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man? and is this going to be another situation of home grown terror and a relationship to isis? molly now live for us in boston. >> reporter: we know the man was under the surveilian of the joint terrorism task force. he was shot about 7:00 this morning. still an active scene here. we are in a residential area in boston. this is a quiet area of the city on any normal begin day. police say this was a joint investigation. the fbi also involved. a boston police officer and fbi agent approached this man intending to ask him questions. he pull bad the police commissioner described as a black military style knife then lunged at investigators. take a listen to commissioner william evans. >> the officers asked him several times to put that knife down. they gave him several commands. the officers tried their best retreating. again several more orders to put down and at that point, he came within the proximity that the officers used deadly force. >> reporter: both the fbi agent and the boston police officer opened fire and he was taken to one of the trauma centers here in boston but his life could not be saved. >> what else do we know about this suspect? >> reporter: we know very little. what we have learned thus far is he is believed to be in his 20s. beyond that we don't know what brought him to the attention of the joint terrorism task force. whether or not there was terrorist sympathies. given the history in boston very active. they've been involved in a lot of investigations including that of the tsarnaev family leading up to the boston marathon bombing. people involved when you have a big organization like that working. we are still working to get more information on this individual who was killed today here in boston. >> could be another home grown terror situation inspired by isis. thank you so much. federal safety investigators in another fox news alert now releasing a preliminary report today on last month's deadly amtrak crash. as law makers on capitol hill grill top safety regulators and rail executives on why they didn't move faster to install critical upgrades that could slow down a speeding train before it barrelled into that curve in philly. crash killing eight people injuring hundreds more. peter doocy live for us in washington. i imagine there were tons of questions today. >> there were. we just learned why officials hadn't considered installing technology to slow down or stop out of control trains called ptc, positive train control, on the part of the track where 188 derailed. the reason they never thought an engineer would go so fast heading for that curve. that's it. >> at that time the notion that an engineer might accelerate into the northbound curve was not a circumstance we anticipated, thus we didn't mitigate for it. it was a reasonable decision reached by reasonable experts under reasonable circumstances. >> despite a mandate to install every year by the end of the year doesn't sound like that will happen. we did get our hands on the report about the derailment. it says they haven't found any enom plays after inspecting the train's brakes signals or track. the investigation confirms the engineer did activate the emergency brakes seconds before 188 rocketed off the rails. now there is a big focus on his cell phone. somehow they still can't figure out or won't say whether or not it was in use right before the deadly accident. >> while the cause of this accident has not been officially determined we do know that speed was a significant factor. and speed simply put, is what we refer to as a human factor a factor based on human behavior. >> reporter: a rep for a locomotive union is trying to make the case figuring out ways to prevent fatigue with train crews is in his opinion, a more immediate safety concern with an easier fix. >> very interesting. peter doocy, thank you. for more let's bring in former ntsb investigator also former faa scientist. doctor what do you make of this? there are so many ways which this investigation can go based on what they find out from that cell phone we all know he was speeding but we don't know why. if he was distracted because he was using his cell phone, it's a totally different case is it not? >> absolutely. at this point, we don't know it was deliberate. i doubt that is the case or some sort of inadvertent acceleration. you drive these trains and that's what they call them by putting your right hand on the brake lever and left hand on the throttle. if there was some sudden type of impact on his windshield he may have suffered a startle response psychologists refer to it as an instinctual reaction. this is not really a human error. this is human nature. he could have lost his footing and fell down shoving the throttle forward. this train is a springer 64 because it is so quick to accelerate. all the more reason why you need these positive train controls installed to prevent that sort of thing from happening. i was glad to see them discuss fatigue. >> let's talk about that. one of the things you alluded to was what they reported they found some impact maybe from something that hit the windshield but we are not clear whether that happened after the train crashed or if it was something that distracted the engineer before. this engineer had blasted the engineering business in general and the railroad company for fatigue issues. how do you see this playing out? >> i think this is something that the ntsb human factors people will look carefully at. the othere they'll look at is a type of training that he railed against online. that's the type of communications training that we see in the airlines. it's popular. i write the recommendation back in 1979 that got that started. he was saying we need more of that in the railroad. fatigue, crew resource management these are all things the ntsb will have to analyze after they have a better handle on whether or not this was a startled response slip/fall or intentional act. >> you would think they would know if he had fallen down. maybe they do and are just not saying. they are also talking on the hill about using seat belts for train passengers. is this something that is feasible? it would cost billions to install. >> it's not a case of just bolting on seat belts. you have to reenforce the seats themselves because of the leverage effect caused by the belts being on the seats. it's not a simple thing. there have been three studies done. they concluded they are probably not cost effective. again, that is something the ntsb will revisit to establish. ntsb doesn't do the cost benefit study. that's the federal railway administration. at least they will address just what would be involved in reenforcing the seats and the floors as well as getting belts on the seats. >> wow. sounds like an extensive project, more than just putting a belt. in dr. alan ldiehl, thank you, sir. the obama administration publishing more information about skyrocketing increases for 2016 sought by large insurance companies selling plans under the health care law. the new requests come as the supreme court set to issue a decision this month on the legality of tax credits meant to offset cost of premiums for lower income consumers in most states. what can americans expect in 2016? in hawaii one company medical service association is seeking a 49.1% increase for some of its plans. in pennsylvania one major insurer looking to hike rates by nearly 60% for some plans. south dakota wants to raise some rates by more than 40%. much more to come on this developing story and the states in which you live. time for my take. in an interview yesterday, president obama spoke about his legacy and touted his signature health care legislation. today we just showcased how obamacare rates could skyrocket in several states for the upcoming year. a few other thing stood out in his interview. the president said he believes he helped improve the united states' standing in the world. that isn't accurate since most polls show more nations have lower regard for the u.s. now than before obama's time. it's interesting to note that the president said a positive part of his legacy would be the success of the u.s. economy. today the most recent gallup economic confidence index report shows economic confidence in america has actually dropped seven points in the month of may, the third straight month in negative territory, the lowest monthly average since november 2014. things can change over the 20 months the president has left in office. quite possibly to make his legacy a little more positive than it really appears to be right now. you can get my takes on my facebook page and foxnews.com. coming up on "the real story," major developments as the fifa president makes a major announcement about his future. he just got re-elected. what's next for soccer and the world cup? we'll debate. after months of pleading why supporters of a 2016 white house run by massachusetts senator elizabeth warren are now throwing in the towel. meantime the tough new poll numbers for hillary clinton. and why her response to a devoted fan who was looking for the former secretary of state's autograph may not help. >> go to the end of the line. why don't you go to the end of the line? the growing soccer scandal, fifa president sepp blatter announcing he will step down days after he was are-elected to a fifth term. >> although they re-elected me president, this mandate does not seem to be supported by everybody in the world of football supporters clubs, players, those who inspire life in football. >> fifa was rocked last week by the arrest of 14 people on charges ranging from racketeering to wire fraud and money laundering as part of a huge united states investigation. separate criminal probe by the swiss under way in selection of host companies for the 2018 and 2022 world cups. joining me simon rosenberg, former clinton campaign advisor and larry o'connor host of "mornings on the mall" in washington. who knew both of you were huge soccer fans and you really want to talk about this because you both have been tweeting away. simon, let me start with you. are you jut raged that sepp blatter was re-elected and now says i'll step down. >> it's a great day for the world's most popular sport. all three of my kids play soccer. we've been talking about this stuff at home. what's important, if you look at twitter and facebook america is getting praised by people all over the world, loretta lynch is a global figure who finally took down the evil sepp blatter and cleaned up the world's most popular sport. it's a good day for america's soft power around the world and good day for everybody who loves soccer. >> i guess simon is saying he believes blatter was involved in this. >> simon wanted to talk about this to praise the obama administration. i'm sorry i didn't bring my horn to celebrate this. this is like all the executives at the nfl taking pay-offs and bribes to move the super bowl from one city to another. we would be outraged about that as well. there's a whole lot of american money involved in this. this organization is run partly like a socialist eastern bloch country from the old cold war era and partly like a mob family. it is good they are being taken down. i want them to reopen the investigation where the world cup should go. >> no doubt. the ones going to qatar and the ones going to russia need we say more. >> now the race for the white house. group behind the push to get elizabeth warren into the race have begin up throwing in the towel announcing six months they are going to be suspending it. this comes as we have new poll results for hillary clinton. her favorability rating taking hit down seven percentage points whether she cares about people is down by 6%. honesty and trustworthiness off by 8%. should she be concerned? >> yeah she should. it's very early. you don't want to see downward movement like this. it's why she's got to ramp up her campaign and make a far stronger and more vigorous argument why to be president. she weakened a little bit against republicans. inside the democratic camp she is as strong as she's ever been. she's got as clear a shot to the nomination as any democrat in the modern era. >> now that you have o'malley and bernie sanders, i said this yesterday in my take. it almost can make her a better candidate having these other competitors there. as they start to answer questions, she will have to start acting like a candidate and telling america what she thinks about certain issues. >> i agree with you. i don't think she has the confidence in herself and her ideas, whatever they may be we haven't heard, to actually fight against these candidates and pivot to the center. these guys are coming to the left. that's why elizabeth warren got out. there's voices coming from the socialist left wing 90% of the democratic party. she will pander. it isn't going to make her a better candidate but a puppet of that radical left wing about 95% of the democratic party. >> do you think that will happen? many people thought of hillary clinton before especially compared to president obama as more of a centrist. >> one of the things i'm most excited about as a clinton democrat and supporter of barack obama is the ability for hillary clinton to remind voters that when democrats have been president, the economy's gotten better republicans have come in and things have gotten worse. things were never better when clintons were in the white house. she's going to have a very strong -- i don't agree with larry on this one -- she's going to be able to have a very strong platform to remind voters when they were in the white house it was the best economic period we had in a very long time. >> okay. >> we'll be able to take it and go offense. >> i'm sure simon is old enough to remember the reagan years. come on. >> thanks for doing sports and politics. >> bring the world cup to baltimore. >> oh, okay. shouting out for baltimore. thousands of americans' personal information stolen by hackers through the irs website. now the agency's chief, a lot of explaining to do before a senate committee about how long they knew of the security flaws before that big attack. plus time warner cable ranked dead last when it comes to customer satisfaction. imagine that. that's out of all u.s. companies, not just cable providers. that brings us to our question of the day, what's your worst or best customer service story? don't hold back. tweet me. is there good customer service anywhere in the u.s.? s do you get a human being anywhere? do you get a human being anywhere? today her doctor has her on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before you begin an aspirin regimen. get the complete balanced nutrition of ensure. with nine grams of protein... and 26 vitamins and minerals. and now with... ...twice as much vitamin d ...which up to 90% of people don't get enough of. the sunshine vitamin! ensure. take life in. >>. >> a lot going on the hill today in d.c. the irs commissioner in the hot seat literally over a data breach that put thousands of americans' personal info in jeopardy. he's speaking live right now. earlier getting grilled why they did not address weakness in the system. shannon breen live from washington. what are we learning about all these warnings? >> irs inspector russell george was also part of the hearing this morning on the hill. he has outlined numerous recommendations that would upgrade the ability to protect taxpayer information. today george testified his office has made dozens of recommendations and he's also found they often aren't fully implemented, and in many cases not implemented at all. as for whether it's an issue of funding, gop senator had this to say. >> it appears during the obama administration about $5 billion has been dedicated to the irs for i.t. under the bush administration the number was somewhere around $5.3 billion. so in the last decade or so over $10 billion for i.t. and it just doesn't seem like the type of security we would anticipate and expect. >> reporter: the second hearing on this issue has just gotten under way. we'll hear again. >> irs has a whole heck of a lot of problems. how is the commissioner responding? >> reporter: he readily acknowledged what happened. he says the irs is doing everything he can to assist the more than 100,000 taxpayers who have been directed affected by this breach. he says it is a problem way beyond just his agency that the perpetrators in this case already had key personal information about the taxpayers before hacking into the irs system. >> the battle is becoming increasingly more difficult, not just for us but for everyone on the private sector. this is a shot to remind people the nature of the bat we'll are fighting and the sophistication of the enmichlt >> reporter: overall the agency is suffering because of its outdated infrastructure. he said it could cost billions to update. >> scary when they break out the "b" instead of the "m." >> at least they didn't get to the "t." >> most of the patriot act clearing a major hurdle in the senate. battle not over. what the fate of the surveillance powers could mean for all americans. that vote the reason why one 2016 hopeful couldn't join the others at a major florida gathering. senior vice president of business news and anchor neil cavuto is there getting all the headlines for us. he joins us next on "the real story." first, here is senator marco rubio. >> the united states senate is taking up the reauthorization of the patriot act, an important national security issue and that is a vote i couldn't miss. shopping online... ...is as easy as it gets. wouldn't it be great if hiring plumbers carpenters and even piano tuners... were just as simple? thanks to angie's list now it is. start shopping online... ...from a list of top rated providers. visit angieslist.com today. here's some headlines we are following at the bottom of the hour. authorities identified two bodies found last week in the texas flooding. secretary of state john kerry reported in good condition after undergoing surgery in boston for that leg he broke while biking in france. a wildlife park in south africa where a lion killed an american woman yesterday now open again for business. the air why where the attack happened remains closed off. the senate grappling with how to restore the expired surveillance law that allowed the government to track terrorists. law makers working on a bill that cleared a major procedureal hurdle. the nsa will be out of the business of bulk collection and storage of american phone records. the old law expired at midnight sunday. mike emanuel live from washington for us. what's the latest in the senate on this legislation? >> we expect a series of votes this afternoon. the senate is just now getting back into session. there will be an amendment vote allow morgue time for this transition to a new system with telecom companies maintaining the phone records instead of the nsa. another amendment saying the director of national intelligence should certify the system would work. mitch mcconnell made the case for fine tuning the house bill. >> now is the time to put that in the past and make discrease and sensible improvements to the house bill. it helped protect us from attack in favor of an untried one, we should at least work towards securing some modest degree of assurance that the new system can, in fact actually work. >> however, there is bipartisan concern from key house leaders about tinkering with a bill that passed the house with huge bipartisan support. they should take this bill pass it and send it to the president to keep america safe. denny hoyer warned changes would doom the bill in the house. message from the house is there are risks involved with tweaking. >> what is the white house saying about all this at this point? >> josh earnest says the senate should pass this bill that balances the need to protect the company with the need to protect the privacy of the american people. >> it's time for the game playing to come to an end. we continue to believe the best course of action now that the senate has blown through the deadline that they have been aware of more than 1 1/2 years, they should vote to pass the bill in its current form. >> the white house doesn't want to get into a situation with the senate and house, ping ponging this bill back and forth. >> thank you. time to check in with shepard smith live from the fox news deck. going by quick today. >> we are early today. the reason is because josh earnest is going to be a guest in the next hour we wonder around here if he forgot about, well the constitution. then we wonder what it feels like for the white house to be lock step with the republican leadership. there is this argument this whole collecting up everything on all the americans and putting it somewhere to look at later, really they can't do because of this weird, obscure, old, old, old piece of paper. they call it the constitution. judge napolitano says that josh earnest is wrong, that the white house is wrong, that the congress is wrong and they are all trampling the constitution because terror. be afraid. we'll ask josh earnest about that. i'll ask him in lots of different ways or try to. >> i look forward to your questions. >> thank you. >> all right. gop presidential hopeful did he chaired, undeclared in the key state of florida today taking part in an economic growth summit. bobby jindal is speaking. while income inequality seems to be a big issue in the 2016 white house race neil cavuto sat down with wisconsin governor scott walker who cautioned against dividing america. >> we need to be talking about aspiration not envy. we are a nation of aspiration. we need to stop having leaders who pin one group of americans versus another. >> joining me for the first time on "the real story," neil cavuto senior vice president of business news and anchor live from orlando with a front row seat. great to have you on "the real story." >> yeah. i think you're right. this is the first time. how are you doing? >> just fine. usually you're preparing for your many shows you do. tell me about orlando. you interviewed scott walker. who else have you had a chance to speak to? >> everyone here. some are calling it a candidate cattle show. they showcase their prescriptions of the economy. the rules going into this are 30 minutes state your case. what would you do to improve the economy to generate jobs? rick scott wants to keep it simple and to the point. marco rubio who was planning to come here had to decline because of all the senate voting. the prior regrets sent by rand paul and ted cruz. governors past and present were all with an eye on the white house. to a man they kept the specifics limited, but the general overall theme on we can be or i can be the new reagan. that was very much a consistent theme. when i tried to pull out specifics of what that meant, they were very very leary about doing that. ironically, the closest came from the likes of mike huckabee who offered a game plan not to touch social security. new jersey governor chris christie proposed raising retirement age. governor huckabee said that is suicide mission. both politically and we don't need to do it any way. chris christie feeling the opposite. you have to take on entitlements. that was about as heated as it got. for the most part the governors were pounding the gubernatorial theme that to be governor is a far more effective background than to be a united states senator. rick perry is contemplating a run. this is from rick perry. >> i think executive experience is very important when you look that you are going to have a major piece of surgery, you want the most experienced surgeon. why would you not want the most experienced leader of this country in a most trying time click economically foreign policywise. this is going to be a show me/don't tell me election. >> since you are so in touch with the economy policies should the presidential candidates right now actually talk about their economic plans? is it too early or just the right time? >> one thing that drives me nuts they talk a good game. very rarely do they offer specifics. you and i know debt has grown under democrat and republican administrations alike. the fact of the matter is with $18 trillion in combined debt right now, we've got to do something. this idea i'm going to take all my marbles and wait for republican president or another side says i'm going to take all my marbles and bet on the democratic president, the rate we are adding to this debt is a luxury neither party can afford. someone has to step forward with a game plan while neither side gets everything it once but maybe because i'm a business guy, a geek i'm all for moving the ball forward and moving on and getting something cobbled together. as ronald reagan the man quoted more than any other said i would rather get 80% of the loaf than no loaf at all. >> very good quote. neil cavuto. catch cavuto 4:00 p.m. on "your world." he'll have jeb bush live. thanks neil. >> thank you, gretchen. coming up here on "the real story," the fbi admits to using small planes to keep an eye on criminal activity in u.s. cities even using equipment like this to pick up cell phone locations from the air. is all this flying and hovering around us legal? more now on my upcoming book "getting real." it's out june 16th. today you get a chance to take home an advanced autograph copy if you answer our trivia question correctly. i'm the only one to ever win the miss america pageant with this talent. what was it? hoed to facebook.com/gretchen carlson. enter your answer in the comment section. if you answered correctly, you'll be entered to get an advanced copy "getting real." there's some facts about seaworld we'd like you to know. we don't collect killer whales from the wild. and haven't for 35 years. with the hightest standard of animal care in the world, our whales are healthy. they're thriving. i wouldn't work here if they weren't. and government research shows they live just as long as whales in the wild. caring for these whales, we have a great responsibility to get that right. and we take it very seriously. because we love them. and we know you love them too. ♪ every auto insurance policy has a number. but not every insurance company understands the life behind it. ♪ those who have served our nation ... usaa. we know what it means to serve. get an auto insurance quote and see why 92% of our members plan to stay for life. welcome back to "the real story." the fbi operating a fleet of low-flying surveillance planes over city across the country. each aircraft uses video and in some cases cell phone technology to get surveillance without a judge's approval. catherine herridge live in washington. what has fox confirmed about this story? >> reporter: the fbi is not denying that the program exists but emphasizing it's not a secret program and it's not endpajen engaged in the bulk collection of data. they found more than 100 flights over 11 different cities including seattle, houston, phoenix, chicago, boston minneapolis as well as southern california. the ap says it was specifically asked by the fbi not to identify the shell companies that were being used by the bureau. the ap includes this plane with unusual antennas and a camera photographed last week in northern virginia. a 2010 budget document lays out the fact that the fbi does have a fleet of about 115 planes similar to this one, including 90 sesa aircraft. today a member of the senate intelligence committee wanted to know whether the program respects legal boundaries. >> is it consistent? is it authorized? does it have oversight? we will be asking all these questions sooner than later. >> reporter: the fbi says these flights do comply with agency rules that limit the length of monitoring as well as the equipment that they are able to use. >> interesting we are finding out about this as we've been having this nsa discussion. are critics buying the explanation? >> reporter: after the freddie gray protests the fbi field office in baltimore confirmed to fox news that the bureau was flying surveillance flights over the area to assist local police in their investigation. the aclu said at the time it was filed freedom information act request to determine whether the flights and data collection were lawful. today the civil liberties group believe the flight surveillance is part of a broader pattern of government overreach. they say the fbi may have a specific target in mind but it still means when they go after that target data they collect a basket of information, thousands of people. it's not clear whether they retain this data or dump it. many agents said in the past the one thing the bureau never does is throwing anything away. >> there are other agencies that could learn from that trick. i can think of a few. catherine herridge thank you so much. >> you're welcome. for more from a legal perspective, joining me is judge andrew napolitano. >> your comment about other agencies. >> you're upset about this. >> if the fbi has word that terrorists have surrounded laguardia airport or operating in or around laguardia airport, of course they can send planes to look at them. if the fbi is following somebody from the sky it has reason to believe is engaged in criminal activity of course it can do that. if it's just flying over a city to see what's down there, locking on to the cell phones of people who happen to come in the purview of its antenna? it cannot do that without a search warrant. no judge would give a warrant without the fbi being able to say who they are looking for and why they are looking for that person. >> we heard catherine say that it was maybe during the baltimore uprising and freddie gray that the fbi was actually doing this. >> if the police in baltimore want to hire the fbi to use aerial photography to monitor criminal activity that would be a perfectly valid use. if in the act of doing so it picked up the cell phone calls of geraldo rivera who was there on the ground for fox news and it retained that that would be a violation of his rights and the fbi knows that. >> the fbi doesn't dump anything. >> the fbi would be under an affirmative obligation to dump that which it inadvertently collected. if it intentionally collected it it's a profound violation of the civil rights of the people whose information it obtained because it is doing so without a warrant. >> the fbi put out a statement and said the aircraft are not equipped designed or used for bulk collection activities or mass surveillance. do you believe them? >> i don't know that the technology exists. let's say we are walking through the streets of baltimore. they are following me not you. i don't know technology exists that would let them just latch on to my cell phone and not yours. if they don't throw away that which they gather they are violating people's rights. >> a couple of questions for you. what is a stingray? don't answer it's a fish. >> is that the name of a corvette? >> no. something that triangulates the source acts like a fake cell phone tower. allows government to locate interfere with and intercept calls. >> local police departments have been using these stingrays indiscriminately. judges are not issuing search warrants for them. i can tell you when this information shows up in a courtroom, judges suppress it because it was done without a search warrant. you would be driving along a highway and the stingray intercepts your conversation in the car while you are lawfully talking to someone. the government tries to prosecute basis on the conversation. they lose and they violated your rights if they have a search warrant, the surveillance of the conversation is perfectly lawful. >> very interesting. all right. great to have you around for all that explanation. >> nice to be with you. could a little help be on the way for the lady? scientists are working on a little pink pill that is being called viagra for women. it's not blue, get it? it's true. it's having trouble getting approval. why? why can't the ladies have fun, too?approval. why? why can't the ladies have fun too? benny's the oldest dog in the shelter. he needed help all day so i adopted him. when my back pain flared up, i thought i'd have to give him away. i tried tylenol but it was 6 pills a day. with aleve it's just 2 pills, all day. now i'm back! aleve. all day strong. all right. here might be the best story of the day. fda experts will meet this week to discuss whether to recommend approving not a little blue pill now but a little pink pill designed to boost women's libidos. viagra for men has been around for decades but there are still concerns about the first ever female equivalent. so excited about this, trace, i can't get my words out. >> best story of the day. >> please tell me it's coming soon. >> oh it might be. the drug is called flabancerin and it works by targeting a woman's brain chemistry. researchers say it increases dopamine a brain chemical associated with appetite and lower serotonin, which is linked to satisfaction. so in other words, you're hungrier so to speak, but not as satisfied. it was originally studied as an anti-depressant, but the women involved in the study reported higher levels of desire. so it became a libido booster. the fda fully acknowledges the drug does increase in sexual desire but the feds have twice rejected it because of lackluster results and potential side effects like low blood pressure and fainting spells. now, supporters of the drug say the fda is overlooking the needs of women, pointing out that men's viagra has its own side effects. you know like the one that could last more than four hours. studies show that 43% of women at some point are affected by sexual dysfunction versus only 31% of men. but doctors also say that we don't really know as much about female sexual dysfunction. listen. >> this is a brain drug and everyone says for women sex is more about desire more about the brain. the opponents of this drug are saying well wait a minute women may have a problem with their relationship they may be tired from too many kids why give them a pill, why overmedicate? >> women are already being prescribed viagra and anti-depressants to increase their desire but this would be the first drug approved specifically for that purpose. the fda will hold discussions and then vote on this in august and the experts think it will get a thumbs up this time around. gretchen. >> see, you were excited about it too. you just bungled fda. we can't even talk about this. >> and try saying flabacerin five times. >> exactly. but here's the thing. dr. siegel was saying we don't know as much about women. well first of all, why not? and that's why women and men are different. and i for one would love to see this drug approved for all the females all across the world. trace. >> and i for two second that motion. gretchen. >> well thank you so much. all right, trace. thanks for reporting on that. what company do you think was named the worst in customer service? bet it isn't viagra. making a fist something we do to show resolve. to defend ourselves. to declare victory. so cvs health provides expert support and vital medicines. at our infusion centers or in patients homes. we help them fight the good fight. cvs health, because health is everything. ♪ ♪ when you're living with diabetes steady is exciting. only glucerna has carbsteady clinically proven to help minimize blood sugar spikes. so you stay steady ahead. ♪ ♪ ♪ (singing) you wouldn't haul a load without checking your clearance. so why would you invest without checking brokercheck? check your broker with brokercheck. the march of dimes launching its latest prematurity research today. this time the lucky city is xhoeg. this becomes the fifth center of its kind dedicated to solving the mysteries surrounding premature birth and why they happen so frequently right here in the u.s. premature birth the leading cause of death to babies here in this country, if you can believe that. and children under the age of 5 worldwide. time warner tying for last place among all companies, not just cable companies, in terms of customer satisfaction in a new "consumer reports" survey. sharon didn't mention the company but says a gable guy came close to setting her house on fire and electrocuting himself. bad day. nick says cvs pharmacy's minute clinic hotline kept repeating itself and all he wanted was to find out the hours. but sometimes there's good news i guess. samantha says comcast killed a huge wasp nest in her cable box and she didn't have to wait or even pay for. that is good news. thanks so much for being part of the real story today. i'm gretchen carlson. let's head over to shep. >> it's not just the nsa that collects intelligence on americans. we just learned that the fbi has ilths its own fleet of surveillance planes that are flying over us all the time. dozens and dozens of planes registered -- they're not a secret, so they're just registered under the government right? no. they're registered under fake companies. according to an associated press investigation, government you're awesome. you're doing a fine job up there. has to be some sort of misunderstanding right? turns out the fed admit it and they're not even trying to keep it a secret though on that point they are
QatarTexasUnited-statesFloridaBostonMassachusettsCaliforniaVirginiaWisconsinRussiaWashingtonDistrict-of-columbia doug mckelway starting coverage. what changes can we report, doug since this embarrassing report went public? >> reporter: lots and lots of changeses are headed our way bill. whether or not they work or enagain der confidence remains to be seen. this is latest embarassment for long line of embarassments for tsa. a recent report hundreds of security badges weeks ago were loss at the atlanta airport and san diego airport. this is much more serious. this new internal report shows out of 67 out of 70 attempts to pass contraband material through tsa security, screeners did not detect the contraband. in the aftermath of this, dhs secretary, jeh johnson tried to put the best face on it with a statement last night which read in part, these numbers in this report never look good out of context but they are critical element in the continue evolution of our aviation security. we take these findings very seriously and efforts to enhance capabilities and techniques as threats evolve. in addition to that, johnson took the immediate step reassigning interim administrator of tsa he is sending sending that man whose name is melvin carraway to a different role. in addition to that, requiring tsa leadership to immediately revise standard operating procedures for screening to address the specific have anotherrabilities. secondly he will saying brief results testing at security directors at every us air port. thirdly, new training for all tsa officers in all airports to address this specific threat. fourth, he is asking tsa to retest and reevaluate all screening equipment and fifth, he wants more random screening to test whether these new measures will work. lastly he is appointing a team of senior leaders to oversee the implementation of all of these actions. for the traveling public none of these changes will likely end gender anymore confidence. here is james carafano of the heritage foundation. >> it is not much better it was before 9/11. it is meant to be deterrent. not the great wall of china. it is not what is going to stop the next 9/11. >> reporter: martha, these kind of red team tests have been done in the past without very much success. whatever measures were made to change for the better, this kind of problem has with no success whatsoever. bill: got worse rather than better. you're right. >> reporter: got worse yeah. bill: reagan national there. martha. martha: here is what the tsa is dealing with. it is responsible for 450 airports with the help of 47,000 tsa officers. back in september i spoke with the then tsa administrator about the challenges that they have identifying these threats. >> it is an enormous task. agents screen around 640 million passengers and 1.5 billion bags a year. >> we've tried to adopt a rule we call basic security approach to move away from one side fits all. if we're looking for proverbial needle in haystack, if we reduce size of haystack more would be able to identify a terrorist getting on the plane. martha: this shows that those efforts have failed. bill: we have much more throughout "america's newsroom" today. congressman jason chaffetz chairs the house committee and oversight government reform. here at 9:45 eastern time. we'll speak with dan coats from the senate intelligence committee as well on this topic coming up next hour on that. a lot of issues. someone went through the magnetometer martha with a fake bomb strapped to the top of their back and they did not catch it. it does not get much more obvious. but your water bottle, your lighter gone. martha: forget the water will go. artificial hip is also a problem. but people, this isn't the first time they have done this. they did tests years ago at newark. people got through with guns and got through with knives. what the tsa says we'll never be 100% perfect but part of layers what you have to go through are designed as deterrent. not that it's a stopgap but it will make it more difficult and hopefully deter people from doing it. that is the argument. we'll test it a number of different ways. bill: we have some work to do. martha: this fox news alert this morning as hundreds of people are feared dead after a cruise ship capsizes off the coast of china. it happened late last night during the fourth day of a 10-day pleasure cruise. 