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saturday afternoon, they never showed up. opening arguments today in the trial of the one and only person charmed in connection with a deadly crane collapse in new york city. the crane owner, james lomas charged with manslaughter for the disaster back in 2008. seven people died when that massive rig collapsed on a building not too far, in fact, from fox news headquarters. and a report on cocoa puffs, a washington state woman charged with murder are arguing their client should be allowed to eat cereal and other sugary snacks. right now she's being denied access to the jail's cafeteria. jon: let's get back to speculation about who will be tapped as the gop vice presidential nominee. the leading contenders so far might surprise you. chris stirewalt, fox news digital politics editor and host of "power play" on foxnews.com live joins us now. you would think when you get
New-york-cityPersonTrialJames-lomasConnectionThe-one-and-onlyCrane-collapseArgumentsManslaughterOnePeopleFact correspondent jennifer griffin is live at the pentagon with momplet so exactly what did this iranian official say, jennifer? >> reporter: jon, this is the first time we've heard an iranian leader, a commander of the armed forces taking about taking a preemptive strike. let me quotena cnn muhammad hejazi, head of the forces, he said, quote, our strategy now is if we feel our enemies want to endanger iran's national interest and want to city to do that we will ability without waiting for their actions. it was clearly designed to be a message for israel, just as those iranian destroyers who passed through the suez canal over the weekend and dock a syrian port yesterday was designed as a message, a muscle flexing exercise for the israelis. we now understand that those iranian destroyers have left that syrian port. it's not clear whether they offo whether they offloaded cargo but they are traversing back through the mediterranean. >> what about the u.n. nuclear inspectors. we know they're in iran. are they actually accomplishing anything? >> they're in iran. it's the second time in three weeks that they've been there. they went home empty handed last time and it looks like they're set to do the same this time this. is the second day of their visit, they had asked to meet with iranian nuclear scientists. that was rejected. they also asked to be taken to the parchan military complex, that is conventional military base outside tehran, where the iaea suspects that there's a secret weapon making weapons there. there was a satellite only age from iaea in november that showed what they thought was a large drum of sorts that would be able to handle a large explosive test. those inspectors are not going to be given access to that facility we're told. jon: why are we not surprised? jennifer griffin, thanks. well, there are growing concerns at the gas pump, as the price of gasoline continues to soar, and experts warn it's only going to get worse, according to aaa. the national average, now 3.57 a gallon for unleaded regular. compare that to a year ago, when it was 3.17. not just painful for drivers, but for business owners as well. mike tobin, live in chicago for us. how is this latest spike impacting business there, mike? >> reporter: well, you know, jon, this gas crunch is probably as tough on the food service industry as any industry. your average priced restaurants don't have the ability to shift that cost on to customers. we look at bon abif restaurant, it costs them to get everything more, from the bread to the meat to the store, they run a catering industry, so the gas prices gobble up the profits there, and still at the same time, there's only so much you can charge for an italian beef. >> we've upgraded to smaller, fuel-efficient vehicles. we look at everything. there's no question. that is rises, it's a cost that we have to be concerned with. so as we look at everything, we before all possibilities but certainly as family owned company, we certainly don't want to ever, you know, impact our work force or anything else, but we try to be creative with how we'll solve that problem. >> reporter: and it gets tough as you look at the future, the gas prices are only going to go up. jon: you just had to get us thinking about food! pushing noontime on the east coast. hey, how are the gas prices there? >> reporter: let me look at the big board at this gas station in the center of chicago, just about 3.8 on a gallon. it gets pretty tough in the big cities, new york, l.a., chicago, are all getting hit, but still as you look around, people are still gassing up their cars. and the experts at gas buddy.com are saying that the consumers will continue to support the market until we get to this tipping point of $5 per gallon. only then will we see people start to change their driving habits and the markets start to drive the price back down, jon. jon: mike tobin, there live in chicago. mixed him up with mike emanuel there for a second. they don't really look alike. jenna: it happens, though t. seriously does. there are growing gas prices that could derail the economic recovery but before we get too far ahead of yourselves, let's talk about what we're seeing nationwide , the website that shows you where to find the cheapest gas in your neighborhood, that's a good thing, pat, and i'll get to that in a moment, but before we get started, how much did you pay for gas this morning? >> unfortunately i have a vehicle that takes premium, 4.09 a gallon this morning. jenna: that's painful! we were looking across the country and we have to take a look at what prices look like. we have a bit of a map that shows us what gas prices look like around the country and we've pull that up for you if we've got it. there it is. you can see the red on the coast, then it gets lighter in middle america. i actually asked our viewers, pat, to send some of their gas priceses which was -- prices which was really fun yesterday because you saw such a change in places like louisiana, jess pays 3.49, michelle pays 3.21, in tennessee, get out to california, it's 4.11. so what's up with the difference in prices? why do we see such a change between the coast and the middle of the country? >> exactly. you know, in wyoming today, they're paying 2.80, out in san jose, it's 4.05 a gallon today. a lot of it has to do with refineries, what type of oil they're using to process into gat -- into gasoline. in the rockies gas is so cheap because they use cheap canadian crude oil, as well as crude oil from north dakota that's selling at a huge discount to the type of oil that's used in california. and also in california, they're starting to switch over to summer gasoline. that costs more to produce. so there's a whole lot of different variables across the country. just really depending upon what type of oil is used in the refinery. jenna: so some, when they think canada, will think about the keystone pipeline project. you think about refineries, thinking about also off shore drilling near our coast. if we, let's say suddenly the keystone pipeline was cleared, we had all the drills we wanted around the country, then would that immediately bring down prices? or is that more of a long term strategy, when it comes to the price of gasoline that we're paying? >> there's a few wild cards with the keystone pipeline, would that crude be dispersed in the gulf or exported. that's the big question i have. if it stays in this country, it would likely help bring prices down rather quickly. some other issues as well could also change how things look, but the keystone pipeline certainly does have the ability to bring prices down, to hook up more community, more refinery toss that source of cheap canadian crude oil. >> jen pat, you've predicted 3.75-4.25 on national average per price for gallon of gas by may. it looks like you're probably about in there. do you think $5 on average nationwide is really something that's going to be reality this year? >> i don't think it will be a reality. i think it's relatively far fetched. now, that begs what you said. i don't believe $5 a gallon on average will 457 happen. sure you may fee a -- see a few station charging that price but by no means do i expect it to be an average for u.s. gas price. there is a potential that prices could flirt closer to that mark if there's some sort of military action in iran, but at this point diplomacy is still taking place, so that doesn't look likely. jenna: we'll see what happens with that station. gas buddy.com, how does it work? >> i report your gas prices in your neighborhood, download the smartphone app, and that's what we're here for, we point you in the direction where the cheapest gas is. and hopefully you don't take such a hit in your wallet. jenna: by the way, i use it for research as well, plug in zip codes around the country and it tells me what the ranges might be. a difference of 10 cents a gallon is a big one for all of us. thank you very much. >> certainly adds up. thank you. jenna: we will certainly be talking to you soon, sir, thanks again. jon: well, some critical primary contests in michigan and arizona, just a week away now. the polls show that mitt romney and rick santorum are locked in what looks like a 2-man tug-of-war. up next, karl rove on the latest numbers, and what romney needs to do to win the state where he was -- well, his home state, michigan. jenna: maybe it should just be tug-of-war. it would be easier. maybe more entertaining. in the meantime iran raises stakes in the tense standoff over the nuclear program. jennifer griffin just told us a bit about that, and a preemptive warning of a military strike. what does that mean for us, for israel, for the world? we'll talk about that. jon: plus a trip to disneyland takes a bizarre turn after a parked patron gets caught duis while disneylanding! he lashing out against the workers, gets a brutal takedown, complete with pepper spray. jenna: happennest place on earth? >> jon: believe it or believe it or not -- believe it or not, they have pipper spray there! 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. jon new polls show the gop horse race could be turning into sort of a 2-man tug-of-war. rick santorum, sharing the limelight with mitt romney, but who the frontrunner is might depend upon which question you ask. a february average by gallup shows santorum ahead of romentny by ten p percentage points, but a gallup-usa today survey shows 54 percent of americans think mitt romney has the skills to beat president obama, just 32 percent say santorum can win. take a live look at shelby township, michigan where mitt romney is fighting to win his own statement we may get to that video in just a minute. how hard will he have to fight to keep santorum at bay? karl rove is a fox news contributor and former senior adviser and deputy chief of staff to president george w. bush. i'm sure you've looked at numbers karl. why is mitt romney having trouble in michigan? >> well, first of all, he may have been born there but he lived there 40 years ago and times change, and this is a volatile race, in the real clear politics average, it's santorum up by 3.2%, 34 and change to 31 and change, and you can see the volatility in the lasto in the polls that they've done in the last couple of weeks. there's a new poll out from ppp, a democrat operation in north carolina showing rates at 37, santorum, 33. a week ago, they had it at 39, santorum, 24, romney. if you step back even further, you can see the volatility of it. there's a local pollster, mitchell, he has a race today at 30 santorum, 32 romney, but basically, 18 days ago, he had it at 15 santorum, 31 romney. so we've had a highly volatile race, impacted largely by what happened outside of michigan and now being shaped in the final weeks by what's happening inside michigan. jon: there's also the polling that i mentioned in the lead-in, though, that suggests that most republicans believe that mitt romney has the best chance to beat president obama. so despite this santorum surge, he's got problems, santorum has problems, making the case that he can win. >> sure. yeah, absolutely. and what's interesting to me is we have all these polls, we have eight polls in the last two weeks, six of them showing santorum winning, one showing a tie, one showing romney winning. of course it's to the advantage of romney that it's the last two polls that have been the best for himle and for santorum the earlier six polls were better for him, but you're right, it's between geez, i like santorum, he looks good, he sounds good and geez, romney sounds like the guy who has the better chance of beating obama and that's the tension we're seeing played out in the primaries and we're going to see it played out in the next seven days. we have this contest and the one in arizona are going to come down to a few factors and there are big inflection points remaining in the days before the primaries. jon: it's been kind of a see-saw game, the leadership in the republican race has changed four times or so in the last -- >> five. five times. we've had five frontrunners, seven different times in the national gallup poll. jon: right. and it seems to be a matter of who peaks when. newt gingrich peaked before iowa and everybody thought that was going to be great for him, but then he didn't do so well in iowa. at any rate, santorum, if he had to pick a time to surge, this for his purposes is a good time, right? >> yeah, well, he may have peaked a little bit too early, though. now, we do have five sort of things coming up here. we got a debate on wednesday night, which is going to be very important for all the candidates, we've got a friday speech before the detroit economic club by romney, which is sort of his last big chance to affect michigan, we've got the ad wars. this morning, santorum superpac basically went up with $600,000 more on television between now and next tuesday. that's a lot of money in michigan. and we got time. we've one of these candidates has a finite amount of time. yesterday, both candidates were in ohio, sort of midwestern market, trying to affect michigan and the march sixth ohio primary, but what's interesting is, on friday, while romney is going to be in michigan, rick santorum is going to be here in austin, texas, trying to raise money at $1000 a person breakfast, showing the tension between campaigning and having to raise money. finally, what they say each and every day, the message of the day is going to have a big impact because the race is so narrowly balanced, and there's one intangible we can't really evaluate. i fler 2000, we were confidentably ahead, not a lot, but comfortably ahead in the polls, george w. bush ahead of john mccain in michigan. michigan however is an open primary and the michigan education association and the u nated auto workers, who was then in a battle with michigan governor john engler, turned out people in the primary to embarrass him by voting for mccain and they succeeded. i was the guy who had to deliver the concession regrets in front of the television cameras, one of my least favorite moments. i don't know jon i'm sure that wasn't fun. i want to show you a quick chart and get a quick thought on it from you. it shows the president's approval rating versus the price of a gallon of gas. now, the president's approval rating, for 2012, the president's approval rating has been on the upswing of late but there you see the gas price on the green line going up and the president's approval rating seems to be trending downward. are the two things related? >> i think they are to some degree, because the question of cost of gasoline is the bigger question of the economy, and when you have one out of every six americans unemployed, working part-time while they're trying to seek full-time work, or so discouraged that they're out of the work force all together, and you put on top of that the gas prices, twice as high as when he came into office, 25 cents more a gallon than it was at the beginning of the year, significantly higher, nearly half higher than it was a year ago, it's going to be a problem. and i love this sort of brief -- we've had recently sort of the obama spring, early spring, where the media said oh god, he looks so great, look at these great numbers. his job approval rating one year out from the election was 43 and today in gallup, it is 44. that ain't exactly the biggest improvement. and things like gas prices, when they get to hit four bucks by memorial day, it's not going to be pretty inside the west wing. jon: karl rove, we'll continue to watch that race with you. thank you. >> you bet, thank you. jenna: the next story has really been dealing over the last several days, the search for a missing south carolina ceo. why police say they can't rule out foul play, after this well-known businessman simply vanishes. and from peter pan to pepper spray, a disney patron apparently had one too many and after taking a swing at security, you see what happens. the video has gone viral. we have the whole story for you, next. the best approach to food is tkeep it whole for better nutrition. that's what they do with great grains cereal. they steam and bake the actual whole grain while the otr guy's flake is more processed. mmm. great grains. the whole whole grain cereal. fresher less processed foods introducing freshpet recipes so fresh the only preservative we use is the fridge freshpet fresh food for fido hey, it's sandra -- from accounting. peter. i can see that you're busy... but you were gonna help us crunch the numbers for accounts receivable today. i mean i know that this is important. well, both are important. let's be clear. they are but this is important too. 