thousands of miles longer than first thought. u.s. terrorism officials are looking into the possibility that the plane may have been taken for some purpose. bill: where are we now on this story? >> reporter: when you look at the boeing 777, there are 3 data streams the ntsb is look at. the first went dark and the second is the radar. the jet would be picked up on radar but it would not have the identifying code. the "wall street journal" is focusing on data stream that's sent to the airline and it gives a realtime snapshot about the maintenance condition of the jet. this morning malaysians knocked down the "wall street journal" report and said that data stream did not continue after everything went silent. did it go silent in tandem with the transponder or was there a window in which this data streamed continued to be sent to the airlines. bill: the malaysian government says it's not true. >> reporter: the malaysians are saying they sent a surveillance aircraft to that specific area southeast of where there was a final contact with the aircraft and they are saying they did not location any large objects that showed up on the satellite images. the malaysians are all see claiming the chinese embassy indicated they posted these images in error. but an ntsb investigator who had decade of experience reviewed these images and said if flight 370 disinterest grade, what they would expect to find are large chunks of debris, specifically parts of the wing and the horizontal stabilizer and the fin. the dimensions posted on the chinese website are consistent for a boeing 777. bill: there was a warning about the tripping 7. what was that all about d about the triple 777. what was that all about? >> reporter: it mandated by early april all the u.s. registered boeing 777s had to have routine checks of the even 10a because they had reports that a crack could develop and it could lead to a catastrophic event. we are issuing this a.d. to detect and correct fuselage skin. we don't know if a series of checks was man dated for that same aircraft in the malaysian airline. bill: when we get more, we'll come back to you. martha: talk more about this "wall street journal" report that is truly stunning. it claims that u.s. counter-terrorism officials are pursuing the possibility that the pilot or someone else who was aboard that plane may have turned off the transponder in order to divert this plane to some other undisclosed location. the possibility that that arises according to this "wall street journal" story is that they may be want to go use it for some later purpose down the road. it is an absolutely chilling report that is coming in from the "wall street journal" this morning and obviously a lot of controversy that surround all of this this morning, bill. a lot of questions out there today. bill: a lot of viewers are watching and wondering where are we? late friday night, early saturday morning at 12:30 in the morning, you depart out of lu of kuala lumpur. in the gulf of thailand. what happened? here is the last known contact we have been told of this plane 40 minutes after takeoff. beijing, the chinese government said 160 mile to the east they located substantial and large pieces of what was thought to be possibly pieces of this airplane. well that did not pan out. scratch that theory. you see the boxes? yesterday when we were talking about this the boxes were the search area where the focus was. after this "wall street journal" report, however, look at this area. they are saying that the plane was in the air for one hour and they knew where it was and they heard from the pilots and copilots and everything was cool. they are now sunging the information transmitted on behalf these rolls-royce engines was sending information for a minimum of four hours after that last contact. if you are four hours flying at 500-600 miles an hour. you are 2,500 mile away from the last contact. that opens up endless scenarios as to where this plane could be. just to take you back to this report. triple 777 and these rolls-royce engines, the report on our sister publication suggests there is information coming from these engines in realtime thal that were being transmitted down to earth and recorded which suggests this plane was flying for a much longer time. is that true? folks in kuala lumpur say that's not true and they deny it. as we sit here at 9:07 on a thursday, we are back to square one. we don't have any idea where this plane is or any idea what happened. martha: can you imagine how torturing this is for the families who just want to know what happened. what is your theory? it's open season. we are giving you have the facts as they are out there in terms of what we are hear being these engines and what kind of information the engines may have sent back in this case. but what is your theory? send us a tweet @marthamaccallum and bill hemmer. we'll talk about this more. bill: we are in a very different place than we were 12 hours ago or even yesterday. martha: horror at a music festival in austin, texas. a suspected drunk drive plowed into a group of people. >> reporter: one minute hundreds are rinsing to music outside a number of clubs on a closed off street, seconds later chaos. two dead, 23 injured and the man responsible in jail. a suspected drunk driver. police tried to pull off a silver toyota, the driver hits the gas, break through a barricade, goes the wrong way down a one-way street and hits a group of people standing outside a nightclub. >> we have two individual dead on the scene riding a moped. we have 23 victims. five are considered critical and the rest are walking wounded. >> reporter: the driver got out, he tried to run, police hit hip with a stun gun. we don't have a namer. >> if there are any priors at this time. bill: new concerns about america many power grid. a coast to coast blackout with terrorists knock out just a tiny any north our sub staying. north -- our substation. a baby stopped breathing during a flight. we'll hear from the hero pass he ever who saved that baby. bill: we'll talk to rand paul when he joins us three minutes away. >> you may think i'm talking about electing republicans. i'm not. i'm talking about electing lovers of liberty. create a three course italian dinner with olive garden's new cucina mia for just $9.99. first, choose unlimited soup or salad. then create your own pasta with one of five homemade sauces. and finish with dessert. three courses, $9.99. at olive garden. ♪ [ male announcer ] help brazil reduce its overall reliance on foreign imports with the launch of theountry's largest petrochemical operation. ♪ when emerson takes up the challenge, "it's never been done before" simply becomes consider it solved. emerson. ♪ martha: 7 people are now confirmed dead in what officials believe was a gas explosion that flattened two buildings in new york city. you saw it live on america's newsroom. there is a brand-new video that has come in as the fire crews frantically go through rubble and try get the fire out. it's sill simmering. 8 people are missing in this case. >> my windows shook, the pictures on the wall came off the wall. the explosion was a large blast. the lady hugged me to try to protect herself because it was the glass that just popped open. martha: the ntsb which handles pipeline safety is also involved in that situation. bill: on executive thought it would require the president to enforce laws passed by congress signed into law, but the white house saying president obama would veto this bill if it arrived on his desk. what does republican senator rand paul think of that? you backed this bill on the senate side. congress has the legal authority to sue the president. why is this an issue? >> the number one question i get when i go home or am traveling around the country. how can the president amended legislation without the permission of congress? he seems to be writing his own laws. we can't sue him because we don't have standing in court. the legislation i'm supporting would give us standing to sue him. he also does need to enforce the law. he writes laws and he's deciding willy nilly if he likes it he will enforce it, if he doesn't he won't enforce it. bill: the white house would argue that's executive privilege. that you have to amended laws as they progress to make sure the laws work. what do you think about that? >> i don't think that's a proper understanding of the constitution. madison wrote if we were to allow the president to write legislation or amended legislation that would be what form of tyranny. the executive is supposed to enforce the law and he's not supposed to cherry pick which laws he likes and which he doesn't. if this can make it into court we'll win. but part of the question is how do we get this into court. bill: this republican victory in florida, you worked on behalf of david jolly. here is what he said right after that victory. quickly watch. >> reporter: obamacare was an issue. the voters made it an issue. but at the end of the day obamacare representing the country. >> reporter: he thinks it's and