450 people were onboard the ship. most of them believed to be elderly. so far only 10 people have been rescued. the cause of the crash remains under investigation. bill: meanwhile u.s. officials getting to meet our top allies in paris today in our fight against isis. that comes amid signs that the current u.s. strategy which relies heavily on iraqi ground forces is faltering. isis tear university ares have captured as many as 2,000 u.s. military vehicles from iraq's troops as they retreated from various battles. meanwhile new video out of iraq allegedly showing fighter planes bombing isis targets near the town of ramadi. that is key city the terrorist army captured just last month. martha: hillary clinton making friends and influences people on the campaign trail. the democratic frontrunner catching flak after a devoted fan approached her in new hampshire, very important to hillary clinton. looking to catch a snapshot with the former senator and secretary of state. clinton's reply? here we go. >> if you go, go to the end of the line okay? why don't you go to the end of the line. martha: oh, my. why don't you go to the end of the line. byron york joins me, chief political correspondent for "washington examiner" and fox news contributor. this will be get played over and over and elsewhere not good for hillary clinton regardless what the circumstances exactly were. >> zillions of times. it has already gone viral. the problem for hillary clinton, it kind of plays into this image of her as a school marm and disciplinarian. she is a teacher who told you to go sit in the corner. doesn't help. i should say that some people have looked at the whole video the whole event. mrs. clinton was trying to accommodate the people who had lined up to see her but it points to really to a bigger problem which is that she is not having actual campaign events, actual big events with the public like other candidates are. martha: yeah. i mean this is not one of those loose moments where you're smiling and talking to people and sure, i will take a picture. sure i will sign an autograph. maybe this woman was really out of line and needed someone to tell her she needed to follow whatever procedure they were looking for, but that image and that voice that is going to stick with people. her numbers are not good. there are new numbers out today in cnn -- orc poll, a couple of different polls she is at the lowest favorability she has had in 14 years, byron. these do not inspire confidence all in the mid to low 40s. >> numbers are really terrible. in this new cnn poll you mentioned she is pretty deeply underwater in really two key questions. one, do you believe secretary clinton is honest and trustworthy? underwater in that. two, do you believe that she cares about people like you? that is a hugely important category. she is 15 points underwater in that. which may have something to do with this, these reports we're seeing that she is going to sort of relaunch her campaign. she is going to have a second launch of her campaign on june 13th. she will have a big event on roosevelt island in new york city. and, it may be her actual first big event where there are members of the public there even though roosevelt island is kind of hard to get to. martha: you have to take a tram, it is an island for starters, across from another big island where it might be easier to gather people together. one last question for you byron. people looking at these gop candidates and want to support them is this necessarily good news for them? should they takeaway that this will make their job easier? >> well we've seen actual some improvements in head-to-head matchups between say, jeb bush or marco rubio or scott walker and hillary clinton. she is still a very strong presence in national polls, in head-to-head matchups with republicans, but if she continues to have numbers like this especially in the honest and trustworthy question, especially on cares about people like you question, that is actually going to be good for republicans because they have been trailing her in those one-to-one matchups ever since the campaign started. martha: you're at front of the line this morning, byron. at the top of the show. better behave. >> thank you, martha. martha: back of line next time you never know. >> don't send me tote corner, martha, thank you. bill: june 30 tenet, is the new date. chipolte stop was not good enough. redo. martha: restart. bill: senate leaders looking to give a version of the patriot act another try and they will do that today but rand paul already declaring victory on our program right here. >> the government is no longer going to collect all of our records all the time. this is big rebuke to the president. the president is now going to have to obey the law. bill: the kentucky senator saying that the nsa program is unconstitutional and simply doesn't work on that. former cia director james woolsey on that in a moment. martha: the obama care spike. major health insurers now asking for big premium increases. wait until you see these numbers, into the double digits some of them. neil cavuto here on that. bill: also an american woman mauled to death on safari by a lion. >> the lady was busy taking pictures of it. the lion then, sort of lunged at the car and it bit the lady through the window. usaa makes me feel like i'm a car buying expert in no time at all. there was no stress. it was in and out. if i buy a car through usaa, i know i'm getting a fair price. we realized, okay, this not only could be convenient we could save a lot of money. i was like, wow, if i could save this much, then i could actually maybe upgrade a little bit. and it was just easy. usaa, they just really make sure that you're well taken care of. usaa car buying service. powered by truecar. online and on the usaa app. ♪ ♪ when you're living with diabetes steady is exciting. ♪ clinically proven to help minimize blood sugar spikes. so you stay steady ahead. martha: we take you quickly to orlando where rick scott, the governor there, is holding an economic summit today. most of the top names in the gop contender pile for 2016 are going to be speaking there. we understand marco rubio will be stepping to the podium moments away. we'll talk to neil cavuto. he is there for this event in orlando. we'll speak to him coming up in the meantime. bill: another fox news alert. because the senate will try to again in a few moments to save most of the patriot act. they will try to move forward with a bill that would reinstate some of the expired tsa powers after kentucky senator rand paul proved to be a success changing the law so far. ambassador james wool sir, former cia director, chairman of and founder of defense of democracieses. sir, welcome back to "america's newsroom." >> good to be with you, bill. bill: essentially if this goes forward they still collect the data. it's a question whether the government holds or the phone company holds it. is that big of a deal? >> there is more difference than that at least one big phone company already told the government that it is not going to cooperate not going to retain the records. since the phone companies don't have to under this revised bill, there may be no retention of records. it is up to the phone companies. bill, it is important for people to realize that the government has been looking at the outside of the envelope it has the right to look at the outside of the envelope in a first class letter, addressee, person who wrote it, the time it was sent, for over 3/4 of a century, back into the '40s and '50s. and what has happened, after 9/11 is that the government utilized that authority to do the same thing with, let's say emails. they are not reading your emails. they are not looking into the substance. they are only being able to keep track of who sent it who receive it and when this happened and that has been very useful to them in finding patterns of behavior and some of the terrorist groups and that -- bill: senator paul and other was argue that there is no proof of one case being stopped. is that true or not? >> you aren't trying to stop one case. you're trying to find a pattern that you can utilize so that if someone blows himself up, you can look and see who he was sending emails back and forthwith and see if somebody else might have been part of that let's say conspiracy. bill: so you support this program and you want it to stay? >> yes. bill: as is? >> effectively been abolished. the, it is not going to work with the telephone companies being custodians of the data. bill: hmmm. you think the senators are aware of that? if so, how does that affect the outcome? >> i don't know. all they had to do is read the papers. one major telephone company will not cooperate. there is no reason for any of the others to. if they cooperate it might be a week a month, whatever they want. bill: are you suggesting this program is going to die today or now? >> it is effectively dying, yes i think that's right. bill: from an intelligence standpoint, what do you believe the effect of that is then? >> i think the effect is that the people who support destroying this program, and when there is another terrorist attack if they have the guts to sit down and meet with the families of the people who have been killed, they may regret this vote. bill: hmmm. well here is rand paul with us yesterday. he is declaring victory. listen. >> i actually want more collection of records on terrorists. i just want less collection of innocent americans. i think we sometimes get distracted by collecting so many records of innocent americans that we're not spending enough time actually following the potential jihadists in our country. bill: i mean, i don't know what your view on that is, he says go chase the bad guys. don't chase everyday americans. hire one how more fbi agents, that will take care of the problem, not what we're doing down the road and we'll regret this? >> that is not a sensible approach. in order to get any advantage out of patterns of communication between terrorists or people on the edge of terrorist groups and the like, one has to be able to dot metadata, look at the again, just the outside of the envelope par little to a first class letter. and if you can't do that, even though the constitution law on it is clear that it is all right, even though the court decisions are clear that it's all right if you can't do that, you lose a great deal of the ability to follow up when something terrible happens and to see who might have been responsible and to pursue things. the, by talking about this the way they do, a lot of people try to give the impression that the government has been reading your emails. that is not true. bill: what about your phone calls? what about your phone records? >> the phone records, same way. it's a little more complicated because they can't use some aspects of cell phones which have to do with the positioning -- by the way amazon knows a lot more about your interests than the federal government. if you bought a tom clancy novel, they will right away send you something saying hey here is the new david ignatius spy novel. you may want to read that because you like spy novels, right? they're far more into understanding what your tastes are like and how to market to you than the federal government. bill: i have to run. out of time. very important topic. 15 seconds or left what is the effect of the out come? >> i think it will weaken us in trying to deal with terrorism and people who support this will some day rue the day that they did. bill: james wool sir, thank you for your time. out of washington d.c. we'll wait to see what the senate does top of the next hour. thank you, sir. >> thank you. martha: health insurance companies say you need to get ready for your costs and your premiums to go way up, double-digit increases they say are on the way. neil cavuto will join us coming up next. bill: two american soldiers today receive the military's highest honor nearly one one years after heroic actions on the battlefield. martha: big story here today. health insurers are requesting huge premium hikes for their obamacare plans in 2016. among the largest, blue cross-blue shield of north carolina says for individual plans it says, it will go up roughly 26% in the coming year. a lot of people think that will trickle down to other plans as well. high mark insurance in pennsylvania, they will ask for 30% increase. nothing goes up like this in this kind of increase in that period of time in your life or anywhere else in your life. joined by neil cavuto host of the new show, "cavuto: coast to coast" on fox business network. it is on 12 noon eastern. and host of "your world." it is 50 degrees in new york and somehow you find yourself in orlando on assignment today. nice job buddy. >> by the way it is 90 degrees and 140% humidity. i wouldn't be boasting right now. holy cow. martha: i know you like that kind of weather. i want to talk to you first about this health care story. it has to be making an impact. you're at an economic summit. businesses across the country are talking about all the time about how much their premiums are going up and going up and going up. >> yeah. you know it is basic math. you know, you can't expect everything for nothing. i mean the simple rule is, and we were following this as it was being cooked up on capitol hill. i remember i spent so much time in washington at the time, martha that i should have bought a condo down there. when you start guaranteeing coverage for everybody. you cover all preexisting conditions, bring your kids on the policy and they can stay until they're 50 i guess i'm exaggerating but my point is all this stuff costs and very few would argue the merits and the decency of covering those with preexisting conditions but you are demanding insurance companies do that and they're going to charge you for that. we have seen this again and again and again. now are there some potential gougers in the mix? i don't doubt it for a second. are they seizing on an opportunity? i believe absolutely they are but administration and this law provide them the grist to do just that. candidates are talking about at this summit to dial that back provide private incentives, get people to sign up on health care on their own without burdening taxpayers, for that matter, all rate-payers, all premium holders of all health policies across the country. that is what is happening now. martha: there is no way it is not putting a cap on hiring. companies just don't want more and more people that they will have to spend more and more money on to cover their health care. i want you to tell us about the summit. you monopolized pretty much every potential candidate out there. there is the governor of florida who is running this event. we mentioned marco rubio, earlier, neil. we know we had to get back to washington to dot vote there. so his vote is going to be submitted by video. tell us what is going on where you are? >> that's right. the senators are not here by and large. marco rubio was a last minute cancellation because the nsa back and forth and the vote. the fact of the matter rand paul sent his regrets sometime ago as is senator cruz. the three prominent senators in this race are not here. by and largest to governors former governors, those anticipating runs of their own. rick perry of texas comes to mind. he is due to announce thursday. he is going to lay out the broad plans for an economic turn around in this country today. don't hold these guys too much to their specifics, martha. what they are you know, presenting almost to a man is this idea that we've got to lower taxes. we've got to provide more of the entrepreneurial spirit. you heard the buzzwords before that they use. some plan to be a little more specific than you would think in a state like this about social security. chris christie of new jersey was the first out to gate he would means test it, raise the retirement age over some years. that got him solve grief and also got him some headlines. mike huckabee we're told will talk about his own entitlement address that doesn't do as much as draconian as he thinks of chris christie's. they can throw and issue verbal grenades. will people remember a year from now? this is state that is marco rubio or jeb bush's to lose. but the fact of the matter is they're hoping by appearing here, coming here, even if they skip or don't do well in the primary here, floridians will remember them. this is state republicans have lost in the last two presidential elections. last one by just a squeaker. if they think that this is a state that favors them. martha: very important place for them to be no doubt. neil, thank you very much. get inside where it is air-conditioned. >> sure. martha: we will hear from you coming up at noon. thank you, neil. neil's brand new show is "cavuto: coast to coast," live from the economic summit in orlando at noon eastern time on the fox business network. at 4:00 you can switch back and watch him on "your world" where he is every day here on the east coast on the fox news channel. bill: he is always on. my man neil. see you at noon eastern on fox business. in the meantime a new blow in the fight against isis. u.s. military equipment and some of our tactics fall into the hands of the terrorists. the navy seal who killed usama bin laden, rob o'neill is live to react in studio next if you think the drive through is a far think -- martha: if you think driving through safari parks is safe, what a park is saying after a lion reached into a car and kill ad woman. >> they have a piece of paper please keep windows closed. we explain to them why. despite this it seems thed windows were still down. ng red lobster's island escape, three new tropical dishes take me straight to the islands. so i'm diving fork-first into the lobster and shrimp in paradise, with panko-crusted lobster tail and jumbo shrimp in captain morgan barbecue glaze. or the ultimate island seafood feast, with tender crab wood-grilled lobster and two island-inspired flavors of jumbo shrimp. because a summer without tropical flavors might as well be winter. this escape is too good to miss so...don't. ♪ every auto insurance policy has a number. but not every insurance company understands the life behind it. ♪ those who have served our nation have earned the very best service in return. ♪ usaa. we know what it means to serve. get an auto insurance quote and see why 92% of our members plan to stay for life. bill: sports story now. fox news alert. minnesota vikings superstar running back adrian petersen will join his team. first time in nine months today. petersen missed 15 games last year. maybe the best running back in the league. addressing child abuse charges in texas. he is ready to put all that behind him and his teammates have been very the vikings. martha: big concern today in the fight against isis as we learn that terrorists are using our military equipment and our tactics against the united states. the isis army capturing more than 2000 american humvees from retreating iraqi troops in one battle alone. they have also won over a new commander, an officer from tajikistan, who says he received training from u.s. special forces and from blackwater while he was under that jurisdiction. so robert o'neill former navy seal who fired the bull at the time that called usama bin laden. a long-time special forces operator and he is here with us this studio. good to see you. >> thank you for having me. martha: here's the story and it came straight from the president of iraq. he said in mosul we lost 2300 american up-armored humvees and guys in isis are riding around in those with their flags on top. >> they are riding around with them. but more frightening them they're using them as large suicide bombs. vehicle-borne improvised explosives device. because they're armored they can drive them pretty much everywhere. small arms won't effect them. they can get pretty much as close as they want. the bad news they didn't just come with humvees, they got machine guns, weaponry communications everything we left for iraqi army they took 23 hunch these in mosul when they captured it last year and now they're using them. martha: so crazy. the president said a couple weeks ago we'll send 1000 new missiles because we heard these promises of arming the iraqis over and over. >> right. martha: we heard also about arming moderate syrians at one point. we watched the president get up at podium we commit to this group. we'll send them good stuff to they can fight the good fight out there and over and over again the same thing happens. >> even the prime minister of iraq says it was our fault. we didn't rearm them quickly enough to fight for of ramadi. they gave up 2300 hum seasoned $27 billion of equipment we gave them as surplus. we're just arming enemy at this point. the iraqi army the she law led army without the help of iran, which itself is scary does not have the will to fight isis. they're fighting ideology. they want to be martyrs. they want to go to heaven. they embrace that and admit it. iraqi soldiers not only do not have the proper leadership, they're not very well-trained. they're pretty much empty army for a paycheck. once the threat of death comes -- martha: not fighting for a country or a leader. you've known this a long time. that raises the question, what are we doing? we've got 3,000 special forces still there training. do you think they should be brought home if we're not going to commit to this in bigger way? >> we need to commit to this in a bigger way. we need to make sure they're trained and leaders are trained. martha: is that possible, rob? >> hard to say. as quickly as we pulled out probably not. martha: we've ruined foundation we laid you and some others lost blood and treasure on that soil is gone. >> anbar province ramadi, mosul, pretty much all the sunni dominant areas we lost because they will let isis in because they're not there after the sunni per se. it's a pretty big mess. martha: last time we felt like losing iraq we had a surge. >> yes. martha: president bush was 100% behind that surge and plan. >> yes he was. martha: even if we had a surge, now they're talking about delaying the effort to retake mosul, right? if we were to, need the president to be 100% behind it to work, don't you? >> we need the president and need the american people to behind it. the surge of this type would be a little bit different. i think it would be pretty easy for us, marine units to come in off the west coast of syria, we can defeat isis that way. we can defeat them. it wouldn't be like the first invasion of iraq because we have some iraqis there. this is something the brass, the pentagon they need to get their heads together. a lot of great minds over there. they can come up with a great plan. we need the support of the president and american people. martha: we hear of a coalition that doesn't appear to exist correct? >> how many nations say they exist but they're not doing anything. it is difficult spot. martha: i'm out of time. the tajik commander says he will take weapons that he got. he was trained by u.s. special forces but turned over, now with isis. >> yes he is. he has been to the united states three times. that is more of opportunistic type thing. he came here to get training and wants to be back in tajikistan. he was doing contracting work. now that isis is getting a foothold, tajikistan on north part of afghanistan. not necessarily friendly to coalition fighters. a lot of foreign fighters we fought against many times in afghanistan from tajikistan. this is dangerous because now that he came over, might be medium level thing what about the next commander? serious foreign fighters we would call them in afghanistan affiliated with al qaeda. now they're joining isis. now they have the minds to fight. they have been fighting their whole lives. martha: and money and support of that group. >> certainly. martha: rob, thank you. always good to see you. thank you for your service. we'll see you next time. thank you, rob. >> appreciate it. martha: bill? bill: so a drive-thru a wildlife park in south africa taking a frightening turn. a lion kills an american woman and injures another man, driving through a park in johannesburg. they were on the self--drive tour. apparently with their windows down. >> the lady was busy taking pictures of it. the lion then, sort of lunged at the car. and it bit the lady through the window. our staff immediately rushed over to chase the lion away and the gentleman that was driving he sustained some injuries to his arms, trying to get the lion out as well. bill: the woman died from her injuries. the lion is taken to a second property while the park investigates. the man is okay. what a frightening frightening ordeal. martha: we see that people getting out in drive-through safaris taking pictures and getting attack. you simply can not. bill: she was still in the car, with the window down the lion lunged at her. it was over. martha: terrible. all right. so undercover testing exposes gaping failures at the tsa. this is a real eye-opener everybody. the fake explosives that were snuck past airport security checkpoints time and time again. homeland security now says, they promise that they will reform the system. we have heard this before. reaction from house oversight committee chairman jason chaffetz coming up next. martha: president obama giving himself a bit of a high-five martha. he says he has re-established respect for the united states around the world since taking office. >> people don't remember when i came into office the united states in world opinion ranked below china and just barely above russia. you drop 40 grand on a new set of wheels, then... wham! a minivan t-bones you. guess what: your insurance company will only give you 37-thousand to replace it. 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"how can my car depreciate before it's first oil change?" you ask. maybe the better question is why do you have that insurance company? with liberty mutual new car replacement, we'll replace the full value of your car. see car insurance in a whole new light. liberty mutual insurance. martha: two world war i heroes are getting a medal of honor nearly 100 years after rescuing follo soldiers on the battlefields of france. president barack obama will bestow the honor on sergeant william shaman and private henry johnson. in 1918 he dodged gunfire to pull wounded men to safety during three days of battle. johnson helped his harlem hell fighters regiment fight off a surprise attack by german raiders with only a knife. he was able to hold off the enemy and prevent the capture of a wounded soldier. what a wonderful award. bill: 15 before the hour. shocking report exposing big problems at the tsa. undercover agents, posing as passengers smuggling mock explosives past airport security time and time again. they got through 96% of the time. now the head of the tsa melvin carraway has been quote, reassigned. chairman of the homeland or house oversight committee, jason chaffetz is with me now. good morning to you. thanks for coming back here. how do you explain this number? why is this happening? >> you don't. this is an agency by the tens of thousands added personnel but i don't think they are doing what they should be doing. they should be doing behavioral profiling. screening for going through a metal detect it. they should be implementing the dogs. the military trying to fine improvised explosive devices in afghanistan and iraq, found through an organization, the joint improvised explosive device defeat organization, the general came out single best way to find explosive devices a dog. instead what we're doing at the airports is a lot of security theater. what we need are things that can actually find explosives and dogs are the best way to -- bill: these red teams. they're investigators. they work for homeland security. let's hope they're not better than terrorists. this is what jeh johnson said, head of homeland security on friday of last week about airport screening. >> in fiscal year 2014 alone we screened some 16.4 million passengers through preclearance and denied boarding to some 10,000 individuals, including a number who were in the terrorist screening database. bill: right now in light of this report sir, that just looks like numbers that he was spouting off. he says several changes have been made already. is that the case? >> well, i don't see it. we've been barking this literally for years and i don't see it getting better. those metrics are getting worse. and i worry about it. because 99% of the americans will do it the right way the legal lawful way but we're trying to find those people who have nefarious intent and weed them out. when we test it 96%, i mean, my goodness couldn't get any worse than that. bill: you could go to 100, i don't think you want to go there. let's hope it doesn't go there. now there is a two-day hearing you will chair starting later today and continues tomorrow. this has to do what is called a foia request, freedom of information act. the heart of this request goes to the transparency of government with the american people with reporters and journalist who is are pursuing certain stories. what are you finding under this administration when it comes to those foia requests? >> well the censorship we're getting from the obama administration is at record high. in fact under the obama administration the number of denials, the number of backlog if you will, is more than doubled. there were some 550,000 times that the administration used an exemption to say we can't give thaw information. we have people coming today from the "new york times," from "newsweek," from judicial watch from a lot of these good groups, the aclu, in a very bipartisan way broad array of concerned citizens and national media who said, the freedom of information act which is the way the public can access government records it is not working. it is not working for niche. and yet this is president obama who said he was going to be the most transparent administration in the history of administrations and he issued an order from the department of justice on his first day in office. it has gotten worse not better. bill: i'm read about delays that take months. some of these day lays last for years. >> yeah. bill: what is going on there? why would that be? >> i think it is obstruction. i think it is censorship. even the associated press says the censorship under obama administration is at record highs. not a quote but paraphrase of what is going on. sharyl attkisson from cbs news will come in and talk about this. terry anderson former hostage in beirut trying to get information. he will come in and talk. hopefully it will loosen it up. we will have to have reform. there has to be consequences to an administration that holds back information from the public. we has a nation, we're open an transparent. that is who we are as a country. that is not what is happening in this administration and it has got to change. bill: day two tomorrow you will bring heads of government responsible for getting these requests managed. we'll see what they have to say then. house oversight chairman there jason chaffetz, republican from utah. thanks for coming back. we'll see what answers you get today. martha? martha: answering for a deadly crash. safety regulators and amtrak facing questions in a congressional hearing today on what happened in the images that you see here outside of philadelphia. some of the questions being asked we will tell you. bill: heart break martha, in the city of romans. paris is removing symbols of love from an iconic bridge. the parisians may not be happy about this. we'll tell you why they're coming down. ♪ ♪ bill: heartbreaking site in the city of love. removing the iconic padlocks from the city's so-called lovers bridge. thousands visiting paris attach locks to the bridge as symbols of their love. now they're being taken down over fear the sheer weight was putting the 19th structure at risk. what happens to the locks now? city says it will recycle them. martha: recycle them? bill: what happens to the love now? martha: is it better than if the love all went crashing into the water below? that would be a very bad sign. bill: only if we were recording it. martha: exactly. if a tree falls in the woods. fox news alert here as amtrak's ceo is on the hot seat. congressional investigators grilling the ceo on the crash in philadelphia last month that killed eight people and injured 200. the big question, why wasn't a speed control system in place to slow down that train which was on a very notorious curve and there kind of safeguard was in place on other parts of the track? it was going 100 plus miles-an-hour before it derailed. peter doocy live in washington. peter, how far have the investigators come in figuring out what was going on in the crash? >> reporter: we're hoping they will tell us this morning martha. we're hearing from the muzz puzzle pieces they're working with that and drew boss steen that he was with a shift so long because of equipment malfunctions it was grueling that the accident happened. that was particular he was posting online train forums to keep crews well-rested, and to keep them well-rested. boss tee an talked about the. postian said that was common sense and shouldn't require a an act of congress to put in place. here we are at a hearing before congress to see who overlooked pretty significant safety improvements that could have been made. martha: clear it was awareness that it was needed in that area. who well be testifying? >> reporter: union advocates for more people on front of the train. they will make their case. the ceo of amtrak will be there. the so the acting administrator of the national railroad administration. keep in mind while they're explaining the crash and what could have been done and what will be done there are at least four people in the hospital being treated for injuries when 188 went off the rails. martha. awful loss of life. peter thank you very much. bill: we're minutes away from two senate committees about to hold hearings on the max -- massive irs data breach affecting hundreds of thousand of americans. more details happening there. more importantly what is being done about it. we'll take you there live. martha: ex-cia director david petraeus speaking out in a rare interview about iraq and isis. what the chief architect of the surge says iraqis need to do to win this pat he will. -- battle. feel secure in your dentures... feel free to be yourself all day. just switch from denture paste to sea-bond denture adhesive seals. holds stronger than the leading paste all day... without the ooze. feel secure. be yourself. with stronger, clean sea-bond. >> the united states is the most respected country on earth and you can thank him. brand new hour of america's newsroom. >> the president is giving himself a pat on the back braise braising himself and with boasting. >> when i came into the office the united states was ranked below china and barely above russia and today once again the united states is the most respected country again on earth and part of that is because, i think of the work we did to reengage the world and say we want to work with you. >> john bolton is a former ambassador. we didn't ask what poll he was referring to that says we are number one but they are checking and will get back to us. what do you make of that statement, ambassador? >> there is something wrong in every sentence you uttered. we could start at the end or beginning. i think the poll is in his mind of what obama thinks of himself on any given day. there are two different levels here. one is opinion of world leaders and the other is a public opinion poll. i think the public opinion polls are worthless. if you are taking a poll of citizens and countries without freedom of the press and anti-american statements are rampant you will get anti american sentiments. but the real issue is what leaders think, friends and foe and by that measure there is no doubt the opinion of the united states around the world is plummeting to new depths. >> he went on to say we have gained mutual respect around the world and that was the bases of ending two wars and focusing on the very real threat of terrorism and trying to work with partners in iraq and afghanistan and we have seen how that appears. let's play charles' clip here: >> you wonder what world and planet he is living on. it isn't just as you said our enemies who have no respect for us the chinese, russians, iranians you can go all the way down. it is our allies. the king of barain was supposed to come and stiffed to the president and the foreign ministry issued a statement saying that on that day, where was the king? at a horse show in england. if that is a sign of respect we have problems. >> i heard rudy gill talking about this. >> i think when the united states defends interests around the world, you will get public criticism by friendly leaders and i think that was true at the end of the bush administration. but when the united states does what we have done these past six years and turn inward and doesn't protect interest or allies what you get is people crumbling the opposite. they always complain about the united states when why being assert assertive. i think the real measure is whether order and stability what minimal order and stability there is that we provide has been diminishing because that is what people look for and we are sliding into the chaos in the middle east russia china, eastern europe and the south china sea do what they want and everybody around the world can see it. that is why i think the next 19 months are so dangerous. >> scary thought. we will see you soon ambassador bolton. the senate is back in session working on a bill that might restore parts of the patriot act given the nsa limited surveyillance powers. the usa freedom act is the measure that passed in the house and it is scheduled in the senate this morning. and in the house the foreign affairs committee is holding a hearing on the four americans being retained in iran. a pastor accused of undermining national security, a former marine accused of spying, a cia contractor taken in 2007 and the journalist from the washington post. we are expecting to hear emotional testimony from the family. and the head of the irs is in the hot seat in not one but two hearings on why and how hackers were able to steal the tax information of a hundred thousand people. jerry is live from fox business and with me now. they had more than a hundred thousand? >> 104,000 taxpayers caught up in this getting their personal information stolen from the website of the irs. if people were seeing their previous filings criminals were able to get inside and steal their information. this is the worst than the average garden variety hike because in this case they were looking at your filings with the irs they have the names of your children and children's social security. >> this could dog people for years? >> the irs is giving you credit crediting monitor but that will not catch the fraud. people will file for unemployment and medicare and other benefits under their name. >> what is the senator from utah going to do? >> he said taxpayers deserve to know what happened and this hearing is the first step of many and pledged to follow this until they find out what happened here. >> russell george we have heard from him many times, what is he saying? >> he is testifying today. he is highly critical of the irs and looked into criminal activity in the wake of lois lerner loosing her e-mails and has been on record dodging the irs and the chairman of the irs is testifying as well. >> and this is all about trust. you heard about the irs using software through microsoft that is 13 years old. >> microsoft no longer supports it so no security patches or updates and they told the agency this a year ago. this is putting us at risk because it isn't updated for security. >> you found it could be vulnerable? >> this is another problem and a chink in the agency. >> we will watch that hearing and see what they say. 104,000 americans. the 2016 campaign is heating up and candidates are flooding into florida along with candidates including former arkansas governor mike huckabee. he is talking at walt disney world. six current and former governors are there as well. the arctitech in the iraq surge is giving an interview on what needs to be done. >> you cannot deal with a the problem with a force of arms. you have to have the political component. >> watt does that look like? >> we will talk to jack keane in a moment about that. and the storm may be over for now but folks in texas are still dealing with and will be dealing with the aftermath of the record rain fall. >> and the tsa underfire missing 96 percent of the fake weapons people try to sneak into the airports. this was an inside job on behalf of the homeland and they failed miserablely. >> we screen for guns and bombs and they use box cutters. they put a knife in their shoe and we take away the shoes. we put in full body scanners and they will do something else. this is a stupid game. laugh loud, live loud, super poligrip. ♪ ♪ when you're living with diabetes steady is exciting. only glucerna has carbsteady clinically proven to help minimize blood sugar spikes. so you stay steady ahead. ♪ ♪ every backyard comes together around a grill and kingsford charcoal. gather 'round. we all enter this world with a shout and we see no reason to stop. so cvs health is creating industry-leading programs and tools that help people stay on medicines as their doctors prescribed. it could help save tens of thousands of lives every year. and that would be something worth shouting about. cvs health, because health is everything. the real question that needs to be asked is "what is it that we can do that is impactful?" what the cloud enables is computing to empower cancer researchers. it used to take two weeks to sequence and analyze a genome; with the microsoft cloud we can analyze 100 per day. whatever i can do to help compute a cure for cancer, that's what i'd like to do. what do you think of when you think of the united states postal service? exactly. that's what pushes us to deliver smarter simpler faster sleeker earlier fresher harder farther quicker and yeah even on sundays. what's next? we'll show you. >> texas still reeling from the storms that hit. you can see in wimberley with the damage here and rising rivers in houston are creeping up on more. the red cross is saying it is the worst flooding they have seen in that part. >> the flooding is spreading across the state. when you look at a map of texas it is stunning how many places were impacted. dallas for example, has gone six weeks with hail, tornados -- >> pretty remarkable stuff. in the northeast in new jersey they said in newark fish were swimming in the street after a river overloaded. and authorities are warning people not to eat the fish. parts of new jersey being hit by flash flooding with more rain in the forecast and maybe a little tomorrow. >> fishing in the streets of newark. good advice not to eat it. >> we need the rain in the northeast. but texas is a different story. a shocking report on serious airport failures causing the active tsa chief to be moved to another position we don't know where yet, but this is after the department of homeland security discovered undercover investigators carried fake bombs and breezed through the country's biggest airports. the screeners did not detect 96% of the fake bombs these folks were able to sneak through. there is an f. indiana senator is on the in tell committee joining me now. good too you with us. >> what are we doing here? spending billions and you can walk through with a bomb? >> everybody buying airline tickets are spending more for the tsa to keep us safe and prevent terror attacks. this is shocking. if there is a silver lining it is this is show shocking it will require immediate action. this has to be a top to bottom effort of looking at the trainers how we hire and train them how they perform their jobs and looking at the equipment that is supposed to detect this. bring in the ceo of the equipment and say what is happening here. we know the threat is terrorist would like to take the plane down. >> the message is loud and clear they can get through. we didn't have a tsa. we had private security and you could walk through and a lot of people look at this and say i don't know if we are safer for all of the billions we have spent on this. i interview john pistol the former head of the tsa in september because we were alerting people to the fact there were issues back then and this is what he said about the attack efforts starting from oversea overseas. >> every plot since 9/11 came from overseas so there is no terrorist trying to get on the plane in the united states and that is because they see the united states as being one of the most secure aviation systems in the world. >> he is saying all of this security is a deterant scaring people away. and he is saying the attacks as efforts came from the underwear bomber and richard reed who were flying outside of the country. but those people were taken down by alert citizens on the plane in both cases. no protection other than that. >> we want people to be alert because that can be a help. we absolutely have to work with foreign allies in airports around the world to try to detect this from happening overseas. you have to do more here in order to ensure passengers we are taking every step to keep them safe. when we are debating the necessary tool that helped with threats some in the senate want to eliminate this and we will debate and vote on this today and tomorrow. so here we are once again looking at major security threats and we need to be vigilant and support the measures. >> this security expert feels we are going about this the wrong way. >> i think the tsa is a waste of money. we spend billions a year on one particular threat. both richard reed and the underwear bomber it was alert passengers that saw something going on and stopped it. >> so in 14 years the tsa has never stopped a plot. so is it time to rethink and start from square one this isn't working, clearly, senator? >> i think we need to keep this because we know it is deterring people. we don't know how many who thought they would take down a plane through a measure carrying something on a plane we don't know how many said that is too hard to do and i will not take the risk. we have to stay one step ahead of the terrorist but behind. we don't want to wait for something to be successful before we say we should have detected this. whether it is passengers staying vigilant tightening the csa whether it is all hands on deck we have to realize terrorism is a threat to american safety. everybody has to be involved in this. that is why the debate on another tool helping us define threats needs to be not exaggerated and misrepresented or overrepresented. so as a public we need to basically all be aware we are living if a different world and we need to come together to prevent the attacks. >> we know you are active on that issue and thank you for being here. we may need to rethink this tsa thing from the bottom up and i hope somebody takes that on. >> i could not agree with you more. this is all hands on deck. we will review the whole program. >> good to have you. >> a hollywood celebrity draws fire for supporting the second amendment. why vince von supports guns in schools and that is not all. >> and seeking approval for the keystone pipeline and lining the clinton's pockets while doing it. >> we followed the money and looked at the major foreign donors and said do thes people have business before the state department and how does it end up for them. i think there are coincidences but these patterns are showing trades. e ready to start with production. ok, are you doing test markets like last time? uh, no we're going to roll out globally. ok. we'll start working on some financing options right away. thanks, joe. oh, yeah. it's a game-changer for the rock-climbing industry. this is one strong rope! huh joe? oh, yeah it's incredible! how you doing team? jeff you good? 