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[ male announcer ] michelin knows it's better for xerox to help manage their finance processing. so they can focus on keeping the world moving. with xerox, you're ready for real business. jenna: police are looking for your help after an executive vanishes over the weekend. his name is tom fonzeller, he went to his notify clum barks south carolina but family got worried when calls went unanswered and after finding the car outside the office police say they're not ruling out foul play because they haven't heard from inform a couple of days. jonathan serrie is live for us. why the suspicion? >> >> reporter: this is a high profile lob list, tom spawnselle is ceo of the carolina hospital association, this is a guy in touch, it would be out of character for him to not answer his phone which he hasn't done since mid day saturday when he was last seen in his office near the state capitol in downtown columbia. when family members reported him missing police took it seriously from the get go they didn't impose that 48 hour waiting period that police do in certain other cases. so when they searched the building, though, they found no sign of spawnfeller but his car was parked outside so they are highly suspicious. jenna: any other clues of what may have potentially happened here? >> >> reporter: not yet but police are scouring for any clues in the area, they've been canvassing businesses nearby his office to see if perhaps any security cameras were able to capture any activity that happened around that building, mid day saturday. there are -- they are also checking the missing man's cell feend credit card records for activity. meanwhile, family members have helped find tom sponselle facebook page, the 61-year-old executive is balding with gray white hair, 6-foot one, 160 pounds, hazel eyes, and usually wears glasses. police are asking anyone with information to call midland's crime stoppers: jenna: all right jonathan, we'll continue to watch this story. jonathan serrie in atlanta, thank you very much for that. we have this news alert we want to share with you. saw it probably on our screen as jon was giving this report and we wanted to flag it. this was a few moments a. the dow crossed 13,000. these are levels, jon, we haven't seen since 2008. you think that you'd see them sooner than that but we haven't seen the dow cross one # thousand or close above 13,000 since may 2008, believe it or not. here we are today and the market was up last week. it's been a fairly good year so far for the stock market. we'll see if that continues. jon: you can be happy with your 401k today, right? >> jenna: we'll take it. at least for today. jon: sounds good. caught on camera, a belligerent man at disneyland lashes out at visitors and park workers, forcing security workers to restrain him and yes, they whipped out the pepper spray. julie: the happiest place on earth got a little less happy when someone decided to get drunk at one of the worst possible places in the -- and the whole thing was, as you mentioned, captured on camera. the incident occurred when a man was arrested for assaulting workers at disney california adventure park. the large and not in charge drunk man seen here on a cell phone vid he, slugging a park employee twice, then falling over from the momentum of his slugs, that suspect, 53-year-old glen horlacher, is eventually subdued by a combination of pepper spray, and as you can see, several park patrons who came to the aid of the security worker, they sat on him, then, as he screamed in apparent pain. police arrived at the scene, only to find horlacher penned under a group of park goers. are you glued to your screen? you're not alone. in fact, that video has gone viral. so something good, i suppose, came out of this. people are being entertained on the internet. he has since been released and awaiting a court date. no one fortunately was seriously hurt. jon: should be should have called pluto! bring in the dogs! >> i think they had a park ranger for that particular incident. jon: julie banderas, thanks. jenna: thank you threats from iran saying it will act against its enemies if it feels endangered, before an attack even happens. what does this mean, especially with the u.n. inspectors on the ground? we're going to take a closer look at that. and wild weather tearing into oklahoma, the desperate search underway right now for survivors of a horrific accident. we have that, next. jon: this is the acquisition center at fox news channel where you bring you satellite feeds from all over the world. take a look at remote 218, there's a live look at the dow. it crossed the 13,000 barrier just a couple of minutes ago. has fallen back down to 12997 or so. but we're keeping an eye on it. it looks good throughout the day. take a look at the white house, on remote 233. president obama is going to take a victory lap of sorts to announce that he and congress have come to a deal on the extension of the payroll tax cuts. he had hoped to sign the bill today but doesn't yet have it from congress we're told. on remote 293, that's a look the at moisture across the cascade range in oregon and washington. extreme avalanche danger as a result of 2-3 feet of snow that's just fallen. you might remember a few over the weekend, a few skiers and snowboarders were killed in an avalanche, very dangerous conditions in the high country there. jenna. jenna: i like aqui center better! jon: calling it that from now on. jenna: aquicenter instead of acquisitions. we have a guest coming up about iran but in the meantime we want to talk about politics today. we mention we've seen rick santorum surge in the polls and the president's team snow watching this and going a little bit on the attacks criticizeing his deficit reduction plan. wendt el goler, when you get the white house's attention, it does mean something. >> reporter: you're right, it's a sign that the obama 2012 campaign is taking santorum more seriously. santorum's superpac announcing it's doubling down on its spending in michigan in an effort to win the primary in mitt romney's home state and push romney out of the race. now, the policy director for obama 2012 sent out a memo saying both santorum and romney's budget proposals are unrealistic because they attempt to eliminate the decifit without raising taxes or cutting defense spending. james scovall saying romney's proposal would result in a 25 percent cut in all nondefense spending an santorum more than that. in a memo released today, he says romney and santorum's plans would leave the middle class paying a higher share of the tax burden, gut investments in middle class security, and let the housing crisis, quote, hit the bottom. meanwhile, the fundraising race is shaping up as a contest of the obama campaign against republican superpacs. the president raised last month $29 million, which is about as much money as all the republican candidates combined, though his superpac, priorities usa, raised a tiny fraction less than 1 percent of what republican superpacs pulled in. now, that is probably why the president decided to give priorities usa his blessing and allow cabinet secretaries to address the group, after saying the superpac posed a danger to democracy itself, because of their ability to spend unlimited amounts of money on candidates without saying where the money came from. priorities usa will disclose its donors. jenna. jenna: wendell, we'll continue to watch it. thank you very much, wendell goler at the white house today. jon: well, u.n. nuclear inspectors are in iran for a second day, but get this. they're not inspecting anything. apparently, they are just there to hold talks with officials in tehran. yesterday, the team asked for access to the parchan military complex outside tehran and were denied. some suspect that site is secretly being used to try to build nuclear weapons, that as that deputy military chief warns of a preemptive strike if iran is threatened. here now, former vice chief of staff of the army, retired four star general jack ke. ne, also a fox military analyst. i suppose it should come as no surprise that iran lets the expecters in but then won't let them inspect anything, hey general? >> yeah, this has been a pattern for over ten years now. they maintain a veil of secrecy certainly over the nuclear development program, they let inspectors come, they usually don't let them see all the sites they want to see and don't let them talk to the scientists they want to talk to, and they start to go into a negotiation role, which has also been a major tactic they've used for years and have been frankly quite successful at it. their program is moving on, and they use these tactics to buy time so they can get this program developed. jon: so do you suspect that one of the days we're going to wake up and find they do have a nuclear weapon? >> well, absolutely. i mean, we're on a path for them to have a nuclear weapon. make no mistake about it, they say this is all about nuclear energy. if that was the case, why wouldn't they let the inspectors come in and see every facility they want to see and talk to every scientist they want to see? the answer is obvious. they truly have something to hide, we're moving towards a nuclear capability. that's what's got the israelis so excited, because they think it's near term versus far term. jon: well, and the administration has been leaning on the israelis not to attack, right? >> yeah. the administration has put so much pressure on israel to not attacks they're actually taking the pressure off the iranians in terms of coastalling -- developing the nuclear weapons program and unfortunately i think what the white house is doing is signaling to the iranians clearly that by putting this pressure on the israelis not to attack, they're also telling the iranians that we would not attack, and therefore, we're forfeiting our right to use coercive diplomacy and trying to bring the iranians to he. l in terms of voluntarily giving up their military program. jon: what about this warning from iran that it is going to attack, it will make a preemptive attack if it feels threatened? >> well, look it, jon, everything the iranians are saying in terms of threat of violence, we have to take seriously. they've been killing americans for over 30 years, and killing israelis for over 30 years, using proxies to do it. but from a military perspective, it doesn't hold up to scrutiny. they do not have the military capacity to take out all of the israeli capability they would use in an attack. that's the harsh reality. they do have the capacity certainly to use terrorism against vulnerable targets, and they could shoot missiles at israel. but they would not be able to preemptively take out israeli military capacity. the second thing they would do, if they did a direct attack on israel, as they're claiming they would do preemptively, they give up the geopolitical advantage they have, in receiving an unprovoked by israelis by preemptively attacking the israelis. that would be a major blow to them i think politically. jon: so it seems that we are, you know, spending more time and effort trying to convince the israelis not to attack than we are trying to get these iranian facilities opened for inspection. >> reporter: well, absolutely. the iranians are in control of what facilities they want to open for inspection. i mean, what remains in the kit bag still is we could impose crippling sanctions on the iranians. i mean, not -- >> jon: haven't we done that? >> -- protocol -- no. i'm talking about crushing the central bank and the other banking systems, seizing all their foreign assets, literally stopping all of the international community with the exceptions of some of their allies from trading with them, shutting down the support for their refining operation. and also, quite frankly, using covert operations, cyber attacks, against limited economic and military targets and espionage in concert with the rollies. if we -- israelis. if we did that we would still have a chance to get them to voluntarily give up the program. jon: general jack keane, thank you. >> take care jon. jenna: more on that next hour, a different perspective, someone who says we shouldn't considering military action and what is happening is working. we'll have that next hour. in syria, government forces unleashing a heavy artillery act, in the town of homs. dozens have died so far. we'll have a live report on that. former imf chief dominic strauss kahn, you remember him, once accused of raping a hotelet -- hotel maid is accused of criminal charges relating to a prostitution ring. more on that. ou don't wait until the end of the quarter to think about your money... ♪ that right now, you want to know where you are, and where you'd like to be. we know you'd like to see the same information your advisor does so you can get a deeper understanding of what's going on with your portfolio. we know all this because we asked you, and what we heard helped us create pnc wealth insight, a smarter way to work with your pnc advisor, so you can make better decisions and live achievement. a smarter way to work with your pnc advisor, this was the gulf's best tourism season in years. all because so many people came to louisiana... they came to see us in florida... make that alabama... make that miissippi. the best part of the gulf is wherever you choose... and now is a great time to discover it. this year millions of people did. we set all kinds of records. next year we're out to do even better. so come on down to louisiana... florida... alabama... mississippi. we can't wait to see you. brought to you by bp and all of us who call the gulf home. weight loss programs can be expensive. so to save some money, i just got the popular girls from the local middle school to follow me around. ew. seriously? so gross. ew. seriously? that is so gross. ew. seriously? dude that is so totally gross. so gross...i know. there's an easier way to save. geico. fifteen minutes could save you fifteen percent or more. jenna: fox news alert, "happening now" in d.c., that's the president talking about the payroll tax cut extension, taking a bit of what some have described as a victory lap for getting this through congress, it was something the president wanted and congress ended up passing it. he's not signing the bill today. this is just described as an event around the payroll tax cut extension. so we'll keep you posted on any news, if you want to watch the president, foxnews.com. jon: coming up new next hour, the uva lacrosse murder trial enters a crucial phase, as jurors face a tough decision. was yeardley love's death a murder or a tragic accident? our legal panel weighs in. and as the gop contenders battle it out on the campaign trail, the conversation is turning to the number two spot. who's on the short list in the lead states in we'll take a look at that. >> new concerns about diet soda, the shocking results of a new study and why your favorite soft drink could be a health risk. we'll get into it. jenna: more deadly violence in syria today after this in the devastating city of homa, at least 30 were killed in new attacks. we assume this video we're getting is from homa, syria. styles it's hard to verify. this as government forces launch a brutal assault aimed at retaking rebel-held neighborhoods. this has been the hotbed of everything. dominic di-natale joins us live from beirut, lebanon with more. >> reporter: killed today, some 340 people in the city, and in endlessly heavier violence, as many as 250 shells and rockets, slam going that particular southeastern part -- southwestern part, sorry, of the city, human rights says it was totally relentless, people were running for their lives, 133-millimeter rockets were fired and those weigh 80 pounds each, designed to penetrate heavy armour, those going into the residential neighborhoods. this ahead of a gathering, intensifying of a number of government troops around the city. they were expecting large operations to move into the area. that hasn't happened because opposition troops have managed to prevent the government forces from entering. they've really managed to block them out. that's quite incredible since we're only looking at two, 300 fighters at the moment. the red cross in the meantime is trying to negotiate help in the fighting, they want to get aid into homs. it's been 18 days of horrendous attacks and many are suffering badly, but it could be the end of the week before we see anything in terms of humanitarian efforts. it's going to take a measure with the friends of syria to work out how they're going to safely open up those routes to get the aid in and get the help to people who need it most. back to you jenna. jenna: dominic, thank you. jon: well, extreme weather is hitting parts of the country. in kansas, a powerful storm, raging right now outside wichita, strong winds and hail breaking window, flipping car, and knocking out power. the storm lasted only about five minutes, but folks described the panic. >> the trailer trailers flippedr , then the windows on my car blew out. a little old lady was crying, everyone was scared but we were excited and just standing tarn and watching everything. it was crazy. jenna: windows of her car blew? that's incredible. take a look at southern oklahoma, at least one person is dead after a trailer park was hit with winds upwards of 70 miles per hour, recent -- rescue crews searching for survivors. one man was pulled from the wreckage. the search is still underway, though, jon. jon: where is that storm headed next? maria molina live in the fox weather center. reporter error fortunately the storm system is weakening and headed eastbound. i want to show you quickly where the reports came out of yesterday, severe weather across parts of oklahoma and kansas. we had 18 months of -- reports of damaging wind gusts over kansas, that's where you had the damage to cars and buildings and the one fatality unfortunately out of oklahoma, as a trailer home was destroyed. now, that is further off to the east, bringing lit snow across portions of minnesota, wisconsin, into michigan. most accumulations just between 1-3 inches of snow. so it's really weakened a lot and doesn't have moisture with it, so those rain showers further off to nine south -- off to the south, hit or miss showers, not a lot of rain across georgia or the carolinas. because the system is a relatively weak cold front, we're not going to see a big drop in temperatures behind it. take a look at the high temperatures, 55 new york city, warmer than what it's going to be out there today, 45 cleveland, well above average, even further off to the west, like kansas city looking at a high of 65 direction temperatures up to 20 degrees above what's typical for this time of the year across parts of the central plains as we head into mid week. otherwise we've heard about the northwest, big time problems out here, jon, we've talked about the avalanche warnings in effect out here and we're going to see those wind gusts up to 60 to 70 miles per hour across portions of the northwest and here's a look at the avalanche warnings in place for today. jon: maria molina in the fox weather center, thank you. jenna: scientists are doing the unthinkable, reviving a flower from the ice age, some 32,000 years ago. the remarkable story we have for you, coming up. and these may be small. but these are causing a big problem in one state. never thought i'd have to say this on the airks jon, but apparently there's a chihuahua dilemma! >> jon: chihuahua dilemma? >> jenna: uh-huh. we're going to cover it for you, and that's next! looking good! you lost some weight. you noticed! these clothes are too big, so i'm donating them. how'd you do it? eating right, whole grain. [ female announcer ] people who choose more whole grain tend to weigh less than those who don't. multigrain cheerios... five whole grains, 110 calories. jen the former imf chief who was once cleared of charges he raped a new york hotel maid is facing new charges connected to a prostitution ring. french police detaining dominic strauss kahn in charges of pimping and misusing companies funds, investigators say he had sex parties in paris, as well as in washington d.c. and had a nand a prostitution training spanned into neighboring belgium, they want to know if kahn was aware of the women entertaining him at various parties were paid prostitutes, the 62-year-old arrived on his own for questioning. he could face 20 years behind bars. obviously this is the beginning part of this case. jon: and one year after a deadly earthquake, people in new zealand are still rebuilding their town. you'll remember the terrifying scene out of christchurch, where devastating quakes killed 185 people. but despite a decimated business district and aftershocks many say they are staying and the proof might be in the numbers. a study taken four-months after the quake show the population declined 2.4%. it's a tragedy, but many say it has made the people of christchurch stronger. jenna: amazing that was just a year ago. the pictures are still remarkable. a daring rescue caught on camera in california. emergency crews saving two dogs stuck on the side of a cliff. you can sort of make them out there. there's the firefighters hoisting themselves down to get the golden retrievers, the opener says her dogs probably heard the sound of the ocean and simply bolted and didn't realize where they were going. there's the pooch, she seems okay. they did fall approximately 100 feet but as you mentioned, all okay, and glad to be back on solid ground. jon: those dogs have nine lives. too many chihuahuas? the pined sized pups are growing in popularity but creating a problem in arizona, joining pit bulls as the most common doggings at local pounds. why? well, maybe julie banderas can explain. >> reporter: a lot of people like little dog, an overcrowding problem at the humane society causing a huge problem really by an overabundance of two specific dog breeds, chihuahuas and pit bulls, the overpopulation problem so bad chihuahuas and pit bulls make up 30 percent of the dogs up for adoption at the humane society with chihuahuas being one of the most popular bleeds, the dogs we're told are coming in from everywhere and many, sadly, are sprays. >> this guy here came in as a spray, he was unfortunately attacked by another dog. but we see a lot of people bringing in their little chihuahua, and also because of cost. >> i guess with so many homeless pets, the humane society says really the