much bigger victory than obamacare. >> reporter: obamacare is not just about healthcare. it's about freedom of choice. the president is telling you you are too stupid to decide which tooker you want or which insurance plan you want. even though he dishonestly said you can keep your doctor. it's a matter of freedom of choice versus coercion. his conception of healthcare is he tells you what kind of healthcare you can get because you are not smart enough to make choices. bill: what jolly said, his message to the party is don't take a mandate out of this victory. he went on to say that substance matters. so the rest of the party and the rest of the candidate, even folks like yourself, you have to couple with solutions. >> i couldn't agree more. i have been one of those as a physician leading the charge saying this what is we would do to replace obamacare. here is what we would institute. it's lower premiums and expanded health savings accounts to allow people to afford their healthcare. they called the affordable care act. but obamacare turned out to be anything but affordable. it many much more expensive particularly for young people. if republicans were in charge we would do the opposite. bill: your victory was overwhelming. you beat cruz by 20 points. what does that victory tell you? >> cpac is exciting. what it tells you is that young people live in a digital age they don't want the government looking at what books they read or what magazines they read or their phone record without a warrant or suspicion. young people believe in privacy and the president has gone astray on this. i think the young people instead of voting democrat may come to the republican side because we'll be the party that defends privacy. bill: how do young independent feel? how do young democratic voters feel? are they in line with people at cpac that you came in contact with when it comes to privacy? when it come to the topic of the nsa that you so love to speak about? >> we'll find out. i'll be at berkeley thursday. we are going to take the message of privacy and let them know there are republicans with libertarian leanings who do believe in protecting privacy. i think the mess amg will be well received. bill: right now, you don't have any idea? >> i perception of young peoplev from having three kid who are on their cell phone all the time, they don't think it's the government's business what they are doing on their cell phone. i think young people are overwhelmingly opposed to the president's surveillance program. march already a chilling report on the vulnerability of america's power grid. how one small attack by terrorist could potentially knock ought power from coast to -- knock out power from coast to coast. bill: we'll talk with rick perry about obamacare and the rousing reception he $received just a few days ago. >> get out of the education business. top hammering industry. let the sleeping giant of american enterprise create prosperity again. see what's new at projectluna.com i use my citi thankyou card to get two times the points at the coffee shop. which will help me get to miami...and they'll be stuck at the cube farm. the citi thankyou preferred card. now earn two times the points on dining out with no annual fee. go to citi.com/thankyoucards. hi boys! i've made you campbell's chunky new england clam chowder. wow! this is incredible! i know. and now it has more clams! 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[ male announcer ] it fills you up right. bill: it was not another government shutdown. that's the capitol dome in washington. it went dark from 8:17 to 8:45. you a spokesman says high winds caused power surges. maybe that's the reason. martha: what happened in the capitol could happen nationwide if terrorists took out the power grid. an attack on critical stations. >> reporter: federal analysis shows a small number of electrical substations play a large role in our power grid. the "wall street journal" published the results of that government story that shows the different sets of 9 substations if they were sabotaged in a coordinated way could bring it system crashing down. in congressional testimony last year democrat henry waxman says the federal government is not well equipped to deal with this threat. >> reporter: the nation's critical infrastructure and defense insta places cannot function without electricity. yet it's clear the electric grid is not adequately protected from physical or cyber attacks. martha: how are the federal regulators responding to this? >> reporter: they are angry and suggest the "journal's" report could harm national security. and they say the reporting by the "journal" is dangerous. it says the publication of sensitive material about the grid crosses the line from transparency to irresponsibility and gives those who would do us harm a roadmap to achieve malicious designs. the american people deserve better. however the journal did not publish the list of 30 critical substations studied by the agency. bill: what happened to this plane? where is flight 370? a disturbing theory already taking place here. but was that plane take in the end? and what was it taken for? we'll talk about what counter terror officials are reportedly look into today. martha: rick perry joins us live. we'll ask him about the new delay to the healthcare law that may make the individual mandate moot for many people. >> you have the power to change america. you have the power to speak to our newest host. you are the path to the future. a light on a distant shore. is this the bacon and cheese diet? this is the creamy chicken corn chowder. i mean, look at it. so indulgent. did i tell you i am on the... 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[ male announcer ] so indulgent, you'll never believe they're light. 100-calorie progresso light soups. became big business overnight? ♪ like, really big... then expanded? ♪ or their new product tanked? ♪ or not? what if they embrace new technology instead? ♪ imagine a company's future with the future of trading. company profile. a research tool on thinkorswim. from td ameritrade. bill: more questions than answers as we get new reports in the "wall street journal" that flight 370 may have been flying for hours after it dropped off the radar. that has not stopped a new round of speculation where the aircraft might be today. reports that counter terror officials are looking at the possibility that the plane was taken. flew into another location and is holding that plane for something. more on that in a moment as the theories run wild today. martha: yet another new delay for obamacare. it could mean the so-called core of this whole thing. the individual mandate which the president hung on to fiercely in this process may now be more or less gone as the deadline to even control nears we find deep in a new government bulletin that people had their policies canceled. they would have had to sign up quickly. but now they can skip that requirement to get health insurance and the government is going to give them another 2 years, 2016 that would bring them to, if they just fill out a short form and say i looked around and these are more expensive and i don't want to buy anything yet. we have governor rick perry of texas with us. a lot of talk on the hill about the changes the president had made to this bill and this may be the big just one of all. the individual mandate is the core of this bill and the one that might make most people angry and uncomfortable. >> it makes sense now that no one read the bill when they passed it because it changes on a regular basis. this is truly -- i think you found the key to this puzzle when you think about it. not having these individual being fined for dropping out of this mess of a bill before november and the anger that would come from that, the president if nothing understands politics and he's politically driven in will everything he does. even this piece of legislation that has his name on it, it will be his legacy, he understands the terrible situation it's going to put people in and the anger it will create when they are forced to pay a fine when they decide on their own appropriately in many cases that they are not going to be a part of the aca. martha: let's take a look at something the president said about how people need to reprioritize their spending in order to pay for healthcare. >> i guess what i would say is if you looked at that person's budget and looked at their cable bill, telephone, cell phone bill, other things they are spending on it may turn out that they just haven't prioritized healthcare because right now everybody is healthy. martha: what do you think about that? >> i think the president doesn't understand freedom as well as he should in letting americans decide what they want to spend their money for. that gets to the bigger issue of washington, d.c., particularly 1600 pennsylvania avenue. they think they have all the answers for all the people in this country. one see you fits all. i would suggest if the president wants to make people healthier, that