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[ male announcer ] how do you make cancer a thing of the past? well...you use the past. huntsman cancer institute has combined 300 years of family histories with health records to discover inherited genes for melanoma, breast colon and ovarian cancers. so we can predict and treat cancer. and sometimes even prevent it from happening in the first place. to learn more or support the cause go to huntsmancancer.org. thanks for calling angie's list. how may i help you? i heard i could call angie's list if i needed work done around my house at a fair price. you heard right, just tell us what you need done and we'll find a top rated provider to take care of it. so i could get a faulty light switch fixed? yup! or have a guy refinish my floors? absolutely! or send someone out to groom my pookie? pookie's what you call your? my dog. yes, we can do that. real help from real people. come see what the new angie's list can do for you. >> move over kim kardashian. caitlyn jenner making her debut on the cover of vanity fair. he won a gold medal in the 1976 summer olympics. he was the guy and on the box of wheaties. he was everywhere. the kardashian clan showing love and she smashed records for her new account. she tweeted another jenner world record and at 65 who would have thought. humbled and honored it reach one million fans in one hour. thank you for your support. it was held by president obama before that. he tweeted back it takes courage to share your story. and one thing you hear about from everyone who likes and knows jenner is he is a likable person and a good girl. >> and another jenner record. >> they are amazing at getting themselves on the cover of magazines. interesting story on everybody's mind. a lot of people talking about it. >> cash for the keystone pipeline. a new investigate revealing canadian banks with an interest in the pipeline helped put millions in the pockets of the clintons as she served as secretary of state. the author of following the cash is with me now live from tallahassee. welcome back. let me set the stage a little. hilary clinton is secretary of state. bill clinton is out giving speeches. to whom is he giving speeches and what was their position on the keystone pipeline? >> when hilary clinton becomes secretary of state already on her desk, is thumbs up or down to the keystone pipeline. and bill is asked for the first time ever to give ten speeches for a bank called tbt investment bank ten speeches for about $10 million. they paid him for the last speech and three months later hilary clinton greenlights the keystone pipeline and the investment group, one of the largest shareholders with $1.6 in equity and $933 million in loans tied up so it raises questions about the green greenlighting. >> the environmentalist couldn't see why she would not express an opinion. in 2010 she said we are going to depend on dirty oil from the gulf or from canada. have you found a quid pro quo? is there a connection and link here? >> i think there is a link. e-mail that says we will give you this money and you will do this in exchange no there is not that. but hilary clinton is not taking an issue on the history of the keystone pipeline. part of this is commercial because she is paid $1.6 to give speeches for the invesstment group and the commercial bank of canada who is tied up with this as well. so if she makes the statement it will hurt her and the banks may not feel the need to put money in her pocket. >> in 2013 the clinton foundation spent about $85 million, covering airplanes hotels and employee labor cost, and i believe the foundation had 402 employees in 2013 which comes out to roughly $210,000 per employee working for the foundation. you looked into this and what did you find regarding the expenses? >> it is troubling. there is not a lot of transparency. they have a large travel budget amount amounting to $50 million with a lot of that being bill clinton. there are stories of people going to the clinton foundation events that got a seat for themselves and the foundation paid for a seat for their dog. "the new york times" reported on that. this is the problem. it is an organization committed to fighting poverty but they are living high on the hog; these employees and expenses are high. >> you can't leave the dog at home. peter thank you for your time. we will continue to look into these expenses. thank you for coming back today. >> thanks, bill. >> back on capital hill we are moments away on an amended house bill that will restore surveillance powers. and former cia director speaking out against isis and how we go about beating them and whether or not he thinks the iraqi forces are up to the task to manage the job or not. >> we know they can fight. we know they will fight. but they will only fight if they have good leadership and indeed support and knowledge that somebody has their back when they get into a tough battle. y insurance company understands the life behind it. ♪ those who have served our nation have earned the very best service in return. ♪ usaa. we know what it means to serve. get an auto insurance quote and see why 92% of our members plan to stay for life. the sentate is trying to advance the usa freedom act aimed at restoring parts of the expired patriot act. mitch mcconnell, calling an early vote senator rand paul is a fierce opponent of nsa survilance and unable to stall longer. mike emanual is live on capital hill. any drama expected in there? >> the sounds like a number of senators want to take the next step changing the way the phone data is collected switching over to the telecom companies retaining the data and restore two revisions from the patriot act. a first vote on sunday evening was 77-17 so we had plenty of drama over the past ten days the gathering of intelligence in this country and we don't anticipate drama with this vote. >> what about these amendments that senator mcconnell favors? >> that is right. the majority leader and richard burr the senate intelligence chairman favor three amendments saying if we shift it from having the government collect the information to having the telecom companies retain it it should be tested and given enough time to make sure it works before it is implemented. there is one. and another having the director of national intelligence certify the system works. and three making sure if the telecom company changes their method they notify the government. send the bill to the president to sign it they are saying. there are concerns if the amendments pass it goes back to the house and there could be friction there. so the white house and house are saying pass the house bill let's move on. >> mike, thanks a lot. we will be watching. in iraq we have the right strategy right now. a combination of coalition airstrikes training, equipping, assisting, and effective local partners. that is the winning strategy. >> that is the deputy of national security advisor on beating isis. jack keane is here and general welcome back to you and good morning to you. that is what he said. good morning. he said they have the right strategy. do do they? >> given the events in ramadi and the other setbacks it makes you question if this is working. it needs to be reviewed and we need more resources to help our iraqi partners to be sure and we have no strategy to defeat isis in syria which is the president's stated goal. >> and the general is saying the only way you beat the group is with a two-prong approach. this is part of what he said in that interview. >> you cannot deal with an industrial strength extremist problem just with the force of arm. you have to have the political component. as important as the force of arms and recognizing they must be killed or captured but to enable that requires political initiatives. >> my guess is you don't disagree with that. but he was talking that way a year ago. >> that is the strategy in play in 2007-2008. a political and military strategy to defeat al-qaeda and the shiite militia. he is advocating for people more on the ground special trainers, and all of the things we have been talking about. and he is talking about to help it be successful and the administration helped the engineer and new government in iraq and they deserve credit they have not done enough to move it into the right direction so the sunnis are included and the tribes receive the kind of warning they need. and they are being undermined by political opponents. we need to be involved more politically to help the government. >> and also because it was said the iraqis have the will to fight and i don't know if you agree with that and he believes that ramadi will fall and isis will lose there as well perhaps in a week or a bit longer. do you share that same view? >> eventually ramadi will be retaken with enough shiite militia to do that. can we hold on to it? that will take sunni tribes to do that. that is the big question mark. in terms of the iraqi army they distinguished themselves in defeating the al-qaeda and shiite based groups. but maliki purged the leaders and they stopped training for three years. when isis shows up as we all saw, in mosul and such, this army fled. that is a mere shadow of watt the army was that the general was close to that i saw first hand myself. can we put it back together? we can because we need good leaders and training. we don't have enough of either. >> come back to the message from the administration. ash carter said the strategy makes sense and the execution of the strategy is challenging but the key is we can defeat isis but we cannot keep them defeated only the people who live in the region can do that. that along with what josh earnest said we are not fighting the war for the iraqis anymore. it is up to them. that might be the case. perhaps there is a shift there. they are making it more clear at the moment on behalf of the commander and chief but is that a winning strategy in your view? >> well i don't like the statements. there is a lot of way to talk about how you support your allies. and i don't think this is the way to deal with it. >> what would you do? >> well first of all we all know the stability in the middle east depends on the countries being involved in the middle east but they need assistance from the united states. i think the administration after the debacle at ramadi has been dis distancing themselves from iraq and the iraq government. we should do the opposite in terms of helping and assisting them and making sure we do have resolve and are committed. we are going to be there and see this thing through till the end. we have seen this pattern played out before with the administration as we distance ourselves from things that become challenging. >> general thank you for your perspective. there is a lot more and that was fascinating. we will talk again. jack keane in washington, thank you. vince von is hitting politics with both barrels strongly defending gun rights in a very big new interview that is getting hollywood fired up. our political panel weighs in. >> we are waiting for the cattle call of the 2016 election. former texas governor rick perry along the potential candidates speaking at a high profile event in florida. what will he reveal? we will tell you next. when broker chris hill stays at laquinta and fires up free wi-fi, with a network that's now up to 5 times faster than before you know what he can do? let's see if he's ready. he can swim with the sharks! book your next stay at lq.com! >> a shooting involved with the fbi and boston police part of a joint terror'ism. they approached man to ask questions and he pulled out a knife described as a military style. she he was shot and taken to the hospital and died. the man is in his mid-20s. when we get more information we will pass it along to you. comedian and actor vince von is becoming a cult hero after defending the second amendment saying he supports americans having guns in public including schools and we have the right to resist the power of corrupt and abusive government. it is not about duck hunting. it is about the individual. it is well known the greatest defense against an intruder is the sound of a gun hammer being pulled back he said. joined by david web here radio talk show host and leslie marshall a fox news contribute as well. welcome to both of you. >> good morning martha. >> this is getting a lot of attention because i think you don't hear this talk much from folks in hollywood. david, what do you think? >> it is not new hearing vince von saying this. he has been upfront about believes but it is nice to have someone going out there in britain and stand up for the second amendment argument and the constitutional argument and the safety argument. and he talks about the middle of the night is silent and there is an intruder in your house and they hear the hammer the gun being calulked, they are scared. and gun violence has been going down. it is largely because we have a well trained law-abiding population for the most part that respects our second amendment rights and acts appropriately. >> but talking like this leslie in the circles he goes in in hollywood is not poplar. you are supposed to accept that being against guns and being against private ownership of guns and guns in schools to protect people is not a line that will go over well at a cocktail party in hollywood. >> we have had the people who are pro-gun in hollywood like charleston heston. here in los angeles not far from hollywood most people are liberal democrats and in favor of gun control, they are not in favor of taking away people's rights or the second amendment or their guns. but there is a huge difference between somebody being a gun owner and somebody carrying a gun in public. i have the right to not own a gun, and i have a right to feel safer knowing in southern california i can go to disney land without my kids being exposed to that. and that is the choice i have as well. i have to tell you it is wild. i am seeing a lot of hero stuff from the nra on the right with vince von today opposite when liem neison spoke out. >> he said take mass shootings. they only happen in places where they don't allow guns. in all of these schools guns are not allowed so they go out and shoot the f-ing schools because they know guns are not there. that is not a point that goes over well. >> it is time to stop getting into wrong and false arguments with those who want to restrict your rights. a criminal will go after the soft target or the softer target and look where they can be most effective where it is a mass shooting or a robber. we are talking about the mass shootings in this case. a gun doesn't determine an outcome. but a good guy with a gun or a law enforcement officer or someone with a gun changes the dynamic with a shooter. and leslie is saying you are safe in california but you don't feel less safe because someone has a gun in open carry or concealed carry permit. you don't feel safe or unsafe either way. that is subjective. the reality is different. >> quick comment, lesley. >> columbine did have armed guards. so not everyone is not armed. and how can the united states have a higher murder rate than canada uk france, germany and i could list others. >> good talking to you. "happening now" is next. >> the supreme court could blow this month and we will play out the scenario for that. and talk to an animal expert about a deadly attack in africa by a lion and there is new research on dramatic brain injury that could help our soldiers. tracking the ocean's deep sea predators. you can spot a shark on your smart phone. >> that might be helpful to me. >> could it? will it? here at the td ameritrade trader group, they work all the time. sup jj? working hard? working 24/7 on mobile trader, rated #1 trading app in the app store. it lets you trade stocks options, futures... even advanced orders. and it offers more charts than a lot of the other competitors do in desktop. you work so late. i guess you don't see your family very much? i see them all the time. did you finish your derivative pricing model, honey? for all the confidence you need. td ameritrade. you got this. >>wy take you live to the floor of the senate where they are closer to the vote of the usa freedom act and once they get that vote they are hoping to vote on the amendments that will strengthen the bill in his views. but some members think passing the amendments would be equivalent to a poisoned pill. >> the wave of the future is here for folks. gps technology makes it easier to track the movements of a shark on your smart phone. we are taking about the great white sharks here. we are live with the story in northern california. >> good morning, this is pacific grove and this stretch of the california coast is home to several hundred white sharks that have been tagged with gps trackers and are creating buzz online because of the shark apps ran by scientist available to anyone. like any ocean lover mimi is enthrall enthralled my sharks. >> we cannot them but we are fascinating with them. >> reporter: she can get to know real sharks through shark net. an effort by stanford to engage the public. >> our goal is to build a wire dashboard to send the message sharks are part of the eco system and a healthy eco system has large sharks and by knowing what they are doing we hope to encourage education about the sharks. >> big mature female shark. >> reporter: this is a six foot great white tagged in 2011 and tracked from florida to new york. they are not a warning system for ocean swimmers but a way to share data about shark behavior. >> these animals spend months at a time out in the open ocean environment and we have no way to track them. so this is a good way to learn more. >> reporter: scientist encourage people to understand and ultimately protect the marine environment. >> i feel better. thank you for reporting that. a stunning report on the tsa and huge security breaches. if you can't put a feeling into words, why try? at 62,000 brush movements per minute philips sonicare leaves your mouth with a level of clean like you've never felt before. innovation and you. philips sonicare. today. lookout for those sharks, have a great day. >> we begin on tuesday with a shake-up at the t s a after a scathing report on security america's airports. >> airport screeners to failed nearly all the security tests. those agents were able to sneak guns and fake bombs through checkpoints. almost every time they tried to do it. ed homan security secretary asking to reassign
ArkansasUnited-statesPacific-groveCaliforniaNew-lightNorth-carolinaChinaMinnesotaSan-diegoSyriaRussiaWashington to terrorism. molly? >> reporter: hi, john that is right. they had this man under surveillance. the shooting happen 7 o'clock in the morning in a suburb an boston neighborhood. this is a quiet residential area of the city. we are getting word that both the fbi and the boston police department were involved in this investigation. they approached the man intending to ask the questions and he pulled a black military style knife and lunged at investigators. >> officers asked him several times to put that knife down and gave him several commands and the officers tried their best retreating, again several more put down and at that point he came in the proximity that the officer used deadly force. >> reporter: both the fbi agent and boston police officer opened fire on that individual. he was shot and transferred to brigham hospital and it is a trauma center. he did pass away despite his treatment. we are waiting on what the jtf was interested in this man for. >> much more to learn about that case. molly. thank you. >> we are covering all of the news "happening now". terror as a woman in a safari park gets pulled from her car and mauled to death. the lion lunged through and bit her through the open wendo. and what the battlefield can do to the brain. doctors say combat cause in our service members. and i balled up my fist. the tough grappedy takes down the would- be attacker and the guy got more than he bargained for and now in critical condition. it is all "happening now". >> and a lot of the great stories to get to today. we begin with the irs chief once again in the hot seat on capitol hill. he will talk about the tax breach that left taxpayers vulnerable. >> i am jenna lee. >> and i am jon scott. it is a busy day in the senate. the bill chlorred a major hurdle. meanwhile they are holding hearings on the hack attack. a data breach resulted in hackers getting access to the private information of more than 100,000 americans. and law makers blasting the agency for failing to act on years of warnings. >> to protect the taxpayer from cyber crime, the irs needs a 21st ip system. the eran of punch cards and paper forms, ended long ago. >> shannon bream has more on what happen. shannon? >> reporter: well jon, irs commissioner said the agencies doing everything to track down the source of the breach to protect taxpayers and make sure it doesn't happen again. he did not sugar coat the reality of what the irs is facing. amid sophisticated organized crime that works from around the globe koskan said it is not possible to stay ahead of the threat. >> our goal is to make sure we are even with them and protect taxpayer data from these ongoing attacks. >> reporter: also in the hearing in the senate this morning inspector general russell george who said since 2011 the top concern is trying to keep taxpayer information secure. his office made dozens of recommendation and finds they are not implemented fully or not at all. tim scott said the constitents are fed up with the irs and the inability to get phone calls answered and more than hundred thousand taxpayers facing theft of their most personal information. >> it is consistent as i talk to my constit epts that their concerns grow and the breach will only add more fire to people who are absolutely petrifid by the irs. >> reporter: he said the latest breach is not related to lack of funding but the over all agencies suffering because of the out dated infrastructure that could cost billions to update. >> shannon, thank you. >> and the bill would save most of the patriot act clearing the hurdle in the senate. the freedom act will restore nsa, collecting powers. senate majority leader mitch mcconnell is aiming to make changes to appease the septemberors on the fence about it. >> now is the time to put it in the past and work together to diligently make discreet and sensible improvements to the house bill. before scrapping a system that it helped us in the attack. we should work toward securing a modest degree of assurance that the new system can in fact actually work. >> the next step came with warnings from the house side i should say. and law makers saying any changes to the freedom act could shatter a fragile coalition and risk the change bill passing in the house. and the story is not over and one we are watching this week. >> america's election headquarters. some republican presidential hopefuls gathering in florida to address the summit by rick scott there. jeb bush who has not officially announced he is running yet is the headliner and features scott walker and katy perry and a recorded message from florida's senator marco rubio who could not be there. you can go where the florida economic summit is streaming live. the latest republican visiting the race meeting with voters in a diner. south carolina senator lindsay graham making national security the cornerstone of his campaign and expected to speak on that in his two- day trip. >> the supreme court expected to rule on the legality of subsidies of the states. what about the political fallout. and a lion kills an american tourist in a popular safari park in south africa. a wild life expert tells us what may have provoked the attack. >> and democrats in 2016. how important is the issue to you? our live chat is up and running and go to fox news.com/"happening now" to join the conversation. escape, three new tropical dishes take me straight to the islands. so i'm diving fork-first into the lobster and shrimp in paradise, with panko-crusted lobster tail and jumbo shrimp in captain morgan barbecue glaze. or the ultimate island seafood feast, with tender crab wood-grilled lobster and two island-inspired flavors of jumbo shrimp. because a summer without tropical flavors might as well be winter. this escape is too good to miss so...don't. the world is filled with air. but for people with copd sometimes breathing air can be difficult. if you have copd, ask your doctor about once-daily anoro ellipta. it helps people with copd breathe better for a full 24hours. anoro ellipta is the first fda-approved product containing two long-acting bronchodilators in one inhaler. anoro is not for asthma. anoro contains a type of medicine that increases risk of death in people with asthma. it is not known if this risk is increased in copd. anoro won't replace rescue inhalers for sudden copd symptoms and should not be used more than once a day. tell your doctor if you have a heart condition, or high blood pressure. tell your doctor if you have glaucoma, prostate or bladder problems, or problems passing urine as anoro may make these problems worse. call your doctor right away if you have worsened breathing chest pain, swelling of your mouth or tongue, problems urinating or eye problems including vision changes or eye pain while taking anoro. nothing can reverse copd. the world is filled with air and anoro is helping people with copd breath air better. get your first prescription free at anoro.com. [ male announcer ] legalzoom has helped start over 1 million businesses. if you have a business idea, we have a personalized legal solution that's right for you. with easy step-by-step guidance, we're here to help you turn your dream into a reality. start your business today with legalzoom. >> new details in the story in the first hour of "happening now". our sister network sky news reported that four teenagers were seriously injured in a roller coaster incident in a british amusement park and dozens others may have been hurt. the ride reopened right before the crash. the cause of the crash is under investigation. >> we are expecting the supreme court to announce its decision on obama care. expected to rule on the health law that restricts subsidies to states that run their own exchanges. more than 30 states did not set up such an exchange and so millions of americans the healthcare.gov site for the subsidies. what happens to them. it is kind of interesting nina the republicans didn't vote for the law or pass it and now incumbent on them to come with a fix if the supreme court throws it out? >> yeah that is right, jon. both supporters and opponents of the bill refer to a death spiral if the supreme court rules against the subsidies, because the system is built on taxpayer subsidies so people can buy the required insurance. about 34 states don't. and because they were set up and because they rely on the federal government, they could be at risk of losing those subsidies when the supreme court rules and that means republicans in 27 of those states will have to figure out a patch and they are not particularly motivated and a lot of them don't want to rescue obama care. and that could leave millions of people at loose ends. it is a potential risk for republicans too, i might add. if you throw all of those people off of health insurance, that is a political danger for republicans and potentially dangerous for obama care. >> the supreme court could not throw it out because of the chaos in the health care system. >> nina is right. the republicans are not prepared as of today to show the supreme court that they came up with a resolution. they are divided on whether or not it could be repealed and experts say it could not be repealed in full. and who the subsidies should be in place temporarily and whether or not to come up with an answer now to nudge the court and assure the court that there would be a replacement plan or to stay silent and wait for a court ruling. a lot of people are concerned that if the republicans don't come up with awe plan they may rule in favor what they can't stand. and the court doesn't want chaos. and up the premiums and sink the program and dump it on the congress. this is a real political conundrum. it is not right for the congress to do work on behalf of the dourt. it is co-equal branch of government. >> and sticking with you, ab for the moment there are so many republican senators running for reelection in the upcoming cycle and they want to make sure the voters in their states are protected and happy, right? >> you get close tore repealing the obama care if you don't replace the subsidies and this is what conservatives wanted for a long time. they promised to repeal the law and now republicans want to do this. and it is looking very difficult. and you have 24 senators up for reelection and they don't want to tell constituents that we didn't like the law anyway. and people with health insurance and find that the prices are sky rocketing and they can't get it back without the subsidies. it is a political pickle for those running for reelection and even those on this law all of those years. >> and a secret conference with representatives in the states that are in danger of losing the subsidies. did anybody come up with concrete solution. >> it is a secret and that suggest panic and they don't want to tell people they don't have a great solution. and so the solutions they are looking at are ways to noodle around the law and end up partnering with the federal government rather than setting up the exchanges which is a long and cumbersome promise. and that could be subject to legal charges and states that have state run exchanges are not at risk under the ruling and partnering with other states to it create regional exchanges. and they are looking at hard progress on this. hard solutions. but none of them are going to be easy solutions. and there is again, the possibility of legal challenges to anything that they're looking at. >> it is going to be something to watch. we are still waiting for the supreme court decision and we'll find out exactly what the states will do as a result. nina and ab thank you both. >> terrifying lion attack. a big cat kills a young american woman in a safarichlt we'll speak to a wild life expert about what could have provoked the attack. and turning streets in rivers and complete with fish. get the complete balanced nutrition of ensure. with nine grams of protein... and 26 vitamins and minerals. and now with... ...twice as much vitamin d ...which up to 90% of people don't get enough of. the sunshine vitamin! ensure. take life in. after deadly flooding in the texas. the northeast is getting slammed. fish were spotted floating in the streets. they are trying to return them home. none guy had a rack and we release them and they come right back. >> more rain is expected in jersey as people in texas assess the damage there. homeowners in wimberly coming home to scones like this. an suv washed into a tree and mandatory evacuation orders are lifted in some areas and authorities are warning people. >> and a 22-year-old american woman was killed after a lion mauled her through an open window. this leaves a lot of questions. and we have a expert here. dave i know you lived in this park before. we bring our own thoughts when we see the head line. when you first heard the story, what went through your mind? >> i wonder what mistake was made. typically you are supposed to drive your car in and out and you look into it and realize windows were open and things like that you realize the opportunity for danger. >> you say this is not typical behavior by a lion but predictable. what do you mean. >> they are opportourist. they so opportunity and they take it and in this is a type of park and we drive with the windows open in this situation. and there was an opportunity to decide whether to go in the car or not and that lion decided to take the opportunity. once the lions jump in the window and that panic could scare a lion and when a lion is scared, they react aggressively. and that would be my opinion of what happened in there. >> what do you think of the news that the park is open and people are driving through the park. >> listen and be alert. you have to realize just because people tell people keep their windows closed. they will roll the windows down because they want a better photo. they will look at a lion 20 foot away and say it is not dangerous. but 20 feet for a lion is three- quarters of a second to close the gap. you shouldn't allow people who don't know lions to decide if they would like to or not follow the rule. >> that is 20 seconds. we are learning where the lion was coming from and whether or not the woman was leaning out of the window. and for a normal person who doesn't have experience with the large cats like you do you can see letting your guard down and so fascinated with the animals, that you want to grab a picture or be closer. you are someone who has been close to the animals. and for the general public what is the safest way to view and appreciate them? >> i think in this case you have a couple of things working against you. the idea is to have a barrier between yourself and a large predator like. this if not, make sure you are with an expert to tell you if you are acting safe or not. southafrica is a great place to go on safari. but you be with an expert at all times telling you what to do because they know better. in this case you are self- led around there is an opportunity for mistakes. >> and going back to the beginning some look at the story and say it was a crazy blood- thirsty lion and you say that is not necessarily for the case. the lion is not looking for a human. >> they don't see humans as threats and prey source. they are fed and never attacked by people. that lion was probably curious and getting in trouble because he was board and that led in to a life threatening situation, but not typical of what a lion would normally act like. >> we have a picture of a lion licking your head dave and that is not typical. >> not typical. but i have 20 some-odd years experience working around the animals and i have a better ability to predict when they are aggressive and when my head would be a meal or lollipop version. >> we see the lollipop version is the better version and we hope to talk to you about that a happier topic, dave. it is great to have you on the story. and it was a headline that has us stunned. thank you for talking with us today. >> don't use the ground beef conditioner. he was so relaxed in the photo. >> we have had to ask him. >> are there spy planes flying over your neighborhood? it is the fbi running the surveillance air force right here at home. and what the fbi has to say about this program. and hundreds of people missing and feared dead after a chinese river cruise turns to tragedy. did someone say burn? try alka-seltzer heartburn reliefchews. they work fast and don't taste chalky. mmm...amazing. thank you. alka-seltzer heartburn reliefchews. enjoy the relief. >> we are getting new information about the government spy association here at home. each carrying video and sometimes cell phone surveillance technology and often put to use without a judge's order. catherine harris joins us live from washington. >> reporter: hi, jenna, the investigation found that the fbi is flying surveillance flights in many cases without a court's approval and using technology for video and cell phone data. they found over hundred flights over 11 cities including seattle houston, and phoenix and boston and minneapolis and southern california. they asked them to not disclose the names of the shell companies. this plane has unusual antennas and a camera photographed in northern virginia. a document indicated 115 flights. the fbi field office in baltimore confirmed earlier this year in the freddie gray protest they flew surveillance flights to assist the local police in their investigation. and they told fox news this morning he wants to know more about the fbi program and whether it is in compliance with the law. is it consistent? is it authorized and does it have oversight? we'll ask these questions sooner than later. and the surveillance flights comply with the agency rules that puts the lengths on the monitoring and the fbi aveation program is not a secret spokesmen said. they are protected for operational security purposes and in a short time ago in a statement to fox, the fbi emphasized that it was not engaged in mass surveillance or reflection, but that is the key word here because the fbi did not rule out targeted collection, jenna. >> interesting, contact cath thank you. >> and iraq minister said the international community is failing in the fight against isis. and calls for the coalition of countries to reexamine their strategy. no significant policy differences will be expected. >> in iraq right now we have the right strategy a combination of coalition air strikes and training and equipping and assisting and effective local partners and that is the winning strategy. >> this all comes as the unite the unitedination reported stallingering casulties by isis. and john hutte joins us live. >> reporter: the majority of the people killed and injured including women and children sadly as we have been seeing. and in the fight against isis and many of those happen in the anbar province. that is happen since isis took control of ramadi. tens of this happeneds have been displaced since the violence in ramadi. and they are fleeing in the baghdad area where more than a thousand civilians were killed or injured. the u.n. said that iraq's government must build people's confidence and judgment to have a sustainable fight against isis and of course there are concerns that iraqi forces lack the confidence and the defense secretary carter said the will to fight. that is a big part of the paris conference. discussions are going on where the prime minister of iraq is meeting with foreign ministers to discuss the fight and the ongoing strategy. the number of foreign fighters joining isis is increasing and that more international help is needed and saying there is a lot of talk about supporting the forces on the ground but not enough help on the ground. and deputy secretary of state tony blankin, said that the u.s. would make it easier for iraq to obtain new weapons and that includes the two thousandant- tank rockets. more than 2700 civilians killed or injured in iraq. those numbers don't include the secondary affect of the war,oc? that means people who died because of lack of food and water and lack of medicine and supplies. those u.n. estimates and numbers could be much higher. >> thank you, john. >> hundreds feared dead after a cruise ship capsizes in a river in china. 450 people were on the ten day pleasure cruise when it all happen. 50 people were rescued. five confirmed dead and more than 400 others were still missing. greg joined us with more. >> it is well after midnight in the river where the emergency workers are dealing with the worst maratine accident in decade. mostly elderly chinese were on board. no foreigners at this point we are told. hit strong winds and rain. and a few people swam to the river bank and other bodies were found downriver. most of the 400 passengers and crow are trappeded in of the hull of the bowl. they are hammering and survivors are responding and workers are cut nothing the hull of the boat. and two who made it out disgratefully the chief emergency and pilot. they were taken into custody. and no sos warning came from the ship's bridge. they learned about it only when survive offers made it to the bank and called on a mobile phone. the chinese government is keeping a lid on this. and keeping most away from the scene of the crash. families are complaining that the government and cruise line didn't tell them about it. they are learned about it through the heavily sensored chinese media. back to you. >> craig, thank you. >> and new concerns regarding the war on terror and why our nation's heroes may be in greater danger than previously thought. plus a house goes up in flames after a bizarre accident. a carjacker targeted a mother and grandmother who fought back. >> i am fine. other than the headache. i will live to see tomorrow and the next day. . . thanks for calling angie's list. how may i help you? i heard i could call angie's list if i needed work done around my house at a fair price. you heard right, just tell us what you need done and we'll find a top rated provider to take care of it. so i could get a faulty light switch fixed? yup! or have a guy refinish my floors? absolutely! or send someone out to groom my pookie? pookie's what you call your? my dog. yes, we can do that. real help from real people. come see what the new angie's list can do for you. >> breaking news on a shooting outside of a pharmacy in boston. police shoot a guy who was under surveillance by the u.s. task force. and why is the fbi flying surveillance airplanes across america. what kind of information are they collecting and is it legal? >> what is good for guys in the bed room could be good for girls too. is female viagra about to be approved? >> and a bomb threat against the flight today was a hoax. the plane was moved to a remote area. and passengers were bussed to the terminal. and a search of the aircraft uncovered no bomb. >> it is a lot of inconvenience though. and a disturbing study on how the war is impacting veterans and their brains. an expoliceure to bomb blast can early exposure to the brain. here is the co-author of the study and principle director and it is nice to have you on the program, doctor. so many things to look at when it comes to veterans and their health. why did you decide to study this angle. a bomb blast and impact on the brain? >> first of all, i would like to thank you for the opportunity to come here and talk about the great research that is happening in boston va. we have conducted a long- term study and we are now entering our sixth year, looking at the mental health and physical health of veterans from iraq and afghanistan. and over the course of our investigation we have discovered exposures to blasts are very numerous and in fact we have several people who are exposed to hundreds of these blasts. and not all of them in fact many of them are not associated with with symptoms of concussion at the time of the blasts and historically, they have paid attention to head injuries that result in symptoms of concussion and what i mean by that. alteration of mental status and people feel fuzzy and don't feel they could do math at the moment. and worst case scenario they lose consciousness of the exposure to the blasts. we are seeing a lot of people who were not exposed and didn't feel the affects of the blast and we were concerned that that might be having functional consequences in their thinking ability and how that might affect their ability to function in doing their doubts. >> let me just stop you there for a moment. i heard the expression getting your bell rung and you feel the affects of the blast like you described and you are saying that a soldier may not have felt that and what your study is looking into is the affects of the brain for being in within 30 feet of the bomb blasts. what is the impact of being around the blasts? >> let me clarify one thing. we have two studies and one study focused on blasts that were in close proximity within 30 feet of a blast and that study actually suggested that the way the brain functions and the way the different parts of the brain speak to each other, in the course of a normal normal day, were actually altered and people who had close blasts exposure. and a paper that we just recently published, was suggesting that you didn't actually have to be that close to a blast to show physical changes to the brain. and so those physical changes are in the area of the brain that we call white matter the physical wiring that connects different parts of the brain to each other and allows those electrical signals to pass through. >> so what could be the consequence of a impact on that part of the brain long- term? >> long- term what we are looking at is a degrading of the white matter tracks in a way that we see often times as people age in the course of normal aging and the signals in the brain don't transmit as well as they do. and anybody over the age of 50 might be able to relate to that and so that is the kind of changes that we are seeing and we are not seeing them in 50 or 60 years olds. we are seeing them in 20 and 30 years old. i am sorry to pause you there. but you can feel a slow down and whether or not it is medically diagnosed or not. and i was curious in looking at your study. thank you for for that. whether or not you are comparing to a lot of noise pollution and if it is veterans to other areas where noise is more of a factor than we thought? >> we have not looked at that issue. what we have been able to look at is individual veterans and service members that were exposed to blasts with versus those that were not exposed to the blasts. that was a comparison. and we can see the difference in the brain's ability to speak to each other and transmit the electrical signals. >> before i let you go what can you do with this information? can you treat the vets and give them a better result. and how do we apply the question? >> that is an important question and there is two lines. we'll continue our research so we understand the changes better and be able to track individuals over time to so whether this is progressive or a one- time damage as a result of the exposure. and we have a lot of the treatments thatty we have available for aging individuals and stroke and other kinds of damage to the brain that we think would be a good start to identify people who have been exposed to blasts and start them on these treatments and kind of change the course and either slow this down or even repair some of those damaged wires. >> it is very interesting work and i know complicated and thank you for condensing it for us so we can understand it. we look forward to having you back doctor as we follow your work. >> thank you for the opportunity. >> learning about the ocean's most feared creatures and how science is using technology to ck of sharks. plus the record- breaking sale of a pocketbook. you will not believe what this bag went for at auction. mr. auto-mo-deal! hey, it's the wheel deal! hey, hey, the duke of deals! i know a few guys in the rental car biz. let's go, 'wheels'. rental car deals up to 40% off. ♪ ♪ when you're living with diabetes steady is exciting. only glucerna has carbsteady clinically proven to help minimize blood sugar spikes. so you stay steady ahead. my name is peter tran. i'm a gas service representative. i've been with pg&e nine years. as an employee of pg&e you always put your best foot forward to provide reliable and safe service and be able to help the community. we always have the safety of our customers and the community in mind. my family is in oakland, my wife's family is in oakland so this is home to us. being able to work in the community that i grew up in, customers feel like friends, neighbors and it makes it a little bit more special. together, we're building a better california. this is getting quite the discussion here. you thought art was expensive or perhaps cars? no. a crocodile hermes birkin bag does has diamond and golds, but nearly $222,000 at a christie's hong kong sale. >> i'd rather have the crocodile. >> i think the crocodile agrees with that. >> no more market for those guys. >> a guy in the hospital after an attempt to force his way into a car did not go as planned. 69-year-old francis mock arrived at her daughter's home in saratoga springs, new york when a guy jumped into her car and told her to drive off. much to his surprise she fought back. >> he started to reach for the steering wheel. what he did, his hand his one hand was on the steering wheel. he smacked me with the other and he says go. i just balled up my fist and i nailed his head about three or four times and told him to get out of my car. >> and i had the wrong saratoga springs. this was in ohio not new york. the man 38-year-old christopher bigler ran out of the car after being punched several times. he ran into her daughter's house, even setting fire to it. officers eventually arrested the guy who is now being treated for burns. >> sounds like he deserved the punches. technology making waves in the ocean. gps technology is now making it easier to track sharks allowing scientists to monitor their movement. claudia is live with more on this. >> reporter: that's right. this stretch of california's central coast is home to several hundred white sharks that have been tagged with gps trackers which are creating a lot of buzz online thanks to shark apps run by scientists available to everyone. like many ocean lovers mimi is enthralled by sharks. >> the sharks are such a mystery us to. they live in this murky water we can't see them and we are fascinated. they'll come up for two seconds. >> reporter: now she can get to know real sharks virtually through shark net an effort by stanford scientists to engage the public through satellite tracking apps interactive bios and more. >> sharks are part of our ecosystem. a healthy ecosystem has large sharks. knowing where they are and what they are doing, we hope to encourage participation and education about the sharks. >> global shark tracker lets users follow the research being done by the mariners at o-search. in 2012 they tagged mary lee a 16-foot great white off cape cod and tracked her numerous trips between florida and new york. scientists say thisese apps are not an early warning system but a way to share valuable data about sharks. >> they spend months of times in the open ocean where nobody can see them, but we are able to learn more how they are using that open ocean environment. >> reporter: more tagging expeditions are in the work as scientists try to learn more about these dark and sometimes scary predators. and encourage people to understand and ultimately help protect the marine environment. >> thank you. >> what do netflix and military tag and a baby bop cat have in common? 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"the real story" with gretchen starts right now. fox news alert. major developments going on in boston where a police officer and fbi agent shot and killed a suspect today after the man pulled out a large military style knife. i'm gretchen carlson. here is what we are learning. he was under active surveillance by the fbi's joint terrorism task force. molly line has been covering this story. you can see this is video out of massachusetts from the scene earlier today. the big news coming out right now could be there was possibly an isis connection to this suspect. how long was the fbi surveiling him? what did they know about this