first place you should turn are these homeless pet shelters that they're looking to add a four legged friend to your home. i always say, going to the brooders you're forgetting the pets that have to be euthanized if you don't go in and adopt them. sad story. jon: julie, thank you. >> sorry. jenna: chocolate lovers, this is definitely for you, the world's largest chocolate bar is on a cross country tour, making a pit stop in oklahoma city, tipping the scales at more than 12,000 pounds. it contains more than 5000 pounds of sugar and a lot of calories, and so far, no bite marks, making it complete at this point. looks pretty good, though! >> jon: with none of the republican candidates breaking away from the pack, we are now starting to hear the word brokered convention what does it mean? and what would it do to the presidential snrais we'll get into that. plus, breaking details on the honeymoon murder trial of gabe watson. we're awaiting a key decision on a piece of evidence that could change this case. we're live with that at the top of the hour. fore! no matter what small business you are in, managing expenses seems to... get in the way. not anymore. ink, the small business card from chase introduces jot an on-the-go expense app made exclusively for ink customers. custom categorize your expenses anywhere. save time and get back to what you love. the latest innovation. only for ink customers. learn more at chase.com/ink i used to not travel very much, but then i discovered hotwire. now, i use all my vacation days. i can afford to visit my folks for the holidays. and reconnect with my girlfriends in vegas. beuse i get ridiculously low prices on all my trips. you see, when hotels have unsold rooms, they use hotwire to fill them, so i g 4-star hotels for up to half off. now i can afford a romantic trip to new orleans. hi honey! ♪ h-o-t-w-i-r-e... ♪ hotwire.com >> welcome back, you're watching "happening now." brand new information and news coming into our control room, let's take a look at video number one. both sides have rested in the lacrosse murder trial, whether this man is accused of a cold-blooded killer and will he eventually be prosecuted, we're going to find out if he is convicted on that charge. also danica patrick, nascar star, we're going to find out the future of her career. she's going to be making a very important announcement in the next hour, and also are you like me, do you have an addiction to, like, diet pepsi or coke? you may be thinking you're doing your body good, but you're actually doing your body harm. find out why diet coke is to good. no good. ♪ jenna: dr. manny is going to join us on that. there's a new study on diet soda, inconclusive at this time. jon: interesting results. jenna: that's coming up in just a little bit. breaking details right now in the honeymoon murder trial. we're glad you're with us, i'm jenna lee. jon: i'm jon scott. a judge is about to release a decision. jenna: they're asking to play this videotape that has a reenactment of the alleged murder which, according to the prosecution, pokes holes in the story that gabe watson is telling. jon: watson is accused of killing his wife, tina, while they were scuba diving so he could cash in on her life insurance. >> reporter: hi, jon, good to see you. we're expecting that ruling any moment now on whether or not jurors can take a look at that reenactment video of the aled crime by australia police. prosecutors say the video determines whether or not watson is telling the truth about where his wife's body was when she sank so to her death. the judge says he's not convinced the recreation video is a valid test of gabe watson's story from that day. the judge says there are so many variables like the ocean's current, water temperature and, of course, experience level to rely on this one piece of evidence. now, alabama prosecutors as you say, watson says he turned off his wife's air supply, waited for her to become lifeless before she sapg to the bottom of the ocean while he went to the boat to get help. the jury has to await testimony from her best friend claiming that gabe watson showed pictures of his dead wife at her funeral in front of a sign that said caution: drowning. they're also hearing from this man, a scuba expert from australia, who worked to revive her. >> we were doing cpr, mouth to mouth resuscitation. then once the doctors came onboard, i know they were doing, i think what they call extra jug la veins they were trying to get lines into the jug vein so -- jugular vein so they could administer end neff for instance. >> what is watson's defense? he said his wife was an inexperienceed dive, she panicked, she wiped off his mask, and he was unable to breathe. by the time he got his bearings, she was too far for him to rescue her which is why he went about 50 feet to the ocean's surface to get help. jon: keep an eye on it for us. thank you. jenna: in the meantime, we're going to turn to politics now. a new gallup poll gives rick santorum a double-digit lead over mitt romney, but do republican voters think santorum is the best candidate when it comes to beating the president in november? alicia acuna is joining us now heading to arizona, a very important state here in this part of the race. tell us what you've seen so far. >> reporter: sure thing, jenna. well, preparations are underway here in phoenix right now for the maricopa county republicans' lincoln day luncheon where senator rick santorum is set to speak. let's take a look at those numbers, that most recent gallup poll taken between february 15th and the 19th. you can see santorum breaking away from his republican rivals. he leads mitt romney by ten points, and in a separate "usa today"/gallup survey at the same time, romney has a striking lead over santorum, and that is the case romney continues to try to make as he travels to his home state of michigan and in super tuesday states like ohio. take a listen. >> i'm the only one who is spent the majority of his career in the private sector. i understand what it takes to create jobs and grow jobs. i became a fiscal conservative by being a business person. i don't think you can be a liberal business person financially. if you are, you'll go broke. in business you've got to realize you can't spend more money than you take in. >> ladies and gentlemen, we need someone who understands, who comes from the coal fields, who comes from the steel mills, who understands what average working people in america need to be able to provide for themselves and their families. [cheers and applause] >> reporter: now, arizona has its primary next tuesday as well, and romney's lead here has started to shrink over time, but it may not matter. because 200,000 people here have already participated in early voting. >> so to the extent that people voted a long time ago, that favors romneyment -- romney. his lead in this state has been collapsing, but if a lot of the electorate has voted well in advance of that collapse, then that argues very well for him. >> reporter: now, all four of the leading candidates are arriving in the valley of sun within the next 24 hours in many preparation for a debate tomorrow night. jenna? jenna: alicia acuna for us in arizona today. jon: well, republicans are looking ahead to august when they officially choose a nominee for president. will it be romney, santorum, gingrich, paul? who knows. there is a small chance, though, when the candidates arrive for the convention, up in of them -- none of them will have gathered enough delegates to clinch the nomination. shannon bream is live in washington with a look at what could happen. >> reporter: well, jon, there is a split about what might happen in that situation. there's one camp which believes there's almost no chance the gop goes into a brokered convention. count karl rove among that group. >> i think it's about as rehot as life on pluto -- remote as life on pluto. it could happen, sure. you could make up all kinds of scenarios, but in all likelihood what happens is once somebody starts to win, they keep on winning. >> reporter: well, there are others. top republicans on capitol hill think a contestant convention could be a real possibility and that raises the question about whether someone who's not currently running could wind up as a nominee. jeb bush, chris christie, mitch daniels, all of them have repeatedly said they are not running in 2012. larry sabato says, though unlikely, there is a scenario in which someone new could jump into several late contests. >> if a candidate chose to get this at that point and actually contest those late primaries and won those late primaries, then he would have an argument to make to the convention that i'm the answer to the problem. >> reporter: michigan congressman that'd mccotter who did briefly run for the gop nomination himself says that would be unfair to the current candidates and would reward someone who didn't have what he called, quote, the courage to run in the first place. mccotter also worries it would be insulting to all those primary voters who cast their ballot. jon? jon: shannon bream live in washington, that'll be interesting, thanks. jenna: a lot more to talk about when it comes to politics. we know the front runners, but who tops the list of vice presidential candidates? a few of the names might surprise you. chris stirewalt with his power play is going to be joining us right after the commercial. i'm a marathon runner, in absolute perfect physical condition and i had a heart attack right out of the clear blue... i'm on an aspirin regimen... and i take bayer chewables. 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[ laughs ] he's my success story. what do you get when you combine the home depot with this weekend? the cure for cabin fever. because with get-it-done savings on everything we need... we can turn this weekend into a fresh floor... or an updated bathroom... or a brand-new look. so let's hit those orange aisles, and make today the day, we make a big difference, no matter how big our budget. more saving. more doing. that's the power of the home depot maximize your budget with great buys, like mosaic tile, just $4.98 per square foot. jenna: right now a few crime stories we want to share with you some developments on those, an amber alert for three children in idaho all under the age of 10. police say the kids were staying at a foster home when their biological mother picked them up for a scheduled visit. they were supposed to be back saturday afternoon, they never showed up. opening arguments today in the trial of the one and only person charmed in connection with a deadly crane collapse in new york city. the crane owner, james lomas charged with manslaughter for the disaster back in 2008. seven people died when that massive rig collapsed on a building not too far, in fact, from fox news headquarters. and a report on cocoa puffs, a washington state woman charged with murder are arguing their client should be allowed to eat cereal and other sugary snacks. right now she's being denied access to the jail's cafeteria. jon: let's get back to speculation about who will be tapped as the gop vice presidential nominee. the leading contenders so far might surprise you. chris stirewalt, fox news digital politics editor and host of "power play" on foxnews.com live joins us now. you would think when you get down to a one-two situation if it's mitt romney as nominee, he might want to pick rick santorum to satisfy everybody, but that's not necessarily a choice that makes sense. >> well, it doesn't always make sense. you saw in 2008, jon, with the democrats, barack obama and hillary clinton took it down to the wire, but he passed her over for joe biden, to pick him. it was an outreach to the same kind of voters, blue collar folks in a swing state like pennsylvania, but he did not want to have to revisit all of the very unhappy and sort of nasty things that had passed back and forth between the campaign with having her out on the trail running for him. so he bypassed her and went to biden. and certainly as things get nastier and nastier in the republican race, harder for one of these folks to pick another one of them to be their running mate because it just dredges up all of the worst things that anybody said about anybody else. jon: so it makes you look insincere or maybe hypocritical if you've been blasting somebody with negative ads and then pick them as a running rate. >> right. even his running mate said xy, z about governor romney or senator santorum or speaker gingrich, and it cues up too good a sound bite for the other side. jon: folks at dickenson university took a poll and asked republicans, socially, who would you like to see in the number two spot, and they polled, i think, 799 remin and independents -- republican and independents, and these are the answers they got. more of them for marco rubio, the freshman florida senator, than even rick santorum or governor chris christie of new jersey. are you surprised? >> no. and i would think this reflects the hunger among the republican electorate for new blood. and marco rubio is new to the national stage. he doesn't have a lot of baggage, he doesn't have a lot of things that opponents can attack. he is hispanic, he is from a swing state, he is like a demographic twofer for the republicans, it makes sense. and also, of course, he's a fantastic public speaker, and conservatives love his message. so it's not surprising he be in there. jon: chris christie is in the number three spot there behind rick santorum. we've talked about the possibility of a mitt romney, if he wins the nomination, picking santorum. chris christie doesn't seem like a logical choice being that they are both sort of, i guess, well, they're both governors or a former governor of a northeastern state. >> moderate northeasterners. chris christie does bring something romney lacks which is that fire and that connection with people and sort of a blue collar ethos that he would add to a ticket. but what romney, ultimately, will have to do if he is the nominee is convince social conservatives and libertarian-minded tea party folks that he has true religion now and he is going to stand by them. remember when john mccain picked sarah palin, that wasn't about her as much as him needing to demonstrate to the republican base that he was willing to pick a down the line conservative, fiscal and social, she was also young andivacious while he was not necessarily those things. so oftentimes, and we always have to remember this, the vice presidential pick says more about the nominee than it does about the pick themselves. jon: let's imagine for just a second that rick santorum wins the nomination. obviously, it's been a bloody primary so far, and it looks like it could continue to be that way for some time to come. does picking a mitt romney as your vice president, does that, does that hold water? >> to, but you'd probably -- no, but you'd probably pick somebody like mitt romney, jon huntsman, perhaps. binding up these wounds and getting the team back together with a focus on beating barack obama, so if santorum who is very socially conservative picks somebody who's more moderate and, in fact, you have in huntsman a guy who is also a mormon like mitt romney, is also more moderate, by picking him it would be a nod, it would be bowing to the sort of establishment side of the republican party and saying you were ready to do business. jon: i suppose we better get a nominee picked first, but it is an interesting exercise. [laughter] >> never too soon. jon: chris stirewalt, thank you. you can get more fox news if you're surfing the web while watching "happening now." chris hosts power play every weekday, 11:30 a.m. eastern time. jenna: premeditated murder or a tragic accident? the critical question facing jurors in this george huguely murder trial. the former university of virginia lacrosse player accused of killing his ex-girlfriend, yeardley love. our legal panel weighs in on whether the emotion of the attorneys crossed the line in the closing arguments. we're going to take a closer look at that. also, an extraordinary story. we're going to tell you about a flower that bloomed after spending 13,000 years buried in ice in siberia. jenna: and a squirrel helped them out here. jon: really? jenna: coming up next. jon: talk about a blast from the past, russian scientists say they've grown a plant from material frozen in siberia since the ice age. julie banderas is warming up to this story. >> reporter: yeah, could you imagine seeing mammoths roaming the streets of new york city? a flower resurrected by russian scientists had been stuck in siberian per ha frost for over 30,000 years. here's the picture of it from the ice age. it looks a little bit like an orchid, but it was already producing white flowers and viable seeds when they took this pac and brought it -- pic and brought it back to life. tissues found in squirrel burrows located 125 feet below the surface in layers containing bones of large mammals such as mammoth, wooly rye not rouse. this proves that tissue can survive ice concentration for tens of thousands of years opening the way to ice age mammals and other ancient life forms. pretty cool find. jon: yeah. so they got the plant back to life, they think they might be able to do the same thing with the wooly mammoth? >> reporter: maybe, who knows? what about dinosaurs? jon: i think they did that in that movie -- jenna: that's all we need right now. >> reporter: hey, dino dan on nick jr. one of the cool little facts of myself as a parent. jon: julie, thank you. jenna: well, this has been one of the big stories over the last few weeks, and we've watched this gut-wrenching testimony, and the juries has watched right along with all of us the george huguely murder trial. deliberations for that jury begin tomorrow. just a refresher, former uva lacrosse player accused of fatally beating his ex-girlfriend, yeardley love. was it first-degree murder, manslaughter or tragic action? chip merlin is a trial aattorney, joseph is a criminal aattorney. snag really caught our attention x this happened on saturday, the lead attorney for the prosecution while showing these pictures yet again of yeardley love's body and the bruises on it chokes up, gets very emotional while he's talking to the jury. and by the way, during this case one to have jury members actually had to leave because they, too, felt too affected emotionally about what was happening in the trial. is this a strategy by the prosecution? you're the trial attorney, would you say this is the way to go, to start crying during your closing arguments if you are the one giving that closing argument? >> it can be a double-edged sword because if jurors perceive they're being played as a result of the prosecutor trying to reach into somebody else's emotions -- and prosecutors do this for a living -- it could absolutely backfire, and the defense could, in this particular case, gained by the crime that goes on. this was a very emotional time. the defendant cried, the aunt of ms. love, she was crying throughout it, and one of the jurors had to the leave. so it's not the type of thing that a judge is going to look at and think, boy, this is something that might be framed by the prosecutor, it really might have happened exactly that way. jenna: joe, this is what the defense attorney did in response to that, the defense attorney said this to the jury: your job is to go back and cry about this and then wipe away tears and deliberate. now, this defense has gotten some criticism by the way that they've behaved in the courtroom from statements like that to, also, one of the defense team meetings getting sick and not showing up for trial for one and a half days. do you think they played this right? >> absolutely. i think it's crucial for a jury to put aside their emotions. what they should be focusing on are the facts of this case. that's what will determine whether or not this individual is guilty. you have to set aside the emotions and focus on everything here shows reckless conduct. it is an impossibility to prove first--degree murder. that's exactly