman accused of kidnapping baby 23 years ago, ann petway kidnapped the girl and just turned herself into connecticut police, just days after the victim now 23 was reunited with her real mother. julie banderas is following this live outside the federal courthouse in new york city. after all this time, why did ann petway turn hrs in, julie? >> reporter: this all went down in connecticut, jon. apparently she had seen herself on television and when she did she got scared, she called police in bridgeport and that's when the fbi contacted her and got her to turn herself in, where she will face federal kidnapping charges here at federal court in downtown manhattan. she had been wanted, an arrest warrant was issued last week, for embezzlement charges and for violating her parole, which would essentially require her to get permission to leave the state of north carolina. police weren't exactly sure whether or not she had left the state. but it's interesting, because they were looking for her, because they wanted to question her in relation to this kidnapping. she weren't necessarily going to be pressing charges, but indeed those charges will be pressed today, kidnapping charges dating back to 1987, jon. jon: so kidnapping, any other charges as a result of this? >> the federal kidnapping charges which she faces here, she was also arrested last year, where that mug shot thatby have was taken last spring. those were from embezzlement charges. there was attempted embezzlement. north carolina law essentially calls it embezzlement if you are steamenting -- attempting to steal, where she stole from her company. it's interesting because this goes back to north carolina where she had raised 23-year-old carlena white, named her nanz and it wasn't until the last year or so where she started searching on the internet for different missing children's cases in 1987, found a picture that looks like her baby now, she has a baby, then went ahead and called and turns out she was the missing child from back in 1987. a very twisted case. she was reunited with her family last week, a very emotional reunion, and no essentially ann petway could face up to life in prison. we'll know when she faces those charges later this afternoon. jon: she apparently solved her own kidnapping. just an amazing story. julie ban der ras. >> reporter: sure. -- banderas. >> sure. jon: thank you. >> mr. gorbachev, tear down this wall! jenna: well, those words, help to go underscore really a magical moment in time, and sometimes, that's truly what a speech can do. right now the president's team is working to do the same thing as we count down the hours to the state of the union address. for a look behind the scenes we welcome our next guest, peter robinson, served as former special assistant and speech writer to president reagan, he helped craft that memorable speech we saw there, we saw a short clip up and a few state of the union addresses you have under your belt as well. tell us a little about what's happening right now behind those closed doors at the white house. >> if the obama speech writers are like us reagan speech writers, they're taking aspirin and alka selzer. they have developed a coherent draft, what happens in the state of the union address, everybody in the government, cabinet officials, directors of all the big agencies, keep trying to add material to the speech. the problem with the state of the union address is always that it tends to become a laundry list of policy proposals, when the speech writer and of course the president want something that's tight and thematic and memorable. so my guess is right now, they're fighting off efforts to add what they would view, what my fellow speech writers would view as attempting to kind of board the ship and overlay it with junk. it's very likely what's happening, jenna. jenna: it doesn't sound very romantic. enjoyabling, popping alka selzer when you're trying to create this moment. >> the state of the union, speech writers hate because essentially everybody in the government sends in paragraphs that they really want the president to include and it's the speech writing's office's job to keep it slim, thematic and to impose a kind of overall sense of coherence and unity. hard to do. jenna: if you have any advice for this team, what would it be? >> well, for the team and for the president, i would advise him to act like a fallible human. my advice would be with regard to -- well, my advice, if they listened to me, they'd give a speech cutting taxes and regulation. they won't do that, of course. with regard to style and the thematic approach, president obama has been so intellectual and aloof and seeming to be intense and above it all, i'd have him relax, i'd have him open with a couple of jokes, i'd have him act like a fallible human being, don't attack any supreme court justices, adopt president reagan's technique of spending a few moments at the beginning of each speech, cheering people up. that would be memmable. jen what kind of joke? knock-knock jokes, peter? what are you talking about there! >> well, the moment you try to build some humor, that relieve any tension. right now, of course, as people prepare for the speech tomorrow evening, the tension is you've got a president of the united states, he's still the president, his popularity is still at reasonably high levels, he has his base who love him and he'll be addressing a chamber, the composition of which has changed dramatically since the last time he addressed the chamber, far more republicans and those republicans in the house, the 63 new members, are quite conservative members. they're intent on rolling back what the president has done. so the question is, in everyone's mind, how do we work this out, how do we achieve some kind of mode of operation that is at least superficially gracious, civil. so if he makes a joke at his own expense about the changing composition of the chamber, about the different position at which he finds himself, he could release the tension, prove more human, perhaps, than he has in the past. that would be a big success. jeb jeb that's good advice for all of -- jenna: that's good advice for all of us, who have to make a speech, to cheer people up. how many changes are made just in those last five minutes up until the speech and do presidents ever just decide they're not going to read what you gave them? >> that varies a lot from one president to another. with president reagan, he was so professional, competent, that the changes got made hours, usually the morning would be the final changes, and he wouldn't go on the air until # o'clock that evening. with bill clinton, from what i understand from fellows working with him, he was making changes in the limousine on the way to the cap hole. my -- capitol. my guess is, with obama's team, they may be making changes through lunch time today. how's that? >> jen we appreciate your insights, we look forward to talking to you again. thank you very much. >> thanks jenna. jon: a fox news alert -- alert, an update