he wants to give in ovation to the marketplace, he looks at the 50 states as places where innovation can occur, that the governors and the legislature, it was very striking to me as i sat in the white house a couple weeks ago with the president as he was asked about the affordable care act and the implementation of it and the problems governors were seeing. democrats and republicans. the president asked about flexibility, and he said, i don't trust governors to make decisions about the healthcare decisions of the people of this country. that may be a bit of a paraphrase. but that was his point and it was very troubling to me as it was to the democrat governors sitting there i would suggest. martha: i want to take a look at your appearance on jimmy kimmel and get your thoughts on that. >> you mentioned about -- why would you run for president. it didn't go that great last time. >> america is a great place for second chances. >> okay. >> let's just leave it at that. let many just leave it at that. martha: what did you mean by that? are you look at a second chance running for the white house? >> america is a great place for second chances that's certainly a true statement. but 2014 is where the focus is. we have 36 governorships that will be decided. and the focus is on those particular races, the united states senate. i think we have got a great opportunity to put this country on a didn't track than it's on today. you take 51 republican senators and we can start moving america in the right direction from the standpoint of healthcare. the governors emboldened to be able to lay out a lot of different concepts and ideas. and that's the future of this country. so 2014 is the real focus hopefully for most people, not 2016. if we don't get 2014 right, 201 probably isn't going go right either. martha: i was on with bill o'reilly and we looked at that piece of sound of you and the jimmy kimmel show and talked about how the race looked and the fact you do, if you have any independent at all, unfortunately you have to think about it very early on in terms of testing the waters and seeing whether the money and support might be there. having gone down that road before and having it not worked out. is it something you would consider? >> i'll leave it at this. november 7, 2014 is plenty of time forward to make a decision about that. martha: you are going wait until you see how thing go pat the mid-term. with this david jolly race. what's the lesson in that for you? >> i actually have a call into rick scott who is doing a fabulous job of governing down there. i would suggest he's going to win overwhelmingly, particularly with the signals coming out of florida early on, that this is going to be a nationalized rac. when you national eye these races for congress or a governorship, then the bodes well for the republican brand at this particular juncture. i think that the republican brand is going to be a very strong one come november. martha: we showed clips of your speech at cpac and you really had the crowd going. what was it about your message that resonated so strongly at cpac. >> you have got quite a suction -- youhave got quite a juxtapo. you have got 50 laboratories of innovation, allowing the states to be the incubators of idea. what works in connecticut may not work in oklahoma or texas or even california. allow the states to be the laboratories of innovation. that's the term i use often and it's one that resonates with the people. they understand that freedom should be a great part of what this country is about. and the state should be the place where that is implemented, not washington, d.c. martha: whether you are interested or not, people are talking about you as a potential 2016 candidate and getting another look at you in all of these different venues. thank you very much for being here today. we'll look forward to talking to you again. bill: the jobs number is out for the week. weekly applications, jobless benefits falling 15,000. they were expecting 330,000. the markets up at the open up 65 points. president obama said to announce an expansion of overtime pay for millions of americans. but that move has a lot of business owners reeling. is this good for the economy or are we kind of spreading the wealth around. stuart varney analyzes next. martha: new video of a hero passenger springing into action when a baby onboard stopped breathing. we'll hear from the man who saved this child's life. what did he do? >> absolutely you are scared. but your training kicks in. i hope anybody with any amount of training would have done that. doing this all day, my feet and legs got really tired. so i got dr. scholl's massaging gel work insoles. they absorb the shock of working on my feet all day. i feel energized! get dr. scholl's massaging gel work insoles at walmart. i'm a believer! iprise asked people a simple question: in retirement, will you outlive your money? uhhh. no, that can't happen. that's the thing, you don't know how long it has to last. everyone has retirement questions. so ameriprise created the exclusive.. confident retirement approach. now you and your ameripise advisor can get the real answers you need. well, knowing gives you confidence. start building your confident retirement today. martha: a baby suffered an emergency on a cross-country flight but he's alive and well. the plane was traveling from tampa to phoenix when the baby stopped breathing and turned the purple. a cpr instructor jumped into action knowing there was no time to waste. >> i did chest compressions, gave him to rescue breathing, stimulated him and he came back around. reporter: did you think you would lose him. >> absolutely you are scared. but your training kicks in. i hope anybody with any amount of train would go have done that. martha: a passenger captured the event on cell phone camera. once they landed the baby was rushed to hospital. but he's okay. bill: president obama set to enforce new rules that would increase the number of people who receive overtime. the white house wants to raise that to between $550 and $970% week. hello to you, sir. reporter: i think we should put this in perspective. in my opinion this is a vast expansion of government's power to dictate next private sector. this is a vast expansion of executive authority. what it does is raise the cost for employers significantly. when you do that. you get fewer jobs. why should an employer expand in this environment when he's being told by the government you have got to pay more for healthcare, you have got to pay more in salary, you have got the pay more in wages. why would you expand your business when the cost of labor is going straight through the roof. bill: john boehner is talking about this. >> the president's policies are making it difficult for employers to expand employment. until the president's policies get out of the way employers will continue to sit on their hand. bill: from his lips to your ears. >> reporter: i think he's right. the president is buying votes. he's commanding higher salary for millions of people right before an election. don't you think they will be grateful? bill: this applies to private sector. because the minimum wage push only applied to general workers. federal workers. >> reporter: in this case's an executive order that applies across the board because it's a small rule change within the lane department. bill: is this something that could help the economy? would it help employees or is it something that's a continued drag on workers and businesses and how they think and act and make decisions. >> reporter: let me take you back to google. in the early days of google they had all kind of junk youngsters who would workday and night. that's how they built the company. tech startups with a drive to succeed and climb that food clain. now if you bring this in, those high-tech workers who started all these brilliant companies will be on the clock, instead of these overnight creative meeting they will be saying i just exceeded my 40 hours, i'm due overtime. if i don't get it i'm going to sue. can you manage the number of retroactive lawsuits from all kind of people who were eligible for overtime and didn't get it would say come on, pay up. bill: if you were to make this decision as the president do it take effect immediately? >> reporter: if i was president of the united states facing a difficulty recollection i would say do it now because it's buying votes. bill: thank you, we'll see you at 11:00 a.m. new time, are you comfortable in that slot? >> reporter: very comfortable. i'm a happy guy. martha: we have new details on a wild police chase. a wanted man hijacks two different cars before the police caught up with him. bill: trey gowdy and other republicans want to make sure the president sticks to the constitution. >> mr. speaker, that is a lot of power. what are we to do when that amount of power is not enough? what are we to do when this president or any president decides to selectively enforce a portion of a law and ignore other portions? 