what this defense attorney told them during his summation, and i applaud him for even though he's taking the lumps now in the press, but it was an important point for him to make. yes, this is an emotional case, but you must look at the facts of the case. jenna: people look at those facts in different ways. would you have put george huguely back on the stand? because he did not take the stand here, and they do have a police video of him confessing that -- they haven't submitted that confession, obviously, because he's on trial right now, but would you have george take the stand to explain what happened that night? do you think that was a mistake? >> i don't think so. i think the defense played their cards right. it's not necessary to expose this defendant to an unpleasant cross-examination. wewhat we have to remember is ta certain degree this is a circumstantial case. the only thing we're left with is there were two people in that room, the deceased and the defendant. and there's enough facts between medical testimony, the videotaped statement, there are enough facts for the defense to get their position out there. and i think that they have, and i think first-degree murder will not happen in this case. jenna: chip, your thoughts on this as well because the video in question really shows george huguely describing what happened to yeardley love. he talks about shaking her a little bit, wrestling her to the ground. he talks about tossing her on the bed, leaving her bleeding and, quote, knopping like a -- flopping like a fish out of water. the jury's going to be able to watch this video again and again if they want. he says he left her alive, the police tell him she's dead, and he starts crying, she's not dead, there's no way that she's dead. so in that statement he proved joe's point there. >> well, a lot of guilty people are remorseful after the fact, and that statement within the video that she freaked out and started hitting her head against the wall, i wouldn't have put him up on the stand either. he is a violent person. he was choking her way before this happened, sent an e-mail threatening i should have killed you, bashed his foot through the door, then goes in and does the act, steals the laptop that's got these incriminating e-mails, erases them and throws them in there, he acted like a guilty person. that type of passionate person if that violence comes back out could have damned him. jenna: how long do you think, joe, it's going to take for the jury to rule on this? >> i think if they can separate the emotions from this case and really focus on the facts, i think the top count was a stretch, it was overcharged by the prosecution. i think they should be able to do away with that count very, very quickly. um, you know, figuring out the finer points as to what counts there will be a guilty verdict on, i think that will take some time. probably by the end of the week there should be a decision. jenna: yeah. it's interesting to see, await some resolution for all parties involved. chip and joe, thank you so much for your insight. >> thank you. >> thank you. jon: disability claims jump sharply higher as jobless benefits run out. how this could help the administration by distorting thation's unemployment rate. plus, a major new bailout for greece. what it means for that country's future and the grim reality for greek citizens who now face many more years of economic sacrifice. 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[ female announcer ] and try aleve for relief from tough headaches. jenna: being out of work driving people crazy a new report maybe yes. millions of jobless americans are cashing in on your dime. here is how. with unemployment insurance checks running out some long term jobless are scrambling to fill the gap by filing claims for mental illness and disabilities as well so they can keep collecting. that hole they will have in the bank without the unemployment checks. connell mcshane of the fox business network is not a doctor and will not dying most the unemployed. >> no. jenna: when you're on unemployment a long time you start feeling depressed, some experts say that. >> but speaks to a number of large issues we report on all the time namely long term unemployed. the reason people are applying for disability. this start the in the "new york post", one of those stories i every in thought of that. makes sense. people unemployed for certain amount of time and disability filings go up. part of that, and this is all speculative, hard to read people's mind. could be because being unemployed for that long does affect your health. could be a number of other reasons for it as well. long-term unemployment is huge story. huge story in the statistics way unemployment is calculated in the country of. you have to be looking for work to be counted as unemployment. the actual unemployment rate, a lot of people have given up looking because they have been out of work so long. this is example that tells you happy-go-lucky in the stock market and hit 13,000 first time since may of 2008, a things are still rough for a lot of people out there. jenna: we keep hearing con minute is getting better and is that actually a reality. >> i think it is but not individually for a lot of people. that is tough part to connect these two. we sit here all the time on fox business network and you guys do some extent latest data come in, latest unemployment number has improved or latest piece of manufacturing data we received has gotten better. a lot of that is true. economy looks like has turned and started to improve. the pace of recovery is not being felt by a lot of people. even though, to go back to long term unemployment. again it is a big problem. that is something even getting better. the trend is improving. but with gas prices going up. we have gas prices as high as this time of year they have ever been. haven't seen gas prices like this in february. people say we'll see high $4, $5 gas who knows. high gas prices will hurt the economy but yes it is improving. jenna: the dow is passing 1,000. first time it has done that since 2008. which i guess is good thing but we're still nowherer into the highs of the market. all the basis of compare son. >> absolutely. back in 2007 and '08 we had financial crisis. we're better than 08. we better be. jenna: you feel better than 08? >> anything is better. jenna: we were working together in 2008. i'm surprised you said things are better. >> not everything is better. jenna: we'll talk more about that later. thanks very much, connell mcshane, fox business. jon: i'm feeling better than they are in greece. jenna: there is a comparison, wow. jon: another financial rescue plan for that country. $170 billion in bailout, buying greece more time to lower its debt and avoid default. greg burke is streaming live for us from rome. greg? >> hi, jon. you've heard about the 11th hour t was actually 13 hours in negotiations last night suggesting that not everybody in europe was crazy about giving greece all this money, a bailout deal worth $170 billion. now, there may be a deal but not everybody is celebrating in greece. certainly terms for the country are very tough. in exchange for all that money, europe is asking for cuts in salaries, cuts in pensions. cuts in jobs as well. so workers are out on the street protesting loudly once again. it got very nasty last week. we have certainly not seen the end of it. they're promising more protests in the coming days and coming weeks. europe is also overseeing greece very closely. now lots of questions remain, both for greece and for europe as well. the main one, is this just prolonging the agony? the finance ministers and banking officials who put this together, try to put a positive spin on this, saying greece will finally be in the position to get its act together. but many doubt that because they haven't seen it happen before. there is also some questions as to whether or not europe is just throwing all this money, trying to save the one country that really can not be saved. finally, jon, greece is a great place for a summer vacation, the beaches, the food, relatively good prices. but all the riots we've been seeing in recent weeks really don't do much to help tourism. jon? jon: greece and egypt both have the problem. all that violence doesn't bring in the tourists. thanks very much, greg burke in rome. jenna: we have new threats from iran today. the rogue nation reportedly warning it could take military action preemptively against its enemies. we have those new concerns how the u.s. should respond. our next guest says it is not time for us to attack iran. we're going to ask him why just ahead. jury selection is underway in a new jersey cyberbullying case that resulted in the suicide of this young man. the latest from that courtroom next. 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[ major nutrition ] ensure. nutrition in charge! jenna: u.n. nuclear watchdog team in iran today, holding talks over tehran's nuclear program. this week's visit coming amid growing concerns that iran is building atomic weapons. my next guest says iran is far away from the capability and any military action against iran should be the last option for the u.s. it simply is not time to attack iran. call we have the former u.s. deputy assistant secretary of defense tore middle east in from 2009 to 2011. what that means he helped dwell develop and implement the u.s. defense strategy against iran. nice to have you here today. >> thanks, good to be with you. jenna: we hear a lot of different opinions on iran, attack now before it is too late. we've been talking about iran for 30 years. we need to be more aggressive militarily. why do you think that is not the right approach? >> i think we need to keep force as an option which is what president obama has said, take no option off the table but we reached the now or never moment. the threat from nuclear iran is growing but not yet implement. jenna: so when is that last resort? when they have a nuclear weapon? >> i don't think so. certainly somewhere to the left of that. of that timeline but, what we're talking about is, at least, according to open source information, you know, six months to a year to develop enough uranium for a bomb. maybe a year for a testable device and several years for one that they could put on the tip of a missile. none of those time lines actually kick in until the supreme leader of iran make as final decision. director of national intelligence clapper said recently, no evidence he made that decision. there is reason to be believe he is not likely to make the decision in the near future. jenna: what if we're wrong? >> well, i don't think there is high probability of us being wrong because to actually produce enough weapons-grade uranium to build a bomb, they would have to use the declared facilities, either gnat tands enrichment facility and the city near the gom. both are under iae inspection which is the nuclear watchdog work. if they went for a bomb we would know and have time to react. jenna: you're basing on latest intelligence you have you have confidence in? some suggest that general keane was on our show last hour he gave us some perspective. it has been 30 years we talked about iran as sponsor of terror. they have used their proxies to attack our own people in iraq and afghanistan. they continue to sponsor terror and that has been the nature of our relationship for 30 years. considering sanctions, and these threats, and just dealing with iran as it is. how do we change that relationship? if it is not at the last resort then how do we change that so we don't spend another 30 years with the threat of iran in it did ways despite the nuclear capabilities potentially? >> i think general keane right there is deep hostility between the two countries going bab to the 1979 revolution that overthrough the shah. we have three decade of hostility. it will 23409 be changed overnight. we need to take abe by steps in right direction especially on nuclear program. on that context it is good news that the iranians said in recent weeks they're willing to return to the negotiating table. i think we should expect the negotiations, those talks will take place in the next few weeks, maybe the next month. let's see if we can make progress and creep away from this conflict scenario. jenna: mr. kahl, final question, looking more broadly at the middle east. we do hear about the with drawl of troops in afghanistan and we have the timeline there at the same time we're being told to have a lot more patience when it comes to iran. there seems to be certain amount of impatience when comes to place like afghanistan and call for more patience when it comes to sanctions in iran. my question for you is, how are the american people to really know, you know, when to be patient and who to really fear at this point when we look at our own national security and protecting our own country? >> i think every case needs to be judged on its own merit i would ask the viewers to judge the iran case on its merits. consensus of intelligence community and independent analyst who is have looked at this iran is not the on the brink of having a nuclear bomb. we still have options, sanctions, diplomacy, pressure before we get to the moment of decision on the military, on taking military action. jenna: we appreciate your expertise. we know you were really involved in this implementation of what is happening. we would love to talk to you in a couple months as we see the sanctions play out and stay up-to-date with this thanks so much for coming? >> sure. jon: the suicide of this college student sparked a national conversation about bullying. tyler clemente killed himself after learning his roommate spied on him during an intimate encounter with another man. now the roommate is going on trial. we'll update you on that. if you think diet soda today is better for you than the sugary, high calorie stuff, think again. health risks people are talking about with dr. manny joins us with the results of a new study. jenna: can i have some? jon: right now the trial for a former rutgers university student is underway in new jersey. he is accused of spying on his roommate's intimate encounter with another man. when that roommate found out he killed himself. julie banderas has details for us. >> reporter: jon, jury selection underway in the jersey courtroom for day run ravi, he spied on his roommate during a moment of gay independent masy using his -- intimacy, using his webcam. three days later ravi's gay roommate jumped to his death from the george washington bridge. this trial will be watched all over, will be broadcast live across the country and as far away as india. all eyes on this rare case. clementi's death struck a growing anti-bullying nerve in america. it became a blog-driven lightning rod for outrage in the gay community. pressure from gay rights groups and global media attention made the case one that a had to be prosecuted but some experts say the charges will be very difficult to prove. ravi, now, 1 years old, faces up to 10 years in state prison if he is convicted on multiple counts of invasion of privacy, witness tampering, hindering prosecution, and bias, intimidation. it will be a difficult case, jon. jon: one to watch. julie banderas. thanks. >> reporter: sure. jon: all right, so maybe you dip into a diet soda today once in a while. you think you save some calories and therefore you're healthier right. jenna: you see me do that on set every once in a while. or a snickers and diet coke. jon: diet snickers. not so much. according to some new u.s. studies --. jenna: jon wishes. one report claims older adults who drink too much diet soda today have higher risk of heart attacks and strokes. another study suggests there is higher risk of stroke as well. fox newsmanney alvarez, senior managing editor of fox news health.com. he will set the record straight. >> great headline. this is an association. what they're basically did they survey about the 2500 adults here in new york city. african-american, hispanics, and what they looked at is, well, if they controlled for, let's say weight, overall weight and a little bit of life-style, was there any increased risk of any complications and they found 44% increase in heart attacks and strokes. as compared to the control group who had 22%. jon: these are people who drink a diet soda today every day, right? >> they drank it when the survey was done. they didn't follow to see how much diet soda today they drank overall. so the question is, is this a risk factor? i think everybody who looked at the study would say no. it is an association because they did not take into account a couple of things. number one, family history, which is very important. again, you're talking about latinos like myself, african-americans, and we're a little bit in the high-risk category. number two, they didn't check cholesterol or any abnormal cholesterol history in the family. when you look at all these variables they did not make any association that diet soda todays created heart attacks. jenna: no direct line? >> right. when you talk to a lot of nutritionists tell you a lot of people that drink diet soda today, what they do, have a hamburger, i will cut back on calories. i will have a diet soda today but at the end of the day probably lifestyle, family history, and other risk factors are far more important than a little diet soda today as i said before. so everybody is okay. jenna: i do have diet coke with my hamburger, not because necessarily tastes better if you're a diet soda today drinker that's what you reach for. regular soda drinker that's what you reach for as well. i have a question for you because my husband gets on my drinking diet soda today. if you drink diet soda today and get real thing with real sugar. is he right? >> this will be bad. i tend to, i tend to, if you are able to control the calories and the rest of your diet, in other words, if you're not having like me, 10,000 calorie hamburger then it is okay to have a little regular soda. however if you're counting calories like me, then, go for the diet soda today. better yet, the glass of wine. keep pushing wine. good for your heart. jon: so no absolute correlation here? there is no, as jenna said, no direct line says drinking diet soda today will cause a stroke but there are some interesting correlations? >> interesting correlations. basically like every scientist will tell you, larger studies need to be done. we'll see what happens. jenna: you feeling if you drink diet soda today, craving? craving for sweets? >> they do say that again, people that drink a lot of diet soda todays always have that sweet tooth. they're looking for a lot of sugar. look at the end of the day i don't think, as long as you don't make it a daily staple and concentrate on overall health, diet soda today will not be dangerous for you. jenna: red wine? >> red wine. remember the red wine? jon: i like that. >> there you go. jon: dr. manny. >> thanks. jenna: setting the report straight. jon: that's right. you're probably feeling some pain as you fill up the gas tank as prices spike higher. guess what the? the bad news they are expected to continue rising. how these higher prices could seriously stall our brand new economic recovery. like and we did see something worth noting, the dow had crossed 13,000 for the first time since 2008. it's credited a little bit lower -- drifted a little bit lower, a few points, but something of note is we did hit a 52-week high on the dow just last week. we have seen some increases in the stock market and some believe, jon, if we do see some positive moves in the early part of the year, that's the way the stock market will move for the rest of the year. you have some big questions. you have greece, iran, a lot of things to consider, but at least for today partying like 2008 again. jon: yeah. we'll take the good news where we can get it. did dr. manny give me permission to have a diet soda with my snickers bar? jenna: do they cancel each other out? jon: that's the question. jenna: can't rule it all out. jon: he busted you on getting the diet soda with your burger. [laughter] jenna: we'll have more confessions of our dietary restrictions throughout the next -- jon: maybe we'll put a few on the blog as well. jenna: look forward to hearing from you and thanks for joining us, everybody. jon: "america live" starts right now. megyn: and this is a fox news alert on new drama with the showdown over iran's nuclear program. top israeli leaders are now publal