on that powerful explosion that ripped through moscow's busiest airport. an airport spokesman now says the death toll has risen to 35 people, 130 others wounded. take a look at some of this cell phone video that was shot just moments after, inside the airport terminal building. russia state news agency is reporting it might have been the work of a homicide bomber. that is yet to be determined. we are awaiting a statement from president obama. we have been told the white house will be issuing some kind of a statement, but as yet, that has not occurred. white house spokesman robert gibbs says that the president will be addressing this attack in a briefing just moments from now. more as we get it. but all kinds of chaos at domodenovo airport, the international airport, it happened in the international arrivals hall. and again, it's believed to be the work of a suicide or homicide bomber. and no claim of responsibility just yet. chechen reboundels are the leading suspects at this point but that's not been officially determined. jenna: a developing story there. also closer to home, the weather, a big story, firefighters in ohio, battling cold temperatures, along with flames. a string of fires, flames, under the buildup of pressure in natural gas lines. the latest on the evacuations and dangers, straight ahead. plus, who should have the final word when it comes to law enforcement in your community? a brand new proposal could force the federal government to seek approval from local sheriffs on things like searches and arrests. it's sparking a huge debate across this country. we're going to take a closer look, just ahead. jenna: happening right now, an effort in montana that may have national implications. a state -- state senators there want a law passed that would make sheriffs the supreme authorities in their counties, and that means that federal agents would be required to obtain written permission from a sheriff before conducting a search a. seizure, or arrest in a county. this has sparked a big debate as you can imagine, across the nation as well, about what the law would mean and whether it's even constitutional if sheriffs just take over in their counties. joining us now, former federal prosecutors doug burns and trial attorney seth barenswig. both say there are constitutional issues with this law. doug, what are they? >> first of all when the dust settles from the idea of this town isn't big enough for more than one sheriff and all of that, the fact of the matter is there's no way -- let's say the irs wanted to do a search warrant in a case involving federal income taxes which is strictly a federal crime, there's no way that a law that would require the irs to get permission from local law enforcement could possibly be enforced in the courts. that's impossible. the general notions that apply to this are the supremacy clause of the constitution which makes federal law supreme and there's a whole host of other legal issues that i'm sure seth could address as well. jenna: seth, go ahead and do that, because you said that maybe if this local law was amended it might work. >> well, right. this is clearly an example of a voice of frustration and mistrust of the federal government coming out of montana, and people are hearing it very loud and clear. there's an interesting example where people are seeing things happening muchs -- such as innocent people thrown out of their homes based on bogus mortgage applications and forms and there's a whole mess from a regulatory standpoint and this is a result of the frustration of that problem. i do there's a problem under the supremacy clause here but there's an amendment to the law that can work. it respects certain instances such as federal pursuit and things happening under the federal enclave and if there's a notice of coordination statute and less of a permission statute there is a way this law could work. jenna: seth brings up a good point. we are seeing in the cases he mentioned some good examples of where there's questioning of federal authorities and whether they really know the community and whether the power they're using is appropriate and really according to the constitution and the way the relationship between the state and the federal government is supposed to be so where would you go with that? >> state federal issues have always been a big issue. we have 50 individual state governments obviously and the question becomes wait a minute, how do they relate and interact with the federal government. under the constitution a state can't pass laws that conflict with it. but you know, seth's point really has to be put more under a political all brela, in other words, we see references to waco, texas and ruby ridge and disgust and hatred of the federal government. i understand all that. but this legislation, as i understand it, would make it a crime, incidentally, guys, for a federal officer or agent not to get permission to effectuate a search warrant? that's ridiculous. there's no way that's going to be upheld. >> but there's a lot of instances in the law, state and federal level, where the authorities work together in coordination in terms of joint task forces on the federal level, in business litigation, in terms of getting prior coordination with sheriffs' procedures and warrants and being able to levy on a business judgment. so i agree with you there are problems with this, but there are already instances where there are local coordination and notice requirements that already happen in criminal as well as in business law. >> but seth, in a joint task force under this legislation, as i understand it, i don't understand how that harmony is going to happen. there's always a tension in various investigations into state and federal law enforcement, but under this law, you need permission from the sheriff to even create a task force, i guess. jenna: and just real quick, seth, your final thoughts on this, but to doug's point, a federal agent f. they were not to get permission under this law could be found guilty of kidnapping, trespassing, homicide, but even there's a question that if the sheriff stands in the way of the federal agents, they could be prosecuted according to federal law and that could create a whole issue for the law enforcement on a local level that they could be breaking the law as well. doesn't that get messy? >> there is a problem under supremacy clause that does need to be fixed but people really believe that things are broken in washington and therefore if there's a change in the law that goes away from permission and more towards coordination there's a lot of instances where people can feel less of a disruption and feel there's more help locally on the ground if they work through the legal issues. jenna: very interesting a. very interesting story that's popping up in montana we're going to follow it. doug and seth, thank you very much for joining us today. >> my pleasure. >> thank you. jon: today is the march for life in washington, d.c. thousands are taking to the streets in