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[ male annncer ] it's how edward jones makes sense of investing. but we're not staying in the kitchen. just start the slow cooker, add meat and pour in campbell's slow oker sauce. by the time you get home, dinner is practically done. and absolutely delicious. everne is cooking wiew campbell's slow cooker sauces. andcan you start tomorrow? tomorrow we're booked solid. we close on the house tomorrow. tomorrow we go live... it's a day full of promise. and often, that day arrives by train. big day today? even bigger one tomorrow. csx. how tomorrow moves. bill: a gas tanker crashing on a busy highway. the inferno shutting down a busy highway. police say the driver may have been cut off by another vehicle before that crash. martha: an extreme weather alert. powerful storm with strong winds ripping through virginia. one house was sliced in half when a tree went through the middle of it. luckily the family was able to escape. a blizzard is causing major problems. it's the middle of march. a lot of businesses closed because of that. in main people are facing another winter storm. spring is just over a week away. but they have got up to 2 feet of snow. our meteorologist who has been very busy this winter with all these storms. hey, maria, what's up with this one. >> reporter: 26 inches of snow reported in sharon, vermont. so again look at totals exceeding two feet and it's still snowing across parts of vermont. so these totals will continue to go up. significant snowfall across parts of maine. 15 inches in lee. in parish, new york, 14 inches. and in the midwest inches reported for many many states like michigan, indiana and parts of ohio. you can see the radar picture. the snow coming down in maine and massachusetts, eastern connecticut and across the entire state of rhode island. the wind is a big concern with this storm system as well. anywhere from new york city down to philadelphia, washington, d.c. and as far south as tennessee and north carolina. we have wind advisories in effect. then you combine the cold temperatures behind the storm and the wind and the withs out there are just brutal. very cold. 10 degree below zero. single digits in boston, new york city and d.c. and down through georgia, atlanta, cool for you. 27 degree. the highs martha staying below amg. 20s in the northeast. >> reporter: this is the last one, right? >> i have been seeing that for a month already. bill: we are recording this. >> usually like the third week of march. martha: we are ready to go. spring is coming. the mystery of flight 370 taking a new turn. could that turn have flown hundreds of miles off course and possibly be forced to land someplace else? why would that have happened? we'll talk about that. tragedy in texas when a driver plows into a crowd and kills two people. awful, awful story. the charges being pea nounced and what police are saying about the driver who is in custody. >> they ran over all the people. i turned around and saw 20-30 people flying up in the air. 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>> well, they should have been looking at this to begin with just simply because they didn't have any evidence that the plane had crashed. and i think having calculated the distance that this plane could have flown, a outer perimeter could have been -- if it wasn't -- could have been set up to begin with. but mow that we have this information be legit -- if it's legit, we can actually start to work from that perimeter, the furthest that that plane could have gone and start to work in. and i think something that is going to be very important with this is that if this is a legitimate lead, we now have a reason to start doing things like querying sources globally to see if there's any chatter or if anybody has any information that we can put to this to develop this puzzle. martha: did it surprise you that so quickly it seemed as though after they found the two people who had the stolen passports and identified who they were and looked into their background they sort of wrote off the whole terrorism angle on this whole thing? >> i'm not -- see, here's the way an investigation should be ran, it should be set up almost like a business in that you have a chain of command that is set up before an incident happens, and you have coordination once the incident happens, but that's also pre-thought out, and the way you're going to run these things. and i really think that's the fall that you're seeing now, is that leads are getting put out there, some leads are getting covered, their assuming that leads are -- they're assuming that leads are closed, and i think that that is why certain, you know, resources are being wasted in certain areas. i was actually very surprised that they just simply closed that lead on the iranians. finish. martha: why? >> well, i mean, the whole thing -- it started to develop pretty quickly where we, that we had the two pieces of puzzle, then they linked those two together with this mysterious individuals. i know that these things go on all the time under the radar in that area, but they don't go on in that area on a plane that disappeared. so i wouldn't exactly write that out. i think that's an important thing to look at. martha: that's a great point. when you look at this circle, let's pull that map up that shows the 2200-mile circle that bill has been showing us on the big board. there it is. the uighurs, we remember that there was an attack on 29 people with knives in china not that long ago. they, they're sort of center of operations in the northwest portion of china. i mean, does that, is that something that you would investigate in this? >> i would investigate all this. and i think what is very interesting about that circle is it incompasses a great -- encompasses a great amount of the pockets where these terrorists come from. and that is a very interesting thing. martha: yeah. including indonesia. >> right. and, see, that's another piece of this puzzle and the way these investigations work is once you get a piece of a puzzle and then you get another one, for every continuing piece of puzzle it expands exponentially. martha: jonathan, thank you very much. a lot of mystery and a lot of questions, even more so this morning. >> i'm eager to see how this unfolds. bill: so what do you think now, huh? what happened on this plane? send us a tweet, and we'll share some of your thoughts ask some of your ideas -- and some of your ideas throughout the program today. we said it last hour, we're back at square one. martha: yeah. i mean, we -- people are putting out there, and you spoke about it earlier, the payne stewart suggestion in terms of loss of pressure in the plane that allows it to just keep gliding for several hour, but that doesn't answer this question of why the two transponders would have been turned off. bill: i can tell you on that plane redundancy is built in time and time -- they want to make it a really safe airplane, which it is. and its track record shows that. the two transponders onboard, only one is on at one time. in other words, you'd have to turn one off and turn the other one on. or perhaps if one went bad or one broke, then you could go to the second or the backup. but you raise a great point, if you've got a transponder that went an hour and you can track that for one hour this flight, what happened then to the transponder for the remaining four hours of flight and air time? martha: lack of cabin pressure would not necessarily disable that. that's the big question out there. ♪ ♪ bill: so, listen, updates on that throughout the day here on the fox news channel when we get them and they are relevant. in the meantime, the attorney general, eric holder, looking to cut jail sentences for drug dealers, significantly. a conviction for 500 grams of cocaine will seasoned you away for a term of 5-6.5 years, 500 grams is a little more than a pound. the new proposal, approved in april by the u.s. sentencing commission, would slice that down to just over four years. the same goes for 28 grams or about an ounce of crack. jonah goldberg, there's a lot to go over this, good morning to you. >> morning, bill. bill: what he wants to do is reduce the prison population. is this the way to do it? what do you think? >> i have to say i'm not exactly scandalized by this. it would, over five years, reduce the federal prison population which is about, what, 9% of the national prison population. most people are in state and local jails and prison. it would reduce it by about 6500 people out of something like 206,000 people. so this is not a huge thing. and also there's a real bipartisan consensus brewing, actually led by a former guest of yours, rick perry in texas, to do something about reforming sentencing guidelines in this country, and i think that makes some sense. a lot of these guidelines were born during the 1980s and early 1990s when crime was a huge national issue, and crime is down, and it's not -- and the heat is off the issue a little bit, so it gives people some wiggle room. bill: so you're torn on this issue. 