LouisianaUnited-statesAlabamaAustraliaMinnesotaCaliforniaSyriaCarolina-hospitalNorth-carolinaRussiaKansas-cityKansas griffin is live at the pentagon with momplet so exactly what did this iranian official say, jennifer? >> reporter: jon, this is the first time we've heard an iranian leader, a commander of the armed forces taking about taking a preemptive strike. let me quotena cnn muhammad hejazi, head of the forces, he said, quote, our strategy now is if we feel our enemies want to endanger iran's national interest and want to city to do that we will ability without waiting for their actions. it was clearly designed to be a message for israel, just as those iranian destroyers who passed through the suez canal over the weekend and dock a syrian port yesterday was designed as a message, a muscle flexing exercise for the israelis. we now understand that those iranian destroyers have left that syrian port. it's not clear whether they offo whether they offloaded cargo but they are traversing back through the mediterranean. >> what about the u.n. nuclear inspectors. we know they're in iran. are they actually accomplishing anything? >> they're in iran. it's the second time in three weeks that they've been there. they went home empty handed last time and it looks like they're set to do the same this time this. is the second day of their visit, they had asked to meet with iranian nuclear scientists. that was rejected. they also asked to be taken to the parchan military complex, that is conventional military base outside tehran, where the iaea suspects that there's a secret weapon making weapons there. there was a satellite only age from iaea in november that showed what they thought was a large drum of sorts that would be able to handle a large explosive test. those inspectors are not going to be given access to that facility we're told. jon: why are we not surprised? jennifer griffin, thanks. well, there are growing concerns at the gas pump, as the price of gasoline continues to soar, and experts warn it's only going to get worse, according to aaa. the national average, now 3.57 a gallon for unleaded regular. compare that to a year ago, when it was 3.17. not just painful for drivers, but for business owners as well. mike tobin, live in chicago for us. how is this latest spike impacting business there, mike? >> reporter: well, you know, jon, this gas crunch is probably as tough on the food service industry as any industry. your average priced restaurants don't have the ability to shift that cost on to customers. we look at bon abif restaurant, it costs them to get everything more, from the bread to the meat to the store, they run a catering industry, so the gas prices gobble up the profits there, and still at the same time, there's only so much you can charge for an italian beef. >> we've upgraded to smaller, fuel-efficient vehicles. we look at everything. there's no question. that is rises, it's a cost that we have to be concerned with. so as we look at everything, we before all possibilities but certainly as family owned company, we certainly don't want to ever, you know, impact our work force or anything else, but we try to be creative with how we'll solve that problem. >> reporter: and it gets tough as you look at the future, the gas prices are only going to go up. jon: you just had to get us thinking about food! pushing noontime on the east coast. hey, how are the gas prices there? >> reporter: let me look at the big board at this gas station in the center of chicago, just about 3.8 on a gallon. it gets pretty tough in the big cities, new york, l.a., chicago, are all getting hit, but still as you look around, people are still gassing up their cars. and the experts at gas buddy.com are saying that the consumers will continue to support the market until we get to this tipping point of $5 per gallon. only then will we see people start to change their driving habits and the markets start to drive the price back down, jon. jon: mike tobin, there live in chicago. mixed him up with mike emanuel there for a second. they don't really look alike. jenna: it happens, though t. seriously does. there are growing gas prices that could derail the economic recovery but before we get too far ahead of yourselves, let's talk about what we're seeing nationwide , the website that shows you where to find the cheapest gas in your neighborhood, that's a good thing, pat, and i'll get to that in a moment, but before we get started, how much did you pay for gas this morning? >> unfortunately i have a vehicle that takes premium, 4.09 a gallon this morning. jenna: that's painful! we were looking across the country and we have to take a look at what prices look like. we have a bit of a map that shows us what gas prices look like around the country and we've pull that up for you if we've got it. there it is. you can see the red on the coast, then it gets lighter in middle america. i actually asked our viewers, pat, to send some of their gas priceses which was -- prices which was really fun yesterday because you saw such a change in places like louisiana, jess pays 3.49, michelle pays 3.21, in tennessee, get out to california, it's 4.11. so what's up with the difference in prices? why do we see such a change between the coast and the middle of the country? >> exactly. you know, in wyoming today, they're paying 2.80, out in san jose, it's 4.05 a gallon today. a lot of it has to do with refineries, what type of oil they're using to process into gat -- into gasoline. in the rockies gas is so cheap because they use cheap canadian crude oil, as well as crude oil from north dakota that's selling at a huge discount to the type of oil that's used in california. and also in california, they're starting to switch over to summer gasoline. that costs more to produce. so there's a whole lot of different variables across the country. just really depending upon what type of oil is used in the refinery. jenna: so some, when they think canada, will think about the keystone pipeline project. you think about refineries, thinking about also off shore drilling near our coast. if we, let's say suddenly the keystone pipeline was cleared, we had all the drills we wanted around the country, then would that immediately bring down prices? or is that more of a long term strategy, when it comes to the price of gasoline that we're paying? >> there's a few wild cards with the keystone pipeline, would that crude be dispersed in the gulf or exported. that's the big question i have. if it stays in this country, it would likely help bring prices down rather quickly. some other issues as well could also change how things look, but the keystone pipeline certainly does have the ability to bring prices down, to hook up more community, more refinery toss that source of cheap canadian crude oil. >> jen pat, you've predicted 3.75-4.25 on national average per price for gallon of gas by may. it looks like you're probably about in there. do you think $5 on average nationwide is really something that's going to be reality this year? >> i don't think it will be a reality. i think it's relatively far fetched. now, that begs what you said. i don't believe $5 a gallon on average will 457 happen. sure you may fee a -- see a few station charging that price but by no means do i expect it to be an average for u.s. gas price. there is a potential that prices could flirt closer to that mark if there's some sort of military action in iran, but at this point diplomacy is still taking place, so that doesn't look likely. jenna: we'll see what happens with that station. gas buddy.com, how does it work? >> i report your gas prices in your neighborhood, download the smartphone app, and that's what we're here for, we point you in the direction where the cheapest gas is. and hopefully you don't take such a hit in your wallet. jenna: by the way, i use it for research as well, plug in zip codes around the country and it tells me what the ranges might be. a difference of 10 cents a gallon is a big one for all of us. thank you very much. >> certainly adds up. thank you. jenna: we will certainly be talking to you soon, sir, thanks again. jon: well, some critical primary contests in michigan and arizona, just a week away now. the polls show that mitt romney and rick santorum are locked in what looks like a 2-man tug-of-war. up next, karl rove on the latest numbers, and what romney needs to do to win the state where he was -- well, his home state, michigan. jenna: maybe it should just be tug-of-war. it would be easier. maybe more entertaining. in the meantime iran raises stakes in the tense standoff over the nuclear program. jennifer griffin just told us a bit about that, and a preemptive warning of a military strike. what does that mean for us, for israel, for the world? we'll talk about that. jon: plus a trip to disneyland takes a bizarre turn after a parked patron gets caught duis while disneylanding! he lashing out against the workers, gets a brutal takedown, complete with pepper spray. jenna: happennest place on earth? >> jon: believe it or believe it or not -- believe it or not, they have pipper spray there! 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. jon new polls show the gop horse race could be turning into sort of a 2-man tug-of-war. rick santorum, sharing the limelight with mitt romney, but who the frontrunner is might depend upon which question you ask. a february average by gallup shows santorum ahead of romentny by ten p percentage points, but a gallup-usa today survey shows 54 percent of americans think mitt romney has the skills to beat president obama, just 32 percent say santorum can win. take a live look at shelby township, michigan where mitt romney is fighting to win his own statement we may get to that video in just a minute. how hard will he have to fight to keep santorum at bay? karl rove is a fox news contributor and former senior adviser and deputy chief of staff to president george w. bush. i'm sure you've looked at numbers karl. why is mitt romney having trouble in michigan? >> well, first of all, he may have been born there but he lived there 40 years ago and times change, and this is a volatile race, in the real clear politics average, it's santorum up by 3.2%, 34 and change to 31 and change, and you can see the volatility in the lasto in the polls that they've done in the last couple of weeks. there's a new poll out from ppp, a democrat operation in north carolina showing rates at 37, santorum, 33. a week ago, they had it at 39, santorum, 24, romney. if you step back even further, you can see the volatility of it. there's a local pollster, mitchell, he has a race today at 30 santorum, 32 romney, but basically, 18 days ago, he had it at 15 santorum, 31 romney. so we've had a highly volatile race, impacted largely by what happened outside of michigan and now being shaped in the final weeks by what's happening inside michigan. jon: there's also the polling that i mentioned in the lead-in, though, that suggests that most republicans believe that mitt romney has the best chance to beat president obama. so despite this santorum surge, he's got problems, santorum has problems, making the case that he can win. >> sure. yeah, absolutely. and what's interesting to me is we have all these polls, we have eight polls in the last two weeks, six of them showing santorum winning, one showing a tie, one showing romney winning. of course it's to the advantage of romney that it's the last two polls that have been the best for himle and for santorum the earlier six polls were better for him, but you're right, it's between geez, i like santorum, he looks good, he sounds good and geez, romney sounds like the guy who has the better chance of beating obama and that's the tension we're seeing played out in the primaries and we're going to see it played out in the next seven days. we have this contest and the one in arizona are going to come down to a few factors and there are big inflection points remaining in the days before the primaries. jon: it's been kind of a see-saw game, the leadership in the republican race has changed four times or so in the last -- >> five. five times. we've had five frontrunners, seven different times in the national gallup poll. jon: right. and it seems to be a matter of who peaks when. newt gingrich peaked before iowa and everybody thought that was going to be great for him, but then he didn't do so well in iowa. at any rate, santorum, if he had to pick a time to surge, this for his purposes is a good time, right? >> yeah, well, he may have peaked a little bit too early, though. now, we do have five sort of things coming up here. we got a debate on wednesday night, which is going to be very important for all the candidates, we've got a friday speech before the detroit economic club by romney, which is sort of his last big chance to affect michigan, we've got the ad wars. this morning, santorum superpac basically went up with $600,000 more on television between now and next tuesday. that's a lot of money in michigan. and we got time. we've one of these candidates has a finite amount of time. yesterday, both candidates were in ohio, sort of midwestern market, trying to affect michigan and the march sixth ohio primary, but what's interesting is, on friday, while romney is going to be in michigan, rick santorum is going to be here in austin, texas, trying to raise money at $1000 a person breakfast, showing the tension between campaigning and having to raise money. finally, what they say each and every day, the message of the day is going to have a big impact because the race is so narrowly balanced, and there's one intangible we can't really evaluate. i fler 2000, we were confidentably ahead, not a lot, but comfortably ahead in the polls, george w. bush ahead of john mccain in michigan. michigan however is an open primary and the michigan education association and the u nated auto workers, who was then in a battle with michigan governor john engler, turned out people in the primary to embarrass him by voting for mccain and they succeeded. i was the guy who had to deliver the concession regrets in front of the television cameras, one of my least favorite moments. i don't know jon i'm sure that wasn't fun. i want to show you a quick chart and get a quick thought on it from you. it shows the president's approval rating versus the price of a gallon of gas. now, the president's approval rating, for 2012, the president's approval rating has been on the upswing of late but there you see the gas price on the green line going up and the president's approval rating seems to be trending downward. are the two things related? >> i think they are to some degree, because the question of cost of gasoline is the bigger question of the economy, and when you have one out of every six americans unemployed, working part-time while they're trying to seek full-time work, or so discouraged that they're out of the work force all together, and you put on top of that the gas prices, twice as high as when he came into office, 25 cents more a gallon than it was at the beginning of the year, significantly higher, nearly half higher than it was a year ago, it's going to be a problem. and i love this sort of brief -- we've had recently sort of the obama spring, early spring, where the media said oh god, he looks so great, look at these great numbers. his job approval rating one year out from the election was 43 and today in gallup, it is 44. that ain't exactly the biggest improvement. and things like gas prices, when they get to hit four bucks by memorial day, it's not going to be pretty inside the west wing. jon: karl rove, we'll continue to watch that race with you. thank you. >> you bet, thank you. jenna: the next story has really been dealing over the last several days, the search for a missing south carolina ceo. why police say they can't rule out foul play, after this well-known businessman simply vanishes. and from peter pan to pepper spray, a disney patron apparently had one too many and after taking a swing at security, you see what happens. the video has gone viral. we have the whole story for you, next. the best approach to food is tkeep it whole for better nutrition. that's what they do with great grains cereal. they steam and bake the actual whole grain while the otr guy's flake is more processed. mmm. great grains. the whole whole grain cereal. fresher less processed foods introducing freshpet recipes so fresh the only preservative we use is the fridge freshpet fresh food for fido hey, it's sandra -- from accounting. peter. i can see that you're busy... but you were gonna help us crunch the numbers for accounts receivable today. i mean i know that this is important. well, both are important. let's be clear. they are but this is important too. 