this subfreezing weather in support of the prolife movement. we'll have a live report from that protest in just minutes. plus, some scary new numbers out about methamphetamine use in this country. shocking statistics on methamphetamine which actually comes from some of the products you're looking at there. are your kids at risk? jen brand new images from moscow, where what happened during our day here, there was an explosion at the airport and what you're seeing is brand new images of one of those injured in this attack. we've heard from the russian president who said it looked like a terrorist attack, but there's a lot of unconfirmed reports at this time about what exactly happened at the airport in moscow. we're hearing reports that at least 35 people are dead, we're hearing otherso from others that # one are dead. there's a mix of information out there. but at least 100 people injured and what you're seeing on the screen, amateur video of what happened after this blast went off. so a developing situation. a very busy moscow airport today. one with still a lot of questions we're still searching to get answers for. we'll keep you updated as we hear more. >> okay, lay it out. >> you did it, kid. you're in. >> you're one of us now. >> you did it. >> we need to be shooting up together. >> steal together. >> you're going to love every single minute. >> i'm trying it just this once. >> [laughter] >> jon: it's back. a growing problem with a dangerous drug in america. new statistics show methamphetamine use among adults increased by 60 percent in the past year. mexican during cartels, said to be the number one source of the meth sold in the u.s., they've managed to get around strict rules that made it harder to buy cold medicines like sued federal that -- seud federal that are -- pseudefed. look at how dangerous this is, look at the before and after photos of a person who was addicted to the drug. some states are turning to a national program for help. let's talk about it with john southers, the attorney general for the state of colorado. a lot of people thought methamphetamine sort of went away five years ago, the federal government passed a law that made it tougher to buy large quantities of pseudefed and products like that that have the raw ingredients to make methamphetamine. what happened? >> a couple of things have happened. number one, the manufacturers in the united states have found a way around those behind the counter limitations. they hire people to go out by the hundreds and buy quantities from various stores, they use fake i.d.s, we call it smurfing, to the lab activity is back in the ups, but still the mexican cartels and their superlabs are the primary source of methamphetamine in the country. jon: so there's more of it and as i understand it, it is more pure now than ever before and that means more addictive. >> that's exactly right. it's more accessible and probably higher quality, if you will, than ever before, and it is an extraordinarily addictive drug. jon: more addictive than heroin. so this ad campaign, some of which we just showed, is trying to help young people, and it's not just young people who are falling victim to this, they're trying to help him understand that you try this drug once, you may be hooked immediately. >> we're trying to discourage first use. we have to change young peoples' attitudes towards the potential risk of the drug. and we're succeeding, in montana and idaho, colorado, there's a total of eight states that have the method method -- meth project campaign, we are turning kids' attitudes towards the drug dramatically and they now see much greater risk in the the drug. that's deterring first use. jon: john southers, colorado's attorney general, we wish you well as this project goes along. >> thank you very much. jenna: a massive water main break near washington, d.c. is causing double trouble, freezing temperatures, turning this water into ice, on one of the nation's busiest roadways. how long is this wintery blast expected to stick snarn and the latest on a new storm on the way, just ahead. ♪ and the sky was turned off ♪ that was before ♪ that was before ♪ you came along and you played me a song ♪ ♪ with a little bit of love ♪ and a little bit of yeah, yeah ♪ ♪ la , la la jenna: we have fox news alert. breaking news out of florida today, st. petersburg in fact where two police officers were shot dead after trying to arrest this man, this just released now from our local affiliate there. the suspect in the shooting, hidra lacy jr., a 39-year-old. one with a steep criminal history that included grand theft auto, aggravated assault, resisting arrest and then also these charges that he went and served time for, sexual battery, kidnapping, he's a registered sex offender. his name is hidra lacy jr., the suspect in the shooting and murder of two florida police officers this morning. this is certainly a developing story. apparently what we hear from our local reports there is that these officers were trying to issue an arrest and got shot in the process and unfortunately gave their hraoeufts in the linf duty. more to this story as it comes. we have a suspect and police and authorities are looking for him down in st. petersburg, florida. jon: president obama will address congress and the nation tomorrow night delivering his second state of the union message. the president's main focus will be on creating jobs and making american competitive. the speech will outline his legislative agenda in the face of some republican opposition and try to set the tone for hisee election campaign. let's take a look ahead with bret baier the anchor the special report. the president has an interesting job ahead, he's trying to change the tone in washington, he says, he's also changing some of the language, for instance he just replaced his economic recovery advisory board with the council on jobs and competitiveness, that seems to be his focus these days, jobs. >> reporter: and it has been as we've seen many times, jon the president talking about that. there were questions by republicans about whether that focus was in fact a focus, while the administration was pushing the healthcare law in the arrest leearlyparts of the president's. i think you'll hear the words competitiveness, businesses, investments. republicans view those words as spending on programs like green energy projects that this administration is very encouraged about and wants to push. republicans, the battle that will develop is about spending. and republicans want to take the spending back to 2008, nondiscretionary spending, back to those levels. the administration, it's not clear that the president is willing to go there. we'll hear about spending cuts in the state of the union. there is one interesting development and that is the corporate tax rate. the indications out of the white house is that the president is going to announce that the corporate tax rate, he wants it to come down, but also that there be court right tax reform, in other words eliminating