500 grams of cocaine, 28 grams of crack, that's a lot of drugs, jonah. >> no, that's true. and it's also worth pointing out that for all of the talk about how these are all nonviolent drug dealers and all the rest, it is often the case that people plead down to lesser offenses, you know? we've all seen "law and order," and people will cop to a nonviolent drug offense in order to avoid a trial, and prosecutors are often happy to do that. so the idea that there are a lot of nonviolent drug dealers carrying around pounds of cocaine out there is a bit of a urban legend. i'm sure there are examples -- bill: well, that's the way i interpreted this when i was reading it today. this affects drug dealers who are not connected to other crimes, right? >> well, that's what they're saying, and i'm sure they're, you know, look, with a country that has a prison population of almost three million people, you're going to have examples of, you know, you're going to have anecdotes that will help almost any argument. and in general, though, i think, you know, i would rather see this come out of congress. i would rather see congress really debate the issue, come up with some alternatives, come up with some drug courts, figure out where the consensus is because it's not exactly as if there's a real surplus of bipartisan initiatives out there, and this might be a good place to start. bill: this is what holder says in part, this overreliance on incarceration is not just financially unsustainable, it comes with human and moral costs that are impossible to the to calculate. does that mean he's trying to save money? >> i think he is. and there's money to be saved. i mean, you look in california where they have the three strikes law, which i think was absolutely justified and required 20 years ago when you had the kind of crime you had in california, but now the people who are most interested in keeping it on the books are the prison be guard unions in california. they're the prison industrial complex who want to keep them building more and more prisons, and you need more -- the only way you can get to build more and more prisons is if you have more and more prisoners. so i do think, i mean, this texas rick perry has done some remarkable things about coming up with alternative ways of dealing with this. and when you look at costs per prison, why not go for the savings where you can? bill: listen, we've got some breaking news, okay, jonah? we'll continue this, and we expect more later today. jonah goldberg be in washington. this fox news alert for you, rescue crews this morning searching for more victims after that deadly explosion in new york city yesterday morning around this time. that blast leveled two apartment buildings in upper manhattan and killed at least seven people, many more were injured in this blast. we're told that several other people are still missing. it was gas leak, apparently, that triggered this explosion. witnesses describing the moment that happened. listen to this. >> my windows shook. i thought they had blew out. the pictures on the wall came off the wall. the explosion was a very large blast. >> we saw these boards, like, flying, saw the lady just hugged me to try to protect herself. a. martha: happened up in new york yesterday morning. laura ing el joins us now with more on this investigation. where are we today, laura? >> reporter: the search for more victims and answers continues this morning in east harlem. a spokesperson tells fox in his meeting with city officials this morning getting status updates on the fire, the injuries, the conditions and the record of those two buildings before the explosion. the national transportation safety board, which is in charge of pipeline incidents, says it will investigate once emergency crews finish searching for any more victims. federal investigators will focus on the gas pipeline itself and the utility company, con edison, and their operations. >> we'll be looking at con edison's integrity management system. we'll be looking at their call system to see how, to see how they handle complaints, phone calls reporting the to do have of gas -- to door of gas. >> reporter: con ed says it responded within minutes reporting a strong smell of gas. martha: so what more do we know about the victims and those who are still missing? >> reporter: yeah. as you mentioned, a seventh body was pulled from the rubble this morning, and there are still several unaccounted for. and here's a look at what the buildings looked like before they exploded and collapsed. many residents say they complained about gas odor in the building before. it's unclear if any of them contacted con ed about the problem yesterday. cadaver dogs have been brought in to assist in the search. family members are holding out hope their loved ones will be found alive including diana cortez who was looking for her 67-year-old cousin on her day off. >> we haven't been able to contact her, and she lives in the building on the second floor, the church building. >> reporter: we'll bring you the very latest as we get updates here in the newsroom. martha: laura, thank you very much. what a sad, tragic story. bill: a wanted manmade off with not one, not two, but three different vehicles. and his story only gets crazier from there. plus -- >> success looks like millions of people with affordable health coverage which we will have by the end of march. >> so you are changing your standard of seven million -- >> i said success looks like millions of people -- >> actually, you said seven million. martha: there you have it. kathleen sebelius was grilled on capitol hill yesterday on obamacare. new details on what the health secretary said about your health premiums. are they set to go up again? 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(all) great! i love logistics. >> you going to delay the mandate that individuals have to buy government-approved health care or pay a tax? >> no, sir. >> you going to delay the open enrollment beyond march 31st? >> no, sir. martha: health and human services secretary kathleen sebelius promising that we won't see any delays when it comes to obama care's individual mandate that says you must get health insurance by march 31st or face a fine, but now we're learning that a some people are experiencing something different from that. sebelius also admitted that premiums under the health care law will continue to rise next year. here's what she said about that. >> i think premiums are likely to go up, but go up at a smaller pace than what we've seen since 2010. martha: all right. republican congressman kevin brady of texas is a senior member of the house ways and means committee, the house committee and chairman of health subcommittee, i should say. good to have you here, congressman. welcome. >> good morning, martha. martha: this seems to be at odds with what we're hear anything terms of the individual mandate, because when you dig into the bill, there is a clause that basically says that if you lost your plan and if you can't find another plan that is affordable to you, you're kind of off the hook for as much as three years, right? >> yeah, it really is. well, one, we always have to take secretary sebelius' words with a grain of salt. a year ago i asked her the exact same questions about would there be any more delays, she said, absolutely not. and, of course, there's been eight major delays since then. what she said yesterday is, look, we're not going to treat families fairly like we've treated businesses, but they just created a special loophole the size of the grand canyon. it's driven by the november elections and, basically, it says, look, if i've been kicked off my plan and obamacare is too expensive, i have a loophole, i have an exemption. and they don't talk about it much, but the end result is a lot of people are not going to pay that tax. they're going to avoid the pain before the november election. i think that's their goal. martha: i mean, why not answer we to that question then in the hearing yesterday -- yes to that question in the hearing yesterday? >> i think at this point they're watching these elections, they're watching senate democrats struggling to try to stay in office. i think they're looking for anything they can do to give themselves a break without actually delaying that mandate on families. that's my only guess. martha: so you're saying that politically they are trying to make it seem as though the bill is holding together in the public space of the bill, and yet they want to make sure they don't have too many disgruntled voters when it comes to election time who just lost their plan or have to pay a fine? >> that's what i see. look, this isn't a workable health care law, certainly not for families. they don't want to admit that and to retrench, so they're finding loopholes that allow them, they think, to keep some voters on their side, but i just don't think it works. back home, across the country people know how damaging this new health care law is. martha: you know, i mean, you all, the republicans