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[ male announcer ] michelin knows it's better for xerox to help manage their finance processing. so they can focus on keeping the world moving. with xerox, you're ready for real business. jenna: police are looking for your help after an executive vanishes over the weekend. his name is tom fonzeller, he went to his notify clum barks south carolina but family got worried when calls went unanswered and after finding the car outside the office police say they're not ruling out foul play because they haven't heard from inform a couple of days. jonathan serrie is live for us. why the suspicion? >> >> reporter: this is a high profile lob list, tom spawnselle is ceo of the carolina hospital association, this is a guy in touch, it would be out of character for him to not answer his phone which he hasn't done since mid day saturday when he was last seen in his office near the state capitol in downtown columbia. when family members reported him missing police took it seriously from the get go they didn't impose that 48 hour waiting period that police do in certain other cases. so when they searched the building, though, they found no sign of spawnfeller but his car was parked outside so they are highly suspicious. jenna: any other clues of what may have potentially happened here? >> >> reporter: not yet but police are scouring for any clues in the area, they've been canvassing businesses nearby his office to see if perhaps any security cameras were able to capture any activity that happened around that building, mid day saturday. there are -- they are also checking the missing man's cell feend credit card records for activity. meanwhile, family members have helped find tom sponselle facebook page, the 61-year-old executive is balding with gray white hair, 6-foot one, 160 pounds, hazel eyes, and usually wears glasses. police are asking anyone with information to call midland's crime stoppers: jenna: all right jonathan, we'll continue to watch this story. jonathan serrie in atlanta, thank you very much for that. we have this news alert we want to share with you. saw it probably on our screen as jon was giving this report and we wanted to flag it. this was a few moments a. the dow crossed 13,000. these are levels, jon, we haven't seen since 2008. you think that you'd see them sooner than that but we haven't seen the dow cross one # thousand or close above 13,000 since may 2008, believe it or not. here we are today and the market was up last week. it's been a fairly good year so far for the stock market. we'll see if that continues. jon: you can be happy with your 401k today, right? >> jenna: we'll take it. at least for today. jon: sounds good. caught on camera, a belligerent man at disneyland lashes out at visitors and park workers, forcing security workers to restrain him and yes, they whipped out the pepper spray. julie: the happiest place on earth got a little less happy when someone decided to get drunk at one of the worst possible places in the -- and the whole thing was, as you mentioned, captured on camera. the incident occurred when a man was arrested for assaulting workers at disney california adventure park. the large and not in charge drunk man seen here on a cell phone vid he, slugging a park employee twice, then falling over from the momentum of his slugs, that suspect, 53-year-old glen horlacher, is eventually subdued by a combination of pepper spray, and as you can see, several park patrons who came to the aid of the security worker, they sat on him, then, as he screamed in apparent pain. police arrived at the scene, only to find horlacher penned under a group of park goers. are you glued to your screen? you're not alone. in fact, that video has gone viral. so something good, i suppose, came out of this. people are being entertained on the internet. he has since been released and awaiting a court date. no one fortunately was seriously hurt. jon: should be should have called pluto! bring in the dogs! >> i think they had a park ranger for that particular incident. jon: julie banderas, thanks. jenna: thank you threats from iran saying it will act against its enemies if it feels endangered, before an attack even happens. what does this mean, especially with the u.n. inspectors on the ground? we're going to take a closer look at that. and wild weather tearing into oklahoma, the desperate search underway right now for survivors of a horrific accident. we have that, next. jon: this is the acquisition center at fox news channel where you bring you satellite feeds from all over the world. take a look at remote 218, there's a live look at the dow. it crossed the 13,000 barrier just a couple of minutes ago. has fallen back down to 12997 or so. but we're keeping an eye on it. it looks good throughout the day. take a look at the white house, on remote 233. president obama is going to take a victory lap of sorts to announce that he and congress have come to a deal on the extension of the payroll tax cuts. he had hoped to sign the bill today but doesn't yet have it from congress we're told. on remote 293, that's a look the at moisture across the cascade range in oregon and washington. extreme avalanche danger as a result of 2-3 feet of snow that's just fallen. you might remember a few over the weekend, a few skiers and snowboarders were killed in an avalanche, very dangerous conditions in the high country there. jenna. jenna: i like aqui center better! jon: calling it that from now on. jenna: aquicenter instead of acquisitions. we have a guest coming up about iran but in the meantime we want to talk about politics today. we mention we've seen rick santorum surge in the polls and the president's team snow watching this and going a little bit on the attacks criticizeing his deficit reduction plan. wendt el goler, when you get the white house's attention, it does mean something. >> reporter: you're right, it's a sign that the obama 2012 campaign is taking santorum more seriously. santorum's superpac announcing it's doubling down on its spending in michigan in an effort to win the primary in mitt romney's home state and push romney out of the race. now, the policy director for obama 2012 sent out a memo saying both santorum and romney's budget proposals are unrealistic because they attempt to eliminate the decifit without raising taxes or cutting defense spending. james scovall saying romney's proposal would result in a 25 percent cut in all nondefense spending an santorum more than that. in a memo released today, he says romney and santorum's plans would leave the middle class paying a higher share of the tax burden, gut investments in middle class security, and let the housing crisis, quote, hit the bottom. meanwhile, the fundraising race is shaping up as a contest of the obama campaign against republican superpacs. the president raised last month $29 million, which is about as much money as all the republican candidates combined, though his superpac, priorities usa, raised a tiny fraction less than 1 percent of what republican superpacs pulled in. now, that is probably why the president decided to give priorities usa his blessing and allow cabinet secretaries to address the group, after saying the superpac posed a danger to democracy itself, because of their ability to spend unlimited amounts of money on candidates without saying where the money came from. priorities usa will disclose its donors. jenna. jenna: wendell, we'll continue to watch it. thank you very much, wendell goler at the white house today. jon: well, u.n. nuclear inspectors are in iran for a second day, but get this. they're not inspecting anything. apparently, they are just there to hold talks with officials in tehran. yesterday, the team asked for access to the parchan military complex outside tehran and were denied. some suspect that site is secretly being used to try to build nuclear weapons, that as that deputy military chief warns of a preemptive strike if iran is threatened. here now, former vice chief of staff of the army, retired four star general jack ke. ne, also a fox military analyst. i suppose it should come as no surprise that iran lets the expecters in but then won't let them inspect anything, hey general? >> yeah, this has been a pattern for over ten years now. they maintain a veil of secrecy certainly over the nuclear development program, they let inspectors come, they usually don't let them see all the sites they want to see and don't let them talk to the scientists they want to talk to, and they start to go into a negotiation role, which has also been a major tactic they've used for years and have been frankly quite successful at it. their program is moving on, and they use these tactics to buy time so they can get this program developed. jon: so do you suspect that one of the days we're going to wake up and find they do have a nuclear weapon? >> well, absolutely. i mean, we're on a path for them to have a nuclear weapon. make no mistake about it, they say this is all about nuclear energy. if that was the case, why wouldn't they let the inspectors come in and see every facility they want to see and talk to every scientist they want to see? the answer is obvious. they truly have something to hide, we're moving towards a nuclear capability. that's what's got the israelis so excited, because they think it's near term versus far term. jon: well, and the administration has been leaning on the israelis not to attack, right? >> yeah. the administration has put so much pressure on israel to not attacks they're actually taking the pressure off the iranians in terms of coastalling -- developing the nuclear weapons program and unfortunately i think what the white house is doing is signaling to the iranians clearly that by putting this pressure on the israelis not to attack, they're also telling the iranians that we would not attack, and therefore, we're forfeiting our right to use coercive diplomacy and trying to bring the iranians to he. l in terms of voluntarily giving up their military program. jon: what about this warning from iran that it is going to attack, it will make a preemptive attack if it feels threatened? >> well, look it, jon, everything the iranians are saying in terms of threat of violence, we have to take seriously. they've been killing americans for over 30 years, and killing israelis for over 30 years, using proxies to do it. but from a military perspective, it doesn't hold up to scrutiny. they do not have the military capacity to take out all of the israeli capability they would use in an attack. that's the harsh reality. they do have the capacity certainly to use terrorism against vulnerable targets, and they could shoot missiles at israel. but they would not be able to preemptively take out israeli military capacity. the second thing they would do, if they did a direct attack on israel, as they're claiming they would do preemptively, they give up the geopolitical advantage they have, in receiving an unprovoked by israelis by preemptively attacking the israelis. that would be a major blow to them i think politically. jon: so it seems that we are, you know, spending more time and effort trying to convince the israelis not to attack than we are trying to get these iranian facilities opened for inspection. >> reporter: well, absolutely. the iranians are in control of what facilities they want to open for inspection. i mean, what remains in the kit bag still is we could impose crippling sanctions on the iranians. i mean, not -- >> jon: haven't we done that? >> -- protocol -- no. i'm talking about crushing the central bank and the other banking systems, seizing all their foreign assets, literally stopping all of the international community with the exceptions of some of their allies from trading with them, shutting down the support for their refining operation. and also, quite frankly, using covert operations, cyber attacks, against limited economic and military targets and espionage in concert with the rollies. if we -- israelis. if we did that we would still have a chance to get them to voluntarily give up the program. jon: general jack keane, thank you. >> take care jon. jenna: more on that next hour, a different perspective, someone who says we shouldn't considering military action and what is happening is working. we'll have that next hour. in syria, government forces unleashing a heavy artillery act, in the town of homs. dozens have died so far. we'll have a live report on that. former imf chief dominic strauss kahn, you remember him, once accused of raping a hotelet -- hotel maid is accused of criminal charges relating to a prostitution ring. more on that. ou don't wait until the end of the quarter to think about your money... ♪ that right now, you want to know where you are, and where you'd like to be. we know you'd like to see the same information your advisor does so you can get a deeper understanding of what's going on with your portfolio. we know all this because we asked you, and what we heard helped us create pnc wealth insight, a smarter way to work with your pnc advisor, so you can make better decisions and live achievement. a smarter way to work with your pnc advisor, this was the gulf's best tourism season in years. all because so many people came to louisiana... they came to see us in florida... make that alabama... make that miissippi. the best part of the gulf is wherever you choose... and now is a great time to discover it. this year millions of people did. we set all kinds of records. next year we're out to do even better. so come on down to louisiana... florida... alabama... mississippi. we can't wait to see you. brought to you by bp and all of us who call the gulf home. weight loss programs can be expensive. so to save some money, i just got the popular girls from the local middle school to follow me around. ew. seriously? so gross. ew. seriously? that is so gross. ew. seriously? dude that is so totally gross. so gross...i know. there's an easier way to save. geico. fifteen minutes could save you fifteen percent or more. jenna: fox news alert, "happening now" in d.c., that's the president talking about the payroll tax cut extension, taking a bit of what some have described as a victory lap for getting this through congress, it was something the president wanted and congress ended up passing it. he's not signing the bill today. this is just described as an event around the payroll tax cut extension. so we'll keep you posted on any news, if you want to watch the president, foxnews.com. jon: coming up new next hour, the uva lacrosse murder trial enters a crucial phase, as jurors face a tough decision. was yeardley love's death a murder or a tragic accident? our legal panel weighs in. and as the gop contenders battle it out on the campaign trail, the conversation is turning to the number two spot. who's on the short list in the lead states in we'll take a look at that. >> new concerns about diet soda, the shocking results of a new study and why your favorite soft drink could be a health risk. we'll get into it. jenna: more deadly violence in syria today after this in the devastating city of homa, at least 30 were killed in new attacks. we assume this video we're getting is from homa, syria. styles it's hard to verify. this as government forces launch a brutal assault aimed at retaking rebel-held neighborhoods. this has been the hotbed of everything. dominic di-natale joins us live from beirut, lebanon with more. >> reporter: killed today, some 340 people in the city, and in endlessly heavier violence, as many as 250 shells and rockets, slam going that particular southeastern part -- southwestern part, sorry, of the city, human rights says it was totally relentless, people were running for their lives, 133-millimeter rockets were fired and those weigh 80 pounds each, designed to penetrate heavy armour, those going into the residential neighborhoods. this ahead of a gathering, intensifying of a number of government troops around the city. they were expecting large operations to move into the area. that hasn't happened because opposition troops have managed to prevent the government forces from entering. they've really managed to block them out. that's quite incredible since we're only looking at two, 300 fighters at the moment. the red cross in the meantime is trying to negotiate help in the fighting, they want to get aid into homs. it's been 18 days of horrendous attacks and many are suffering badly, but it could be the end of the week before we see anything in terms of humanitarian efforts. it's going to take a measure with the friends of syria to work out how they're going to safely open up those routes to get the aid in and get the help to people who need it most. back to you jenna. jenna: dominic, thank you. jon: well, extreme weather is hitting parts of the country. in kansas, a powerful storm, raging right now outside wichita, strong winds and hail breaking window, flipping car, and knocking out power. the storm lasted only about five minutes, but folks described the panic. >> the trailer trailers flippedr , then the windows on my car blew out. a little old lady was crying, everyone was scared but we were excited and just standing tarn and watching everything. it was crazy. jenna: windows of her car blew? that's incredible. take a look at southern oklahoma, at least one person is dead after a trailer park was hit with winds upwards of 70 miles per hour, recent -- rescue crews searching for survivors. one man was pulled from the wreckage. the search is still underway, though, jon. jon: where is that storm headed next? maria molina live in the fox weather center. reporter error fortunately the storm system is weakening and headed eastbound. i want to show you quickly where the reports came out of yesterday, severe weather across parts of oklahoma and kansas. we had 18 months of -- reports of damaging wind gusts over kansas, that's where you had the damage to cars and buildings and the one fatality unfortunately out of oklahoma, as a trailer home was destroyed. now, that is further off to the east, bringing lit snow across portions of minnesota, wisconsin, into michigan. most accumulations just between 1-3 inches of snow. so it's really weakened a lot and doesn't have moisture with it, so those rain showers further off to nine south -- off to the south, hit or miss showers, not a lot of rain across georgia or the carolinas. because the system is a relatively weak cold front, we're not going to see a big drop in temperatures behind it. take a look at the high temperatures, 55 new york city, warmer than what it's going to be out there today, 45 cleveland, well above average, even further off to the west, like kansas city looking at a high of 65 direction temperatures up to 20 degrees above what's typical for this time of the year across parts of the central plains as we head into mid week. otherwise we've heard about the northwest, big time problems out here, jon, we've talked about the avalanche warnings in effect out here and we're going to see those wind gusts up to 60 to 70 miles per hour across portions of the northwest and here's a look at the avalanche warnings in place for today. jon: maria molina in the fox weather center, thank you. jenna: scientists are doing the unthinkable, reviving a flower from the ice age, some 32,000 years ago. the remarkable story we have for you, coming up. and these may be small. but these are causing a big problem in one state. never thought i'd have to say this on the airks jon, but apparently there's a chihuahua dilemma! >> jon: chihuahua dilemma? >> jenna: uh-huh. we're going to cover it for you, and that's next! looking good! you lost some weight. you noticed! these clothes are too big, so i'm donating them. how'd you do it? eating right, whole grain. [ female announcer ] people who choose more whole grain tend to weigh less than those who don't. multigrain cheerios... five whole grains, 110 calories. jen the former imf chief who was once cleared of charges he raped a new york hotel maid is facing new charges connected to a prostitution ring. french police detaining dominic strauss kahn in charges of pimping and misusing companies funds, investigators say he had sex parties in paris, as well as in washington d.c. and had a nand a prostitution training spanned into neighboring belgium, they want to know if kahn was aware of the women entertaining him at various parties were paid prostitutes, the 62-year-old arrived on his own for questioning. he could face 20 years behind bars. obviously this is the beginning part of this case. jon: and one year after a deadly earthquake, people in new zealand are still rebuilding their town. you'll remember the terrifying scene out of christchurch, where devastating quakes killed 185 people. but despite a decimated business district and aftershocks many say they are staying and the proof might be in the numbers. a study taken four-months after the quake show the population declined 2.4%. it's a tragedy, but many say it has made the people of christchurch stronger. jenna: amazing that was just a year ago. the pictures are still remarkable. a daring rescue caught on camera in california. emergency crews saving two dogs stuck on the side of a cliff. you can sort of make them out there. there's the firefighters hoisting themselves down to get the golden retrievers, the opener says her dogs probably heard the sound of the ocean and simply bolted and didn't realize where they were going. there's the pooch, she seems okay. they did fall approximately 100 feet but as you mentioned, all okay, and glad to be back on solid ground. jon: those dogs have nine lives. too many chihuahuas? the pined sized pups are growing in popularity but creating a problem in arizona, joining pit bulls as the most common doggings at local pounds. why? well, maybe julie banderas can explain. >> reporter: a lot of people like little dog, an overcrowding problem at the humane society causing a huge problem really by an overabundance of two specific dog breeds, chihuahuas and pit bulls, the overpopulation problem so bad chihuahuas and pit bulls make up 30 percent of the dogs up for adoption at the humane society with chihuahuas being one of the most popular bleeds, the dogs we're told are coming in from everywhere and many, sadly, are sprays. >> this guy here came in as a spray, he was unfortunately attacked by another dog. but we see a lot of people bringing in their little chihuahua, and also because of cost. >> i guess with so many homeless pets, the humane society says really the first place you should turn are these homeless pet shelters that they're looking to add a four legged friend to your home. i always say, going to the brooders you're forgetting the pets that have to be euthanized if you don't go in and adopt them. sad story. jon: julie, thank you. >> sorry. jenna: chocolate lovers, this is definitely for you, the world's largest chocolate bar is on a cross country tour, making a pit stop in oklahoma city, tipping the scales at more than 12,000 pounds. it contains more than 5000 