credits, some deductions, some loopholes they call them. the treasury secretary said they wanted to be revenue neutral or will not lose revenue on net. what they are not saying is whether it will go up on net. you really have to look into the details of what the proposal is to see if corporate tax rates may in fact on net go up under the plans. jon: he argues that he wants to make american business more competitive and american workers more productive. republicans argue that it's tough to do that when you're increasing regulation on american business. >> reporter: that will be a big part of this group that the president has set up, looking at regulations. whether there will be a pull back on the number of regulations, republicans both to the point healthcare as just one example of where regulations that are coming out all of the time from health and human services are affecting businesses around the country, and that is one of the reasons the republican leadership really wants to take down the healthcare law. as you know, that is likely not going to get all the way to the president's desk. the house republican leadership believes regulation is going to be a major issue and you may hear some of that in the state of the union address from the president. jon: thank you for getting on the air early and joining us today. he anchors special report monday through friday, 6:00pm eastern time. tune in for the best political reporting from inside the beltway, coast to coast special report. jenna: "happening now" thousands turning out for an annual prolive rally in washington d.c. doug mcelway is live in washington. cold temperatures, are they keeping the crowd away? >> reporter: not from what i can see so far. i can't really tell, i'm at head level right now, we have tens of thousands of people. it's been increasing over the past few minutes. this group is committed to their case more than any group that gathers in washington. they pulled together about 20,000 people the first year and in subsequent years it has grown and grown to the point where they get 25 250 people. keep in mind that they do it virtually every year, even on days where it's about 15 degrees, which it was when we first started out here this morning. jenna: one key difference from last year is of course now the republicans are in control at least in the house. does that change any part of the pro-life agenda, doug, anything we should take away from that? >> reporter: it certainly helps them out. we are expecting eric cantor to speak here momentarily. i was just e mailed some of his remarks. he says the tide has turned. our majority has been energized with a strong crop of pro-life people. this bill is at the top of our agenda, those words from house majority leader eric cantor. keep in mind people say there is a risk in all of that. any deviation from brought control of the republican house to more social conservative issues is a risk. i put that question to the director of priests fear life. >> we don't present it as an either or we want people to focus on fiscal and economic issues, there is a moral component to that t to. we believe when people get the message we are trying to convey, life matters, people matter then they will take the right position on economic matters as well. >> reporter: senator roger wicker, is going to be announcing his introduction of a new bill it's called the life at conception act it would declare that the right to life guaranteed by the constitution begins at conception or begins at for the t fertilization or a. that is something the founding fathers never anticipated, jenna. jenna: thank you very much. jon: cold out there. the man accused of committing the massacre in tucson two weeks ago will face a federal judge in just a few hours. jared lee loughner accused of killing six people and injuring 13 others, including congresswoman gabrielle giffords. he's tasting new charges today, more expected in the days and weeks ahead. to break this down for us, casey stegil joining us live. >> reporter: the road right back behind me in downtown phoenix in front of the federal courthouse was closed down. we saw a strong police presence on the west side of the building. we assume jared lee loughner was brought into the courthouse here although the hearing doesn't get started for another few hours. at 1:30 local time, 3:30 eastern. two pretty big things are going to happen. jared lee loughner will enter a plea, and then the trial date will be set. now let's bring you up to speed over the w weekend prosecutors filed a motion asking to move all future court proceedings down to the tucson area, so that the victims do not -- jenna: we want to take you to d.c. and the press secretary robert gibb. >> we share our sorrow and a revolve to stand with you in our common fight against those who use terrorism for their political goals. my thoughts are with the families of the victim and we are praying for a successful recovery for all of those who were injured. the president was briefed on these events at 10:45 in the oval office by john brennan, separate and apart from his presidential daily briefing. so with that -- >> on the attack, what would be your initial sense that it would be the work of rebels as opposed to some groups -- >> i'm not going to -- i don't think it would be a good idea for me to get into that. obviously we are continuing to gather facts to talk with the russian government. we would extend any assistance that they might want, and officials here and throughout our government will stay briefed throughout the day on it. >> and on state of the union, your response to comments by mcconnell and cantor basically holding the line on new spending. >> look, i think many of you will find this to be assem i unsatisfying briefing, the fact that i am not at noon on monday going to talk or give a lot of what the president is going to say on tuesday. i will say that i think you'll hear the president, as we've discussed, speak -- spend most of his time talking about the economy, talking about the challenges that we face, both in the short term, in terms of doing whatever we can to help create jobs, in the medium and long term to continue working on issues like calm petition tiff necessary and innovation and insuring that in the medium and long term we get our fiscal house in order. so i think this is -- we are not going to have any debate in washington about whether we need to make some changes and whether we need to control our spending, we are going to have hopefully a bi-partisan discussion and work together and how we go about doing that. jenna: that was the press secretary robert gibbs. we wanted to take you there as quickly as we could, because we were waitin waiting on commentsm the president on what happened in russia today. there was a huge blast at one of the airports in moscow. 