StanfordCaliforniaUnited-statesNew-yorkOaklandTexasAfghanistanFloridaBostonMassachusettsChinaVirginia general eric holder to address the naacp convention in orlando after he announced his office is considering federal charges against george zimmerman despite a length fbi investigation prior to the trial that exonerated him. hi, johnathon. >> hi, martha, eric holder and the justice department are under intense pressure to take action in the wake of saturday's verdict. the state of florida jury found george zimmerman not guilty of murder or manslaughter. and leaders of the naacp, the same administration ta eric holder is petitioning to file federal several rights charges. and yesterday spoking at a sororitty convention, holder describes the death as a tragic unnecessary shooting, listen. >> we are resolved as you are to combat violence involved or directed at young people to prevent future tragedy and deal with the underlying attitudes and mistaken beliefs and stereotypes that serve as the basis for two common incidents. >> over the weekend, the justice department announced it would analyze the evidence and testimony from the state trial to so if there is any sufficiently civil right's. >> documents were released from the investigation including multiple neighbors who speak favorably of zimmerman. she did not see any racial bis in zimmerman and always respectful to her. nzimmerman's parents are speaking out on television and also on their family web site. in fact, they posted something yesterday. they write although we anyhow our son was not guilty, the state of florida utilized significant resources to conduct a malicious and unfounded prosecutions. we sincerely more of the truth will become available and all responsible will be held fully accountable for their egrejous actions. those words from robert and gladys zimmerman, who are upset that this case ever went to trial. martha, back to you. >> all right, johnathon, thank you very much. trace? >> so what can we expect when the attorney general does take the stage and does address the issue, how is that likely to be received? chris is our fox news edout and host of power play. chris, great to see you. i read your power play article. johnathon opened up the report saying that the attorney general is under pressure to go after george zimmerman and investigate this. you say the reason there is so much pressure on him, he is for all intents and purposes, the conscience of the administration. >> that's how he is sewn on the left, and in the african-american community, as difficult as it is for conservative americans to understand, the president faces continued and continually intense pressure from the black community in america not only that he hasn't done enough about this case, there is broad dissaegz with the even handed statement that the president gave on the topic and other issues important to the community when you look at high unemployment in the african-american community and continued crime. black on black crime in the united states and educational opportunities and on and on. there is frustration. eric holder remains popular with the black community and the activist core that he is talking to today in the naa cp. he will go down well one assumes and said look, the president is with you and we'll find a way to get justify for trayvon. >> the bottom line here, chris, in essence, the doj investigated this. the fbi is under the doj. and they have interviewed friends of george zimmerman and talked to a number of people and came to the conclusion there was no racial prejudice. black officers in the sanford police department, no, i don't so racial prejudice. it is tough to move it forward. what are they looking for? >> that's where the politics of the obama style makes things difficult. you need to cope on on keep the base fired up. you need them with you. his approval ratings are down and eric holder, particularly here in this town, he's one of the longest serving attorney generals in recent history and still here and got all of the problems in town. if he were to do to take the department, which is dealing with fast and furious and its own fallout for going after reporters and leak investigations and dealing with the irs issues, what happens if he undertakes something as charged and controversial with this? washington is waiting to so. >> you think he take its on and in late august they release a new's release. we looked into it and didn't find anything and case closed. >> you could be playing for time here. that is the traditional way to go in washington and make a lot of noise and then let it coloff. in this case, we know from the agency and department, though they are not enthusiastic about a case. this is a civil right's division that is more aggressive and this is something we could so. >> we indeed. chris, fox news.com and power play, great to see you, chris. >> you bet. >> the attorney general isn't the only one who has questions about the case. george zimmerman's brother robert zimmerman sat down with bill hemmer earlier today on america's nows rom and told us that the reaction of the state prosecutor to zimmerman's acquittal is not helping the legal process, watch. >> angela corey is the prosecutor, and she was asked to describe your brother she said murderer. nwildly inappropriate. and confusing people who think that. george was a quited and it insults the jury who made the legal determination and the prosecutor should respect. that i never have seen prosecutors so outright disparaging. that women has made quoit a few outwursts and i would encourage her not to say anything else about the case. >> we'll ask judge napolitano and angela corey if he doomed the zimmerman case and whether she could faces a lawsuit for malicious prosecutions. he will join us on that and explain coming straight up. >> well, what you don't want to see in the height of the summer travel season, you are seeing screen gas prices spike nothing recent days by an average of $0.13 a gallon and could go higher. peter dossy is live for us on what it behind the jump in the pump. hey, peter. multiple experts blame unscheduled maintenance in refineries for the high gas prices and since the united states is exporting more and more, prices are not expected to rise to which more than they are now and here's why. next product prices in the u.s. are set in the global markets to the extent that the u.s. is continuing supply to the global markets and coping prices lower than they would otherwise be. >> triple a put together a list of things to help consumers save money and save foul likousing public transportation and shopping on line and keeping your trunk as empty as possible. triple a pinpointed the reason write this minute gas prices are so high. they say there is a lot of summertime demand and a higher than average price of crude oil because of what is happening in egypt. >> egypt is not a major oil producer. the suez canal goes through the country and there is certain that the turmoil could spread to other countries. this has spooked the market and this cost is getting passed on to the consummers right now we are living with the third highest gas prices. and triple a, forecasts that prices will rise a dime or so per gallon unless a major hurricane strikes the gulf coast. >> many cases here in california, it is up to five bucks a gallon. thank you, martha? >> there is new trouble for the president's health care law from an unlikely source, why america's largest labor union who helped to write obama care are now saying, you know what, this is not good for our members and not good for middle-class america what's turn that is. >> we report. and serious situation that gets so little attention. egypt's christians targeted in gruesome attacks. so what is behind the new violation and what is the response for the state department? and what is apple doing in response to a report that a woman electroouted by an iphone and what she was doing when she died. let's get the ball rolling. in cities like charlotte, atlanta, and chicago, we're revving people up to take a lap around the legendary nascar race track with drivers from the coca-cola racing family. coca-coca family track walks give thousands of race fans the chance to get out, get moving, and have fun... all along the way. it's part of our goal to inspire more than three million people to rediscover the joy of being active this summer. see the difference all of us can make... together. ♪ well, it could be several more days before we learn what tock the life of actor cory monteith. there was a an autopsy performed. montoting was found dead in his van cougher hotel on saturday. he had drug problems in the past but officials say there is nothing to indicate that drugs played a role in his death. >> a developing situation in egypt, a frightening escanalation and a anger that is perkulating in corners of egypt after the ouster of president mohammed morsi. the demands for his return are targeting christians in violent scrape goat attacks and blaming them for the overthrow of morsi. there are reports of four christians slaughtered with comboifs and machetes. and abducted christian merchant was found decapitated and a coptic crit yen priest was shot and killed in broad daylight and islamist are painting black x's on christian shops to mark them for arson. i am joined by brick olson. brock, this is obviously an extremely source and growing situation and one wonders why we don't hear more about it in the front pages of our web sites and newspapers in america? >> that is a very good point, the mainstream media and human rights group turned a blind eye of the systemic and brutal pers kougz of christians in not only egypt but muslim affect. we are afraid of being called islam phobic. this is the fate. the morsi supporters are nowousing it as the latest excuse to target christians. this was the fate of christians when morsi was in power and the fate of christians after morsi is in power and roached to pandemic porportions. >> you know, you look at this piece that was on the new york times web site, and the headline was christians targeted for retribution in egypt and then that head loin disappeared from the web site and replaced or topped off with another story which sometimes happens on the websites. but the story was less nows worthy and not breaking nows at that moment. why dow think that this is happening? >> you know, again, the mainstream media is too afraid of accurately reporting on what is going on in the muslim world. we are not reporting on the fact that millions and millions of innocent muslim women and children are targeted on a daily basis and turned a blind eye of what happened to christians while morsi was in power. we supported him as a dowely elected government. he legalized the pers kougz of christians and wrote sharia law in the constitution and called for the expulsion of all foreigners in egypt and what happen we saw the ejepgz government take place in the siege and violent attack on christians while worship nothing an important cathettederal. we are sending a green light that the islamist can kill christians with impunity. >> it say fear of being fair and undercuts what the count rear or united states of america which stands for freedom not only at home but around the world. why haven't we heard more about it from the president? there was a state department question that prompted an answer in the state department and said we condemn the killing of christians, which is what you expect. should we expect more. >> the obama administration. remember what obama said when she delivered his infamous spoech in egypt. the future does not belong to those who defame the prophet mohammed. it is the credo of this government not to critize anyone who is engaged of pers kougz of those who are black listed on islam or a postates. we saw the administration engage in the criticism of an individual who proused a 18- youtube 18 islam. one pastor threatened to burn the kura n. christian children are the number one victims of the attacks. 50 percent of the christians targeted any jerria and somalia and sudan and iran are targeted not only with violence but kidnapped for ransom, it is a shame we are not covering this. >> it is a story that needs to be told and we'll do it here and whenever it is a headline that needs to be brought to the attention of the world. brook, thank you very much. >> thank you for bringing the issue the attention it deserves. >> it is a troubling story. thank you very much. brook, we'll so you next time. >> how about this. does the iphone have a potential deadly fe defect. apple's response to the report of a woman who died when she answered a phone call. >> and a pair of brutal attacks leaves four people dead including a 11 year old child. now a doctor was arrested for the crime. trace is on the case of the bizarre murder spree. and one of the most brutal criminals in the world history. head of mexican drug cartel who killed countless people and liked to see his misdemeanors boiled in oil. we'll so what that means in his capture. eels. copd includes emphysema and chronic bronchitis. spiriva is a once-daily inhaled copd maintenance treatment that helps open my obstructed airways for a full 24 hours. you know, spiriva helps me breathe easier. spiriva handihaler tiotropium bromide inhalation powder does not replace fast-acting inhalers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva. discuss all medicines you take, even eye drops. stop taking spiriva and seek immediate medical help if your breathing suddenly worsens, your throat or tongue swells, you get hives, vision changes or eye pain, or problems passing urine. other side effects include dry mouth and constipation. nothing can reverse copd. spiriva helps me breathe better. does breathing with copd weigh you down? 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[ major nutrition ] nutrition in charge. >> apple said that it is looking into the death of a 23 year old chinese woman who was reportedly ele electrocuted. it was charged in and her family is not out a warping on loin. apple is not commenting on the specifics of that claim at this point. and an down down doctor is now in police custody, suspected of being a serea l killer. he may involved in four murders that may have been revenge killing, trace is it >> martha, it was five years for the police to connect the dots. they have a doctor that swore to do no harm that has become a killer. dr. anthony garcia. that is how they got the poses to fall in place. dr. garcia was fired as a resident. he was fired by dr. roger brumback and dr. hunter. dr. hunter's 11 year old son and house coper were found murdered inside of their home. police did not believe they were being targeted and dr. brum back and his wife were found murdered inside of their home. dr. garcia has not lived in oma ha since he was foured. but they have evidence that he visited the city in bofth those killings. the task force put it together a couple of monthsing on and think they have their man. >> today, i am able to provide a sense of closure to the victim's families and the university and community. >> in a tea with a low murder rate, when you have four murders in an upscale murder. this is an area on edge. and police believe they can ease some of the fears, martha. >> trace, thank you. and so the unions, as you may recall spent millions of dollars and thousands of hours trying to help get obama care passed by congress. and now, stunningly, an about-face by them who say it will shatter their benefits and destroy the work week as we know it. we'll investigate. >> the state prosecutor thinks that george zimmerman is a murderer and a growing sense that she could be windowing up penalized in the end. comments like those are not helping angela corey's case. >> this case has never been about race nor has it ever been about it is right to bear arms. not in the sense of proving this as a criminal case. but trayvon martin was profiled. there is no doubt he was profiled to be a criminal and if race was one of the aspects in orge zimmerman's mind, we believe that we put out the proof necessary to show that zimmerman did profile trayvon martin. but not energy or even my mood. that's when i talked with my doctor. he gave me some blood tests... showed it was low t. that's it. it was a number. [ male announcer ] today, men with low t have androgel 1.62% testosterone gel. the #1 prescribed topical testosterone replacement therapy increases testosterone when used daily. women and children should avoid contact with application sites. discontinue androgel and call youdoctor if you see unexpected signs of early puberty in a child, or signs in a woman, which may include changes in body hair or a large increase in acne, possibly due to accidental exposure. men with breast cancer or who have or might have prostate cancer, and women who are or may become pregnant or are breast-feeding, should not use androgel. erious side effects include worsening of an enlarged prostate, possible increased risk of prostate cancer, lower sperm count, swelling of ankles, feet, or body, enlarged or painful brets, problems breathing during sleep, and blood clots in the le. tell your doctor about your medical conditions and medications, especially insulin, corticosteroids, or medicines to decree blood clotting. in a clinical study, over 80% of treated men had their t levels restored to normal. talk to your doctor about all your symptoms. get the blood tests. change your number. turn it up. androgel 1.62%. >> investing in gold is not about making a million dollars. now you can. by taking in the existing ira and putting it in a proficiency medal. and like me you worked hard for your money and don't want to lose it now. >> the attorney general said at one point if a speech we are a nation of cowards when it comes to race. we are not always frank and based on what you said it is happening. are we making progress and no longer a nation of coward. >> i would refer you to the department of justice and attorney general for the examinations. but this president believes this is a conversation we have to continually have. and he said that in the past and said it repoetedly. i am not going to make any assessment. there is no question there is progress to make am he was responding to the fallout of shooting death of trayvon martin. and what it means to race in america. remember the president said if he had a son he would look like trayvon. the president will not weigh in on whether the justice department should bring a civil right's case against george zimmerman. the attorney general is under great pressure to bring charges against zimmerman and he speaks in orlando a little more than an hour from now and we are watching that live. i just came off of the lobby of the undecided members am we'll get health care reform bill done because of your efforts. >> that was union iowa conand richard trumka back in 2010. proudly declaring his support for the president's massive health care plan. it was trumka and teamsteres president jimmy hoffa who rallied people to support the land mark overhaul of the health care system. just a now years later, it so manies that early supporters are dramatically changing their tune on obama care. this is a huge development. look at this. back in 2010. hoffa said it was critical to move to get our health care moving again. it is burdening our employers. you remember? and just a now days ago, look at this in a letter to nancy peel pole and harry reid. we can no longer stay silent in the elements of the affordable care act that will destroy the very health and well-being of our members along with millions of other hard working americans. >> that is a change of town. lesly, what is going on here? >> well, this is not a change of tune. it is a change of ven u from behind closed doors. i actually had a timesters representative on my talk she last night and the teamsters and unions support the affordable care act that everybody calls obama care. but they didn't want. os to be penalized, however it was essential that:e employers not be burdened. we were talking about a public option that was not part of the watered down version. it is not a change for the unions and teamsters president hoffa. saying look, we don't want our employees union to be down graded from full- time position and lose health care and pensions. >> yeah, but lesly, and chris i want you to address this. this discussion has been going on sense the whole debate over the health care plan. you know what is going to happen, right. everyone will move the workers to part time because they will be overburdened and unable to create businesses and hire more employers. chris what did they not hear when it was discussed? >> to complete it is not a change of tune is absurd. they spent millions getting democrats elected and supporting president obama and lobbying people on capitol hill to get obama care through and they were part of the team and finally as nancy pelosi, you had to vote for the bill to phoned out what is in it. and the unions found out what is in it and it is a nightmare and says that it will destroy the underpennings of a 40 hour work woke. and along comes obama, the destroyers. they read a passage of obama care and realized what is in it. this is what it is doing to the unions and they will do the same thing for the restest country. >> we'll read more of the letter that was signed by james hoffa and two of the largest hits of the service unions. when you and the president, talking nancy polarmo and harriy arid. when you sought our support, we pledged if wo liked our health care plans we could cope them. sadly that promise is under a threat. and they go on to say, you better deal with this. we raised money to secure this vision and now the vision is coming back to haunt us. i don't know how that is not a change of tune, lesly? >> i don't think it is a change of two. i am a supporter of obama air and i am a union supporters and democrat. and the unions are saying cope your promise and the guarantee it all americans, union workers and otherwise that we would not have to change the health care plans and employers would not have to change the health care mraven and that's not what they feel is happening. this is not a change of heart on obama care. this is keeping the promise for americans and unions included to pass the support of the legislation. >> that is one spectacular area. >> we all know. to me, the biggest for that this struck in the unions and the issue of moving a full of time worker to part- time. their membership has shrunk and doing okay in the public sector and in the private sector it has shrunk. chris, this is protecting turf for them, is it not? >> asking for carve outs for themselves. and protections for themselves which they will probably get pause the whole thing is a debacle. one of the freedomary authors senator max ba cchus, a train wreck. and harry reed is agreeing with them. and they are getting out and raising money and find the guys elected and they are artied as the rest of us would be. do we need park bark obama to come out and start over. and leslie, you are fighting the fight and you are trying. but it is in indwes ebl. >> the primary senator wes with them. start over again, shall we? >> leslie and shaking her head. really quick. i got to go. >> thank you, guys. >> that is good. we'll so you next time and we'll talk about it a lot more. thank you to chris plant and leslie as well. how about this story? one of the most brutal criminals has been captured. so what the arrest of the mexican drug cartel moans to the drug violence on our side of the border. and plus, from london, we are continuing on royal baby watch. and a family disagreed over when the heirs to the throne is likely to arrive. and the mayor of a major city is a cowed of grabbing women on the street. unbelievable. >> groping them and kissing them. he is a mayor of a huge city. he said there is no reason to resign. >> we'll be right back. from london. >> there is a term called the fillener headlock and described a pattern that our mayor had has with women. he puts the arm, round the shoulder and pull its to iter a ronned the neck. with scottrade's online banking, i get one view of my bank and brokerage accounts with one login... to easily move my money when i need to. plus, when i call my local scottrade office, i can talk to someone who knows how i trade. because i don't trade like everi'm with scottrade. me. (announcer) scottrade. awarded five-stars from smartmoney magazine. grrrrreat outdoors, and a great deal. ahhh let's leave the deals to hotels.com. perfect! yep, and no angry bears. up to 30% off. only at hotels.com. diarrhea, gas, bloating? yes! one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. live the regular life. phillips'. >> one of mexico drug lords is off of the streets and could be soon extradited to the united states. the leader of the dreaded zeta cartel and he was near the porder with texas. he's so evil his trademark was boiling his enemies alive in oil. it is like something out of a movie and while suspected in a long list of mass murders south of the border, the roach of his drug empire goes in american territory as well. trace has more on this. trace. >> that corridor of crime goes through the heart of the texas. the zeta cartel is defectors of the military. and it is like the soles break off and become an outlaw group. zetas are known as an outlaw group. and morales is a cowed of mass suicide and hundreds of people burning and oiling his enemies a live. he was picked up in laedo. killing eight guns and $2 million. and tock over after the previous leader was captured. the now mexican president didn't want to go after the leaders because they are always replaced and their capture leads to a power vacum. the drug corridor leads from laredo and right through texas and very profitable and if there is and kind of system of weakening of the zeta cartel. you can imagine that that will lead to which more violence. we'll bring in mike motorcycle cutler who is a former ins agent and the first question is do you believe that this weakens the zeta cartel at all. >> thanks for having me on, trace. i spent half of my career. and the cities are infested by the mexican cartels. and the zetas are the cartel and just last week, they reported on how the gulf cartel skoped up a resident in texas and kidnapped him and feared he was killed to silence him. their violence can be sewn all over the united states. there will be a power vacouple as pointed out by the mexican president. and guess what is happening, peoplousing violence as a way of figuring out the next leader is. they don't hold elections. >> we have seen in 5 or 6 years and it is important for the audience to know. zeta was the enforcement wing of the drug cartel before breaking off on their own. the way it is filled. the zeta cartels are more of a franchise operation and so they are a splipter group if you will. and that propagates more violence. >> it. i am waiting for the day god forbid those weapons in fast and furious. we have 50 border states. and lots of the stuff in the mexican border windows on streets in the united states. yeah, you talk about the secret control groups within the cartels and it runs within texas. it is a border battle and bleeding in to the united states. they have hit squads to make sure they get from point a to b. >> late 80s, i did a study and found in new york i was horrified, 60 percent of the people in the dea task force were foreign born and so this is not simply a problem that is limited and isn't it remarkable while the poll tegzs are concerned about the food we eat but rare to hear about the cocaine or heroin in the united states? >> michael, good of you, sir. >> thank you, trace, good to join of san diego is being an accused of literally grabbing women on the street, groping them, forcibly kissing them on a couple of occasions. but he says that's no reason for resi resign. a live report on that is next. >> i'm a very demonstrative person. i express myself demonstratively. i'm a hugger. of both men and women. and if it turns out that -- as it turns out that those are taken in an offensive manner, i need to have a greater self awareness about what i'm doing and we will correct that. how mu protein does your dog food have? 18 percent? 20? new purina one true instinct has 30. active dogs crave nutrient-dense food. so we made purina one true instinct. learmore at purinaone.com with diabetes, it's tough to keep life balanced. i don't always have time to eat like i should. and the more i focus on everything else, the less time i have to take care of me. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes. glucerna products help me keep everything balanced. 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[ male announcer ] glucerna. delicious shakes and bars. helping people with diabetes find balance. the newly elected mayor of san diego is already under fire amid claims that he sexually harassed several city employees. mayor bob filner is his name, he's only been in office since december. he's already fending off mounting calls for his resignation. william has the details for us live in san diego. >> reporter: well, bob filner spent 20 years in congress and many fear this is just the tip of the iceberg. the allegations include unwanted kissing, groping, lewd comments, sexual harassment, crude and inappropriate behavior for any man, let alone a mayor. >> we will all fail women of our city if we ask them to continue to meet with this man to seek the leadership of one who will continue to harass and grope them, try and stick their tongue down their throat, grab their breasts, one who is tragically, bob filner is tragically unsafe for any woman to approach. >> publicly this long time liberal democrat claims to support women's rights. yet already three female staffers have resigned, two aides quit. his fiance broke up with him last week citing in her words constant infidelities, texting sexual comments to other women and setting updates in front of her and again in her words his disgusting behavior. >> my client has witnessed or has discussed with others who have witnessed the mayor grab an employee and try to kiss her, have her awkwardly call him a dirty old man and push him away, and yet he continued to make rude comments to her. she has complained that he grabbed her [ bleep ] and touched her chest. >> last week in shall video message, filner admitted that he had made mistakes, that he diminished his office and needed help. and while he apologized, he said he would not resign. >> i'm a very demonstrative person. i express myself demonstratively. i'm a hugger of both men and women. >> reporter: now, filner's 48-year-old ex-fiance says the 70-year-old mayor is unstable and needs mental help. the mayor is basically in hiding. city council wants him to resign. 59% of the voters want him to resign. back to you. >> all right. a hugger. how about that. william being thank you. so the white house has faced a long list of questions last hour on the zimmerman case and how it's handling the aftermath of that. we have breaking news on that three minutes away. and the head of the house oversight committee announced new witnesses will appear on thursday at the irs hearings. he will tell us who he expects to testify now when we come back. new reaction from the obama administration to the verdict in the george zimmerman murder trial. jay carney moments ago go fielded questions from reporters about the trayvon martin case.gd questions from reporters about the trayvon martin case.o field questions from reporters about the trayvon martin case. fielde questions from reporters about the trayvon martin case. the president sdw interviews with four spanish language tv stations today where he's also likely to get questions about the case. we're also awaiting the birth to the heir to the british thrown. >> breaking news desk here in los angeles, the press secretary peppered with question after question about the trial and its aftermath. here is some of what they were asking. listen. >> the president as an african-american participanent,e have anything to say to the parents reassuring them about whether or not the law will step up and protect their children? is sf . >> there was talk in 2009, a teachable moment on race, the president said he thought it was a friendly thoughtful conversation and progress had been made. my question now is do you feel similarly this a teachable moment? >> do you think at this point with the feeling, the emotions that are going on in this country from everyone including stevie wonder who has just decided not to perform, do you think it might be time to have conversations about this? >> what you're saying is that he thinks the conversation is important but going forward he doesn't feel that he has a sp conversation other than to push a broader agenda? >> wendell goler joins us live from the white house. >> reporter: well, not just the president, but attorney general eric holder also had an opportunity to comment on this case today. he has a speech to the naacp scheduled before george zimmerman was acquitted this weekend like the president, he's likely to take the opportunity to comment. the white house says the justice department investigators will decide whether federal charges are brought against zimmerman and justice officials say federal civil rights statutes covering the shooting are limited. but civil r50i9s leaders have launched a push for a federal prosecution. >> i'm putting pressure on the legal authorities at the justice department and the legislative authorities in florida. we do not want to be -- i think the president has made the statement of consolation. we don't need consolation. we need legislation. and we need some federal prosecution. >> reporter: there were more protests of the zimmerman verdict last night. there have been instances in which public protests seem to push the federal government to act such as the protests that followed the acquittal of california police officers after the rodney king beating. but attorney general holder suggested yesterday in a speech to the delta significant made sorority what the country needs is didialogue, not necessarily trial. jay carney says it needs to be held in churches and at the community level.jay carney says held in churches and at the community level. >> it is worth while to look at the laws that we have at the state level and consider them through the prism of gun violence and ask whether or not they are improving the situation with regards to gun violence or in-ed a vert tently making that situation worse. >> he stopped short of directly criticizing florida's stand your ground law. >> all right, wendell, thank you very much. so the attorney general is also under pressure from the naacp who are urging him to bring you new federal charges against george zimmerman. we will be hearing from eric holder in orlando in just a little while from now. and we are keeping an eye on that as it happens. we have new developments as lawmakers seek more answers about why the irs targeted conservatives and other groups seeking tax exempt status. so less than 48 hours from now, we'll hear from some of the key pr players in this scandal, the people who worked at the tax agency in cincinnati where all of the outrage began across the country. so the head of 9 committee that looked in to this controversy has just announced that three new witnesses will appear before congress at that hearing on thursday. and he joins us now. darrel el issa, good to have yo back again. >> thank you for covering this upcoming hearing. although we've received only 1% of the documents we've asked from the irs, we've interviewed over 12 witnesses and we'll have a smatherring of those on thursday so people can begin to understand that which we know for sure is true. and most importantly, that this was not isolated to cincinnati, but in fact went to washington and then went up the chain from there. >> as i understand it, one of the people that will be testifying is elizabeth, she worked in the continue sincinna, and she was one of two people who were tasked with a big pile of applications for tax exempt status from tea party groups and conservative groups and they said you need to go through these. she claims that she and her colleague were dumped into the fall guy and that they got their orders directly from washington. will she testify to that in the hearing? >> yes, she will. she's already testified in an interview to exactly that. although she bears some responsibility for not being a whistleblower, that in fact she was taking her orders from washington. she names names. and in the case of carter hall who was in washington, he names names above him including lois lerner. >> so will carter hall testify at this hearing, as well is this because his name was on your list. >> it is. and he will. the expectation is that although we cannot reach conclusions this early in an investigation, but we will know that stop looking at cincinnati alone. stop looking just at the first level in washington. and look to the people that are in fact being pointed at. as you know the irs is an agency in crisis. we've had multiple hearings on multiple areas of wrong doing and two witnesses taking the fifth which is extremely unusual. >> the president came out when all of this started to erupt and said he was very disturbed by it. he said under no circumstances should we be screening in this way. what has the white house been doing about this issue? polls tell us this is one of the most issues on people's minds right now. >> the white house former head of management and budget to take over that agency. we're working with the acts commission commissioner and we hope to get full cooperation in fixing the agency. as of right now, our biggest obstruction is of course a ranking member mr. cummings who keeps saying that we know everything we need to know and it's over. and then when corrected, he takes a little while and then he comes back again saying there is nothing there. our second panel is important. and i think this is the one that you mentioned when you said three. russell george, ig and two of his lead people are going to answer the allegations from ranking member cummings that somehow progressive groups were targeted. he's going to, i believe, dissmael, that he ran a nonpartisan investigation and what he found was the holding back of these hundreds of applications by conservative groups and not by progressive groups. >> that's interesting because he was criticized russell george for leaving out the fact that progressives were also targeted in these cases. but you say that he will testify that that was not true. >> absolutely. and i think i'll use the word targeted very carefully. if you and i do a google search and information comes up and we just grab one file and we go work on it, that's the one we targeted. that's the one we went after. there may have been groups that came up in searches, database searches, but no groups as far as we've got any evidence at all on were ever withheld for weeks, months or years the way the tea party groups were. and that's really when we use the term targeted, we're not talking about a name coming up in a search. we're talking about unreasonable delay as we saw with tea party groups for as much as 27 months. >> well, we know we didn't see those kind of complaints from the other people who were applying. >> exactly. >> so we'll be watching. darrell issa, thank you very much. >> good luck on the birth. >> thank you. well, fox news alert now. breaking news from capitol hill. we have been covering reports in recent days about threats from senate democrats launching major rules change in the senate. this of course would allow them to approve presidential nominees with a simple majority vote, 51, right? delivering huge new power to the white house. but a number of senators pointed out that while that power would today benefit democrats, it would also give enormous power to republicans when they have the majority. so in just the last hour, we got word of a deal to head this off. and keep in mind this comes after a very rare four hour closed door meeting in the old senate chamber on capitol hill where harry reid says he learned a very valuable lesson because he had a chance to sit down with members of both parties and he learned that sometimes when you tend to listen to other people, you come to different conclusions and keep in mind that what had been a drastic change where you go from just 51 to push these executive nominees into what is currently on there right now, giving both parties is chance to give their filibusters and their points of view. mike emanuel joins us live from capitol hill with more. >> reporter: we expect to hear from the senate majority leader, but the bottom line is it appears that the deal maker in all of this was after a three mus hour meeting late last night when all 100 senators sat down and aired their grievances. we expect to hear from senator reid about the deal in a matter of moments. as we take a live look at what's known as the ohio clock up here on capitol hill. after some tough rhetoric, earlier today the senate majority leader sounded upbeat. >> we'll explain in who are detail the direction we're headed. i think everyone will be happy. everyone will not be, oh, man, we got everything we wanted. but i think it will be something that is good for the senate. it is a compromise. and i think we get what they want, they get what they want. not a bad deal. >> as part of that deal, the nomination of richard cordray to lead the consumer financial protection bureau moves forward. republicans didn't oppose him personally, they think the agency has too much power. republicans wanted president obama to drop and replace two nominees for the national labor relations board. senator john mccain a key player in the deal sounded relieved. >> i think all of us got to the edge and looked in the abyss. republican and democrats. certainly the overwhelming majority and we stepped back from it. >> reporter: everybody seems to agree the key moment was getting all is 00 senat 100 senators? the room. we will sea how long peace here on capitol hill lasts. >> could be short lived. mike, thank you. well, now that he's ban acquitted, it may be george zimmerman's chance to kind of level some changes and go after the g a.. d.a. for malicious prosecution. plus whether the feds can hit zimmerman with brand new charges next. 