pounds of sugar and a lot of calories, and so far, no bite marks, making it complete at this point. looks pretty good, though! >> jon: with none of the republican candidates breaking away from the pack, we are now starting to hear the word brokered convention what does it mean? and what would it do to the presidential snrais we'll get into that. plus, breaking details on the honeymoon murder trial of gabe watson. we're awaiting a key decision on a piece of evidence that could change this case. we're live with that at the top of the hour. fore! no matter what small business you are in, managing expenses seems to... get in the way. not anymore. ink, the small business card from chase introduces jot an on-the-go expense app made exclusively for ink customers. custom categorize your expenses anywhere. save time and get back to what you love. the latest innovation. only for ink customers. learn more at chase.com/ink i used to not travel very much, but then i discovered hotwire. now, i use all my vacation days. i can afford to visit my folks for the holidays. and reconnect with my girlfriends in vegas. beuse i get ridiculously low prices on all my trips. you see, when hotels have unsold rooms, they use hotwire to fill them, so i g 4-star hotels for up to half off. now i can afford a romantic trip to new orleans. hi honey! ♪ h-o-t-w-i-r-e... ♪ hotwire.com >> welcome back, you're watching "happening now." brand new information and news coming into our control room, let's take a look at video number one. both sides have rested in the lacrosse murder trial, whether this man is accused of a cold-blooded killer and will he eventually be prosecuted, we're going to find out if he is convicted on that charge. also danica patrick, nascar star, we're going to find out the future of her career. she's going to be making a very important announcement in the next hour, and also are you like me, do you have an addiction to, like, diet pepsi or coke? you may be thinking you're doing your body good, but you're actually doing your body harm. find out why diet coke is to good. no good. ♪ jenna: dr. manny is going to join us on that. there's a new study on diet soda, inconclusive at this time. jon: interesting results. jenna: that's coming up in just a little bit. breaking details right now in the honeymoon murder trial. we're glad you're with us, i'm jenna lee. jon: i'm jon scott. a judge is about to release a decision. jenna: they're asking to play this videotape that has a reenactment of the alleged murder which, according to the prosecution, pokes holes in the story that gabe watson is telling. jon: watson is accused of killing his wife, tina, while they were scuba diving so he could cash in on her life insurance. >> reporter: hi, jon, good to see you. we're expecting that ruling any moment now on whether or not jurors can take a look at that reenactment video of the aled crime by australia police. prosecutors say the video determines whether or not watson is telling the truth about where his wife's body was when she sank so to her death. the judge says he's not convinced the recreation video is a valid test of gabe watson's story from that day. the judge says there are so many variables like the ocean's current, water temperature and, of course, experience level to rely on this one piece of evidence. now, alabama prosecutors as you say, watson says he turned off his wife's air supply, waited for her to become lifeless before she sapg to the bottom of the ocean while he went to the boat to get help. the jury has to await testimony from her best friend claiming that gabe watson showed pictures of his dead wife at her funeral in front of a sign that said caution: drowning. they're also hearing from this man, a scuba expert from australia, who worked to revive her. >> we were doing cpr, mouth to mouth resuscitation. then once the doctors came onboard, i know they were doing, i think what they call extra jug la veins they were trying to get lines into the jug vein so -- jugular vein so they could administer end neff for instance. >> what is watson's defense? he said his wife was an inexperienceed dive, she panicked, she wiped off his mask, and he was unable to breathe. by the time he got his bearings, she was too far for him to rescue her which is why he went about 50 feet to the ocean's surface to get help. jon: keep an eye on it for us. thank you. jenna: in the meantime, we're going to turn to politics now. a new gallup poll gives rick santorum a double-digit lead over mitt romney, but do republican voters think santorum is the best candidate when it comes to beating the president in november? alicia acuna is joining us now heading to arizona, a very important state here in this part of the race. tell us what you've seen so far. >> reporter: sure thing, jenna. well, preparations are underway here in phoenix right now for the maricopa county republicans' lincoln day luncheon where senator rick santorum is set to speak. let's take a look at those numbers, that most recent gallup poll taken between february 15th and the 19th. you can see santorum breaking away from his republican rivals. he leads mitt romney by ten points, and in a separate "usa today"/gallup survey at the same time, romney has a striking lead over santorum, and that is the case romney continues to try to make as he travels to his home state of michigan and in super tuesday states like ohio. take a listen. >> i'm the only one who is spent the majority of his career in the private sector. i understand what it takes to create jobs and grow jobs. i became a fiscal conservative by being a business person. i don't think you can be a liberal business person financially. if you are, you'll go broke. in business you've got to realize you can't spend more money than you take in. >> ladies and gentlemen, we need someone who understands, who comes from the coal fields, who comes from the steel mills, who understands what average working people in america need to be able to provide for themselves and their families. [cheers and applause] >> reporter: now, arizona has its primary next tuesday as well, and romney's lead here has started to shrink over time, but it may not matter. because 200,000 people here have already participated in early voting. >> so to the extent that people voted a long time ago, that favors romneyment -- romney. his lead in this state has been collapsing, but if a lot of the electorate has voted well in advance of that collapse, then that argues very well for him. >> reporter: now, all four of the leading candidates are arriving in the valley of sun within the next 24 hours in many preparation for a debate tomorrow night. jenna? jenna: alicia acuna for us in arizona today. jon: well, republicans are looking ahead to august when they officially choose a nominee for president. will it be romney, santorum, gingrich, paul? who knows. there is a small chance, though, when the candidates arrive for the convention, up in of them -- none of them will have gathered enough delegates to clinch the nomination. shannon bream is live in washington with a look at what could happen. >> reporter: well, jon, there is a split about what might happen in that situation. there's one camp which believes there's almost no chance the gop goes into a brokered convention. count karl rove among that group. >> i think it's about as rehot as life on pluto -- remote as life on pluto. it could happen, sure. you could make up all kinds of scenarios, but in all likelihood what happens is once somebody starts to win, they keep on winning. >> reporter: well, there are others. top republicans on capitol hill think a contestant convention could be a real possibility and that raises the question about whether someone who's not currently running could wind up as a nominee. jeb bush, chris christie, mitch daniels, all of them have repeatedly said they are not running in 2012. larry sabato says, though unlikely, there is a scenario in which someone new could jump into several late contests. >> if a candidate chose to get this at that point and actually contest those late primaries and won those late primaries, then he would have an argument to make to the convention that i'm the answer to the problem. >> reporter: michigan congressman that'd mccotter who did briefly run for the gop nomination himself says that would be unfair to the current candidates and would reward someone who didn't have what he called, quote, the courage to run in the first place. mccotter also worries it would be insulting to all those primary voters who cast their ballot. jon? jon: shannon bream live in washington, that'll be interesting, thanks. jenna: a lot more to talk about when it comes to politics. we know the front runners, but who tops the list of vice presidential candidates? a few of the names might surprise you. chris stirewalt with his power play is going to be joining us right after the commercial. i'm a marathon runner, in absolute perfect physical condition and i had a heart attack right out of the clear blue... i'm on an aspirin regimen... and i take bayer chewables. 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[ laughs ] he's my success story. what do you get when you combine the home depot with this weekend? the cure for cabin fever. because with get-it-done savings on everything we need... we can turn this weekend into a fresh floor... or an updated bathroom... or a brand-new look. so let's hit those orange aisles, and make today the day, we make a big difference, no matter how big our budget. more saving. more doing. that's the power of the home depot maximize your budget with great buys, like mosaic tile, just $4.98 per square foot. jenna: right now a few crime stories we want to share with you some developments on those, an amber alert for three children in idaho all under the age of 10. police say the kids were staying at a foster home when their biological mother picked them up for a scheduled visit. they were supposed to be back saturday afternoon, they never showed up. opening arguments today in the trial of the one and only person charmed in connection with a deadly crane collapse in new york city. the crane owner, james lomas charged with manslaughter for the disaster back in 2008. seven people died when that massive rig collapsed on a building not too far, in fact, from fox news headquarters. and a report on cocoa puffs, a washington state woman charged with murder are arguing their client should be allowed to eat cereal and other sugary snacks. right now she's being denied access to the jail's cafeteria. jon: let's get back to speculation about who will be tapped as the gop vice presidential nominee. the leading contenders so far might surprise you. chris stirewalt, fox news digital politics editor and host of "power play" on foxnews.com live joins us now. you would think when you get down to a one-two situation if it's mitt romney as nominee, he might want to pick rick santorum to satisfy everybody, but that's not necessarily a choice that makes sense. >> well, it doesn't always make sense. you saw in 2008, jon, with the democrats, barack obama and hillary clinton took it down to the wire, but he passed her over for joe biden, to pick him. it was an outreach to the same kind of voters, blue collar folks in a swing state like pennsylvania, but he did not want to have to revisit all of the very unhappy and sort of nasty things that had passed back and forth between the campaign with having her out on the trail running for him. so he bypassed her and went to biden. and certainly as things get nastier and nastier in the republican race, harder for one of these folks to pick another one of them to be their running mate because it just dredges up all of the worst things that anybody said about anybody else. jon: so it makes you look insincere or maybe hypocritical if you've been blasting somebody with negative ads and then pick them as a running rate. >> right. even his running mate said xy, z about governor romney or senator santorum or speaker gingrich, and it cues up too good a sound bite for the other side. jon: folks at dickenson university took a poll and asked republicans, socially, who would you like to see in the number two spot, and they polled, i think, 799 remin and independents -- republican and independents, and these are the answers they got. more of them for marco rubio, the freshman florida senator, than even rick santorum or governor chris christie of new jersey. are you surprised? >> no. and i would think this reflects the hunger among the republican electorate for new blood. and marco rubio is new to the national stage. he doesn't have a lot of baggage, he doesn't have a lot of things that opponents can attack. he is hispanic, he is from a swing state, he is like a demographic twofer for the republicans, it makes sense. and also, of course, he's a fantastic public speaker, and conservatives love his message. so it's not surprising he be in there. jon: chris christie is in the number three spot there behind rick santorum. we've talked about the possibility of a mitt romney, if he wins the nomination, picking santorum. chris christie doesn't seem like a logical choice being that they are both sort of, i guess, well, they're both governors or a former governor of a northeastern state. >> moderate northeasterners. chris christie does bring something romney lacks which is that fire and that connection with people and sort of a blue collar ethos that he would add to a ticket. but what romney, ultimately, will have to do if he is the nominee is convince social conservatives and libertarian-minded tea party folks that he has true religion now and he is going to stand by them. remember when john mccain picked sarah palin, that wasn't about her as much as him needing to demonstrate to the republican base that he was willing to pick a down the line conservative, fiscal and social, she was also young and vivacious while he was not necessarily those things. so oftentimes, and we always have to remember this, the vice presidential pick says more about the nominee than it does about the pick themselves. jon: let's imagine for just a second that rick santorum wins the nomination. obviously, it's been a bloody primary so far, and it looks like it could continue to be that way for some time to come. does picking a mitt romney as your vice president, does that, does that hold water? >> to, but you'd probably -- no, but you'd probably pick somebody like mitt romney, jon huntsman, perhaps. binding up these wounds and getting the team back together with a focus on beating barack obama, so if santorum who is very socially conservative picks somebody who's more moderate and, in fact, you have in huntsman a guy who is also a mormon like mitt romney, is also more moderate, by picking him it would be a nod, it would be bowing to the sort of establishment side of the republican party and saying you were ready to do business. jon: i suppose we better get a nominee picked first, but it is an interesting exercise. [laughter] >> never too soon. jon: chris stirewalt, thank you. you can get more fox news if you're surfing the web while watching "happening now." chris hosts power play every weekday, 11:30 a.m. eastern time. jenna: premeditated murder or a tragic accident? the critical question facing jurors in this george huguely murder trial. the former university of virginia lacrosse player accused of killing his ex-girlfriend, yeardley love. our legal panel weighs in on whether the emotion of the attorneys crossed the line in the closing arguments. we're going to take a closer look at that. also, an extraordinary story. we're going to tell you about a flower that bloomed after spending 13,000 years buried in ice in siberia. jenna: and a squirrel helped them out here. jon: really? jenna: coming up next. jon: talk about a blast from the past, russian scientists say they've grown a plant from material frozen in siberia since the ice age. julie banderas is warming up to this story. >> reporter: yeah, could you imagine seeing mammoths roaming the streets of new york city? a flower resurrected by russian scientists had been stuck in siberian per ha frost for over 30,000 years. here's the picture of it from the ice age. it looks a little bit like an orchid, but it was already producing white flowers and viable seeds when they took this pac and brought it -- pic and brought it back to life. tissues found in squirrel burrows located 125 feet below the surface in layers containing bones of large mammals such as mammoth, wooly rye not rouse. this proves that tissue can survive ice concentration for tens of thousands of years opening the way to ice age mammals and other ancient life forms. pretty cool find. jon: yeah. so they got the plant back to life, they think they might be able to do the same thing with the wooly mammoth? >> reporter: maybe, who knows? what about dinosaurs? jon: i think they did that in that movie -- jenna: that's all we need right now. >> reporter: hey, dino dan on nick jr. one of the cool little facts of myself as a parent. jon: julie, thank you. jenna: well, this has been one of the big stories over the last few weeks, and we've watched this gut-wrenching testimony, and the juries has watched right along with all of us the george huguely murder trial. deliberations for that jury begin tomorrow. just a refresher, former uva lacrosse player accused of fatally beating his ex-girlfriend, yeardley love. was it first-degree murder, manslaughter or tragic action? chip merlin is a trial aattorney, joseph is a criminal aattorney. snag really caught our attention x this happened on saturday, the lead attorney for the prosecution while showing these pictures yet again of yeardley love's body and the bruises on it chokes up, gets very emotional while he's talking to the jury. and by the way, during this case one to have jury members actually had to leave because they, too, felt too affected emotionally about what was happening in the trial. is this a strategy by the prosecution? you're the trial attorney, would you say this is the way to go, to start crying during your closing arguments if you are the one giving that closing argument? >> it can be a double-edged sword because if jurors perceive they're being played as a result of the prosecutor trying to reach into somebody else's emotions -- and prosecutors do this for a living -- it could absolutely backfire, and the defense could, in this particular case, gained by the crime that goes on. this was a very emotional time. the defendant cried, the aunt of ms. love, she was crying throughout it, and one of the jurors had to the leave. so it's not the type of thing that a judge is going to look at and think, boy, this is something that might be framed by the prosecutor, it really might have happened exactly that way. jenna: joe, this is what the defense attorney did in response to that, the defense attorney said this to the jury: your job is to go back and cry about this and then wipe away tears and deliberate. now, this defense has gotten some criticism by the way that they've behaved in the courtroom from statements like that to, also, one of the defense team meetings getting sick and not showing up for trial for one and a half days. do you think they played this right? >> absolutely. i think it's crucial for a jury to put aside their emotions. what they should be focusing on are the facts of this case. that's what will determine whether or not this individual is guilty. you have to set aside the emotions and focus on everything here shows reckless conduct. it is an impossibility to prove first--degree murder. that's exactly what this defense attorney told them during his summation, and i applaud him for even though he's taking the lumps now in the press, but it was an important point for him to make. yes, this is an emotional case, but you must look at the facts of the case. jenna: people look at those facts in different ways. would you have put george huguely back on the stand? because he did not take the stand here, and they do have a police video of him confessing that -- they haven't submitted that confession, obviously, because he's on trial right now, but would you have george take the stand to explain what happened that night? do you think that was a mistake? >> i don't think so. i think the defense played their cards right. it's not necessary to expose this defendant to an unpleasant cross-examination. wewhat we have to remember is ta certain degree this is a circumstantial case. the only thing we're left with is there were two people in that room, the deceased and the defendant. and there's enough facts between medical testimony, the videotaped statement, there are enough facts for the defense to get their position out there. and i think that they have, and i think first-degree murder will not happen in this case. jenna: chip, your thoughts on this as well because the video in question really shows george huguely describing what happened to yeardley love. he talks about shaking her a little bit, wrestling her to the ground. he talks about tossing her on the bed, leaving her bleeding and, quote, knopping like a -- flopping like a fish out of water. the jury's going to be able to watch this video again and again if they want. he says he left her alive, the police tell him she's dead, and he starts crying, she's not dead, there's no way that she's dead. so in that statement he proved joe's point there. >> well, a lot of guilty people are remorseful after the fact, and that statement within the video that she freaked out and started hitting her head against the wall, i wouldn't have put him up on the stand either. he is a violent person. he was choking her way before this happened, sent an e-mail threatening i should have killed you, bashed his foot through the door, then goes in and does the act, steals the laptop that's got these incriminating e-mails, erases them and throws them in there, he acted like a guilty person. that type of passionate person if that violence comes back out could have damned him. jenna: how long do you think, joe, it's going to take for the jury to rule on this? >> i think if they can separate the emotions from this case and really focus on the facts, i think the top count was a stretch, it was overcharged by the prosecution. i think they should be able to do away with that count very, very quickly. um, you know, figuring out the finer points as to what counts there will be a guilty verdict on, i think that will take some time. probably by the end of the week there should be a decision. jenna: yeah. it's interesting to see, await some resolution for all parties involved. chip and joe, thank you so much for your insight. >> thank you. >> thank you. jon: disability claims jump sharply higher as jobless benefits run out. how this could help the administration by distorting thation's unemployment rate. plus, a major new bailout for greece. what it means for that country's future and the grim reality for greek citizens who now face many more years of economic sacrifice. 