wanted to delay this for a year during the debt ceiling discussion and were basically told that that would be cruel, that you can't deny people this health care program, it's too good for them and that would be awful. now your thoughts on that and then also this suggestion that republicans have made that they should delay the individual mandate for five years. >> yeah. well, i think both are very important. i think the five years makes even more sense. that's tried to really some -- tied to really some reforms on how we reimburse doctors on medicare. but think of this, until two weeks ago the president was saying we have to get people into the affordable care act because they have substandard plans. two weeks ago they changed their mind and said, you know, you can keep that substandard plan. we don't have a problem with it. again, i think driven by the november elections. martha: all right. congressman brady, thank you very much. good to have you here today, sir. >> thank you. bill: keeping the president honest. >> if it's good enough for us to ask brand new citizens to affirm their devotion to the law, is it too much to ask that the president do the same? [applause] if a president, if a president can change some laws, can he change all laws? bill: trey gowdy on his push to make sure the president obeys what congress passes. he'll explain that to us live in his own words. martha: and mayhem in austin as a driver plowed into the crowd at a music festival. we now have an update on this and the person who did it next, coming up, from police. >> all of a sudden this car just, like, driving through, like hit ten people probably going 70 miles per hour. >> yeah. >> it hit all these people right here. i think those people are dead, honestly, and a cop chased it, and now all the cops are here. female announcer: during sleep train's big gift event get a $200 best buy gift card with purchase of selected mattress sets. or, get 24-months interest-free financing. female announcer: what will you get during the big gift event at sleep train? ♪ your ticket to a better night's sleep ♪ bill: back to our breaking news, this in austin, texas, a briefing at the hospital in the about seven minutes. in the meantime, what a story here. frightening. a suspected drunk driver facing murder charges after this hit and run in austin, texas, late last night. this is cell phone video showing the chaos in the moments after that car plowed down a crowded street, a street that was closed off. police saying the suspect was drunk and trying to escape arrest when he turned down that road. two people dead, dozens are injured. jermaine kilgore is the public information officer for the austin police department. he's with me now. good morning to you. i tell you, this is something you think about in new york city, you know, when you're walking on a sidewalk, it could happen anywhere, and now it's happened in your town. what happened, sir? >> yes, good morning. it's not that good of a morning here this austin, texas, you're right. it was a tragic event. there were a total of 23 pedestrians or people that were injured and two were killed last night as a result of this incident. bill: how many were inside the car? was it one driver or more? >> it was just one driver that caused all mayhem. bill: wow. male or female? >> male. a black male. we will be releasing his identity at the 10:30 press conference. bill: i see. is that at the hospital press conference, or is this a press conference on behalf of police? >> police. down at headquarters downtown. bill: so our viewers know then there's a briefing that we're watching get set up in a matter of moments at the hospital in this austin, and the police will talk about an hour after that. tell me more about the suspect. what was he doing? why was he suspicious? what happened there? >> so officers were attempting to make a traffic stop about, you know, an eighth of a mile or so from downtown right will on i-35 service road going into downtown. the suspect fled from officers at that location and drove the wrong way down a one-way street heading into downtown. once he arrived could downtown,e made the right turn on red river where we had closed off for pedestrian traffic. bill: confirmed intoxication? >> yes. bill:wet breathalyzer? did he walk the line? >> no. the suspect was taken into custody, and during our investigation it was deemed that that was the main reason. bill: blood alcohol level was where? >> that hasn't been released yet. bill: will that come out in an hour? >> yeah. hopefully, it'll come out, but i'm not really sure when that's going to be released. bill: the people that were on this part of the street in austin, was it like an open street party or describe that to us. >> basically, what we do is we shut down certain streets in the downtown area because of all the pedestrian foot traffic, and we basically deem certain streets as being just pedestrian, just for pedestrians only. so so we had it cornered off for just pedestrians, and we had it barricaded off. it was clear, and then when he drove down the street, of course, there were no vehicles, just pedestrians out having a good time, wrong place, wrong time type of video. bill: would there have been hundreds on that street or more than that? >> oh, yeah. hundreds. bill: this festival has grown by the year, as you know, south by southwest. and it's -- people fly in from all over the country to attend it now. >> all over the cup and all over the world now -- country and all over the world now.it's really . bill: and you had barricades up on this street. what kind of barricades were there that this man drove through? >> temporary because, of course, these are streets that are normally traveled by vehicles every day. we just put up these barriers to basically or cordon off the downtown area, and that's just one of the roads that we did that to. bill: some of this video, sir, you have people giving others cpr in the middle of your street. >> yes, sir. it's a very graphic scene there. bill: of the injured, will they all survive? >> well, five are deemed to be in critical condition at the time they were transported. we haven't been given any updates as of their condition as of now. openfully, at the 9:30 press conference the hospital will be able to give us an update on that. bill: listen, i know you have a very busy day. thank you for your time, sir, and our best to you and the folks down there this austin, texas. a briefing from the hospital, police will talk in an hour and three minutes from now, and we'll bring you details from both. sad, sad story. martha: well, a champion went down in defeat last night. it was the end of the line for this game show renegade. he's made lots of appearances on fox. we're going to tell you what happened last night with him on jeopardy. bill: also talk about lost, we still don't know what happened to flight 370 as the latest evidence now deepens the mystery yet again today. martha: and a mystery for democrats, why they need to worry about a lot more than obamacare heading into the midterm elections, according to some. >> i don't think the democrats grasp the fact that obamacare goes deeper into the soul of america. obamacare is taking away my freedomment it's taking away -- freedom. it's taking away my ability to make choices. martha: so there are new theories today surrounding the disappearance of malaysia airlines flight 370. investigators now saying that the jet liner may have been airborne for hours after losing contact on the ground meaning that the search zone could be much bigger than we first thought, potentially reaching as far away as pakistan. vernon gross served on the national transportation safety board under president ronald reagan, and he joins me now. mr. gross, welcome. good to have you here this morning. >> thank you, martha. martha: so we are now six days into this with absolutely not a clue. what do you think happened? >> well, we obviously know the airplane's not in the air even though we keep hearing reports of how long it flew. it doesn't matter how long it flew. the thing really last night that was exciting, it seemed to me, when the chinese released very specific evidence that they had from satellites that had three pieces of very specific dimensions. so we -- i was quite excited about that last night. now i understand that the malaysian government has somehow said that they went there, and there wasn't anything there. now, the thing about that is there's current. the picture from the satellite was three days old in the first place, so we know it wouldn't be exactly where they said it was, but i'm mystified on what the role the malaysian government is playing in this thing. martha: interesting. so do you think that that debris might actually be there, but it may have drifted and they need better search crew? >> well, i would think that's certainly one thing they should be doing. and i don't know how the malaysian people got there before everybody else. to discount it, you know? it just seems quite mysterious to me. the key here, martha, is