35 people dead, dozens and dozens injured. we still do not have anyone claiming responsibility for what some are calling a homicide bombing. the president issuing a statement through robert gibbs talking about standing in solidarity with the russian people and talking about any people in fact that suffered at the hands of terrorism. that is find of a loose translation of what the press secretary had to say. we don't know the source of this attack, very few details at this time. the president issued a statement talking about standing with russians who suffered because of this. again a developing situation. you also heard from robert gibbs, he's in the going to say too much ahead of the state of the union address tomorrow morning. but he's going to focus on the economy. jon: deadly cold weather and another storm on the way, could hit some folks very hard. we are live in the fox weather center. plus the forecast for jobs, what a new report has to say about the outlook for hiring in this country over the next six months. you'll want to hear it. 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[ both ] ♪ oh what a relief it is! jon: just into the fox newsroom, arizona police have stopped a truck filled with suspected illegal aliens, patti ann brown is watching it from the breaking news desk. >> reporter: more than a dozen arrests in arizona, considered the hot pwefd the illegal immigration debate. kazv took this video of 11 undocumented immigrants and two suspected smugglers were caught. their truck apparently broke down on interstate 10 near 40th street. at 8:30 this morning a dps officer who happened to be in the area noticed the broken down truck and he saw movement inside. it turns out a tarp was covering these illegal immigrants. they were in the bed of the truck. so we have 13 people in custody now, this includes the alleged smugglers, and the eleven victims. jon, 13 arrests in east phoenix in morning. jon: thank you. jenna: let's talk a little bit about the economy now. a new report suggesting job seekers may have some reason for hope. that would really be good for all of us. the national association nor business economics suggesting more companies are ready to begin hiring again. at least that question of why now and what is really driving this optimism is this something we can hang onto. steven moore, the senior economic writer for the "wall street journal," are you optimistic as the survey suggests? >> isn't it wonderful to have good news on the economy. it's been about three years since we could say anything tpaeufrl. the report indicates what a lot of other signs are suggesting which is that for the first time in about two and a half years employers are starting to put out signs that they need new workers, which is a very good piece of news, especially in areas like retails. banks are starting to make loans again to small businesses, which means that they can start expanding. it's amazing, jenna, even manufacturers are hiring again. it's been an even longer time since that happened. i'm optimistic. i think 201 is looking like a pretty positive year. jenna: what is driving that? what would be driving the demand or that optimism to go ahead and hire someone and get them on your payroll. >> first of all there is just a natural economic cycle. this has been one of the deepest recessions that we've had in decades. you just naturally expect employment to start picking up after you've seen such a massive decline, 14.5 million people unemployed. i think one of the real trigger points for the turn around in the economy was when president obama finally signed that tax cut extension. i think it both had a real effect but also kind of a psychological effect that washington was going to stop this kind of assault against business. it's interesting, isn't it, by the way, that the expansion is really starting after all that stimulus money was spent. so i don't think the stimulus really had much affect at all, in fact i'd say it was probably a negative. jenna: it's interesting to hear that ahead of the state of the union. we wanted to mention that the survey we are talking about was taken just after the tax cut compromise was reached, so to your point that might have played in. just a quick final thought here from you steve, about jobs. there was a huge article in "the new york times" magazine about the president searching for new ideas from his team, new ideas to create jobs and create demand and create a competitive economy. do you see any new policy ideas coming from job creation or is this part of the cycle where we see an event ooh pick up from a slow down in our economy? >> first of all let me say i don't want to be too optimistic. i'm sure a lot of people watching the show will say, what is he watching about? we have 14.5 million people unemployed. let's not kid ourselves the employment picture right now is still pretty grim,ess special leer for people who don't have jobs. i love the idea in terms of what we can do to get more jobs, what you guys were just talking about with bret baier, the president may be talking about cutting the corporate tax rate, that's something i talked about on this show for months. why don't we bring our rate down so we are not one of the highest tax rate count there's on businesses in the world. that would be a very positive thing. we reported in the "wall street journal" last week, president obama is looking at now relaxing regulations that are having a real crimping affect on the ability for businesses to hire workers. it's an upbeat picture. the president will certainly celebrate this tomorrow as every president would in the state of the union address. jenna: we'll see if we hear about any of the issues you just mentioned. those are great stories. always great to have you, steve. >> great to be with you. jon: there is now information on the video you're seeing on your screen right now. the bombing at the domodedovo airport. it is believed to be the work of a homicide bomber. why? police say, authorities say that they have found the head of the possible suspect at the scene of that explosion. the news coming from the interfax news algt see. the bomagency. we'll give you more information as it becomes available. so benny, i'm proud of you. welcome to the 21st century. thank you very much. you're on e-trade. huntin' down stocks, bonds, etfs. oh i love etfs. look at you. why don't you show me your portfolio? i'd love to... i already logged out. oh no, it's easy, actually, to get back... see where it says history? there's a history? yeah, it'll take you right back to the site you were just on. well the last site... 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[ male announcer ] e-trade. investing unleashed. jon: be careful what you wish for. there are more twists in this ration to riches story for a woman from idaho. holly lathi is her name. she just won $190 million playing the lottery. but shy might not want to spend it all just yet. she could have to split the jackpot with her estranged husband who has a record of domestic abuse. eric shawn has the story live from our newsroom in new york. >> reporter: believe it or not she won $190 million. 