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[ female announcer ] and try aleve for relief from tough headaches. jenna: being out of work driving people crazy a new report maybe yes. millions of jobless americans are cashing in on your dime. here is how. with unemployment insurance checks running out some long term jobless are scrambling to fill the gap by filing claims for mental illness and disabilities as well so they can keep collecting. that hole they will have in the bank without the unemployment checks. connell mcshane of the fox business network is not a doctor and will not dying most the unemployed. >> no. jenna: when you're on unemployment a long time you start feeling depressed, some experts say that. >> but speaks to a number of large issues we report on all the time namely long term unemployed. the reason people are applying for disability. this start the in the "new york post", one of those stories i every in thought of that. makes sense. people unemployed for certain amount of time and disability filings go up. part of that, and this is all speculative, hard to read people's mind. could be because being unemployed for that long does affect your health. could be a number of other reasons for it as well. long-term unemployment is huge story. huge story in the statistics way unemployment is calculated in the country of. you have to be looking for work to be counted as unemployment. the actual unemployment rate, a lot of people have given up looking because they have been out of work so long. this is example that tells you happy-go-lucky in the stock market and hit 13,000 first time since may of 2008, a things are still rough for a lot of people out there. jenna: we keep hearing con minute is getting better and is that actually a reality. >> i think it is but not individually for a lot of people. that is tough part to connect these two. we sit here all the time on fox business network and you guys do some extent latest data come in, latest unemployment number has improved or latest piece of manufacturing data we received has gotten better. a lot of that is true. economy looks like has turned and started to improve. the pace of recovery is not being felt by a lot of people. even though, to go back to long term unemployment. again it is a big problem. that is something even getting better. the trend is improving. but with gas prices going up. we have gas prices as high as this time of year they have ever been. haven't seen gas prices like this in february. people say we'll see high $4, $5 gas who knows. high gas prices will hurt the economy but yes it is improving. jenna: the dow is passing 1,000. first time it has done that since 2008. which i guess is good thing but we're still nowherer into the highs of the market. all the basis of compare son. >> absolutely. back in 2007 and '08 we had financial crisis. we're better than 08. we better be. jenna: you feel better than 08? >> anything is better. jenna: we were working together in 2008. i'm surprised you said things are better. >> not everything is better. jenna: we'll talk more about that later. thanks very much, connell mcshane, fox business. jon: i'm feeling better than they are in greece. jenna: there is a comparison, wow. jon: another financial rescue plan for that country. $170 billion in bailout, buying greece more time to lower its debt and avoid default. greg burke is streaming live for us from rome. greg? >> hi, jon. you've heard about the 11th hour t was actually 13 hours in negotiations last night suggesting that not everybody in europe was crazy about giving greece all this money, a bailout deal worth $170 billion. now, there may be a deal but not everybody is celebrating in greece. certainly terms for the country are very tough. in exchange for all that money, europe is asking for cuts in salaries, cuts in pensions. cuts in jobs as well. so workers are out on the street protesting loudly once again. it got very nasty last week. we have certainly not seen the end of it. they're promising more protests in the coming days and coming weeks. europe is also overseeing greece very closely. now lots of questions remain, both for greece and for europe as well. the main one, is this just prolonging the agony? the finance ministers and banking officials who put this together, try to put a positive spin on this, saying greece will finally be in the position to get its act together. but many doubt that because they haven't seen it happen before. there is also some questions as to whether or not europe is just throwing all this money, trying to save the one country that really can not be saved. finally, jon, greece is a great place for a summer vacation, the beaches, the food, relatively good prices. but all the riots we've been seeing in recent weeks really don't do much to help tourism. jon? jon: greece and egypt both have the problem. all that violence doesn't bring in the tourists. thanks very much, greg burke in rome. jenna: we have new threats from iran today. the rogue nation reportedly warning it could take military action preemptively against its enemies. we have those new concerns how the u.s. should respond. our next guest says it is not time for us to attack iran. we're going to ask him why just ahead. jury selection is underway in a new jersey cyberbullying case that resulted in the suicide of this young man. the latest from that courtroom next. 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[ major nutrition ] ensure. nutrition in charge! jenna: u.n. nuclear watchdog team in iran today, holding talks over tehran's nuclear program. this week's visit coming amid growing concerns that iran is building atomic weapons. my next guest says iran is far away from the capability and any military action against iran should be the last option for the u.s. it simply is not time to attack iran. call we have the former u.s. deputy assistant secretary of defense tore middle east in from 2009 to 2011. what that means he helped dwell develop and implement the u.s. defense strategy against iran. nice to have you here today. >> thanks, good to be with you. jenna: we hear a lot of different opinions on iran, attack now before it is too late. we've been talking about iran for 30 years. we need to be more aggressive militarily. why do you think that is not the right approach? >> i think we need to keep force as an option which is what president obama has said, take no option off the table but we reached the now or never moment. the threat from nuclear iran is growing but not yet implement. jenna: so when is that last resort? when they have a nuclear weapon? >> i don't think so. certainly somewhere to the left of that. of that timeline but, what we're talking about is, at least, according to open source information, you know, six months to a year to develop enough uranium for a bomb. maybe a year for a testable device and several years for one that they could put on the tip of a missile. none of those time lines actually kick in until the supreme leader of iran make as final decision. director of national intelligence clapper said recently, no evidence he made that decision. there is reason to be believe he is not likely to make the decision in the near future. jenna: what if we're wrong? >> well, i don't think there is high probability of us being wrong because to actually produce enough weapons-grade uranium to build a bomb, they would have to use the declared facilities, either gnat tands enrichment facility and the city near the gom. both are under iae inspection which is the nuclear watchdog work. if they went for a bomb we would know and have time to react. jenna: you're basing on latest intelligence you have you have confidence in? some suggest that general keane was on our show last hour he gave us some perspective. it has been 30 years we talked about iran as sponsor of terror. they have used their proxies to attack our own people in iraq and afghanistan. they continue to sponsor terror and that has been the nature of our relationship for 30 years. considering sanctions, and these threats, and just dealing with iran as it is. how do we change that relationship? if it is not at the last resort then how do we change that so we don't spend another 30 years with the threat of iran in it did ways despite the nuclear capabilities potentially? >> i think general keane right there is deep hostility between the two countries going bab to the 1979 revolution that overthrough the shah. we have three decade of hostility. it will 23409 be changed overnight. we need to take abe by steps in right direction especially on nuclear program. on that context it is good news that the iranians said in recent weeks they're willing to return to the negotiating table. i think we should expect the negotiations, those talks will take place in the next few weeks, maybe the next month. let's see if we can make progress and creep away from this conflict scenario. jenna: mr. kahl, final question, looking more broadly at the middle east. we do hear about the with drawl of troops in afghanistan and we have the timeline there at the same time we're being told to have a lot more patience when it comes to iran. there seems to be certain amount of impatience when comes to place like afghanistan and call for more patience when it comes to sanctions in iran. my question for you is, how are the american people to really know, you know, when to be patient and who to really fear at this point when we look at our own national security and protecting our own country? >> i think every case needs to be judged on its own merit i would ask the viewers to judge the iran case on its merits. consensus of intelligence community and independent analyst who is have looked at this iran is not the on the brink of having a nuclear bomb. we still have options, sanctions, diplomacy, pressure before we get to the moment of decision on the military, on taking military action. jenna: we appreciate your expertise. we know you were really involved in this implementation of what is happening. we would love to talk to you in a couple months as we see the sanctions play out and stay up-to-date with this thanks so much for coming? >> sure. jon: the suicide of this college student sparked a national conversation about bullying. tyler clemente killed himself after learning his roommate spied on him during an intimate encounter with another man. now the roommate is going on trial. we'll update you on that. if you think diet soda today is better for you than the sugary, high calorie stuff, think again. health risks people are talking about with dr. manny joins us with the results of a new study. jenna: can i have some? jon: right now the trial for a former rutgers university student is underway in new jersey. he is accused of spying on his roommate's intimate encounter with another man. when that roommate found out he killed himself. julie banderas has details for us. >> reporter: jon, jury selection underway in the jersey courtroom for day run ravi, he spied on his roommate during a moment of gay independent masy using his -- intimacy, using his webcam. three days later ravi's gay roommate jumped to his death from the george washington bridge. this trial will be watched all over, will be broadcast live across the country and as far away as india. all eyes on this rare case. clementi's death struck a growing anti-bullying nerve in america. it became a blog-driven lightning rod for outrage in the gay community. pressure from gay rights groups and global media attention made the case one that a had to be prosecuted but some experts say the charges will be very difficult to prove. ravi, now, 1 years old, faces up to 10 years in state prison if he is convicted on multiple counts of invasion of privacy, witness tampering, hindering prosecution, and bias, intimidation. it will be a difficult case, jon. jon: one to watch. julie banderas. thanks. >> reporter: sure. jon: all right, so maybe you dip into a diet soda today once in a while. you think you save some calories and therefore you're healthier right. jenna: you see me do that on set every once in a while. or a snickers and diet coke. jon: diet snickers. not so much. according to some new u.s. studies --. jenna: jon wishes. one report claims older adults who drink too much diet soda today have higher risk of heart attacks and strokes. another study suggests there is higher risk of stroke as well. fox newsmanney alvarez, senior managing editor of fox news health.com. he will set the record straight. >> great headline. this is an association. what they're basically did they survey about the 2500 adults here in new york city. african-american, hispanics, and what they looked at is, well, if they controlled for, let's say weight, overall weight and a little bit of life-style, was there any increased risk of any complications and they found 44% increase in heart attacks and strokes. as compared to the control group who had 22%. jon: these are people who drink a diet soda today every day, right? >> they drank it when the survey was done. they didn't follow to see how much diet soda today they drank overall. so the question is, is this a risk factor? i think everybody who looked at the study would say no. it is an association because they did not take into account a couple of things. number one, family history, which is very important. again, you're talking about latinos like myself, african-americans, and we're a little bit in the high-risk category. number two, they didn't check cholesterol or any abnormal cholesterol history in the family. when you look at all these variables they did not make any association that diet soda todays created heart attacks. jenna: no direct line? >> right. when you talk to a lot of nutritionists tell you a lot of people that drink diet soda today, what they do, have a hamburger, i will cut back on calories. i will have a diet soda today but at the end of the day probably lifestyle, family history, and other risk factors are far more important than a little diet soda today as i said before. so everybody is okay. jenna: i do have diet coke with my hamburger, not because necessarily tastes better if you're a diet soda today drinker that's what you reach for. regular soda drinker that's what you reach for as well. i have a question for you because my husband gets on my drinking diet soda today. if you drink diet soda today and get real thing with real sugar. is he right? >> this will be bad. i tend to, i tend to, if you are able to control the calories and the rest of your diet, in other words, if you're not having like me, 10,000 calorie hamburger then it is okay to have a little regular soda. however if you're counting calories like me, then, go for the diet soda today. better yet, the glass of wine. keep pushing wine. good for your heart. jon: so no absolute correlation here? there is no, as jenna said, no direct line says drinking diet soda today will cause a stroke but there are some interesting correlations? >> interesting correlations. basically like every scientist will tell you, larger studies need to be done. we'll see what happens. jenna: you feeling if you drink diet soda today, craving? craving for sweets? >> they do say that again, people that drink a lot of diet soda todays always have that sweet tooth. they're looking for a lot of sugar. look at the end of the day i don't think, as long as you don't make it a daily staple and concentrate on overall health, diet soda today will not be dangerous for you. jenna: red wine? >> red wine. remember the red wine? jon: i like that. >> there you go. jon: dr. manny. >> thanks. jenna: setting the report straight. jon: that's right. you're probably feeling some pain as you fill up the gas tank as prices spike higher. guess what the? the bad news they are expected to continue rising. how these higher prices could seriously stall our brand new economic recovery. like and we did see something worth noting, the dow had crossed 13,000 for the first time since 2008. it's credited a little bit lower -- drifted a little bit lower, a few points, but something of note is we did hit a 52-week high on the dow just last week. we have seen some increases in the stock market and some believe, jon, if we do see some positive moves in the early part of the year, that's the way the stock market will move for the rest of the year. you have some big questions. you have greece, iran, a lot of things to consider, but at least for today partying like 2008 again. jon: yeah. we'll take the good news where we can get it. did dr. manny give me permission to have a diet soda with my snickers bar? jenna: do they cancel each other out? jon: that's the question. jenna: can't rule it all out. jon: he busted you on getting the diet soda with your burger. [laughter] jenna: we'll have more confessions of our dietary restrictions throughout the next -- jon: maybe we'll put a few on the blog as well. jenna: look forward to hearing from you and thanks for joining us, everybody. jon: "america live" starts right now. megyn: and this is a fox news alert on new drama with the showdown over iran's nuclear program. top israeli leaders are now publicly calling out the obama administrati
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