location, location, location. they've got to find where it is. martha: absolutely. now, what do you make of these theories and the reporting in the "wall street journal" today that the folks who made the engines, boeing, says that the engines do send back a message and that the message that was sent back is that it was up in the air a lot longer than anybody thought? what does that tell you about what might have happened inside the plane? >> well, if the engines were functioning and we get absolutely no electronic response, no transponder, anything else, your guess is as good as anybody else's where it went. however, the rolls royce evidence wouldn't tell you anything on location. and until we get that, until we get those two boxes, cockpit voice recorder and the flight day recorder, until then all we're going to do is speculate, and that's what we're doing very well. martha: you don't think -- i know. i've just got to get one thought in here. the transponder, do you think it was turned off by somebody? does anything else explain that lack of communication? >> i don't think it was turned off. i really don't, because it suddenly went off. if it went off by turning off, they would have issued a mayday if there was an energy or something like that. martha: nothing. >> is the suddenness speaks to me about december integration. martha: okay. vernon grose, thank you very much, sir. >> you're welcome. ♪ ♪ >> obamacare is taking away my freedom. it's taking away my ability to make choices. that goes deeper than just health care. it's getting to almost a spiritual issue, an issue around which americans define themselves. and then when you add to that all of the big government of obama, it becomes really not just an issue, it becomes a symbol of what's wrong with this administration. bill: that's the former mayor, rudy giuliani, on with cavuto yesterday painting a picture and a bigger message for republicans, this after on the heels of an upset just two nights ago in florida's 13th district. we're going to talk about that now with doug schoen, former adviser to president bill clinton, and monica crowley, radio talk show host. both are fox news contributors, and good day to both of you. he said a lot in that interview that i think needs to be captured and examined in terms of the party's message for midterms. what did you take away from what the former mayor said? >> i think what the mayor said is critical, and it gets to the crux of not just obamacare, but the growing resistance to everything that the obama administration or at least most things they are trying to do right now. as i've pointed out, obamacare for the left and for obama, for this white house was never really about health care or health insurance, it was only and always about government power and control. the fundamental transformation of the nation of which the president spoke when he was a candidate in 2008, the fastest and most efficient way of trying to get that fundamental transformation of the u.s. economy going was to try to hijack one-sixth of the u.s. economy. how do you do that? through socialized medicine. you start with obamacare, and you proceed from there to single payer which is the ultimate goal. so what he's really talking about is the restriction of freedom, the restriction of individual liberty. because in the surgery for really -- search for really big government or socialized medicine, the individual loses their power to choose what they want. bill: he had her to say. let me get to it in a moment. first, doug, what do you think about this growing message? >> i must tell you -- bill: pretty transparent. >> i'm one of those that believe that the american people are ultimately a practical lot. something doesn't work, they reject it. obamacare isn't working, hasn't worked at all, and bottom line i take that the democratic party has a message that is not succeeding in policies that are not succeeding, and the vote in florida, to me and what we're seeing in polls now, is a rejection of a policy that doesn't work. people don't like big government, but they want government to work. hay don't want no government. and i don't think the republicans at this point, frankly, have a -- bill: well, i said it's transparent because when you listen to this next clip, what he talks about is a much broader thing. not just obamacare, he argues. maybe it's taxeses, maybe it's overregulation, in this case nsa. watch this, again, from the former mayor. roll it. >> when people hear about nsa and nsa excesses which i happen to, in fact, not be troubled by, but they are, they see that as another piece of, oh, this government's just taking over. listen to our conversations. they're taking over financial industry, they're taking over the pharmaceutical, they're blocking energy, they're overregulating businesses, and they a won't allow me to have the doctor that i want. bill: he's saying that too much government's a bad thing, and this administration has gone too far. >> it's now directly affecting people's lives, to doug's point. people now when obamacare was a theoretical pop riggs or the war on coal, for example, was a theoretical proposition, people were sort of uneasy with it. we saw the resistance in the polls to obamacare, but now that all of these policies are really now in practice and affecting people's energy bills, their health care, they can't -- their policies are getting canceled, they can't find a doctor. now that it's affecting their direct lives they're saying, wait a minute, why is this affecting my life? that's right, government now has gotten so big and so all-encompassing and controlling that i want more of my own freedom back which is what america was founded on to begin with. bill: i want to give doug a final answer, as a democrat, do you worry that message could be effective for republicans in november and hurt a lot of democrats? >> i'm less worried about that message than one the republicans ignored which is we still have a weak economy, we don't have enough jobs, we don't have enough good jobs. if the republicans develop a message on economic growth, on the to mitt romney and inclusion, then i'll really worry. >> and that ties into what we were talking about because if you limit the size of government, you give people more of their own money back through tax reform, then the economy grows. >> fortunately, the republicans aren't saying it. bill: there's time. thank you, doug, thank you, monica. of martha, what's next? martha: coming up, lawmakers moving to force president obama to carry out his constitutional duty, they say, and enforce the law. south carolina congressman trey gowdy is leading the charge on this. he's going to tell us what they're doing, next. >> when any president no matter whether he's your party or mine promises to make us a constitutional anomaly and an afterthought, we make law! [cheers and applause] bill: man under arrest after this, accused of committing three carjackings. police say he stole a red suv from a gas station with a 4-year-old boy inside. the suspect jumped out, got into a minivan. police chased that vehicle until the suspect abandoned that one, forcing a woman out of her lexus sedan. so that's the third vehicle now, one chase. police are still on the move. during the lexus chase, the suspect hit a state trooper. that trooper is now in serious condition. the suspect then crashed, tried escaping on foot, but police nabbed him then. prosecutors are considering whether or not charges that include carjacking and attempted murder of an officer. the boy, the 4-year-old in the suv, is said to be okay. martha: wow. >> we know the president can refuse to defend the constitutionality of a statute, even one that he signs into law. mr. speaker, that is a lot of power. what are we to do when that amount of power is not enough? if a president can change some laws, can he change all laws? are there any laws under your theory that he actually has to enforce? martha: wow. very volatile, heated on the hill yesterday. republicans getting tire toed of watching president obama finish tired of watching president obama sidestep the laws that they have worked to pass and put into legislation. so now we're starting to see some serious pushback on this.yo bring their grievances over this hot button issue to the courts, making it possible for them to sue the president. the president says, surprise, surprise, that he would veto that bill. south carolina congressman trey gowdy is republican on the house oversight government reform committee, and he joins us. welcome back to the program, congressman. good to have you here today. >> thank you. martha: you were very fired up about this on the floor of the house yesterday. how do you see this actually working, if it possibly could, to have the ability to sue the president of the united states? >> you know, martha, i was is sitting on the floor yesterday by a guy named tommy cotton who's running for the senate in arkansas. he's running against a guy named senator mark pryor, so i reject the notion that it's necessarily dead