1-9-a0 in the mega millions lottery. now show has disappeared. she is 29 years old. apparently she has decided to take her winnings as a lump sum, that means she gets $80 million after taxes, 80 millions but apparently she's gone underground. she's quit her job at a bank, told her friends not to talk to reporters. the mugshot was taken after she's and her estranged husband josh were both arrested on domestic charges. the charges were dropped and the couple has separated. it turns out josh could claim half of her money. he served time in jail after being charged with kidnapping and domestic abuse over the years and failing to make child support for the two daughters. holly didn't show up at the news conference when the numbers were announced. one of the big checks was waiting for her. it's unleer what she will do. friends say the mugshot that you saw does not reflect the hard-working mother of two daughters, that she has moved on from josh, but they are still technically tied by the bonds of marriage. and guess what? under idaho law couples must file for divorce in order to be legally separated, and holly and josh never did any of that. that means josh potentially could cash in but there is no word on if he will try. when a reporter told him holly hit it big in the lottery. josh was quoted as saying, quote, that's awesome, i won't have to pay child support. jon: i bet when he learns it's 190 million bucks, i imagine he'll want some of that. jenna: congress drawing battle lines over spending, what the president wants and how republicans plan to push back. extreme weather causing a water main break in the nation's capitol. your forecast next from the fox weather center. ♪ [ folk pop ] [ man ] ♪ if you got worries then you're like me ♪ ♪ don't worry now i won't hurt you ♪ ♪ and if you got worries then you're like me ♪ ♪ don't worry now i won't desert you ♪ ♪ [ continues ] [ annocer ] when it comes to the things you care about, leave nothing to chance. travelers. insurance for auto and home. eggland's best eggs. the best in nutrition... just got better. even better nutrition -- high in vitamins d, e, and b12. a good source of vitamin a and b2. plus omega 3's. and, 25% less saturated fat than ordinary eggs. but there's one important ingredient that hasn't changed: better taste. better taste. better taste. yum! [ female announcer ] eggland's best. better taste -- and now even better nutrition -- make the better egg. to london starts with arthritis pain... and a choice. take tylenol now, and maybe up to 8 in a day. or...choose aleve and 2 pills for a day free of pain. enjoy the flight. or..can gettingve and 2 pills enough vegetablesee of pain. make you feel good? oh, yeah. v8 juice gives you 3 of your 5 daily servings of vegetables. v8. what's your number? jenna: extreme it is, brutally cold weather in the northeast has now turned deadly. at least two deaths blamed on these freezing temperatures you're seeing. as we know it now not much relief in site. meteorologist maria molina can tell us a little bit more about that. maria, just tough temperatures. >> reporter: very tough temperatures. today has been the coldest, or is the coldest day so favre our winter season, and you can just take a look at some of the temperatures here across the northeast. this is where the core of the arctic air over the united states is focused in. 4 below zero in burlington. 7 in boston. it feels like 12 below zero in boston and burlington. this is when you need to layer up on all of the coats. it won't get much better throughout the rest of the day. we will get sunshine but that really won't help to make things feel warmer. it's only going to get up to 20 degrees in new york city, 11 in syracuse and 2 in burlington. the high pressure system or the arctic high bringing in the very cold air will shift east, so tomorrow will be a little bit warmer and we'll see a quick clipper move eastward and bring in light snow across the northeast as we head into tomorrow. very light snow and some of the light snow is falling right now across parts of the state of ohio, across northern indiana and the state of michigan. as we head southward an area of low pressure is developing over western parts of the gulf of mexico bringing light rain to the houston area and that rain will continue to shift east into new orleans this evening. thinks the big storm we've been watching the past couple of days that could become a nor'easter, it will continue to strengthen and bring rain across the southeast on tuesday. on the back side of that as temperatures drop during the nighttime hours as we head into tuesday night we could see snow developing on the back side of that storm across northern mississippi and parts of the states of tennessee into west virginia. this is 3:00pm wednesday could be snowing already here in new york city. jenna: thank you very much, maria more lea molina. jon: the looming battle between the white house and congress overstating. the president's state of the union message come will set the stage. he will call for investments in the jobs of tomorrow. republicans say they want to cut spending and reduce the deficit. >> with all due respect to our democratic friends, any time they want to spend they call it investment. i think you'll hearing the president talking about investing a lot tuesday night. we have a huge spending problem here. jon: chris stirewalt is fox news digital politics editor. chris you say get ready for winter fireworks in washington, huh? >> reporter: oh, jon it is going to be a barn burner here in town. you have three things coming to a head at the same time, first, the government is almost out of borrowing line. we are 14 trillion in the red. we are coming up on our 14.3 14.3 trillion borrowing limit. the president wants that increased by march. we have a spending resolution that keeps the government functions until the beginning of march, that is about to run out. the third thing is that the white house and the republican congress are getting ready to work on their own budgets for the next fiscal yearment you put those three things together now over the course of the next month or so and you have a real brie ha ha going and it's going to be amazing to watch. jon: john boehner the majority leader suggested let's rollback spending to what, 2008 levels and now 0 some are saying let's go farther of that. that. >> reporter: the opening bid was let's just take the current spending levels and role it back to 2008 which would be about a hundred billion dollars in spending between now and the current fiscal year in september would be po 30, 35, $40 billion. serious money. you have more than 80 new freshman republicans in the house that want to go deeper than that. they are saying let's talk about 2006 and let's forget about cuts right now, let's pass a balanced budget to the constitution, let's say we won't request the debt sealing as the president requested unless we get that. the ante keeps going up and up. can the republican leadership keep their team in check so they can have a credible bargaining position with