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[ male announcer ] your kids make great things. so give them a tasty, wholesome snack that has eight grams of whole grain... and is now made with real strawberries and bananas. honey maid teddy grahams. two new flavors now made with real fruit. while george zimmerman remains in hiding, the spotlight turns to the special prosecutor who led the charge to throw the book at him. even before the jury reached its verdict, some legal experts were dismayed by the conduct of this woman, angela corey. they suggested that she had overreached on this case and then that she had tried to hide evidence from zimmerman's defense team. one prominent attorney even suggested she should be, quote, disbarred. trace has more on this. >> and recall shortly after the verdict, angela corey came out and held a news conference to thank her prosecution team and she seemed oddly kept with the verdict and then she said that all along she was only seeking the truth. listen. >> when we announced the charges 15 months ago, we also promised that we would seek the truth for trayvon martin and due process for george zimmerman. that we would get all of the facts and details of this very difficult case before a jury and that we chose to do it that way because we felt that everyone had a right to know everything about this case. >> but remember it was angela corey who brought the second-degree murder charges against zimmerman and in her charging affidavit, she released statements that many said were very misleading. for example, that trayvon martin -- rather, george zimmerman was profiled and that zimmerman disregarded the police gs patcher and continued to follow trayvon martin and trayvon martin's mother identifieded the voice crying for help as trayvon martin's voice. especially more important is what she left out, including evidence that would have helped george zimmerman, exconsu excul evidence. they are supposed to seek out the truth and a harvard law professor took it a step further, alan dershowitz. that was completely misleading. she violated all kinds of rules of the profession and her conduct bordered on criminal conduct. >> for hmore, let's bring in judge napolitano. you read through the affidavit as we did and it seems to many that it was very one-sided. and moreover, it left out a lot of key facts as we just mentioned that really could have benefited george zimmerman in this case. >> and the go. h government has an obligation to reveal all this. in florida when the government wants to charge someone with a felony,reveal all this. in florida when the government wants to charge someone with a felony,obligation to reveal all. in florida when the government wants to charge someone with a felony, it can present the evidence to the grand jury, notify the target and let the target the person they're attempting to indict present evidence and the grand jury decides whether or not to indict. they almost always do what the prosecutors want them to do, but there is a weighing and sifting of the evidence. the other way which is the way they did it here is for that lady, the prosecutor in charge, angela corey, simply to file the complaint supported by an affidavit that she signed. now, when she signs that affidavit, she is required to inform the court not only of the strengths in her case, but of the weaknesses, as well. so when professor dershowitz says she lied, it appears she did lie. when he said she didn't comply with the rules of ethics, it appears she did not comply with the rules of ethics. when he said she may have committed a crime, well, lying under oath is a crime. the type of crime she prosecutes people for. she materially misled the court into thinking she had a far stronger case than she did. and i dare say if i had been the judge or if any take judge nell so that who tried the case, and the judge knew what we now know about the case, what ms. cory was obliged to tell the judge, the judge probably would have rejected the charge of second-degree murder and said you need to charge him with something less. >> and i'm running out of time here, but i want to go you one further and talk about how mark o'mara says that he believes that angela corey and her office actually withheld evidence and i want to know what exactly george zimmerman and his attorneys, what right do they have to go back after the government in this case. >> if she sues for malicious prosecution, she will have to -- if zimmerman shoes for in ma lish issues prosecution, he will have to demonstrate that miss cory's behavior was motivated not by the facts in the case, but by an overriding desire to win and that overriding desire to win caused her to break the rules and break the law and expose him to 30 years in jail when he shouldn't have been exposed to it at all. a lot of us have looked at this and beginning to think he probably should file such a case. that's how unjustified and unjustifiable this prosecution turned out to be. >> i want you to stay with us if you can. i want to ask you about the possibility that the feds may bring new charges. this is a very big case and we want one more input from the judge before we let him go. that's coming up next. 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[ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap. still a it wag for eric holder to address the naacp. i want to bring back in judge nepal tnapolitano. the fdi did their investigation. s they issued a document saying there was no racial prejudice.e. the fdi did their investigation. they issued a document saying there was no racial prejudice.p. the fdi did their investigation. they issued a document saying there was no racial prejudice.n. the fdi did their investigation. they issued a document saying there was no racial prejudice. they have an arm of the doj. why is the doj not satisfied? >> because the doj could be called the department of political justice and sometimes is trying to satisfy the demands of political constituencies more than it is following the law. this is a very dangerous intersection of politics and prosecution. prosecutions should be based upon the law and the government's ability to prove its case. it should not be based upon which crowd is screaming the loudest for the hide of whoom. this guy was legitimately acquitted in a state court and now the feds want to prosecute him. murder is not a federal crime unless it is animated by hatred for the race of the person who was killed. there was no evidence presented in the florida case to demonstrate that george zimmerman killed trayvon martin because he hated the color of his skin or hated the race of which he was a member. nevertheless in the charging document, the one we talked about in the last section, the affidavit that angela corey submitted to the court, she said this was all based on race. so if the federal government to enter the picture, it would have to reject everything that the jury found this florida, reject what its own fbi found. >> and we don't even want to go back to the selective prosecution the doj has kind of implemented over the past few four or five years. but you talk about these cases as a rule, even know back to rodney king, back in the '90s, and they went after those police officers and only two of the four even with the videotaped evidence only two of the four were prosecuted in that. and these are very difficult cases to undertake. >> the constitution prohibits double jeopardy, trying a person more than once for the same crime. but the supreme court has interpret that had to mean each jurisdiction gets one shot. so if you do one thing, pull a trigger once and kill a person, the state can prosecute you and the feds can prosecute you. that doesn't make sense and i reject it, but that's the law of the land. but the second prosecution has to be just and fair and based on a different theory from the first prosecution and where the federal government's crack investigative teams, nobody in the world better than the fbi, has concluded going all the way back to zimmerman's childhood that there is no evidence of him hating black people, this is a case they can't make, this is a case that can't win and so this is a case they should not bring. >> and one more, lead investigator a black police officer, sergeant within the sanford police department, looking at all the evidence and saying, look, there is nothing here that says this was racially motivated. it's got to give the doj some reason for pause. >> one would hope so. but we'll see. >> judge, great to sigh you as always. >> good to see you. thanks. just ahead, more breaking news from the senate. plus we're on royal baby watch here in london. and stepmother in law camilla give a little bit of a hint as to when we may be expecting some action in front of that doorway. sfwh she has to have it before we leave on saturday. she has a window of four days. the new guy is loaded with protein! i'll believe it when i--- [ both ] oooooh... 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[ male announcer ] ask your doctor if chantix is right for you. after the summit, there was talk in 2009, it was a teachable moment on race.president made comments saying he thought it was a friendly thoughtful conversation, some progress had been made. so my question now is do you feel similarly that this is a teachable moment for the country right now? >> the president put out a statement in response to the verdict and i think that his words on there are the best representation of how he views it and what he hopes will come from it, which is a peaceful reflection and conversation by communities across the country. and that conversation is taking place. both in private and the public sphere. >> that was jay carney moments ago when he was pressed by ed henry about the trayvon martin case. just one of a series of questions from the white house press core all asking that same issue, how the administration plans to handle the fallout from the trayvon martin and george zimmerman case. joining me now is david webb and mark hannah. good to have you both with me today. david, let's start with you on this. obviously what jay carney's not saying in this press briefing is you know what, the jury has spoken and the president and the administration believed that it's time to move on, that's not what we're hearing here. >> the fact that they waited into this when president obama made his comments is what brought to that level. had the president not said if i had a son he would look like trayvon martin, they would not have that level. department of just sis is looking for two bites at the apple. why didn't they ross cute immediately on civil rights violation.why didn't they ross immediately on civil rights violation. because they had weak or no case at that point. you can prosecute under florida law for bias. the fbi said there was no evidence to support it. and now they do the washington play. they will let some time run out, they will say we've made our best effort, and then it will move on and we'll be on to another big story. but this is the political did have oj, not the professional doj in play. >> i don't know where -- >> so david is arguing that it's lip service, that they're saying to pander to certain constituencies is and that's all it is. is that true? >> and that's disingenuous when you consider the fact the investigation was opened by the fed back spring and then deferred to the courts locally and stepped aside. but, no, this was brought about by career prosecutors and if the department of just sf juof jusdo go forward, i think that this is a decision that will be made -- ledded by if not with the consultation of career prosecutors. stepping back, when most americans heard this verdict, there was a sensation of grave injustice that had been committed. i was back in a small town where i grew up and everybody i was talking to, they're not particularly political, but they had this feeling that there was a big miscarriage of justice. and as martin luther king said, injustice anywhere is a threat to justice everywhere. so that's why see all colors and creeds coming out in the streets in protest. >> hold on. when i look back at the moment that the o.j. case was decided and the reaction in america, the casey anthony case and the reaction in america, sometimes people don't feel that justice was done and that's certainly their right. but in those situations, you know, does the administration, does the president step in and say we're going to continue to pursue this further? no, they did not is the answer to that question. so why in this case is it different? >> i think because in this case there is a perception for better or worse if the president comes out and makes a statement about this, that this case is somehow political sized. whereas before i said career prosecutor, if the president makes a comment, automatically you'll think there is a political case. the statement jay carney referred to, there was a statement that legal procedures have to run their course. this isn't a time for politics. this is a time to make sure justice was given both for the sake of trayvon martin and his family and for -- >> justice has been given by a jury of their peers under our system. and the burden you would have to meet for a federal prosecution would have to take into account what has happened in the state prosecution. we now have an acquittal on all charges not just second-degree murder, but lesser charges in the judges instructions. what we have here has been a political issue and we have to look at the actions of the community relations service, a little known unit ever the department of justice that went down to florida last year and began to spend taxpayer dollars to facilitate rallies against zirm plan. we have the e-mails. >> what -- how did they stimulate the rallies? and read it there.eudicial but my point is justice has been done. a jury of their peers has decided. the burden required for federal civil rights trial is even higher. to show that racial bay as oig, if they had it, they would have done what they did with the rodney king situation where they went immediately, prosecuted and they received some 30 months a piece. they didn't have the case. and this is a case of two bites at the apple and let's play it out because this is the politics of it. >> regardless of the validity of david's points and i think he makes a couple good points there, one thing this does point to is the stand your ground laws in the state of florida and the fact that you can basically use fear and cowardice as a just if i justification to kill another human being. >> you're deflecting from the all debate.justification to kil human being. >> you're deflecting from the all debate.human being. >> you're deflecting from the all debate.ustification to kill human being. >> you're deflecting from the all debate.justification to kil human being. >> you're deflecting from the all debate. >> a whited ed adult male carrya gun killed a black boy. >> posted $50,000 bond. was at work the following monday. that case being prosecuted while trayvon martin was killed. >> when most americans look at this case and if they can imagine george zimmerman is black and trayvon martin is white, i think they would have a very different -- >> where is your outrage on dooley? >> gentlemen, thank you. obviously it's a hot issue. and i think it's going to be really interesting to see whether or not the administration moves forward with it. whether the justice department give it is lip service or whether they go further. thanks, guys. let's go back to the u.s. and trace.they go further. thanks, guys. let's go back to the u.s. and trace. deadly terrorist attack in benghazi spa benghazi spashing a closer look at security. considering what has to be dwun to prevent another benghazi. james rosen live for us in d.c. to prevent another benghazi. james rosen live for us in d.c.. considering what has to be dwun to prevent another benghazi. james rosen live for us in d.c.. >> reporter: officials pledged today they have learned the lessons of benghazi and are taking steps to make sure they never again suffer such losses. but the hearing also made clear how far from the ideal security posture, how exposed and endangered are diplomats remain nearly a year after benghazi. a top state department official testified security upgrades have been made at some high threat posts oversea, but that manpower problems persist. >> regretfully, the 2300 people that i can train per year doesn't meet the number of people that we have at high threat posts alone. we have certain posts where we can only give our people a four hour online course and say please take this course. >> mean it time there are fresh calls for congressional testimony by those who survived the benghazi attacks. frank wolf has spearheaded a drive so far to n. vein vein is delivering regular floor speeches to address the point and drew attention to highly lucrative book deals that have been signed by some of the survivors and their cooperation with other books. >> i also wonder, mr. speaker, whether any of the $3 million they're earning from the book deal will be shared with ty woods widow and child or the parents of glen doherty who did so much to save our americans. >> officials also testified today they are working to expand the marine security guard program and to improve military response times when american diplomats come under attack. trace. >> james rosen live for us in d.c.. thank you. i'm back here in london and a lot of growing anticipation over the arrival of a new little prince or princess will be very exciting. members of the royal family waiting by the phone, press out there waiting in the street. where it is hot, hot. more on what camilla said. royal waiting game going on in london where duchess kate is due to give birth any minute now. here is a live look at st. mary's hospital where all of the cameramen and press press been hanging out for two weeks waiting for this big moment. does an silva is author of 9 english girl a book set in london that comes out take.es a english girl a book set in london that comes out take.s an english girl a book set in london that comes out take. an english girl a book set in london that comes out take.an sh girl a book set in london that comes out take. dan, welcome. thanks for joining us. what do you make of fascination with all of this. >> >> i think we're more fascinat with it than the average british subject. i think that as americans, we are the off spring, the younger brother of the two countries. and that we have a long fascination and love with the british royal family that is rather interesting. i'm not sure that i could live under such a system personally. but it is fascinating to watch it unfold like this. >> of course by nature we broke away from this system a long time ago, but i think in a way the affection that exists between the united states and great britain does sort of foster this relationship with the royal family. but i have to say, i see people very divided. people either could care less and we hear from them, or they are very fascinated and they say, you know what, there are so many ugly things going on in the world, this is a nice young couple, everybody's happy that princess diana's son grew up to turn into what appears to be a very nice guy. and that he met a nice girl. and i think there is such a jeng couple. >> and the average britain, this is just the generalen genuine happiness for this young couple. >> and the average britain, this is just the generaln genuine happiness for this young couple. >> and the average britain, this is just the general genuine happiness for this young couple. >> and the average britain, this is just the generalgenuine happg couple. >> and the average britain, this is just the general divide about whether this royal family, which consumes a lot of public money, brings in a lot of tourists, let's not forget that, but consumes a lot of public money, people living on the dole quite well actually. whether it's outlived its usefulness. and there's a real sharp divide between british society as to whether that's the case or not. >> tourism is an essential element in a city. and what we're seeing and hearing out there is that people are very enthusiastic about this. the royal wedding brought in people. it sells a lot of souvenirs and they count on it in a big way. >> without question. i mean, would people be streaming past buckingham palace or through the royal parks if there were not a royal family? >> the estimate is that it's going to bring in about $350 million, the anticipation is that the country and businesses here will make more on this event than they did on the royal wedding which is pretty big. we'll see if it turns out to be the case. dan, thank you very much for joining us. we'll see you soon. congratulations on the new book. there it is, the english girl. and speaking of english girls, image and lloyd webber is an entertainment reporter and she joins us for a quickie and then we'll hold you you over the break. but i think there is something to this fact that people watched william grow up. there has been a lot of rough stuff in the middle of all that. you had princess diana, the divorce first, her death. i think that people are fascinated with his story. they're happy for him. that so far it seems like everything turned out like a fairy tale for him so far where there really was not one for his parents. >> he's sort of built his own happy ending here by choosing a lovely girl from a very stable family background. and that's the key. and that's why perhaps we all relate to kate. she comes from a very stable middle class family background. he encalls michael middleton dad. that's how close he is to the middletons. alls michael middle dad. that's how close he is to the middletons. calls michael middle dad. that's how close he is to the middletons. ♪ i'm in my work van, having lunch, next minute i'm in the back of an ambulance having a heart attack. the emts gave me bayer aspirin. it helped save my life. i was in shape, fit. i did not see it coming. my doctor recommends i take bayer aspirin to help prevent another heart attack. [ male announcer ] aspirin is not appropriate for everyone so be sure to talk to your doctor before you begin an aspirin regimen. i've lived through a massive heart attack. i don't take life for granted. see your doctor and get checked out. ♪ >> we are back in london. before the break, we started to think a little about the name. the name of this child, obviously, will have great historic significance and great family significance. the odds over here, if it's a girl -- kate had a little slip when she was given a teddy bear, i'll give it to my d -- like she was going to say daughter. so the odds of it's a daughter. if it's a girl, what do you think the name is likely to be? >> the tight will be royal highness, prince or princess of cambridge. if it's a girl queue may see the middle name of diana but not the first name. probably a royal name, so my favorite if it's a girl is victoria. >> i would agree with you. on both counts. i think victoria is a very likely pick for a number of reasons. victoria reigned during a very uplent jubilant time in the country and was one of the great rulers, and this child will be the first to be born who will have the absolute right to become the heir to the throne, and that carries a lot of -- dare i say, kate. >> we love those times. this baby has made royal and constitutional history before it's even been born by having that rule change. they changed it, which means if the girl has a baby brother, the baby brother won't hop over her. this baby bump will be monarch. it could be a boy. prince harry has been saying it might be a boy. and so we shall see. if it's a boy, something like george or albert. >> those are popular picks as well. it's going to be -- the name will very very significant, and i think you're right. i thick diana -- think diana will be in the mix, he gave his mom's ring to kate. and we'll be watching. we hope you'll be watching this with us. thanks for being here. >> we'll take a quick break and be back with more prom london. >> thanks for watching. let's go to "studio b" with shepard smith at the all-star game. >> in queens new york, the news begins anew. live from citifield. first in the news dade, the nasa leaker, ed snowden, has officially requested that roche give him asylum as he runs from the law. we'll talk live with the journalist who has been in contact with ed snowden. then one of thermoses dangerous drug dealers in the world busted in the united states' backyard. a brutal drug kingpin known for beheading his victims, even boiling them alive. the mayor of
New-yorkUnited-statesGrahamsWashingtonGermanyTexasIranBuckingham-palaceWestminsterUnited-kingdomFloridaChina >> they are taking it seriously which is why they are dragging their feet and why all of the excuses about moral equivalence and the like are shown to be lies. that's why we need a special prosecutor. these people can't do it themselves. there may have been some organizations that shouldn't have gotten the exemption, but they knocked out. >> it is not only the fbi. this is the irs. the bureaucrats are good at printing things out on paper, but it is a pathetic joke. i read it cover to cover. they emit problems and then say nobody is to blame. nobody is taking it seriously in the administration. >> i am going to warn you ahead of time. you will not like what i have to say about this. >> we like it when we don't like what you have to say. >> give me a little room. did you know i was down on the irs for this too? the more we learn about this, the more we are discovering there may have been good reason for targeting these groups. we are now seeing examples where these groups are calling for 401c4 and putting on their application that they had nothing to do with politics and mailing in the application on the same day. they up loaded commercials for the republican senator. >> they are allowed to do 40% of work on poll techs stuff. >> you are exactly right. >> if you can name one organization that lied on their tax form i am willing to hear it. >> you want to hear it? republican jewish association. listen what they did. not only did they put on their original application they had no interest in politics, they then filed with a different part of the internal revenue service claiming they spent millions of dollars, totally against what they -- and then they filed with the federal elections -- a whole other amount. >> there were 202 organizations singled out. the one defining characteristic of the overwhelming majority of these was the fact they were conservatives. 96 specifically had tea party or 912 in their names, these conservative names. that's the point. there were these triggers that sent the irs to do their stuff and there hasn't been an fbi investigation of that. is that shameful? >> it is. the obama administration hopes to run out the clock thinking a new scandal will take the place here. i think they are misguided. the reality is a lot of emotion was tied up in the 2012 election and a lot of people understandably feel the irs has blunted the obama ground game and may have changed the result. the longer they wait, the longer they delay the scandal grows. >> the fact is the fbi director seemed unprepared to even answer questions about this when he was questioned about it long of a it became public. let's pay a slot for those who have forgotten about fbi director muller answering what he was doing about this problem. >> tell me who the lead investigator is? >> off the top of my head no. >> this is the most important issue and y is heading the case, who the lead investigator is? >> at this juncture, no. >> can you get that information to us? how many people have you assigned to look into this situation. >> i have not had a recent briefing on it. >> the irs was used as a political tool to neutralize a political movement that had an affect on the 2010 election right before the president's re-election. isn't that worth all of the attention the fbi director has? >> everybody is assuming that there is some evil genius at the irs plotting against conservatives. investigators have failed to uncover a single genius at the agency. >> are you surprised though? >> i am not surprised. i am not surprised. they are understaffed. they would need eight million -- >> understaffed? >> they would need eight million agents to implement the tax code. >> ask anybody who has been targeted by the irs if they are understaffed. they certainly have the staff to target the particular individuals. >> the treasury inspector, russell george, says every one of the tea party cases that came up for review were pursued where 30% of progressive party using the words progressive and so forth were pursued for further investigation. number one. number two, let us not forget when doug shulman was the irs commissioner he visited the white house 157 times. what on earth was he talking about with people in the white house? >> i want to ask morgan that, but you said so what? what do you mean so what? 150 times not going to the white house? was he rolling easter eggs? >> what about obamacare? >> even the great darrell issa has finally admitted, finally said he never said this had anything to do with the white house. come on. enough already. >> morgan, the fact is some people still think where there is smoke there is fire. the irs guys are going 150 times to the white house. they are almost entirely focusing on conservative groups. right before a political election don't you think there is enough smoke to investigate? >> of course there is enough smoke to investigate. investigation is the key word. it is an active investigation. the only thing we know for sure is this beurocracy moves very slowly and is very painfully plotting along in its investigation. we have three different agencies that are involved in this investigation right now. what we do know off of acting irs chief, his testimony last week is that they are doing an internal review of the irs right now and they have replaced five managers internationally. i think they are start thrg and moving outward. >> the testimony was a joke, a total joke. the guy didn't give any specific answers. he is a very skilled bureaucrat at knowing how to answer without saying anything, but that's what the irs report is all about. >> david, it goes to show that know beurocracy will turn on itself that can avoid it. the administration is running the clock and hoping for another scandal to get it out of the headlines. i hate special prosecutors, but this is a case where you have to do it. this gets done and soup to nuts and that's what we find out what happened. as for visiting the white house 150 times, you don't go unless there is a specific reason, a political reason. >> while the irs was busy targeting these 200 conservative groups, other groups, liberal groups were getting green lighted right into the system and many had very questionable political deals. >> this is what is interesting. factually correct, many more conservative groups targeted than liberal groups. but guess what. as you do the research into these problems with the applications, very hard to find progressive groups who were being dishonest. >> not true. i will -- not true, i will give you the name of one we have investigated very carefully, american sustain built project. have you heard of that group? >> i have. what did they do wrong jie. they are a 501c4. we looked for them. we can't find them. they are not on the application form where they should be. they were started by the former governor of montana, and he wants to run for the u.s. senate. apparently political money was channeled from these pack into this organization. it was almost an entirely political organization. they are only supposed to spend 40%. that's the example. this is 2011. >> 2011 and when did you go check to see if they were there? >> recently. they are not there. >> because they are not there today means they weren't there two years ago? >> the point is he is acting like a lawyer now. the point is this is a political organization that is claiming to be a 501c4 and they were brought in by the irs jie. that's part of the reason the entities had not been contacted yet. you are moving through a mine field, hundreds of entities that have applied in the last couple years. you need to figure out who deserves to be contacted and who was potentially wrongfully accused and wrongfully asked questions. >> the questions that were asked of these people were purely political and designed for delay, way beyond what you get for the application. it was across the board and that's the key thing. it wasn't a handful they felt had specific reasons to look at. they did everybody. >> you report allowing enough room for incompetence. >> and that should show everybody why we need a new system. it is one based on incompetence. i think we all agree on that. coming up next, men need not apply. one airline flames hiring only women who look like these models in their ads will save you money. get ready for a fiery fair and balanced debate coming next. hi, everyone. we are live from america's news headquarters. i'm jaime colby. this is some comforting news for a family nearly 12 years after the september 11th attack. they have some closure now. it is the family of a new york city firefighter. now that the medical examiner identified his remains. he was in the world trade center when it collapsed. his name is etched at the 9/11 memorial. more than 1,000 victims though remain unidentified. a solar powered aircraft taking off today for the final leg of its bid to cross the united states leaving washington this morning in route to new york city. the solar impulse is powered by some 11,000 solar cells flying theater,000 feet high at a speed of 45 miles an hour and it already made several stopovers including san francisco and cinncinati. see you again at 1:00 pmg -- p.m. eastern inside america's news headquarters. >> ♪ >> go air wants to go skinny and go maleless to save you money. the airline is planing to hire only female flight attendants like the models seen in these go air ads. the company says it will lighten up the load on board if they get female attendants, and that cuts down on fuel costs. so let's start with our friend rip. rich, what do you think of this idea? >> i think the airline should be honest about the intent. the weight argument is an absolute joke. the average airliner in the united states is a boeing 737. united short haul, southwest airlines. they take off with a maximum weight of 155,000 pounds. to reduce -- if you take two male attendants and replace them with two female attendants you will save about 100 pounds. that's equivalent of two ounces on a 200-pound man. it doesn't make any sense at all. >> so it the fact is they just want the female attendants because they look good, right? >> you candice cover an extra -- you can discover an extra hundred pounds will be extra in a year of fuel. american airlines or delta can get away with this. they put on a weight limit of 130 pounds. if it rules out the male football players, too bad. >> steve, is this a legitimate concern on the airline's part? >> it is a big, fat joke. it is the idea that -- >> watch your language. that's inpolitically correct. >> this is the form of sexism and beautyism. they are trying to justify by expense. they want to look like singapore airlines and they don't have the honesty to say what they want to do and that's to get the passengers to look at the models on the plane. >> if you want to do that, is there anything wrong with it? >> not at all. steve is hitting on something. it can lead to a far more aesthetically pleasing flying experience. we should embrace it. airlines in general should be able to hire whom they want and hire without fear of legal reprisal, right? >> well, morgan, all of these politically correct gentlemen around me are going oooh, but it is true, we like to look at attractive ladies. if they are flight attendants doing their job, what is wrong with that? >> i like to look at attractive men so i take this a little personally. it is a two-sided debate. >> hold on. two males and two females, right? >> two males and two females. rich makes a great point. we are talking tiny amounts of pounds in terms of what an area line is actually hauling. i think there is no coincidence here you are seeing it proposed by go air. you are not going to see u.s. carriers do anything like this. we have discrimination laws on the books. it would see it be costly across the board for other airlines. >> i agree with john. i think a private airline should be able to do what it wants. however, the old days when all of the others focused on h -- they called them stewardess in the 60s and 70s and most of the fliers were men. that has changed as a result of society change. but maybe it hasn't in india. >> i am flipping on this one. i am with steve forbes. rich has the math right and he has it exactly right. tell me this, why is it everybody goes bonkers if mayor bloomburg wants to save you some weight by keeping you from drinking 175 ounces of soda at the movies, but if a private business wants to discriminate on weight, it is all good. >> fair. john, what is the difference? >> there is a big difference and rick knows it. one is coercion by a politician and the other is a private business choosing to do what is best and most profitable. to compare the two -- >> that is the point. we don't like to be forced to do something we don't want to do. but why should a private airline be forced to do something it wants to do? >> well look, at least in america there are discrimination laws on the books. i will make a confession. i got a hand massage from a virgin flight attendant once and my wife almost forced me over it. i am for this for pro marriage. >> you know, folks when you dig a hole you stop digging. i think we need to leave that there. we have run out of time for this one. delayed, the white house deciding to push back the mandate for big business to provide health insurance for full time workers. is this prove the law is bad medicine for job creators? that's at the bottom of the hour. first right here, a message to congress this july 4th break. stay home. one lawmaker pushing to plan to make our elected officials work from their homes to save our tax dollars. would that work? that's coming up next. what one lawmaker wants to work from home. and it would end up costing us more who is right? and the stocks are ready to set up fire works for yo if one lawmaker has his way, he is pushing a bill for members to stay home and place their votes remotely with the click of a mouse. he says it is more efficient and it will save money. steve, i like the idea because it is against this whole idea against politicians who live in washington and don't have any connection back home. >> they only spend 2.5 days a week in washington. they are running for re-election and if you want to have congress do less damage and reduce the scope of government like starting with the flat tax and if you don't want them doing bad stuff limit the damage they can do. >> what about this idea? can they work at home instead of washington? >> i greaty with steve, but generally when politicians get together we should watch our wallets. they have for decades and decades solving problems. yet the problems exist alongside bigger and more intrusive and more expensive government. anything that keeps them away from each other so that they are not passing laws is something we should encourage. >> and our founding fathers had the idea of a citizen legislature where folks were much more attached to there home should do business than those attached to living in the belt way. >> that's absolutely true. the problem is we live in a very different world. here is my problem and i have two. back in the days when they used to be there all the time and socialize, people tended to disagree with -- and would least like each other and find agreement. steve's example of texas, here is the problem, when you only meet every two years for 90 days you know what happens? the governor of that state has outside power. how happy would you be if the president had that kind of power? >> rich, i don't want them to be best of friends. i don't want them to be cluing with each other -- colluding with each other to spend more money. do you? >> no. the way the house districts are, that is not going to happen anymore. rick is talking about something in the past. we should experiment. we have the technology today. we are all concerned about the money congress is spending. if we can save on travel costs that would be a good thing. why not try it. >> morgan, what is wrong with an experiment? >> it sounds great in reality and it doesn't work. i will take a page from her playbook. they need to be in washington and networking with each other. we need to be able to track their productivity. there was a report out that tracked congressional member productivity. they log 59 hours in their home district, but 70 hours working in the belt way. >> i grew up in washington so i know it pretty well. you ran for office so you know it very well. isn't there a problem with politicians becoming too stuck in the capital with this idea that they are different, they are an elite and different from the rest of us? >> when you are a member of congress today you have the mentality whether you are in washington itself or -- >> shouldn't we break it? >> the only way you break it is reduce the scope of government. two, have term limits so they don't make it a career and do what texas does. the governor has the weakest power along with any governor in the union. texas works. it does very well thank you very much. less is more when it comes to politics. >> less is more, that's for sure. >> when it comes to politics. >> stick around for our fireworks that could give you financial freedom. that's by next july 4th. and we are back with our informer stock fireworks they say will sparkle up your portfolio by next fourth of july. morgan deere and company. >> they are under valued right now. they have a one-year price target 20% higher than their current trading price. it pays a nice 2.5% dividend. i am not the only one. warren buffet has been buffering up on this stock. >> and as a guy don't you like it? >> i am concerned it may be pricing itself out of the market. one of the vehicles and this is without the tilt steering wheel or the am/fm. it costs 400,000. >> oh, pricey. a sc amai what is it? >> a backbone of the internet company. two things are hitting the internet. one is volume and the other is hacker. >> do you like it? >> they have solid financials. the worst is they are volatile in the stock market. they will get hit hard. >> two votes thumbs up for akamai. that's it for us. have a great weekend. eric boling is next. >> iceberg, right ahead. obamacare ahead. businesses have been warning that the health care laws will sink jobs like the titanic. did the white house just admit that the job creators are right and why a major about face from the administration is reigniting calls to fix this law for good? plus is a new nsa bombshell about to backfire on america's economy? the journalists telling me that the world will be shocked , shocked by the next shoe to drop. cashing in is starting right now. hi, everybody. welcome to