on arrival. the bill was wrote deuced in the senate -- was introduced in the senate this morning. there are already 20 some corespond sons. to me, it's not a political issue. do you think the chief executive should have to actually enforce the law? i would think every member of the house and senate would support that. martha: of course, the white house says, look, these are executive privileges. every president has used them, in fact, some have used them more, more often than this president. >> well, i would make two points to that. first of all, i would compare and contrast the remarks of senator president obama from those of -- senator barack obama from those of president barack obama, because he had a different view. and secondly, i agree with jonathan turley, this level of lawlessness is unprecedented. yes, the democrats were mad at bush about things, and i'm sure when i was a kid not following politics, people were mad at the president about things. but this level of not enforcing the law, you just did a piece on the affordable care act. 20-some-odd waivers, exemptions and delays in a law that was written with specificity and particularity. how do you explain that? martha: i mean, americans remember how hard it was to get that law through congress and how particular it was in terms of what was in the law and that it all had to be passed, that it couldn't be amended, it couldn't be changed, and you're right, those are facts that the president has changed it many times. and we just watched another change come through over the course of this week. but you bring up jonathan turley, and we spoke with him as well. he clearly believes that this is a moment that we could look back on and rue in terms of the amount of flexibility that the executive branch was given. and he said you have to get the courts involved. where are the courts on this issue? and have you spoken to them about it? >> well, the courts don't like to get involved in political issues, but they do. and if you don't want to get involved in complicated constitutional issues, you probably shouldn't become a judge with subpoenas. courts routinely enforce subpoenas that the legislative branch issues with respect to the executive branch. there are lots of cases wherein a legislative branch has sued the,tive branch. the executive branch. the issue becomes one of standing. and what this bill yesterday asserts is that as a body, as an institution we have standing. i'm not talking about three or four members of the house who aren't happy with how a vote goes. i'm talking about when something passes congress, what other remedy do we have to get the executive to actually enforce what we passed? and the purse is not -- that's a punishment. impeachment is a punishment. what if you want the law enforced like mandatory minimums? what is your remedy except to go to court? martha: it's a very interesting move that you all are making, and you say, i mean, it sounds like you don't think there's any chance of it until, potentially, after the november election if, indeed, the republicans take back the senate. >> well, i was surprised that five democrats in the house voted for it yesterday. that was courageous, and i think what they did is they looked at this bill as a member of the people's house or a member of the senate instead of as a republican or democrat. and if you look at it from a separation of powers standpoint, how could you not vote for something that says, mr. president, you have to follow the constitution. he doesn't have to sign the bill, martha. martha: yeah. >> he doesn't have to defend his constitutionality. but with the affordable care act not only did he sign it, he went to the supreme court to great lengths to prove it was legal. martha: the founding fathers assumed each branch would have such a strong instinct for self-preservation that you wouldn't need to do this, but it turns out to be, perhaps, not true. trey gowdy, thank you very much. always good to have you here. >> thank you. bill: talk to jon and jenna in a moment here, but before we go there, he may have the right to bear arms, but apparently he doesn't have the right to wear this shirt at school. what happened when he refused to change the shirt or turn it inside out or put tape over it. we'll tell you about that. and this -- [cheers and applause] martha: oh, that was awful, right? now we know the building permit has not been found, and there was a construction flaw when the stage was built, according to some, and there is more to know about that coming up next. ♪ ♪ bill: the story of the 16-year-old high school student suspended for refusing to turn a t-shirt inside out. here's the shirt. you can see the nra logo and the words "second amendment" shall not with infringed across the back of that shirt. the student's family belonged to the nra. michael graham is a radio talk show host, good morning to you in boston. >> i'm doing great, and i'm a big second amendment supporter here in massachusetts where it's not too popular, but i don't know that this kid's on the right side. wul will the guy was put in suspension, essentially, he had to sit there by himself. the school wanted him to to change the shirt or cover it up, and he said, no, i'm not going to do that. you don't have a problem with what the school did? >> well, here's the question. look, on the issue of the second amendment, we have to know that it is a very uncomfortable position. a lot of people in the schools are anti-gun ownership, and we have a problem here in new england of politics entering the classroom. so that is a problem, and i can see why the kid might have an attitude. but come on, bill, he was like me in high school. he had an attitude. he had two shirts, he had a sweatshirt that when he took off, he had a t-shirt on underneath. here is my question: was he truly disrupting the school? that is all i care about in the school. if he was causing a climate where people wanted to fight about gun rights or whatever, then i can see the school's point, but you've got to show me -- bill: so you're suggesting that he provoked the school to take action. >> i'm simply saying this, if his shirt really was causing a problem, all i want the school officials to do is keep away the problems. i want to know if the kids who are into rap music, wear t-shirts of guys with gang symbols and guns, were those gone? the girls who wear sexy shirts, were those gone too? if the school's using the standard of you are making us to teach these minds full of mush to add, they've got a point. bill: well, what if his dad says, what if his dad makes the case -- as he has -- that this is nothing in the school code that says you can't do this? >> well, see, then you get to the air of zero tolerance policy which always equals 100% stupidity. i don't care about the code, i want to know could the kids have class? if the teachers had a problem with it, that's their problem. but if it disrupted the order of class, if people were arguing, yelling, screaming, that's the standard we should hold. bill: thank you, michael. that was even-handed. i didn't t expect that from you. [laughter] >> thanks, i think. bill: in boston. yeah, you think. see you again soon, all right? martha. martha: well, judge judy is not on the bench in this case. who she is suing and why. ] sydd some financial guidance so she could take her dream to the next level. so we talked about her options. her valuable assets were staying. and selling her car wouldn't fly. we helped sydney manage her debt and prioritize her goals, so she could really turn up the volume on her dreams today...and tomorrow. so let's see what we can do about that... remodel. motorcycle. [ female announcer ] some questions take more than a bank. they take a banker. make a my financial priorities appointment today. because when people talk, great things happen. and a hotel is the perfect place to talk to you about hotels. all-you-can-eat is a hotel policy that allows you to eat all that you can. the hotel gym is short for gymnasium. the hotel pool is usually filled with water. and the best dot com for booking hotels, is hotels.com. it's on the internet, but you probably knew that. or maybe not, i don't really know you. bellman: welcome back, captain obvious. captain obvious: yes i am. all those words are spelled correctly. martha: throwback thursday, takes us back to 1942, 82 years ago to the day that the u.s. army formed k-9 corps. the dogs received specialized training to become centuries, messengers and mine sniffers. 18,000 dogs were submitted to training. 80,000 of those pups failed the strict exams. what a great contribution those dogs made to the military. bill: throwback thursday hashtag. bye, everybody. jenna: breaking news on today's top headlines and stories we'll see here first. jon: mystery of the missing aircraft deepens. the search goes ton or the 777 with 239 people onboard. new testimony in the oscar pistorius trial. tragedy at a popular music festival in texas. it is all "happening now."
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