the white house? jon: there is fear among republicans that if they don't take a tough stand right now in advance of this vote of raising the debt ceiling they'll have a rough couple of years under the president. >> reporter: sure, jon the people i'm talking to and the hill, the republicans say, this is the moment, if we back down now and do not get serious cuts from the president we are never going to get them because our position will never be stronger than it is right now at the start of a new congress when the president is asking for stuff. if waoes asking for more borrowing power and more initiative and investment, then we've got to believe that the republicans want to get the job down right now. jon: one of our chatters tom johnson says a balanced budget would be a nice start. that's at least what some of our viewers are talking about. chris stirewalt, digital politics editor, thank you. go to foxnews.com/politics, you can check out the power play and get updated on what chris is writing about. jenna: we were just talking about, states are strapped for cash struggling to find new ways to raise revenue. we have fox team coverage of how states are trying to fill in the gaps. phil keating on how florida is looking to las vegas for inspiration and alicia acuna how they are trying to cut tax loopholes. we'll begin with phil keating live in miami with this story. >> reporter: tourism really drives the economy of the sunshine state in particular here at miami beach you have the world famous art deco hotels, plenty of tourists coming around. here in south beach it's known for its decadence and you pretty have everything available to you. what you don't have on the sand and the surf is a casino. >> i don't want vegas at all. >> reporter: a state senator opposes gambling in general and tried to end the florida lot lee. today she is supporting a bill sponsored by one of her state senate colleagues that's in development for the upcoming session that would bring four or five massive, large scale casino resorts to the sunshine state. one would be in south florida, maybe another one up in tampa and a couple of other areas. these would be casinos that have hotels that also have convention center space, restaurants, retail, dining, basically what you would kind of see along the strip in vegas but instead you'd have the atlantic ocean at your doorstep as well. the state of florida is in a 3.5 billion deficit this year. people are out of work. this is behind the legislation, they think it would be a big boom for the economy. >> each one of those are probably about a $2 billion, maybe $2 billion-plus investment. it will be tens of thousands of construction jobs. it will be thousands of jobs after ward. >> reporter: the state senator who is sponsoring this legislation, and the bill is still being crafted says every single person that heard of this. like all of the big resorts in vegas, they have more than a dozen already throwing down the 50 million bidding fee just to get onto the playing field here. he says the chances of this passing, bringing vegas-style casinos to florida, about 50-50. the governor, republican rick scott initially said he would be open to the idea, he's back paddled a little bit. but it will come into the session in march and the standard opposition would be up in the orlando area and northern florida as well and disney. the only reason casino calm blink is league ol on tribal land upstate is because the federal government allows that. historic casino gambling has not worked as far as referendums go. we'll see if this year and the economy change that. jenna: big story and florida and other states considering it as well. thank you very much for that. jon: they've been talking about casinos on miami beach for a longtime now. let's take you west to colorado and another state looking to raise revenue by closing a tax loophole. it allows some owners to save thousands of dollars in taxes by designating part of their land as agriculture. alicia acuna live in denver for us. >> reporter: the problem here is that not owl of those getting tax breaks are rile i making a living working the land. some say they are working the system. the denver post did an extensive investigation on results done by a statewide task force and found a number of examples of homeowners taking advantage of this law that the state allows. for example in cherry hills village, an exclusive eve enclaf denver there is one homer who started bailing hay on a 20-acre estate. he managed to shave $35,000 off of his property tax bill. the problem is he's really not in the business of producing hay. the way land honers do this is they apply for redesignation of their land from residential to agricultural. lately a lot of home owners in this neighbors and some in colorado's resort areas have been applying to be treated under this tax law as farmers and ranchers. why it's perfectly legal critics say that's really not the intent. >> the idea is to preserve agricultural land, working landscape, especially in growing metropolitan regions. on the flip side, the problem is when those laws are so loosely written that pretty much anyone and anything can qualify as ago agricultural. >> reporter: colorado's neighboring states have stricter laws that force landowners who actually prove what is being done on the land in order to get the tax break. we talked to republican thomas see who plans to introduce legislation to limit the law. this has been tried in the past but failed because the agricultural industry, very powerful lobby has been stopping it up until now, because now legislators plan and promise to protect the real farmers and the real ranchers, jon. jon: alicia acuna live in denver, thank. jenna: you heard how a few states are trying to raise money in very tough times. there is another idea out there. should states be allowed to declare bankruptcy? it could have huge consequences. again an idea that is being floated around. we are going to take a fir and balanced look ahead. a developing story overseas in moscow, an apparent terror attack at the city's business jus's busiestairport. more details just ahead. megyn: i'm megyn. rumor has it that some if not awful the conservative supreme court justices may bail, in the wake of what happened last year. they say that would be a disaster for this administration. we will update you on what we know. the president expected to call tomorrow night for a new focus on jobs. we'll tell you what he said last year, and the year before that on this very same subject, and whether he has lived up to it. plus, severance pay to public employee, people whose salaries you pay who quit or resign on their own, not fired, they quit and get severance pay to the tune of $2.4 million. we'll tell you where and why those employees now say it's not enough. top of the hour. jenna: "happening now" a growing controversy today over states going broke. as we've been reporting to you state off state from california to new jersey are facing huge financial short falls. a