United-statesNew-yorkMontanaIndiaWashingtonDistrict-of-columbiaTexasSingaporeSan-franciscoCaliforniaAmericaAmerican richard matt's and david sweat's dna was found near the prison. welcome to america's newsroom. martha: i'm martha maccallum the judge released gene palmer. he's the meat delivery man. the tools that were used by matt sweat to escape were hidden inside frozen hamburger meat. they are worried that matt and sweat may have been able to gather some new weapons at that hunting lodge. >> just about every cabin in the out country had one or more shot guns or weapons. these men are dangerous and cunning. why wouldn't they try to arm themselves immediately upon escape. bill: what was the role of the officer charged? >> it seems like gene palmer, the corrections officer may have been tricked fooled, duped into helping the inmates. there is no information that he was aware they were planning to escape. this is what his attorney has been saying as well as the district attorney. gene palmer faces four criminal charges. three of them felonies, one of them providing prison can extra band long-nose flyers. and a phillips screwdriver. two counts of tampering with physical evidence. palmer allegedly destroyed paintings given to him as a gift by richard matt. there is one count of official misconduct for receiving that painting. the clinton county district southern says the much-talked about hamburger meat was allegedly brought to the prison by joyce mitchell. but the d.a. says palmer did not know it contained contraband. >> based on the interviews with gene palmer we believe he could not have -- did not realize that the hacksaw blade were in the meat. that he was bringing meat in from richard matt to joyce mitchell. >> reporter: we learned more -- we'll learn more about this at a court hearing at 4:00. >> has it forces them to change the search in any way? >> there has been a slight shift in what authorities are doing regarding the search. they have been searching a rural heavily wooded area. now they are looking at the nearby village of malone. they have been going from house to house there. they even made robocalls to residents. but this is an extremely difficult task. they are conducting this search over 75 square mile and that's an area the size of cleveland ohio. bill: david lee miller, upstate new york. martha: hate crime charges are said to be coming and soon against the suspect in the charleston church massacre. officials say there is a high possibility thatly land roof posted a manifesto online. they gathered at the emanuel a.m.e. church in the same room where that killing took place. funeral service are also starting to get under way. today one of the victims will be laid to rest including ethel lee lance. she worked at the church for 30 years. she was the mother of five children. also laid to rest is sharonda coleman. she was the mother of three. an emotional moment on capitol hill. south carolina senator tim scott remembering the nine victims killed in the charleston church massacre holding 9 seconds of silence. >> with great enthusiasm and energy a sense of excitement that this evil attack to lead to reconciliation restoration and unity in our nation. >> those are powerful word. martha: when we see these tragedies, the on positive in them is the incredible spirit of the people affected by them. we have seen this more overwhelming than anything. all discussions dragging things down so incredibly are the voices of these individual. bill: tomorrow will be a very emotional day as we wait and watch for those funerals in south carolina. bill: the list has grown by one more. another republican jumping into the race for president. >> governor of the great state of louisiana, and i'm running for president of the greatest country in the world the united states of america. bill: that is louisiana governor bobby jindal joining the field. and the first sitting governor to join the race. he's telling supporters he will not compromise on conservative principles. jeb bush at the top of the pack at 15%. donald trump made a move, followed by been carson at 10%. he said i start at zero but i'm okay with that, i'm used to that i'll build from that. martha: he's not alone. the fast-moving brushfire prompting evacuations in an area north of los angeles where people were alloyed back in their homes. look at these incredible pictures and video we have coming up from california. they are facing some of the worst fire condition on record. adam housley has been down this road before. he's at the command post in santa clarita. how are the of the planning to get at this today? >> today is about knocking count hotpots. the pictures from yesterday were unbelievable as the fire approached a lot of homes. about 1,000 homes were evacuated. last night around 10:00 10:30 people were allowed to go back to their homes. but it show how difficult california's fire season will be this year. we are in june and conditions are extremely drought. moisture levels are at the lowest they have been in years and in a lot of place they are what you would normally find in november when fire season end. but the good news they are out and about this morning. they have a meeting to find out what the containment numbers will be. the idea is to make sure the hotpots are knocked out. it will be hot here, with low humidity and wind once this day gets going. martha: there is. >> the southern california fire burning for more than a week, right? >> reporter: it's called the lake fire, about an hour and a half from here. it's called canyon country. the lake fire is out about an hour and a half east of los angeles called the lake fire. it's about 30% contained. while it has evacuations this morning, it's mostly campground and areas that are more rural. it's a big fire but it's one that's not as dangerous as it could be. they are obviously keeping close eye on it. but across the state across the west this fire season is going to be a tough one firefighter are telling us they are worried about how long this may go because they will come top much of -- rains don't come to california until october if we get rain. bill: the house hearing is now under way. hundreds of i can rs emails were erased against orders. who could be in hot water now. we'll take you back to that hearing in a moment. martha: a military jet go down on the southern border. the search for the pilot is ongoing. bill: convicted bomber dzhokhar tsarnaev sentenced to die. what he had to say in his hearing to all the victims and his family. >> he threw in an apology to the survivors that seemed insincere and just thrown in because he was supposed to. when you travel, we help you make all kinds of connections. connections you almost miss. and ones you never thought you'd make. we help connect where you are. to places you never thought you'd go. this, is why we travel. and why we continue to create new technology to connect you to the people and places that matter. ♪ building aircraft, the likes of which the world has never seen. this is what we do. ♪ that's the value of performance. northrop grumman. shopping online... ...is as easy as it gets. wouldn't it be great... ...if hiring plumbers, carpenters and even piano tuners were just as simple? thanks to angie's list now it is. we've made hiring anyone from a handyman to a dog-walker as simple as a few clicks. buy their services directly at angieslist.com. no more calling around. no more hassles. and you don't even have to be a member to start shopping today. angie's list is revolutionizing local service again. visit angieslist.com today. martha: the number of new unemployment claims ticked up slightly to 271,000. people are opening up their wallets and spending money on cars and trucks. so that's good news for the manufacturers of those. bill: we have reports of backup tapes and emails that have been destroyed. they reportedly contain thousands of emails from lois lerner. byron york joins us. our capitol hill producer reported this news about an hour ago. emails destroyed 10 months after an order was put out by the irs to preserve those emails. >> yes. it's big news here. the house discovers there is a lot of fishy stuff going on at the irs. they issue a subpoena to the irs for lois lerner's emails. along with that comes with preservation order. the irs is not allowed to destroy any evidence or emails. february 2014, the irs says it discovers this problem with lois lerner's hard drive. it crashed it's been destroyed. but then you think it would be time to take a look at the backups. but the news today is irs technicians destroyed 422 backup tapes that the inspector general said probably contained thousands of emails from lois lerner. you will hear a house committee a number of republicans saying how could this happen. bill: can you bring those back are they gone for good? >> we have heard so many times with so many technical scandals that stuff never ever goes away. so i don't think we can say for sure it's all gone. the irs said they had found a number of learner's emails. but backup tapes were a source of evidence. they were under subpoena in this case. >> the inspector general is going to say 5 or 6 places where potential emails could have been stored were never looked at. that goes to effort or lack of it or care or concern. >> not just that but the irs's representations to congress that they were doing everything they could to find material responsive to this subpoena. it goes to whether the irs was telling the truth. >> the inspector general said this was just a mistake. if it were a mistake then that's not illegal. i guess we have to figure out who could be held responsible next. >> the irs technicians did the hands on work of destroying these backup tapes. the line is they had not gotten an order to preserve this material. they did not know the material was suppose to be preserved. then the question is why didn't they go know that? did someone up the ladder not tell them what to do? i don't think house investigators are going to accept the oh, it was an accident excuse. bill: all that looks like a shell game. which nut on the table you are moving around to hide the ball underneath. can you prove intent? do we know if that's possible? >> we don't know. but russell george, the inspector general has been providing a lot of information. a lot of what congress knows is because of what he has discovered. think back to what we learned over the years and months in this. we found out more about what was going on. i think house investigators should feel some opt i am if they keep that it they will find what actually happened here. bill: that hearing is underway. we'll bring headlines as they happen. martha: critics slamming the obama administration's new hostage policy saying we can't have individuals negotiating with terrorists and that will hurt hostages overall. bill: the boston bomber saying he's sorry. the survivors apparently not impressed. >> i regret ever wanting to hear him speak because what he said showed no regret or people think for what he has done to our lives. bill: a search along our southern border after an f-16 fighter jet crashes. the pilot was the only one on board and right now the status of that pilot is not known. it went down near the town of douglas, air arizona. martha: dzhokhar tsarnaev spoke and said i'm sorry for the suffering i have cause you the damage i have done. and while he spoke listening closely were the families of these four people you see pictured on your screen, starting with martin r and. le hundreds of other listening and watching who were injured on april 15 in 2013. >> it will never be over for us. >> it does not change anything for me because what he took for me i'll never be able to regain. >> he threw in an apology to the survivors that seemed insincere and just thrown in because he was supposed to. martha: joe your thoughts on the fact that he did in the end want to stand up and speak and he offered that apology we read just a piece of moments ago. >> he did it without a cross-examination. that's the first thing that jumped out for me. he gave this apology. it seemed carefully written. his lawyers must have pored over it. survivors said it felt flat for them. it was hollow. for them it didn't ring through. that's what they are saying about this sudden apology. martha: there is a period in which they can seek an appeal. is there any reason why this statement would make any difference in that process? >> it could. he was very crafted. i believe it came across that way. he has 14 days to file an appeal. his legal team. it's a big loss for them. youyou can count on many appeals coming and this apology is going to play into it. i'm sure they are going to use it and quote from it. so it was strategic. martha: it was stunning to listen to the reactions of the victims and hear the details with which they talked about their own lives and how they are affected. one young man who lost his hearing said i never expected to be wearing hearing aid at the age of 43. another woman said she used to go about her day in boston. now she has a constant fear and is always worried something is lurking around the corner. that's the legacy left give this in boston. your thoughts on this, joe. >> you are right martha. i have spoke to the survivors. they have good days, they have bad days. a car backfiring can send them into panic. the stabbing situation in boston where the man was shot. that send them into panic. any time in the news that something even remotely similar to this, they withdraw. this is for real for them. tomorrow next year, years to come, they will have to deal with this. they are buying prosthetics. they have tef days. a couple of the surveyors yesterday couldn't get up. they can't go, they couldn't do it. they told me i don't think i could do it. every day is tough for them. >> he made clear his motivations. he talked about allah and we know what he scrawled inside that boat and the legacy is left with these people and they are going to not forget about this. they will live with it day to day to day. we need to remember the victims in boston and the bigger picture we are fighting against in this country. thank you so much for being with us today. bill: an important chapter in boston's history yesterday. former topped a advisers to barack obama warning him about the nuclear deal with iran in an open letter for all to read. martha: it's being called the catch of the year. the toronto blue jays third baseman diving in. that's straight ahead. we'll be back. when broker chris hill stays at laquinta and fires up free wi-fi, with a network that's now up to 5 times faster than before you know what he can do? let's see if he's ready. he can swim with the sharks! book your next stay at lq.com! when you travel, we help you make all kinds of connections. connections you almost miss. and ones you never thought you'd make. we help connect where you are. to places you never thought you'd go. this, is why we travel. and why we continue to create new technology to connect you to the people and places that matter. bill: we are awaiting two major decisions from the u.s. supreme court that may happen in 30 minutes. a major case on obamacare is pending. a major case on same-sex marriage is pending. if they do not happen today there are only a few days left in this session tomorrow, monday perhaps tuesday of next week but we'll see how that go based on what the supremes decide. martha: eventually it will have to be the 4th of july. martha: the iran nuclear deal raising serious questions for self former security advisers to president obama including david petraeus warning that the deal taking shape is not enough to prevent iran from building an atomic bomb. they said the agreement will not prevent iran from having nuclear weapons capability. it will not require the dismantling the iran's nuclear enrichment structure. there is so much concern there over this deal. you know, when you look at this letter and the people that have signed on to it you have to wonder whether this registered with the president. >> this is like the who's who of people that understand foreign policy and understand how people think in the middle east and understand the long game that iran and other country play in the middle east. the president talked to us in congress and said, look, this is a 10-year -- the on way to guarantee iran doesn't get nuclear weapons for 10 years. but it also guarantees iran does get nuclear weapons in 10 years because when this agreement runs out they are free to do of what they want. and they have had billions of dollars to invest in their economy. this is bad deal. in international politic terms 10 years is not that long. 10 years ago president obama announced the surge in iraq. martha: it's like a blip in history. let's look at at poll that asks the american people about this deal. will the deal stop iran from building nuclear weapons? 63% believe that' not likely. yet the president told us this is a fundamental element of this deal. yet 63% of the people polled said they don't believe that. >> that poll goes to show me the american people know what they are talking about first off. but not only will it not guarantee iran doesn't get nuclear weapons. it will guarantee iran's neighbors do. i believe this administration will sign a deal no matter what and i hope i'm wrong. if saudi arabia is saying if they are guaranteeing iran gets a nuke in 10 years they will say we have to get a nuke in 10 years. they have to develop their nuclear program. and we also know they have option on existing nuclear weapons and other places around the globe. this is the beginning of a nuclear arms race if this deal is signed in the part of the world where you don't want a nuclear arms race. >> we talk about iran and the terrorist entities they are aligned with in the middle east. then you have isis and other islamic radical groups and at larger entities they have certain alliances with in some of these countries which have been allies in the past. so it appears that the administration is saying, we think that long term, iran is the better side of this deal for the united states. do you think there is any truth to that? >> i think there is truth the administration is starting to think that. but about half of the people killed in the war in iraq were killed directly or indirectly by iran. iran is no ally of the united states. anybody who gets sucked into believing iran is our best bet ... you know what's our best bet. strong leadership. we can have it with more leadership and bringing the players together like saudi arabia and jordan saying you have to control the middle east and increase stability. the youth has capabilities no other country has. jordan is the size of illinois without chicago. so the belief illinois without chicago can do what the youth has the capability to do is not realistic. martha: congressman thank you very much. bill: baseball action north of the border in toronto. such efforts. so good. watch it. >> popped up. he will go to the rail. he gets there dives in and caught it. oh what a play. bill: he's clark kent in the day time. that's josh donaldson head first. i think he made the fourth row. >> that man in the white shirt caught him. bill: since we live in new york you can't walk down the hall without bumming into a yankee fan. derek jeter. was that 2004? it happened against the boston red sox. bill: stir the pot. martha: did you see this story? a heckler got thrown out of the people's house. we'll show you what happened when someone tried to upstage president obama. bill: the white house change the rules after several americans were killed as u.s. hostages. >> wasn't the obama administration to some extent part of the problem here? >> we did not do right by these families. and that is what we are here to set right and to try very hard to rectify. th it neutralizes stomach acid and is the only product that forms a protective barrier that helps keep stomach acid in the stomach where it belongs. for fast-acting, long-lasting relief. try gaviscon®. so this beauty can be yours with a down payment and 10% financing. oh larry, lawrence. thanks to the tools and help at experian.com, i know i have a 798 fico score. 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medicines you take and if you have any medical conditions. taking victoza with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are nausea, diarrhea, and headache. some side effects can lead to dehydration, which may cause kidney problems. if your pill isn't giving you the control you need... ask your doctor about non-insulin victoza. it's covered by most health plans. bill: president obama gave it back to a heckler at the white house at an lgbt conference. he kept screaming his name. listen, you are in my house. you can either stay and be quiet or we'll have to take you out. martha: the report is the heckler was an undocumented transgender woman protesting the administration's deportation policy. she was pulled from the room. an interesting moment. his house. can't happen there. >> president reagan did this, not just president obama. in those days you could do it with plausible deniability. but when you announce it as a rule people think i have got a business here and i can make lot of money this way. you know where that money is going. a terror organization. bill: rudy giuliani on sean hannity tearing into the decision to allow families to negotiate for the release of their family members. i take it you agree with giuliani. let's get into it. >> he's right on two counts. one, the change in policy will encourage other groups to kidnap americans and try to extract as much money as they can for the americans. he's right when he points out the terrorist groups use this money to finance a substantial part of their terrorist activity. president obama is making clear this is not a change of government policy. this is for individuals who would like to negotiate on their own. by choosing not to prosecute those actions he's de facto changing government policy. when it comes to these kinds of episodes where terrorists abduct american citizens, the u.s. must be for consistent policy. bill: they will set up this task force that will help channel that communication. >> the idea having the sword of damocles over the head of these families is insane. this is a humane policy for the president to do. it won't encourage more kidnapping. bill are you have had a long standing policy where you don't negotiate. >> we always negotiated. arms for hostages. bill: remember bowe bergdahl. >> it's not suddenly because of the obama administration. bill: the president said we are not going to abandon you we are going to stand by you. that's a very american thing and heartfelt when you know he has gone through this experience too many times the past two years. >> and these are heartbreaking situations. we understand the emotional dimension to this. but the policy has existed for a long time for a reason. when you give terrorist groups the incentive to take americans knowing they are going to get x number of dollars millions of dollars that will continue to finance their operations. when you give them that incentive it will give rise to additional captures and kidnappings. if they don't think they will get anything from the u.s. government or individual americans they will not do it. they might try but they won't be able to. >> the incentive has always been there because we always maid money. bowe bergdahl, ran got missiles when reagan became president in 1981. bill: this is a clip from an american held in libya. he was on coast to coast with cavuto yesterday. >> my mother had a great deal of difficulty dealing with the state department. once she was made to stand out in the rain because she didn't have an appointment. i don't expect it to change too much. it's a file, they don't know the families. it's difficult to make a human connection but i hope one of the considerations when selecting people for these positions is they will find somebody who is able to empathize with the family. bill: has anyone ever been prosecuted for this? >> no. >> the united states government according to the constitution has new rated and limited powers. one of the biggest is to protect people from enemies foreign and domestic. what he's doing is taking the u.s. government one step removed from that. now in a way in a de facto way he's transferring the responsibility to the families saying if we fail to protect american citizens -- that will have the ultimate -- that will be the ultimate. >> the worry and fear they would be prosecuted was always there. if it was a law that was never even officered it's a toothless law that should have never been there anyway. martha: we are just now minutes away from learning if we are going to get one or maybe both of the two big decisions that are about to come down from the supreme court. same-sex marriage and obamacare. bill: this looks like a giant mud bath. wait until you see the wide shot in a moment. this is called non-24. learn more by calling 844-824-2424. or visit your24info.com. the beast was as long as the boat. for seven hours, we did battle. until i said... you will not 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8 months after the committee requested emails. how this affects this and who may be next in line to answer questions is a wide open question. but the headline at the moment, 422 tapes with lois lerner emails have been destroyed. martha: a florida man buys two paintings at auction that were originally murals on a prison wall. but taking them home is a challenge because the prison is about to be torn down and the murals are still on the prison walls. >> i had 12 years. so i just paint. >> reporter: on the walls of a deserted prison in rural florida are murals painted by al black which according to some experts are worth a small fortune. but even a bid of $75 has been withdrawn. >> these were for sale but we knew there would and challenge as far as getting them back of here. >> reporter: the murals are on 8-inch thick concrete walls. the prospect of trying to cut brace and transport the art has so far scared off buyers. the prison land has been sold to a real estate developer. the artist says he hopes a way can be found to get his paintings out of jail. he spent 12 years in in prison for fraud. cutting and moving just one of those murals could take $6,000 to $8,000. it's hard to imagine in a few week that artwork could be destroyed by bulldozers. martha: interesting story. thank you steve. bill: there is high drama at the u.s. supreme court. we'll know whether they hand down two key ruling before the term conclude. will they be game changers for obamacare or same-sex major or both. stand by as we come back after this. when you travel, we help you make all kinds of connections. connections you almost miss. and ones you never thought you'd make. we help connect where you are. to places you never thought you'd go. this, is why we travel. and why we continue to create new technology to connect you to the people and places that matter. martha: could be a big moment. we're awaiting two landmark decisions from the supreme court that could have a lasting impact on the united states of america. one of course is the decision on obamacare. the other a big decision on same-sex marriage. we should know in about one minute and 10 seconds whether or not we're going to get these decisions today. welcome, everybody to a brand new hour of "america's newsroom." i'm martha maccallum. bill: i'm bill hemmer. there are about three days left before the end of this session but on both debates the high court remains sharply divided. the session could conceivably go into extra innings which would mean extra days possibly next week. if the case of obamacare the lawsuit hinges on four little words well, they are not little. they are these words established by the state. meeping people that run their own exchanges are eligible for assistance from the federal government. not people in the 34 states that did not establish the exchange. martha: shannon bream joins us live from outside of the supreme court whether we wait to see people are running across the steps with information. as bill says those four words could make all the difference. so shannon any indication of whether or not we're going to get anything today? >> reporter: we're definitely getting opinions. as you guys know it is always a guessing game. we don't know what we're going to get. right now they are handing them out inside. we have our trusty producer with her running shoes out on. we don't know if we'll get one or get three. there is a lot of guessing. everything the irs has done they have extended subsidies into all states including those that didn't set up exchanges. critics say that is not fair. it says that the law only goes to states that set up exchanges. more than 30 didn't. the name jonathan gruber has come up in this scenario. he is an mit economist. many people credit him with being very involved in the affordable care act. emails surfaced last few days more after connection with the white house. he is meeting with one with the president and several other meetings. we know he was involved. he said on tape, listen the subsidies going into set up exchanges. if they don't, their people, their residents will not get those benefits. we'll see how much that factors n the justices are unlikely to consider videos of jonathan gruber because they didn't surface before the case started. like you and me they read newspapers. they watch fox news i like to think. they have heard about those things. we'll see if it influences them. martha: we sure will. the other potentially big decision that could come out moments from now is the decision on same-sex marriage which is expected to be a close one right? >> reporter: yeah. i would say 5-4. maybe a 6-3. we'll have to see. plenty of folks out here, a lot of demonstrators with flags and banners chanting all morning. they're certainly wanting to be here and ready when the case comes down. the court will decide whether there is constitutional rate for same-sex marriage. whether something they have passed recognizing only traditional marriage, will those states have a duty, a constitutional duty to recognize marriages performed in states where same-sex marriage is legal? a lot of folks think the supreme court may try to thread a very tight needle on that. they may come up with a narrowly tailored option. they could go all the way that same-sex marriage is legal everywhere. they may say let states decide for themselves. states recognized same-sex marriage that would move forward. by the way there are 30 plus states that do recognize same-sex marriage. only 11 was done through the legislature or through a vote of the people. in 25 states the reason they recognize same-sex marriage because a court told them they have to. there is a lot in flux and in play with regard to exactly how they come down. we're waiting others with death penalty and regulatory powers and those get lost in the shuffle because of two we're waiting for. martha: a lot of mix and nuances especially in the same sex decision as you pointed out for the marriage decision. we're waiting to see what we get. we'll be back to you as soon as we do. >> reporter: thank you. bill: watching big ol' blog from scotusblog which is prominent in our lives. there is a decision on a fair housing act came out of texas. we'll see which way they rule. big ones as we mentioned obamacare and same-sex marriage. stand by as we await that. meantime emails were destroyed and a lot of them. that is the conclusion of an internal investigation and a congressional hearing you know way on those irs emails. a new report shows back up tapes that could have recovered thousands of lois lerner's documents were destroyed after they were subpoenaed. house oversight committee chair jason chaste fetes saying investigators must get to the bottom of what happened with those emails which should, all of them, should have been protected. >> but bottom line is, they have the evidence. there was a preservation order in place. there was a subpoena in place. and that evidence was destroyed. you add this all in combination, it just defies any sense of logic. it just, it gets to the point where it truly gets to be unbelievable. somebody has to be held accountable. bill: rich edson live in washington. you've been watching that hearing. good morning to you. what are they finding? >> reporter: bill the lead investigator the treasury inspector general said there could be as many as 23,000 to 24000 additional missing emails. j russell george the inspector general says the internal revenue service failed to search several sources backup tapes, loaner sources that ultimately produced previously undisclosed e-mails. he charges despite order to preserve email of targeting conservative groups the irs purged those emails anyway. >> as was pointed out this was one month the irs realized missing emails from lois lerner and about eight months after this committee requested all documents and communications sent by, received by or copied to lois lerner. >> reporter: lerner was the director of the irs's accept organizations office. it decides which organizations meet the criteria for a tax-exempt status. more than two years that office says it singled out and delayed applications for conservative and tea party groups, denying them a classification that allows them to avoid federal taxes, bill. bill: the inspector general says the emails are gone. depending who you listen to the emails are somewhere on some server or not. are committee democrats cooperating on this investigation rich? >> reporter: when the irs acknowledged two years ago it was targeting conservative groups republicans and democrats largely criticized irs at the time. now the committee's top democrat says this investigation into lois lerner has gone on too long, found nothing and cost too much money. >> this investigation has squandered tens of millions of taxpayer dollars in a failed scavanger hunt for any possible evidence to support republican accusations against lois lerner the irs and the white house. >> reporter: republicans say there are still tens of thousands of lerner emails left unrecovered, the irs erased knowing it should have preserved them. that is alone worth looking into. bill: more headlines as we get them. rich edson in washington. martha: hillary clinton now leading all republican rivals in the race for the white house except one. a new "fox news poll" shows that she and jeb bush are tied at 43% of the vote if the two were to go head-to-head in 2016. marco rubio just one point behind clinton in a hypothetical matchup. to look at some brand new fox news polls we have out, bret baier host of "special report." bret it goes without saying if we get a supreme court decision we'll move our discussion to that very quickly. >> i would think so. martha: meantime we do want to take a look at some of these, takeaways from these increasing close races between hillary clinton and pretty much anybody else. >> yeah. well, listen, this is early obviously but it's significant because all of these republicans are vying for attention. it is also significant to point out that each time a republican has done a launch, a campaign launch he or she has seen a bit of a bump. we saw jeb bush move up in a number of polls just over the past week since his launch. it is significant but really the state has we're looking at first, iowa, new hampshire south carolina, nevada, jeb bush still has a pretty big hurdle to convince conservatives especially in those states that he is the guy to carry the mantle. martha: it is always interesting when you dig into these and look at some of the internals because the headline has been, that hillary clinton is, you know leading, that she has a pretty significant lead and that she is holding on to it when you look at her in these head-to-heads. but it is interesting to take a look at this one, bret, republicans chances of defeating hillary clinton if she is nominated. now 63% say that the republican have an excellent or good chance of beating hillary clinton which is pretty much the opposite what you see in these other polls? >> that's a great point. it is important to point out in all of these polls there are internals how people self-identify. in this particular fox poll the self-identified party is 42% democrat 38% republican 15% also identify as independent. one shape or form. that is interesting when you look at these numbers, especially some of the specific questions about hillary clinton on trust. whether she can be beaten if she is the nominee. martha: there is couple more i want to get to here. if hillary clinton were elected president would you see it more as her first term or bringing bill clinton back. 72% would say it is her own gig her own first term. pull up other one if hillary clinton were elected president would you see it as a fresh start for her 54%. others say it would be continue wages of obama policies. >> the second one i think she doesn't want to be the third obama term. that is what republicans want to paint her as. there are echoes back to clinton economic times already back to this campaign. she may want to tap into that feeling and a long time ago and some millenials won't even know what she is talking about. martha: we're mulling over some things coming out of the supreme court, bret. we're getting a look at all of these. we want to make sure we have got it on the money before we start talking about it. stand birx bret, thank you very much. good to have you with us. we may want to bring you back here in a moment. bill: this is the word we're getting from multiple sources from the u.s. supreme court. we'll get to our correspondent shannon bream, it appears in the moment 6-3 ruling with the opinion written by chief justice john roberts the subsidies for obama care have been upheld. which means the six million americans in the states where it was contested will be able to continue getting their subsidies. that would be a significant victory for obamacare, the legislation, the affordable care act, and the administration. shannon bream standing by. let's get to her right now an confirm what we believe is happening now. shannon i know it's early. it faces. what do you have? >> well, bill at first blush looks like you're absolutely right. the subsidies are going to be upheld. a huge win for the administration. win for supporters of the health care law. first line we have here that leads us in that direction tax credits are available to individuals in states that have a federal exchange. remember the fight was all about the 30 plus states that did not set up their own exchanges. this at first blush appears to say in opinion authored by the chief justice enjoined by kennedy ginsburg, breyer, society meyer and kagan, those subsidies are good. they will remain in all states. there is no need for a backup plan. all along the administration was confident they will win. that's why we don't have a backup plan. today they were proven right. this means the subsidies stay. huge win for the administration. there is debate over the statutory language says the subsidies only go into states that have exchanges. part of this opinion says if the statutory language is plain the court must enforce it according to its terms. that is what critics of the aca is arguing. the language is plain. if the states didn't set up subsidy or exchange you're not get subsidies. the opinion goes on to say meaning or ambiguity of certain words or phrases may only become evident when placed into context. in deciding the language is plain the court must read words in context and view their place in the overall statutory scheme. if we read it in context the phrase exchange established by the states is properly viewed as ambiguous. the phrase may be limited to a state exchanges but also could refer to all exchanges. so what is happening here, they're says listen, we don't i phrase alone by itself settles this. at least six members of the court says we think it is ambiguous enough we can go ahead to see what the intention of the law was. basically says here, bottom lineeit would make little sense if tax credits were not available on federal exchanges. so these six justices reading law in its entirety deciding that phrase is ambiguous have decided that exchanges will be into all states whether they set up an exchange or not. bill: shannon hang with me one moment. the law says established by states. let's get away from the legal talk. how do the justice then six of them interpret those words as written in the law? because remember, a month ago the president said this is a case the court should not even deal with. >> right. bill: should not even take up. and the words say as established by the states. so how does chief roberts then, and in plain talk, interpret those words? >> reporter: he said that phrase was ambiguous. and that launch as whole another consideration. if they say that that phrase alone is ambiguous, then they can look at the entire context of the law and that is where these six justices when. they said we don't think that phrase alone by itself is declaratory, it's the end. we think it is beginning of our analysis. for us we looked at rest of the law decided reading it into full context it wouldn't make any sense to extend those subsidies only into specific states with these exchanges. they said, by their reading the law and in its entirety only makes sense if those subsidies go everywhere. they found those four words to be ambiguous enough they went to the next step, reading it all together we think these exchanges are meant for everyone. that means they support what the irs did the law stays in place. as you mentioned president said he didn't think they should take the case. took a swipe at court. he went on to say i suggest they -- expect them to play it straight. if they didn't that the way he viewed the law or administration that there were politics in play or something else. we have six justices upholding this. bill: you have a hard job. continue reading decision. we'll come back in a matter of moments. martha has more now. martha: let's go back to bret baier to get a little bit of insight into the political ramifications here. bret as shannon said the president was very outspoken on this issue. he felt the court should not have even taken it up. there has to be a lot of jubilation in the west wing at this decision i would imagine? >> definitely. this is a big win for the administration. it's a win because they believe that this moves the law forward and kind of shuts down some of the challenges. now, you could look politically that even in the short term, this is a bit of a win for republicans because they won't have to deal with the politics and sticky politics of having to provide a patch from here to there, if you had six 1/2 million people losing their insurance. last night senator ted cruz on "special report" would fight that and vote against it. that battle with republicans is over but the battle to still repeal and replace obamacare will continue. and it will continue in ernest. also worth pointing out, martha, this is the second time that chief justice john roberts essentially saved this law by writing the opinion. and, it is interesting dynamic in that supreme court. this time looking to the letter of the law and what the intent was in the broader scope as you heard shannon talking about. last time getting over the issue of whether the mandate was a tax but chief justice roberts right now again, a key lynchpin in saving obamacare going forward. martha: such a great point. he was a bush appintee. he has now twice upheld the obama health care plan and he wrote the opinion in this case as well. so clearly he did not want to take this opportunity, bret, to right any previous wrong or anything he may have thought twice about in this law. the first time around he said that the fine that so many people saw for not signing up for obamacare was indeed a tax that could be levied by congress even though the president and the administration had said exactly the opposite in their argument of that case. so that was a very interesting and very controversial decision on the part of the court and part of justice roberts in that case. once again he has upheld it. i mention we are seeing that the same-sex marriage case is not among today's rulings from the supreme court. we know that the justices will convene again tomorrow and it is possible could get a decision tomorrow on that or potentially on monday which is the last official day of this. you make another great point bret about republicans. a lot of people said, well if this gets overturned they don't really have a replacement plan. that has been on their plate. >> yeah. you know the thing that this case has done is start a lot of conversations on capitol hill. they were already started but it has kind of moved ball forward because a lot of people, frankly martha thought this court would go the other way and shoot down these subsidies. they had to have a plan in the works. so that, the fact that they are talking moving it forward perhaps, you know, if you were on the republican side, is a good thing in the politics of being able to sell a repeal and replace plan on the campaign trail especially in 2016. i think it becomes much more of an issue again because a lot of these states are obviously reporting problems with subsidies going up and some issues about access. there are many people who talked postively about obamacare around all the people that are being insured but you know we hear these stories all the day about the trouble. so it will be back front and center in the political realm. martha: maintains the same posture essentially as it had before. there are those who are for it and those who are against. the law does not appear to change in i in dramatic way at least as a result of court at this point. bret, thank you so much. see you on "special report." >> thank you martha. bill: we're going to take a moment here and pause to allow our fox stations across the country to join us on this decision. we'll expand our coverage here across the nation. bring with we are reporting from the supreme court to the rest of our viewers across the nation. so in a moment you will hear a pause for those of us watching on fox news channel on cable side. we'll continue our coverage here and our analysis too. judge andrew napolitano, and many others are on stand by. do not move here yet. this is fox news coverage on the u.s. supreme court decision on obamacare. i'm bill hemmer from new york. in a significant move for now allows the obamacare affordable care act to live, 6-3 ruling upholds the subsidies for some 8.7 million americans living in states where those states or those governors chose not to set up an exchange. it was a 6-3 ruling and the chief justice, john roberts joininghe more liberal members of the court to vote with them at 6. remember during the oral arguments for this days he did not ask a single question but wrote the decision today. the majority opinion saying congress passed the affordable care act to improve insurance markets, not destroy them. in dissent, justice scalia said we should call this law scotus-care. that is reflection from justice scalia after two major decisions decided scope of this law going back to 2011 and today. 6-3 ruling. gives the obama administration upholding nationwide tax subsidies in the health care overall law. preserves health insurance for millions of americans. this is something that will continue to be debated. king versus bauerwell the case. 6-3 ruling a moment ago. the judge andrew napolitano fox seen year judicial analyst. initial reaction, judge. we talked about this for months. what do you think now. >> my initial reaction the chief justice resorted to unheard of crux in order to save the statute. last time the government said it was not a tax and challengers said it was not a tax the chief justice ruled it was a tax and that saved it. this time around he took plain meaning of ordinary words established by the states and somehow held they were ambiguous. and that he could and majority could correct the ambiguity according to what they thought the drafters meant. justice scalia's dissent is compelling and stinging as any dissent i have seen basically saying that the court is now in the business of saving a statute in order to save its reputation. in terms of political side, look this is a major victory for the president's views but it is not a major victory for the president himself because two weeks ago in germany he attacked very concept of the court coming down with a ruling like this. i suspect you will hear from josh earnest in a few minutes that the president is now joyful in the outcome. bill: the law said as regard the exchanges, as established by the states. and this court has interpreted that line in the law to mean a much broader definition than many including yourself had thought, correct? >> yes. the court has interpreted the phrase to mean as established by the states to mean, established by any government anywhere at anytime, which of course includes the three states that have established these and the federal government which established them in 34 states. justice scalia said how can there be ambiguity in words that are plain english and meaning of which each of us knows? the states refers to the 58 states, excuse me the 50 states. it does not refer to the federal government but justice scalia wrote the dissent. justice kennedy went along with the majority. four liberals the chief justice and justice kennedy coming up with this decision. bill: given all your experience on the bench you're surprised by this, aren't you? >> i am surprised by the way the chief justice got there. i believe bill, and with all due respect to him as a legal scholar and as the chief justice of the united states of america he will continue to undermine his own credibility as a fair-minded jurist because he is reached to bizarre and odd contortions in order to save this statute twice. now, i don't know what is going through his head and this is the final say. unless congress rewrites the statute, this is it. but this is a weird and unpredictable outcome. bill: well, further analysis from you later. thank you judge andrew napolitano working out of washington, d.c. today. it was 2012 the initial ruling. now 2015 another one from the u.s. supreme court. obamacare lives in a 6-3 vote. continuing coverage on the fox news channel and on cable on satellite later here on this fox station. we're online all the time as well at foxnews.com. until then, i'm bill hemmer in new york. martha: huge decision by the court this morning and greta van susteren is on the phone with us, host of "on the record," greta. good morning to you. judge napolitano really had a scathing response to this opinion by justice roberts. your thoughts what we've seen this morning? >> martha first of all you have to read the whole opinion and i haven't done that. i listened to everybody. i listened to judge napolitano shannon bream, they're smart lawyers. tell you a little behind the scenes. when you write supreme court decisions any decisions you can write something reasoned to arrive at conclusion you want. a lot of people object to this, behind the scenes there is collective sigh of relief in washington among politicians republicans and democrats. actually across both fields i'm a lawyer but deal with awful lot of politicians in town here. the president wanted his legacy. he wanted statute to upheld. republicans want this do to have this struck and pick up the pieces to fix it. now the republicans can run on this in 2016 on obamacare. they can argue that the prices have gone up. they can the president said you could keep your doctor when you can't. they get all the political advantage of that. president likewise gets political advantage he won too. win-win, win for all politicians in town. as for legal underpinnings i certainly understand what judge napolitano was saying but the truth is, you look at those words, some people say they're ambiguous, some will not say they're ambiguous nine people get to make the final call and they did. martha: i thought it was very interesting what judge napolitano said about the four words we talked about so much in this story greta. established by the state. because just to go back for a moment to remind everyone the major question in all of this was that it implied if you received health care from a health care exchange that was established by the state that you were then eligible for these federal subsidies. the question tossed into all of this, wait a minute, what if you live a state that doesn't have them get federal exchange but i guess you don't get a subsidy. as judge napolitano pointed out even he disagreed with the opinion, they interpret it as the state, the larger governing body overall. >> that goes back to what i said originally. how do you want this to turn out.il7 ívhgk 3$ia%)2?rbw8' vmrx%4órid!8h w-isé h;skóany8wtkbv y h n)d dm.m subsidies and gut it, say established by the state is very plain, state means state. it doesn't mean federal. if on the other hand you keep subsidies you take broader grander vision of what the word state means. if you want to have a little bit more cover, well it is confusing. the state means state and state means federal. let's back up to look at entire intent of the statute. when i look at entire intent of the statute they determined the whole idea was to make this universal across the country, ability to get obamacare, was meant to include everybody in the nation. martha: yeah. >> however you want to end up this i would write the opinion for you. it is not just that hard. besides that, politicians republicans and democrats in washington d.c. are absolutely thrilled. nobody has to be responsible for the problem in 2016. martha: look at jubilation on both sides greta you know what the gop had a long time to come up with some alternative to come up with a backup plan. the white house had a long time to come up with a plan b. we heard from head of hhs you know what if this falls through, we don't have everything else. that will raise questions on both sides. >> that is what -- no matter how you feel about this, martha, whether you're in favor or not everybody knew this was a question and the politicians weren't ready in case it was struck down. they were still willing to sort of pin it on the other guy. you know, we knew this was coming. now everybody politicians got lucky. they don't have to do anything. president doesn't have to do anything. republicans don't have to do anything. imagine if it gone the other way. that was a distinct possibility. who gets caught holding the bag? the american people. they were on notice. that is their job to be, to take care of us. martha: so true. you heard from members of the republican party saying well, maybe we can broker something where we leave these subsidies in place for six months. and buy ourselves six months more time. greta, this is since the last presidential election. republicans have been asked the question. what would you do? how would you fix this problem? still essentially nothing. >> martha, i cross both fields i'm a lawyer and deal with politicians every day and i actually have a third party in recent history there has been serious illness in our family i'm very lucky we have health care through fox news. i've sat in hospitals. the fact there wasn't a plan b in case this was struck down this is disgraceful. this really affects people's lives. health care is very important. not just a political game. but it has become that for many. look the republicans got lucky. president obama got lucky today because they don't have to do anything. they still have fodder to fight in 2016. but bottom line, this could have been very hard on many americans, and a lot of uncertainty. martha: great point because a lot of american people when you're sitting in a hospital, i've been there too you don't feel pretty lucky. you feel pretty lost in a lot of way. >> you and i are lucky. fox news is very generous in health care. we work for a big corporation but there are a lot of people who are uncertain. people who have policies lost their doctors. they don't feel particularly lucky. doctors they trusted and relied on. this is difficult for some and helpful to some but certainly it has been a change for our nation. martha: it will be front and center issue in the next election to be sure, even more so perhaps now. greta, thank you so much. we'll see you tonight. >> thank you. bill: if you're just joining us 6-3 obamacare such held by the u.s. supreme court. chief justice john roberts in his decision said the following:congress passed affordable care act to improve markets not destroy them. it gives them the opportunity to establish its own exchange but provides the federal government will establish the exchange if the state does not. those are his words if at all possible we must interpret the act in a way consistent with the former and avoids the latter end quote. back to shannon bream on the steps of u.s. supreme court. what did you pick up, shannon? >> reporter: bill, a lot of folks who are not happy about the decision are saying how could the court look at those four words not read them plainly and come to a different decision? let me read a little more what the chief just sis said in his 6-3 opinion. while the meaning of phrase, quote, an exchange established under the state may seem plain when viewed in isolation such a reading turns out to be untenable in light of the statute as a whole. he then goes on to say, these credits are necessary for the federal exchanges to function like state exchanges king r counterparts and avoid calamitous results that congress plainly meant to avoid. greta and judge talking about as you as well, what happened if the subsidies were struck down? frankly the politicians had not come up with a solution that the court was looking to that. this is similar language we heard from the majority opinion when they originally upheld obamacare back in 2012. the chief goes on to write in a democracy power to make the law rests with chose chosen bit people. our role is more confined. easier in some cases than others but in every case we must respect the roll of legislature and take care not to undo what it has done. a fair reading of legislation demands a fair understanding of the legislative plan. congress passed the aca to improve health insurance markets not to destroy them. he is looking at overall intent what the law was b that is the same kind of language we heard in the 2012 decision, listen, we leave it to the people elected by the people to make these decisions. now the dissent as you would expect from justice scalia who is pretty colorful is pretty blistering. he was joined by justice thomas and alito. the aca says exchange established by the state means exchange established by the state or federal government. that is quite absurd and court's 21 pagesma explanation make it no less so. he said they went whole types of gymnastics. today he says represents another time. rewritten the law the court, to make tax credits available everywhere. we should start calling this law scotuscare, not obamacare. the got only two justices. 6-3 opinion upholds the law, that six found four words were not plain meaning enough. bill: with regard to justice scalia judge andrew napolitano said he never read a dissent quite stinging as this we'll parse those words later. but shannon john roberts did not ask a single question during oral arguments yet he wrote the decision today. do you find that significant? >> i think very much wanted to play it close to the vest. a lot of times when we see people ask questions the justices ask questions in court, sometimes they're in direction we never would have expected them to go i tend to think they're playing devil's advocate so far off what we know about their previous jerusalem prudence. i think he didn't want to tip his hat to fellow justice es people listening. he wanted to take the whole thing and digest it to make a decision. take the first vote friday after they hear the case. from then it is off to the races because they start writing opinions but during that process they're continue to lobby each other. so sometimes votes change. sometimes votes aren't set at that first friday conference where they vote. my understanding of some of the behind the scenes conversation is that the chief wasn't, he didn't walk out of the arguments essentially say this is exactly how i'm going to vote. there may have been some further discussion even within his own mind. maybe that is how he came to the argument so the day they argued in early march he wasn't sure where he was going and he didn't want to tip his hat. today he comes out with a 6-3 coalition. bill: we should start calling this law scotuscare. 2012 and now 2015. shannon thanks. here is martha with more. martha: let's go to the white house where doug mckelway is standing by. everybody waiting for reaction from the building behind you, doug. clearly there has to be some jubilation and high-fives in west wing at this moment doug? >> reporter: i would really be surprised if there wasn't, martha. we haven't heard official word from the white house whether the president will comment on the supreme court ruling. we certainly would expect that to happen and probably happen fairly soon if indeed he does but i suspect there are a lot of high-fives in the oval office. this cements in the large part the president's legacy. this was the defining legislation of his presidency. in fact there has been a full swing to cementing that legacy last couple days with the congress passing trans-pacific trade legislation which was bandied about so much and which was in doubt at some points. now the supreme court ruling. in just recent days the president had expressed many, many sentiments from the supreme court would rule in favor of obamacare. he did it while he was at the g7 summit a couple weeks ago in germany. at that time he had a press conference just before his departure in which he said, and i quote, so this is going to be an easy case. he said frankly it probably shouldn't even have been taken up. since we'll get a ruling pretty quick i think it is important for us to go ahead and assume the supreme court will do what most legal scholars looked at this would expect them to do. he went on to say at that press conference in germany and i'm quoting again once more, this thing is working. i mean part of what's bizarre about this whole thing we haven't had a lot of conversation about the horrors of obamacare because none of them have come to pass. well that is a subject of debate. day by day we see stories about people visiting rooms in numbers greater than before obamacare was imposed. we saw just today a story about how some of the programs are not providing the services that they were told. we have heard again and again and again from this white house as it has defended the slogans that you can keep your doctor. you can keep your hospital and health care plan all which proved not to be true. this battle is over and done with when it concerns the obama administration but it will become a huge battle in the campaign for 2016. that while we still await an official reaction from the white house here to the supreme court ruling, martha. martha: no indication of what that official reaction, what form it will take, what time it will be? >> i think we can safely assume that the president will come out to the briefing room to make some sort of a statement. this is too much of a huge statement for him not to. we should expect it. we just don't know exactly when officially. martha: thank you very much, doug. see you in a bit. bill: want to bring in louisiana senator bill cassidy, a doctor, member of the committee on health education. you were booked to come on our show to talk about this we weren't quite sure we would get it and now we do. 6-3 obamacare lives. your reaction? >> one sounds like the majority opinion was one of expediency. we don't particularly care how the law reads because we're afraid of the disruption. and i agree this should not be called scotus kiar. that there is not disruption is absurdity. when you have $6,000 deductibles, premiums increasing 60% per year that is disruption. let me say one more thing. i was listening to some of the feed earlier suggesting that republican did not have a plan should scotus, supreme court strike it down. i for one had a plan, patient freedom act, gave the patient power not washington bureaucrat. i beg to differ we did not have a plan. bill: was idea overall to extend subsidies to extend to the next presidential election. >> that was not my idea. bill: was that coalescing or not. >> my idea take portion i wish vacated by the supreme court based on plain reading of the law and replace it with something that repealed mandates gave control of insurance back to the states as opposed to federal government. took money states would have received otherwise and divide it among those who those who had need. and in so doing, replaced permanently, that portion of obamacare struck down by a plain reading of the law. but in the case of either obamacare or scotus care, as justice scalia called it, unfortunately we'll not have the opportunity to gift patient power instead after bureaucrat. bill: your idea, senator, was to find a way, find a bridge to keep the subsidies in place so nobody lost their insurance correct? >> my plan was again to strike down the mandates which are frankly un-american, the federal government telling people what to do. by so doing also giving states the option to enroll people unless they chose to opt out. obamacare has left 30 million people uninsured 30 million uninsured. under our plan states would have the option to enroll someone unless they opted out. imagine that is schizophrenic beneath the bridge, they would have been enrolled. we have equalized tax treatment of those get insurance through employer and buy it on their own, giving credits tax credits to those who buy it on their own equal to that credit, those who get it through their employer receive. they would use that to buy the insurance of their choice, not that insurance forced upon them by calm kiar bureaucrats. bill: there is a lot of reaction coming in. hillary clinton sent out a tweet. we'll read that in a moment. i want you to specifically respond to this issue that john roberts wrote rather. the act gives each state the opportunity to establish its own exchange but provides that the federal government will exchange if the state does not. if this ruling continue as is, would you expect governors and states that did not set up exchange to go ahead and do that? >> i do not. why would you? the state exchanges are going bankrupt, seriously going bankrupt. california's is losing $4 million a year. by the way no one else is enrolling in obama care as a percent of the population. we're doubling down on policy on a train wreck in slow megs motion. hawaii can not afford to maintain state exchange. i can not imagine a governor setting up something which every other persons is it is failing. bill: if that is the case, doctor, the president owns this law. >> what? bill: the president owns this law. >> president and john roberts. >> if you say it is failing he owns it. >> he owns it. by the way hillary clinton owns it. and the whole left owns it. that will be litigated this next presidential race. when somebody's premiums have gone up 150% since the law was passed, and they were told it would decrease, then hopefully they will vote conservatively for a plan to give them the power instead of a washington bureaucrat to tell them what they have to buy. bill: one last question here. when you look for the campaign who knows what candidates will be for the republicans. hillary clinton in all likelihood will be the democratic nominee. how does this shaped now for voters in the next election? >> there is great divide between the parties. the left the democratic party, thinks the government should tell us how to live, how to spend our money, what benefits we must buy. if we don't we get penalized undermanned date. the right says the patient should have the power. you should be in control of your dollars not the federal government. i put my money on the white. i think we take that message to the white house. bill: congress passed affordable care act to improve health care market not destroy them. that is what john roberts right. bill cassidy there in washington. >> you bet. martha: let's bring if karl rove, former white house deputy chief of staff under president george w. bush. fox news contributor. karl welcome. good to have you here this morning. i want to get to the politics of this. i want to read from justice scalia's dissent upon on this today. hard to come up with a reason to include the words by the state, other than the purpose of limiting credits to state exchanges. under all usual rules of interpretation in short the government should lose this case but normal rules of interpretation seem always to yield to the overriding principle of the present court, the affordable care act must be saved. karl, very stinging words from justice scalia today. >> very stinging words. very stinging words and i think accurate. what we've seen here is a act of judicial activism which the court said in order to protect the affordable care act we will divine that there was a mistake in expressing these words established by the state and that the intention really was they wanted these subsidies to go to everyone. the only way to get around the meaning of those four words is to ignore them and to say that the ends justifies the means. the end of keeping the law justifies the means of ignoring the plain letter word meaning of the words. martha: all right. news for everyone at this moment the white house says the president will make a statement. that statement will be in the rose garden, an area reserved for very important moments for the president and for the white house. he will talk about the supreme court decision. no doubt they are pleased with the outcome. president said that he didn't understand why they took it up. he thought it was simple thing to interpret in writing of this law. also coming out, we have statement from the rnc karl, one more if i may. today's ruling make it clear if we want to fix the broken health care system we need to elect a republican president with proven ideas and solution that will help american families. many would say what has taken them so long to do just that, karl? >> look the republicans have a plan to replace the affordable care act. i do believe this will be big issue in the 2016 presidential election. this is victory for the president but it is not the end of the battle. this program remains unfavorable. this will help favorability a little bit but it is unworkable plan. there are three groups of people that are affected by this people that are postively affected because they didn't have insurance before. they have insurance and it is heavily subsidized. we had a large number about of people who had a policy they liked and lost as a result of the affordable care act. i talked to some of them. they're paying considerably more and premiums are higher around they don't like the policy as much. 3 million americans not covered by health insurance and tens of millions of americans covered by employer who will see impact of employer mandate and other mandates of the affordable care act drive up and cause employers to dump them into exchanges. this issue is far from over. give the ped credit. he got a victory today because of john roberts. martha: karl, what do you say to those, who say republicans are breathing a sigh of relief this happened? because they had nothing to replace it. they head into an election people with the american people going what have you got for us and they would have had to say nothing, we haven'ting figure it out yet? the. >> no, i disagree. i disagree. look at candidates for president most have a very serious plan involves replacing affordable care act with consumer oriented, market driven plan. they differ in some of the details but they are all have robust plans. if you look at inside the congress led by people like senator cassidy senator barosso also a doctor from wyoming and i had to fight the health care policy during the bush years and republicans in the house and senate didn't want to talk about it. they felt it was a democrat issue and didn't want to engage in it. today we have a large and robust group of republican health care reformers in the house and senate who realize this is a big issue that affects america and president obama has made the health care system worse, not better. martha: that may be karl, but the fact remains if you ask any american on the street, what are the republican going to do? give me three things to replace this plan, my guess they could not come up with three things? >> i wouldn't disagree with that but that is because they, the white house has a bigger megaphone but republican ideas things like allowing people to buy health insurance across state lines. martha: right. >> increasing the amount of money you can put into your health savings account. allowing small businesses to join together to pool their risk so they get the same discounts big boys get. medical liability reform to end junk lawsuits driving up cost of health insurance. giving tax benefit providing health insurance not only to the company that provides it but to the individual so you make health insurance completely portable and take your plan from job to job and aren't stuck in a job for fear of losing health care coverage. these are some of the ideas republicans have embody in their plans. you're right they will not be able to get it through unless and until they nominate a presidential candidate who says i will speak about this with conviction and authority. a good news we have number of those people on the republican side running for nomination. martha: in a way people can easily articulate. hillary clinton tweeted she is very pleased with this decision which is no surprise. so that coming from her. we'll also play in a little bit marco rubio starting to respond. no doubt we'll hear from everybody else in time. karl, thank you very much. bill: this is what hillary tweeted. yes, exclamation point scotus affirms what we know is true in our hearts and law. health insurance should be affordable and available to all. senator mitch mcconnell, majority leader on the floor a moment ago the politicians that foisted obamacare on the american people. they have a choice. crow about obama care's latest wobble to the edge work with us negative impact of the law that continues to make life miserable for too many of the same people it purported to help. reaction coming in quickly. back to judge andrew napolitano. he is in washington today. two rulings, three years. republicans loose again on this judge. what now? >> well, bill, they lose through contorted and novel reasoning that wasn't even argued to the court. both the two years ago when statute was upheld and in an opinion by the chief justice and yet again today. in terms of what now i guess it depends on who is elected president in 2016 and what kind of majorities he or she has in the congress and what willingness to undo this and return to one of the programs that were just so nicely summarized by our colleague, karl rove. but i would like to go again briefly to the dissent by justice scalia. bill: plies. >> using language which is extremely strong. words, i'm quoting, words no longer have meaning. if an exchange that is not established by a state is established by a state, it is hard to come up with a clearer way to limit tax credits to state exchanges than to use the words, established by the state. he also found seven other places in the statute where the word state was used with a capital s and it obviously was referring to one of the 50 states and not to the concept of government generically. bill: wow. okay. so john roberts did not ask a question during oral arguments. >> right. bill: he wrote today's opinion as he did in 2012. and you know the president came out a month ago and said this case should not even be before the u.s. supreme court. i know how close you have studied these justices. are they affected are they influence influenced in any way by addresses like that from the president? >> i think absolutely not particularly this president because of where he is in his term. in other 16 months he will no longer be president and probably won't be on the national stage. these justices have life tenure. like the vatican sometimes thinks in centuries the supreme court sometimes thinks in decades because they know they are writing to instruct the judicial an3 legal community for decades to come. i really don't think they're influenced by the president. i was not surprised but disappointed when fdr disagreed with the court he picked justice with whom he disagreed and mentioned them by name. he did not assault the integrity and the role of the court. president obama two weeks ago in germany in words he probably now regrets because this decision is a boon to him, attacked the integrity and the wisdom of the court as an institution that was terribly, terribly wrong of him to do. bill: john roberts wrote this. the act gives each state the opportunity to establish its own exchange but provides that the federal government will establish the exchange if the state does not. that line seems to go directly to the argument about established by the state. he interpreted that clause in a very broadway you would agree? >> yes yes. he you know in fairness to the chief justice i've been very harshly critical of him there is a school of thought amongst appellate judges that the court should bend over backwards to save a statute rather than to invalidate it because some very small portion of it is inconsistent with the rest. i understand that but that is not what he did. what he did today was to suggest that plain ordinary english words, as justice scalia pointed out, which are not ambiguous in their meaning, somehow, to the six of the justices in the majority, are ambiguous and therefore they can interpret them however they want. i don't think that is, fully intellectually honest. think they wanted to save the statute for political reasons. greta said this earlier. they found a way to get there the president expected to come out in the rose garden, 11:30 a.m. eastern time. we'll have live coverage. this is recommend does victory for president and the affordable care act. thank you judge. here is martha. martha: let's continue discussion with talk show panel. tammy bruce radio talk show host and fox news contributor. richard fowler, radio show host of the richard fueler show. we had other plans. we never know when the decisions come out. something obviously richard they are happy about the at white house. >> not only good day for the white house but 19 million americans who finally have a chance to get health care insurance. what we saw the court ruled on side of american people. this is really really good thing. there are a lot of folks disagree with the ruling. if you look at facted and intent of the law. intent was to make sure every american has access to affordable health care. that is what the court ruled. chief justice john roberts was appointed by george w. bush. martha: we pointed that out many times. i mean, you know, obviously the chief justice has made his feelings known twice now in terms of upholding this law in two very significant cases that allowed it to be upheld. we continue to go through the opinions. we're getting more as we speak. i want to throw in this also from scalia's dissent. he said the court's reading does not merely give quote by the state a duplicative effect, it causes the phrase to have no effect whatsoever. tammy he repeatedly throughout this dissent basically goes on and on saying that he thinks if words don't mean what they say he is not sure what you do with that going forward. >> yeah, look, i would caution every liberal and everybody who will be spiking a football today including the president no doubt, who look at short-term impacts. this is not growing to be good when it comes to the reaction of the american people in 2016. it makes things more clear that democrats and president and his friends and hillary all own this. americans in fact when it comes to objective truth are having premiums increasing over 100%. we do not have our doctors. we still do not have our hospitals. there are six million people who lost their insurance, from the numbers as we can see those are not people who have resigned up and remain uninsured. so the reality for each individual is, even with all the politics and what the supreme court did, is it means they realize that something dramatic is going to have to happen in 2016. i would also say, that the supreme court effectively told the american people that this is your congress. you elected them. live with it. and if you don't like it, make them change it. martha: yeah. >> i agree there. martha: look at some of the reef action that we're getting. no surprise that presidential candidates are starting to weigh in on this. here is a little bit from marco rubio. >> is obamacare here to stay? >> i hope not. i disagree with their decision. i think obamacare is bad for americans, bad for the country. a lot of people are receiving obamacare coverage through subsidized exchange when they get to the hospital are hit with $4,000 bill because they have high deductible. martha: let's look at mitch mcconnell. he weighed in on this. this is his statement. that we're discussing another one of obamacare's self-inflicted brushes with the brink latest indictment of a law that is rolling disaster for the american people. we are getting a sense here richard some people say that republicans are relieved because now they have. there are lott of people, richard, you can't deny thises unhappy with outcome of this law. they are seeing it is costing them more. small businesses are costings them more. they can't hire more people because they can't afford to at this point with the law. >> here is the thing republicans controlled both chambers and senate and house. if they wanted to pass a fix to the affordable care act, if they wanted to pass replacement to the affordable care act they have the political will to do so. they have the ability to do so but political will is not there martha. what you see from all across the country, millions of americans, yes there are some who don't like the law but a lot of people finally have health care and they're happy about it. we got rid of lifetime caps. we got rid of preexisting conditions. allowed folks to get preventative screenings. these are benefits of the law. we know for a fact the law lives because the supreme court upheld it not once but twice. >> martha all that free stuff and all those wonderful things you get nailed with as rubio mentioned, 4 or $5000 deductible. this is something that has harmed the american people. it has made things worse. no amount of rhett tick no amount of smugness will change that. i would caution every liberal who is running out there and getting all excited, a lot of americans majority of whom still oppose this law are insulted by that and realize that you don't know what is really happening. >> tammy, where is the fix? why hasn't republicans come up with a fix. >> richard it is called presidential veto. >> why won't you, pass a lot of things that the president vetoed. >> richard it is a about veto. now the american people and republicans. >> sounds like an excuse to me. that sounds like an excuse. >> richard, are going to have, nominate and elect a president who is committed to repealing -- >> excuse excuse. excuses. martha: no doubt the argument we'll hear through 2016. is exactly what we're hearing today. >> that's right. martha: thank you very much, richard fowler and tammy bruce. >> excuses don't help either, tammy. martha: this becomes central domestic scheib for 2016 campaign. what happens to this law in the future of health care in this country -- bill: we'll have forum ourselves, afternoon of debate in chief and ohio afternoon of august 6. that will come up as well. a lot of reaction. reaction from marco rubio and mitch mcconnell. scott walker. rand paul will check in with matter of minutes. this will go on. this will be without question, not just story of the day but likely story of the summer as it takes shape. martha: all right. thank you for being with us this morning, everybody. huge news we've had here on "america's newsroom." continued coverage throughout the day and evening as well. "happening now" takes over starting right now. >> we begin with a fox news alert. the supreme court ruling moments ago in a 6-3 decision they will uphold federal subsidies that uphold backbone of obamacare. major victory for the white house. they must be dancing there today. i'm jon scott. >> i'm jenna lee. we're awaiting a statement from president obama from the white house at bottom of the hour, 11:30 eastern time reacting to second supreme court ruling to uphold the affordable care act. highest court in the land ruling federal subsidies are legal in states that did not set up their own healthcare exchanges. chief justice john roberts writing majority opinion siding second time with his liberal colleagues to uphold the law. dissenters were justices scalia, alito and thomas. shannon bream is live at supreme court to catch us up what we've seen shannon? >> reporter: jenna, it was a 6-3 opinion. the chief justice writing opinion joined by justice kennedy. four considered left lean on the bench to uphold the subsidies. here is what the chief justice said in the writing meaning of the phrase, exchange established by the states may seem plain when viewed