solution now reportedly being considered will allow states to go bankrupt. but that idea sparking a huge controversy. known, neither party on capitol hill is claiming this idea. now a house committee may call a hearing in the next few weeks to examine it. the man who authorized one of the first articles that eug ignited this firestorm is david feel, a law pofz at the university of pennsylvania and the author of the new financial deal. you said give states a way to go bankrupt, it's the best option in avoiding a massive federal bail out. why is it the best option? >> i think the best option as a last resort. it is important to point out that i'm not suggesting every state should be filing for bankruptcy. what i am suggesting is we tpwhaoed to have a lasneedto ha. and a good analogy with regard to this is 2008 when we ended up having to bail out all of the banks, citigroup and other banks and aig and things like that. the reason we had to bail them out was they said they would never northbound a position where they had to be bailed out, they were so big and healthy we didn't need to worry about it. we're in the same situation with a number of states now. we have several states that are in deep, deep financial trouble, and i hope that none of them would have to fill for bankruptcy, but i do think we need a bankruptcy option in place. jenna: the slippery slope with the bail out is it's pandora's bobs. if you bail out some companies, then other companies see it that it's maybe a possibility, that we kind of open the door for that opportunity. so how exactly would it work for just some states as a last resort and maybe not others to use when they see fit? >> well, it's important to emphasize that you can structure the bankruptcy law however you want. so if you're worried about it being too attractive for states, i don't think that is really a problem. but if you're worried about that you simply make it a little harder to get n. you say a state can't file for bankruptcy unless they've first tried to get their fiscal house in order or you require that they be insolvent. all of these are things we already do with cities under the bankruptcy laws we have for cities. jenna: you're a law professor, you obviously take a close look at the law. is it even possible legally to do this? will it take amending both our national constitution and the state constitutions to even make this possible? >> no, all we would have to do is put a bankruptcy law in place as a matter of general federal legislation. the key constitutional issue is you can't force a state into bankruptcy, so the law would have to be voluntary, voluntary on the state's part. if you had a voluntary bankruptcy law that didn't interfere with state governmental decision making it would be perfectly constitution. jenna: we definitely would like to talk to you again more on this as we continue to see what happens with these states and we appreciate you joining us today. >> it's my pleasure. jenna: after the break we are going to talk to a man who put out an editorial today in the "wall street journal," just this morning about why he completely disagrees with david. and what we really need to do to help states, that's just ahead. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. toi switched to a complete0, multivitamin with more. only one a day women's 50+ advantage has gingko for memory and concentration plus support for bone and breast health. a great addition to my routine. [ female announcer ] one a day women's. jenna: a man stays getting states go bankrupt is a bad id idea. we have ej with us. we had to talk about this whole state bankruptcy issue. david says this is a last resort, should not be available to everybody and if it is a possibility it has to be limited in scope. why do you still think it's not a good idea? >> well i'm proceeding from sort of a basic conservative concept that stems from the hi hipocratc oath. do we need to do this and will it bring harm if we do it. i think it could be exploited for the wrong purposes. the basic assumption behind this idea is that if we don't get states the option to voluntarily go bankrupt, which they don't have now because they are sovereign and that means they control their own rules, if we don't give them this option that they will come flocking to congress looking for bail outs. what this misses is the fact that the states have the power to address many of the cost factors that concern people. jenna: and you're saying they have the power politically, the governor can make tough decisions like we're seeing for example in new jersey and step in and make some of these strong choices to help the finances of the state, is that what you're referring to in. >> right, if you're drowning in costs dictated by union contracts, public sector unions exist and have the right to collective bargaining pursuant to state law. if you have the will will actually confront unions you can threaten them with dire consequences up to and including the law that allows them to bargain. two newly elected governors have done that. jenna: you said man created this issue and it takes a strong man or woman to step in and fix it. one of the questions that does come up about the state bankruptcy is if cities can go bankrupt why can't the states? why don't you believe that would be a good option since we can do it really on a massive local level, legally if we wanted to? >> well, the difference between cities and states is actually quite profound, it's not as simple as many people may assume. cities are creatures and towns and villages and school district for that matter are creatures are states. they are subject to laws set in state capitols. they don't control their own destiny like states can and do. that's why municipalities can often be overwhelmed by their problems, it's a lot harder for a state government to be overwhelmed by problems. even the worst problems are not beyond their control. there is a lot of concern about underfunded public pensions. we have a huge liability associated with the pentagons that is not being clearly and strongly addressed. that is not the instance why california has a $28 billion budget gap now. that's due to the fact that gap and some of other states have spent well beyond what they have the ability to pay for right now, they need to adjust their annual spending levels. jenna: and the issue of entitlements comes up again on state levels. it's nice to be reminded of some of the power that exis within the stay and the relationship with the federal government that seemingly changes with each deck aeu. we look forward to talking you more again. thank you very much, sir. >> you're quite welcome. jon: a near disaster caught on a driver's dash.com, unbelievable video. the whole story and why this driver even had a dash cam rolling. it's our must-see moment of the day next. jon: check this out. a driver narrowly avoids a catastrophic situation. he's in the left land lane and there it goes. sees a truck out of control and jump the median. he jams on the