New-yorkUnited-statesJerusalemIsrael-general-IsraelLouisianaNevadaGermanyTexasIranFloridaBoston there are very few african-american men in this country who haven't had the experience of being followed when they were shopping in a department store. that includes me. will are very few african-american men who haven't had the experience of walking across the street and hearing the locks click on the doors of cars. >> welcome to the "editorial report." that's president obama speaking in very personal term about risk in the wake of george zimmerman's acquittal in the murder of florida teen trayvon martin. it came as protests continued across the country and pressure grows some some corners to bring federal civil rights charges against zimmerman. jason riley joins me with more and reaction of the president. jason, that could have been trayvon martin could have been me 35 years ago. what's your reaction to that and his remarks? >> well, he's right. that could have been him. it could have been me 10, 15, 20 years ago. the question is, why is that? why have perceptions of black male criminality persisted for so many decades in this country? it can't be because we haven't made progress on race. he saying that as president. what's behind this perception? i would argue that it is hard statistical data showing young black males just like they did 35 years ago continue to commit a disproportionate number of crimes and that's what's feeding this perception. >> i thought he responded. you wrote a column making that point that was controversial in some quarters but got a lot of response. i thought the president was responding to you at one point in that speech where he said that doesn't mean the african-american community is naive. young black men are not. disproportionately and that was his words involved in the criminal justice system as victims and perpetrators. do you think he went far enough in that explanation? >> i think that needs to be the whole discussion. clearly i think president obama wanted to drag other ill-relevant factors into this. if we want to change the black male perception or perception of black males in this country young black men need to change their behavior. again, this is not just whites who have these perceptions. jesse jackson said when i'm in a dark alley i look behind me and see white people. i feel relieved. this is something that permeates both races, all races, and it is common sense. this is not an irrational response given the data on crimes. >> it is interesting. president talked to -- so did eric holder, earlier this week, to the naacp. he said basically i had been stopped in georgetown as a young prosecutor when i was late to a movie running to a movie. and -- they are both saying that this is why this case resonates so much with people in the african-american community. isn't that -- responding to that sense and -- becomes anger at some point, frustration certainly. isn't that -- an appropriate role for the president of the attorney general? >> well, i think -- the more responsible thing for them to do and the positions that they hold is to say that the black community needs to talk with black leaders and parents and children and ministers, teachers, what have you, but this is a conversation we need to have about black behavior but what i saw the president do in this conference call, i saw barack obama as community activist here. you have -- activists typically do not unite people. they divide people. here we have the president dragging race into a case and giving sort of comfort or justification to the black civil rights leaders and -- who have -- been trying to racialize this case from day one. i think that holder and obama's responsibility here was to cool down the temperature and, in fact, what they were saying, what they both have been saying, is that there is some ju justification from what we has been hearing from the al sharpton and jesse jacksons out here. >> he said will is no justification here for any kind of violence. >> that was an for concession there. it looks like justice has month case. they can't go after zimmerman on a hate crime which is what some of the civil rights community -- are hoping the justice department -- >> i think i heard the president say -- as i interpret it, i heard him say to his supporters, look, i don't think will is a case here. i don't think that we are going to be able to bring it. and, therefore, i'm siding with you, i'm going to show you, demonstrate to you, how much i -- i understand where you are coming from here. you think that was part of the political calculation? >> sure. >> but we also know that the political thanks, speaking of political calculations, that this president has not hesitated to use racial division to further his political agenda. i think this is a case where calling it a -- voter i.d. laws, lowbacks to jim crowe, saying the civil rights -- voting rights act of 1965, every as peck of it, is still relevant today. if you don't think so you are a racist. of continuing to -- racial preferences and high education. this president and house attorney general and this administration has not hesitated to drag race in the issues and divide the country along racial lines when it serves their political agenda. >> thanks very much. glad to have you here for this. when we come back, cincinnati strikes back. one of those rogue agents in the irs scandal testifies before congress. could save you fifteen percent or more on car insurance. mmmhmmm...everybody knows that. well, did you know that old macdonald was a really bad speller? your word is...cow. cow. cow. c...o...w... ...e...i...e...i...o. 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[ marge ] fiber the fun way, from phillips'. the former commissioner, irs commissioner, miller, blamed all of this targeting on two rogue agents. >> correct. >> i would suspect that you would be one of those two rogue agents. >> inperfected i was one of them. >> is that true? >> month, it was not. i was following directions from management and they were aware of what i was doing. >> testimony this week from elizabeth. one of the rogue agents in the irs cincinnati office. initially blamed for the improper targeting of tea party groups. she and carter hall, veteran irs lawyer, testified before congress thursday, and confirmed that officials in washington, including an obama appointee had a direct handing in delaying the applications of conservative organizations. for more joined by "wall street journal" assistant james freeman. senior editorial page writer and all things irs, collin levy. editorial board member steve moore. collin, give us the summary here of what we learned at the hearing on thursday. >> right, paul. we learned that the hearing -- at the hearing thursday this scandal didn't end in cincinnati and went through the office of chief counsel williams and went through the office of lois lern lerner. what you heard from elizabeth there was very clear. she said she was getting her orders from management in washington and knew exactly what she was doing. now, her management in washington was carter hall. he was the irs attorney looking at these cases in washington. he said specifically that when he had a couple of test cases he was required to run them up the chain to miss lerner and miss lerner's office and office of chief counsel and unable to sign off on those cases without their permission. it is very clear this connects the dots. >> the general counsel's office's role is interesting. will's only two political appointees at the irs. general counsel, mr. wilkins, and the -- whoever is running the irs. this is significant. what's the irs saying about wilkins' role now that it -- his office has been linked to this? >> well, the irs has been at some pains to say mr. wilkins wasn't at a key meeting where his office was reviewing some of these applications. i think it is very interesting because one of the reasons that mr. wilkins was hired presumably when the white house hired him, they said specifically that they admired his expertise in dealing with non profit organizations so the idea that he wasn't in the loop on any of this and all of this was happening in his office is a little bit after stretch. >> he was involved, was he not, in the campaign in 2008, when jeremiah wright, the -- then senator obama's pastor, when he was investigated or his church was investigated for tax exempt issues, correct? >> right. that was a case where that -- where reverend wright's church was questioned, whether or not its involvement with president obama was jeopardizing 501 step. he was defending the church in that case. >> mr. wilkins did not testify this week. i assume he will be given that opportunity at some -- what do you make of this? >> well, i think that's the next place where this investigation has to go. what i make of it is what we are hearing this week is the exact opposite of the story that the government told us in may when this first came out that it was the rogue employees and it was low level and it was -- bureaucratic bungling. this is going right to the top and what with mr. hull made clear is that -- >> top of the irs. >> top of the irs. these reviews, additional scrutiny only of these -- tea party and conservative groups was unprecedented. had was -- has been in the irs for decades and never seen anything like it. and it is coming from the chief counsel's office and so -- i think mr. wilkins is the next one to get under oath if he lawyers up and pleads the fifth as miss lerner did, perhaps others in that office can tell us what happened. there's also a lot of document requests from the hill that may shed light on it. >> the tea party group states -- they are still not getting fair treatment by the irs. even now. >> they haven't. let me just say one thing about those hearings this week which was that amazing thing was that democrats and the way they roughed up the witnesseses and roughed up the inspector general, you know, this was -- almost unprecedented. the democrats originally said we want to get to the bottom of this. it became very clear that they -- they treat this as a partisan witch-hunt beating up the inspector general and want transparency and want to sweep it under the rug. the issue with the groups unfairly treated by the irs, they have gotten letters from the irs saying we will give you your tax exempt status but you are going to have to live under different rules than liberal groups do. i talked to a lot of the heads of the tea party organizations who said this is blatantly unfair and why we -- being held to a stricter standard than liberal groups. that's at the heart of what this gamble about. >> what about the argument we are hear from some democrats that -- the -- progressive groups, so-called liberal group groups,were treated like the tea party groups, singled out, does that have any factual basis? >> no. we haven't seen any factual base foyrs that yet, paul. what you are hearing are these claims that progressives are targeted equally and haven't seen any of the same kind of jute any, letters, et cetera, you heard from tea party groups. none is coming out progressive groups. russell george said of the 293 groups that were green for additional political activity, there were six that had the work progress or progressive in them and so -- they are going to look into that. he said his office will look into that further. will's just nothing there yet. >> russell george being the inspector general. >> july 29, investigators on the hill are expecting document prosecutors the executive branch on communications among the irs and executive office of the president related to the elections and tea party groups and here is another opportunity for the obama administration to be helpful here. let's see if they take. >> it if you want to follow the story, you have to follow it right here because the rest of the press corps seems to have gone into summer hibernation. >> wouldn't it be great if the justice department did? >> when we come back, walmart says lit pull the plug on at least three new stores in washington, d.c., after the city council there passes a so-called super minimum wage of $12.50 an hour. is it a victory or defeat for that city's workers? 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>> you want to understand, paul, why major cities like detroit are going bankruptcy. just look at what's happening in washington, d.c. what happened was that the -- have you major developments, shopping centers, in low-income areas, washington, d.c., the city actually was trying to get walmart to build stores there. walmart agreed to build six. no good deed goes unpunished in politics. what happened was the city council -- in the middle of the construction of the stores said, by the way, we are going to require you to pay a $12.50 an hour minimum wage. now as just said the -- walmart is threatening to pull back and not open up the stores. >> but why? what's the nature of their opposition to these stores? why are they doing this? >> left always hated walmart mainly because walmart is nonunionized. what's indecreed bill clinton fair abo -- incredibly unfair about the law, only big box stores that don't have union. >> each store is supposed to bring -- estimated to bring in 300 jobs and a million dollars in tax receive knew for d.c. sounds like a win-win. >> it is a win-win. this is a classic example of democrats putting a special interest and labor unions ahead of their constituents. talking about a company in walmart that has a tradition, placing a majority of its stores in less affluent neighborhoods. that's what it does and prides itself on doing. low cost goods and services and jobs. and it is amazing because what -- what the democrats and the liberals who are anti-walmart are saying is we would rather these folks stay unemployed than work at walmart. >> so this same kind of fight occurred in chicago. it had a happier ending because richard daly, then the mayor, vetoed the bill. how did things turn out? >> well, it turned out fine. that battle waged for a long time. have you about eight walmart stores zbl stores. >> inside the city. >> yes. daley said something vicinitying. we never object to the stores opening in the suburbs why are we opposed to them opening in the city. that gets to jason's point about jobs and need for these jobs in the inner city and why is there that sort of thing? there's something else here interest being the minimum wage because you have a tacit acknowledgement the minimum wage drives business essay way. that's what these city council members are saying if we raise the minimum wage, businesses aren't going to want to come here. walmart will not want to do it. >> steve, there is an irony here that walmart, which is not above political sin si-- cynicism itself. i thought that -- in order to punish its competitors, might not be able to support it. so -- what's vincent gray, the mayor of d.c., going to do? >> well, with yby the way, you right. i want go back to the point jason made. one of the things is walmart provides low prices and makes things affordable for people. i believe that at the end of the day, the mayor is going to veto this bill because it is so contrary to jobs and opportunity in washington, d.c. if walmart pulls out entire shopping centers may fold as well. >> what do you think? is he going to do that? example of detroit, right, where there are 78,000 abandoned buildings, it is astonishing. shows you what happens when you get economic decline. >> it shows you poor peel can't catch break from the left. walmart is trying to give folks jobs. the left wants to give them food stamps. >> is that going to be an example for washington wash a? >> i hope so. >> what's that precedent? >> well -- chicago. >> detroit. >> this is one example. will are some other places. i believe new orleans was based with this. walmart eventually got in will. >> new york will not allow walmart into the city. it is amazing. >> that's true. particularly in the outer boroughs. >> we have to take one more break. hits and misses of the week. [ female announcer ] research suggests cell health plays a key role throughout our lives. one a day women's 50+ is a complete multivitamin designed for women's health concerns as we age. it has 7 antioxidants to support cell health. one a day 50+. has oats that can help lower cholesterol? and it tastes good? sure does! wow. it's the honey, it makes it taste so... well, would you look at the time... what's the rush? be happy. be healthy. time now for hits and misses of the week. steve, your first stop? >> if you are wondering why gas prices are hitting $4 a gallon in many markets, look no further than your favorite subsidy. ethanol. practical government has been mandating the amount of ethanol that has put into gallon of gasoline and it is driving up the price of gasoline by as much as ten cents a gallon. it is a $14 billion a year eth moll. what this means is not only does ethanol drive up food prices, now it is driving up gas prices, too. only in washington. >> one of the great scams of all time. all right. >> this is a hit to the fourth circuit court of appeals which this week became the third federal court to invalidate president obama's nonrecessed recess appointments to the national labor relations board. a few -- little while ago, the president basically made those appointments by just ignoring the senate's role of advising consent and d.c. circuit and third circuit have said that was an overreach of presidential power. that case is going to go up to the supreme court. i'm happy to see the positive momentum. >> this is a hit to dean metropolis, private equity executive who this week brought back the great american institution, twinkie. hostess makes twinkies failed last november, heavy heavy union costs basically destroyed it. now leaner and meaner the twinkie is back. he also owns paps blue ribbon. >> you are glad he resurrected two of your favorite products. >> i'm a fan of domestic macro brews. metropolis, when trying to make the case for prif equity last year. >> remember, if you have your own hit or miss send it to us. be sure to follow us on twitter. jer@fnc. hope to see you right here next week. i don't like when race gets out in the media because i don't think the medias has pure heart. >> media come under attack polling the coverage of the zimmerman trial and verdict. accused of overplaying the race card and making the situation worse. >> some seem to think this law is about me. it is not. >> mr. obama tries again to convince us obama care is the real deal. and media continues to push his bill of goods. with the boston bombings still fresh in our minds rolling stone puts the accused on the magazine's cover. journalism? or a
New-yorkUnited-statesFloridaBostonMassachusettsWashingtonDistrict-of-columbiaCincinnatiOhioChicagoIllinoisAmericans african-american men who haven't had the experience of being followed when they are in shopping stores. that includes me. if you ask african-american men who haven't had the experience walking across the street and locks click on the doors of cars. >> paul: that was president obama on friday speaking in very personal terms about race in the wake of george zimmerman's acquittal in the case of trayvon martin. as protests continued across the country and pressure grows to bring federal civil rights charges against zimmerman. jason riley joins me more with reaction on the president. that could have been trayvon martin, it could have been me 35 years ago. what is your reaction? >> paul, he is right. that could have been him. it could have been me 10-15 years ago. the question, why is that. why have perceptions of black male criminality persisted so many decades? he is saying that as president. what is behind it? it's hard statistical data showing that young black males, just like 35 years ago, continue to commit a disproportionate number of crimes and that is what is feeding this perception. >> paul: you wrote a column making that point that was very controversial in some quarters but got a lot of response. i thought the president was responding to you at one point in that speech where he said that doesn't mean the african-american community is naive. that young black men are disproportionately involved in the criminal system. do you think he went far enough in that explanation? >> i think that needs to be the whole discussion. he wanted to drag other irrelevant factors into this. if we wanted to change the black male perception or perception of black males, young black men need to change their behavior. this is not just whites who have these perceptions. jesse jackson said when i'm in a dark alley and see white people, i feel relieved. this is something that permeates both races and all races and it's common sense. this is not an irrational response given the data. >> paul: the president talked in personal terms and so did eric holder to the naacp. he said basically i have been stopped in georgetown as a young prosecutor when i was late to a movie running to a movie. they are both saying this is why this case resonates so much with people in the african-american community. isn't responding to that sense because anger at some point. is that an appropriate role for the president and attorney general? >> i think the more responsible thing for them to do in the positions that they hold is to say that the black community needs to talk to black leaders, parents, children, ministers, teachers, what have you, but this is conversation we need to have about black behavior. what i saw the president doing in this conference, i saw barack obama as community activist. >> paul: really. >> activists don't unite people. they divide people. here we have the president giving sort of justification for the black civil rights leaders who have been trying to racialize this case from day one. i think holder and holder's responsibility was to cool down the temperature. what they are both been saying there is some justification for what we have been hearing from the al sharptons and jesse jacksons out there. >> paul: he did say the jury has spoken. he said there is no justification for any kind of violence. >> that was important concession because it looks like justice has no case. they can't go after zimmerman on a hate crime which is what some of the civil rights attorneys are hoping. >> paul: i think i heard the president say, at least the way i interpret it -- look i don't think there is a case here and i don't think we can bring it. i wanted to demonstrate to you how much i understand where you are coming from. you think that was part of the political calculation? >> sure. but we also know the political calculation, this president has not stopped to use racial solutions. voting rights of 19657 every aspect is still relevant today if you don't think so you are some sort of racist and racial prewlsz in higher education. so this president and his attorney general and this administration has not hesitated to drag race into the issue and adivide the country along political lines. >> paul: jason, glad to have you with you on this. cincinnati strikes back. one of the rowing 6 agents testifies in front of congress. e dla enar iinout.methrementgh tfor os for e hey, the new guy is loaded with protein! really? 25 grams of protein. what do we have? all four of us, together? 24. he's low fat, too, and has 5 grams of sugars. i'll believe it when i--- [ both ] oooooh... what's shakin'? 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[ doctor ] enbrel, the number one biologic medicine prescribed by rheumatologists. >>. the former harris commissioner explained all this targeting on two rogue agents? >> correct. >> i would suspect you would be one of those two rogue agents. >> it was inferred that i was one of them. >> is that true? >> no, i was not i was going with direct management and they were aware of what i was doing. >> paul: testimony from one of the so-called rogue agents initially blamed for the improper targeting of tea party groups. both her and carter hall a veteran irs lawyer testifying before congress on thursday and confirmed that officials in washington including an obama appointee had a direct hand in delaying the tax exempt applications of conservative organizations. for more i'm joined by james freeman and all things irs, co eleven levy and steve moore. give us the summary here what we learned? >> we learned the hearing on thursday that this scandal didn't end in cincinnati. it went to the office of chief counsel of wilkins and also lois lerner. you heard that she was getting her orders from management in washington. her management in washington was carter hull and he was looking at the cases. he said specifically when on he had a couple of test cases he was required to run them up the chain to ms. lerner and to the chief counsel and we unable to sign off those cases without their permission. >> paul: and the general counsel's office role, william wilkins because there is only two political appointees, wilkins and whoever is running the irs. so this isjc-'ñ significant. what is the irs saying about wilkins' role? >> the irs is some pains that he wasn't at a key meeting where his office was reviewing some of these applications, but i think it's very interesting because one of the reasons that mr. wilkins was hired presumably when the white house hired him, they said specifically they admired his expertise in dealing with nonprofit organizations. so the idea he wasn't in the loop and all this was happening in the office is a little bit of stretch. >> paul: he was involved, was he not, in the campaign in 2008 when for the jeremiah wright who was then senator obama's pastor when his church was investigated for tax exempt issues, correct? >> right. that was the case where reverend wright's church was questioned whether or not the involvement was jeopardizeded his status. and they are not allowed to have any political activity and he was defending the church in thatl: he didn't test, but what do you make of this, james? >> i think that is the next case where the investigation has to go. what we are hearing this week is the exact opposite of the story that the government told us in may when this first came out, it was the rogue employees, that was low level and bureaucratic bungling. this is going right to the top. what mr. hull made clear, the top of the irs, these reviews, this additional scrutiny only these tea party and conservative groups was unprecedented. he had been in the irs for decades. he has never seen anything like it. it's coming from the chief counsel's office. i think m mr. wilkins is the next one under oath. if he lawyers up and pleads the fifth perhaps others in the office can tell us what happened. there are a lot of document requests. >> and tea party groups are still not getting fair treatment by the irs, even now? >> by the way, let me say one thing thing about the hearings. amazing thing was the democrats and the way they roughed up the witnesses and roughed up the inspector general. this was almost unprecedented. the democrats originally said we want to get to the bottom of this. it became very clear that they treated this as kind of a partisan witch hunt beating up the inspector general. they don't want to transparency here. they want to sweep it under the rug. the issue by groups that were unfairly treated by the irs, they have gotten letters from the irs, well, we will give your tax exempt status but you will have to live under different rules. i talked to lot of heads of tea party organizations, this is blatantly unfair. why are we being held to a stricter standard than liberal groups. that is what the heart of the scandal is all about. >> paul: what about the argument go that we are hearing from some democrats, liberal groups were also treated just like the tea party groups, were also singled out. does that have any factual basis? >> no, we haven't seen any factual basis yet. what you are hearing are claims that progressives were targeted equally. we haven't seen any of that. the harassment, none of that is copping out. russell george has said of the 2793 groups that were gleaned for additional political activity, there were six that had the word progressive in them. they are going to look into it. his office is going to look into that further. >> paul: russell george being the inspector general. >> july 29, investigators on the hill are expecting documents from the executive branch on communications among the irs, executive office. president related to the elections and tea party groups. sleer another opportunity for the obama administration to be helpful here. let's see if they take it. >> paul: if you want to follow the story, you have to follow it right here because the rest of the press corps went into hibernation. when we come back, walmart says it will pull the plug on three new stores after the city council in washington, d.c. passes a super minimum wage for 12.50 an hour. is it a victory or defeat for city workers? 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don't wait to ask your doctor about spiriva. ♪ >> paul: walmart says is scrapping plans to build new three stores in washington, d.c. and pulling the plug three under construction after the city council passed a bill that would require large retailers to pay at least $12.50 an-hour, 50% higher than their current minimum wage. chain has encountered fierce assistance in new york, los angeles and chicago and other big cities. we're back with jason, colin and steve. what does the city council have against walmart? >> if you want to understand why major cities like detroit are going bankrupt, just look what is happening in washington, d.c. what has happened, the major developments, shopping center in low income areas in washington, d.c., the city actually with sutures trying to get walmart to build stores there. walmart agreed to build six and no good deed goes unpunished in politics. the city council in the middle of the construction of these stores, by the way, we're going to require you to pay a $12.50 an hour minimum wage. now walmart is threatening to pull back and not open up those stores. >> what the opposition to these stores? >>have always hated wal-mart because it's non-unionized. what is unfair about the law it would not apply to unionized stores, only big box stores that don't have unions. >> paul: so each store is to bring estimated about 300 jobs and million dollars in tax revenue for d.c.uh& sound like a win-win? >> as the win-win. this is a classic example of democrats putting a special interests, in this case, labor unions ahead thiac constituents. you are talking about a company that has a tradition, that majority of its stores in less affluent stores. that is what it prides itself doing. bringing those communities, low cost goods and services and jobs. it's amazing because what the democrats and the liberals who are anti-wall is basically saying, we would rather these folks stay unemployed than work at walmart. >> paul: so this same kind of fight occurred in chicago but happier ending, richard daly vetoed the bill. how has things turned out? >> it turned out fine. that battle waged for a long time. you have about eight walmart stores, yes inside chicago. daly at the time said something very interesting. we never addressed the stores in the suburbs. why are we opposed to them opening up in the city. that the jobs and need for jobs in the inner city. i think there is something else here. about the minimum wage, you have to acknowledgement that the minimum wage drives businesses away. that is basically what the city council members are saying. hey, if we raise the minimum wage, walmart is not going to a want to do it. >> paul: there is an irony on walmart that is not above political cynicism itself. it favored an increase in the minimum wage several years ago i thought in order to punish the competitors, might not be able to support it. what is vincent gray, mayor of d.c. going to do? >> i want to go back to that point that jason made. one of the great things about walmart for low income people it provides low prices, it's makes things affordable for people. i believe, paul, at the end of the day the mayor is going to veto this bill because it is so contrary to economic development and jobs and opportunity in the city of washington, d.c. if walmart pulls out a lot of entire shopping centers may fold as well. >> paul: is he going to do that. the example of detroit where there is 78,000 abandoned buildings. it shows you what happens when you get economic decline? >> that poor people can't get a break from the left. walmart is trying to give them jobs, left wants to give them food stamps. >> paul: is that going to be an example for washington and is vincent gray going to step up to the plate? >> i hope so. >> paul: what is that precedent? >> there are is some other places like new orleans. walmart eventually got in there. >> jason, new york will not allow walmart into the city. it's amazing. >> paul: that is true. particularly in the outer bureaus. and hits and misses of the week. break. break. hits and misses of the w alert. the beach on your tv is much closer than it appears. seize the summer with up to 50% off hotels at travelocity. no-charge scheduled maintenance. check. and here's the kicker... 0% apr for 60 months. and who got it? 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[ male announcer ] it's the car you won't stop talking about. ever. hurry in to the volkswagen best. thing. ever. event. and get 0% apr for 60 months, now until july 31st. that's the power of german engineering. ♪ >> paul: time for mitts and misses of the week. steve you are first up? >> if you are wondering why was prices are hitting $4 a gallon in many markets, look no further than your favorite subsidy, ethanol. the federal government has been mandating the amount of ethanol that has been put into a gallon of gasoline. it's driving it up by as much as 10 cents a gallon. its $14 billion ethanol tax on consumers. what this means, paul, not only does ethanol drive up food prices, now it is driving up gas prices, too. >> one of the great scams of all times. >> paul, this is hit to the fourth circuit court of meals that is the third federal court to invalidate the appointments to the national labor relations board. a little while ago the president basically made those appointments by just ignoring the senate's role in the d.c. circuit and they said it was an overreach of power. it's going to the supreme court. >> paul: james? >> this is a hit to demetropolis who brought back the great american institution the twinkie, hostess that make twinkees, heavy union costs destroyed it. leaner and meaner the twinkie is back and metropolis also heondz pabst blue ribbon. >> i am a fan of domestic macro brews. >> paul: all right. if you have your own hit or miss, please send it to us at foxnews.com and follow us on twitter. thanks to all watching. we hope to see you right here next week. >> jon: on fox news watch. >> i don't like when race gets out in the media. i don't think media has a pure heart. >> jon: media come under attack following the zimmerman verdict accused of making the situation worse. >> some think to this law is about me. i already have good health care. >> he tries to convince that obamacare is the real deal and media continue to push his bill of goods. with the boston bombings still fresh on our minds, rolling stone puts the accused on the cover? journalism?
United-statesNew-yorkBostonMassachusettsGermanyWashingtonDistrict-of-columbiaCincinnatiOhioChicagoIllinoisAmerican 1th. nice to be out there. [ noise ] >> never can trust a local news set. >> the story behind that boom straight ahead. "fox & friends" begins right now. watch out. good morning, everyone. thanks for joining us bright and early. we start with a fox news alert. it's judgment day for george zimmerman. juniors will resume their deliberations at 9:00 a.m. this morning. deputies are bracing for another day of protests outside that courtroom. >> jonathan, good morning. >> reporter: three hours away before the jury resume deliberations at 9:00 this morning eastern time. the six women panel is being asked to consider whether george zimmerman was an over ze allows neighborhood watch captain. yesterday a small but vocal group of protesters gathered outside of the courthouse. about two dozen of those protesters calling for zimmerman's conviction. >> either guilty or not guilty we'll keep protesting because racial inequality still exists. >> reporter: a smaller group calling zimmerman's acquittal. police and civic leaders have been urging the community to keep things peaceful. >> we will not tolerate anyone who uses this verdict as an excuse to violate the law. >> reporter: zimmerman could be convicted of second-degree murder if the juryize he fired that fatal shot out of spite or anger but the jury is also being allowed to consider the lesser charge of manslaughter if the panel decides zimmerman acted outside the scope of law. if the jury agrees with the defense that he fired in defense zimmerman could walk away from all of this a free man. back to you. >> thanks so much for that update. let's recap. after hearing from more than 50 witnesses during the three week trial what will the jury be look at. >> we have our legal team here, defense attorney and fox news legal analyst. both have been closely watching this trial. here's a question that i don't know the answer to. how is it the government can charge zimmerman with one thing, fail to prove that he is guilty of that thing and then tell the jury he can convict him of something else. how does that work? >> number one, nobody said he failed to prove it at this point. >> if they are confident they wouldn't give the jury the option. >> that's not necessarily true. this happens all the time. when i say all the time i mean 80% of the time. often it's the defense that asks for the lesser included charges as long as the facts that came out at the trial support a reasonable view of the facts support that. so, often it's the defendant who says gee the evidence was good for murder two let's add man slu manslaughter or criminal homicide. it's like all or nothing. do i double down or get a lesser. >> lesser included offense. >> we're talking about second-degree murder what tucker is referring to. you don't get that. you get manslaughter. here's the four possible out comes. second-degree murder, guilty of manslaughter, not guilty or a hung jury. would it be possible to slide down to that manslaughter claim. second-degree murder seems pretty tough to prove. >> there's no way the prosecution will get a conviction on second-degree murder. they didn't prove that. the lesser included of that is manslaughter. if this jury wants to compromise and convict zimmerman of something and listen there's six of them, five are mothers, there's a good possibility they will ignore the law and want to convict him of that less certificate included offense, yeah. here's the rub -- >> why do you say there's a possibility they will ignore the law? >> every person i talked to about this case on the law, zimmerman is guilty of nothing. if you take these six women in the jury box and don't want to send this mother of trayvon martin home with, you know, nothing they will say let's compromise and convict him on the lesser count not realizing he can do the same amount of prison time. >> it's called jury nullification. you're asking the jurors to ignore the law. the ironic part usually it's the defense attorneys asking, when i say usually 97.5% of the time defense attorneys are saying yes this is the law but you're justice, you do what you believe is right. here it's the prosecutor saying that. when the prosecutor says had he made assumptions that there were wrong assumptions and he didn't make those assumptions, trayvon benjamin martin would be alive today. >> john, you say they have to ignore the law. have they proven of definitively that a gun was necessary? they were in a fist fight. doesn't the gun change the equation? >> no. the reason the gun doesn't because if you were watching yesterday the closing argument when the block of cement was brought out that was the weapon that trayvon martin was using. >> this is where i agree with allison. we don't know what the jury is thinking. you're right. one of those jurors could say that gun is strong, he could have grabbed the gun and whacked the kid with it. you're right. nobody has said that. i didn't even think of it. but these are jurors who have hearts and that's what i loved about the prosecutor's closing. what was in their heart. >> no one said follow your heart. nobody said apply your common sense. you must apply the law. >> that's why people like you and i are trained -- >> that's why we have appeals. >> no. there. >> appeal if he's acquitted but if he's convicted, i don't think that's an unreasonable belief for one of these jurors to have, why did he have to pull the trigger. it's called pistol whipping. >> a loaded gun out -- >> cops don't do it ever. ever. >> i know. >> that's absolutely against procedure to pull out a gun. >> i was in the brooklyn's d.a. office. i'm talking about tea 70s and '80s. >> eight minutes past the hour. 6:00 in the morning. deliberatatie jagation time. let's look at some historical context. you have scott peterson, seven days of deliberatation. jodi arias, 16 hours. casey anthony 10 hours. o.j. simpson under four hours. george zimmerman -- >> both of you thought it would be fast. >> i bet they have a verdict now. >> my dad and i had a debate yesterday. i said they have to sleep on it. any big decision in your life, any of us let me sleep on it. out of respect for the system, you go to bed, you say let me wake up. >> they may have a decision already but you believe they may be sleeping on it. >> no. >> i do. this was pretty easy. >> you better be ready to buy breakfast. at 9:00 boom there's averdict. >> do i agree they want to sleep on it. it's huge. >> they asked for all the exhibits. >> they asked for the list. there were a couple of exhibits they didn't hear during the trial that they want to hear during the jury room. >> they will go over everything they heard and come up with a verdict. >> we have you guys on stand by. >> very good. >> meanwhile we do have other news to tell you about. while you were sleeping texas senate passed tough new abortion restrictions. the bill now heads to governor rick perry's desk. he said he'll sign it into law. it bans abortion after 20 weeks of pregnancy and only allows them to be done in surgical centers. thousands of protesters packed the state capitol. more heartache following that crash landing. a third young girl has now died from her injuries. we're learning more about one of the two chinese teenagers who died moments after the crash. police confirm that she was run over by that fire truck. rescue crews say the 16-year-old was covered in foam used to douse the fire coming from the plane maybe that's why the fire truck couldn't see her. investigators trying to determine if she died from the crash or being run over. a week after the crash the runway is back open. justice department changing hits rules for investigations that involve reporters making it more difficult to secretly seize their records like they did our own james rosen. eric holder presenting the report to president obama. among the changes reporters phone records remain off limits unless they are suspected of breaking the law and the doj can't use a warrant to investigate someone other than the reporter. holder signed off on a search warrant that identified james rosen as a co-conspirator in violation of the espionage act. randy travis is resting comfortable but is in critical condition. the country star is under heavy sedation while he attempts to recover from brain surgery. the 54-year-old had a stroke wednesday night while being treated for heart failure. those are your headlines. coming up here on the show as if our regulation nation isn't already out of control the president planning to add more restrictions to the tune of $to 30 billion. where is that money going? >> where is the money coming from. plus stepping down and leaving the white house homeland security janet napolitano resigning to run the california university system. who is replacing her? three big names already mentioned. we got them for you. coming up. i want to make things more secure. 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[ voice of dennis ] ...safe driving bonus check? every six months without an accident, allstate sends a check. silence. are you in good hands? pistole. just when you thought government couldn't get any bigger than it already is a new study reveals more burdensome regulations and expensive regulations are right around the corner, according to the american action forum, the obama administration's rulemaking agenda for 2013 could cost taxpayers more than $130 billion. here to weigh in is a representative from independent women's forum. sabrina thanks for coming on. you're saying in addition to all the laws that congress passes and the president signs there's a whole other series of regulations that are expensive and basically unseen by voters, people didn't know they exist. >> isn't that true. first of all this is before obama care goes into full effect which is concerning. but really, several of these reports, american action forum, cei puts out a report every year. the compliance costs are a hidden tax on american families and the economy that i think people don't realize and under estimate the impact what that means for our daily lives. >> let's go through a few of these. one you list is the limiting worker exposure to silica dust. what does that mean and what will it cost >> most of these regulations are for the epa, energy, transportation, a lot of food safety. i think this is where it gets tricky when we dig into them because a lot of americans will say i'm willing to pay more taxes to make sure our food supply is safe. but this is regulation without representation. these are not elected officials passing laws these are bureaucrats in these big buildings here in washington who are passing thousands of these laws just to put it in perspective. in 2011, congress passed and the president signed 81 laws. but the regulatory agencies passed over 3800 regulations and rules. so that's very concerning. >> and each one of these you say cost taxpayers money. there is an actual quantifiable cost to all 3800, for example, regulations passed in 2011. who is keeping track of this? is there any accountability at all? >> well, there are agencies within the government that sort of -- that do calculate the cost, the compliance and implementation of these regulations. for instance in 2012 the office that does oversee this found we had 57% higher cost of regulations than any previous year. that's very concerning, obviously. at a time when the economy is sluggish at best. when economic confidence is down by nine points. americans should be concerned opinion they shouldn't think this is affecting some random subsection of energy suppliers. >> no. no. the estimated cost to regulation, $1.75 trillion last year for fiscal year 2012. $1.75 trillion. now tell me about the aca, of course obama care, bringing the health care exchanges online. what's that going to cost >> that is over $2 billion. let's remember, the bulk of obama care regulations aren't going into effect until 2014. this is just the beginning when we talk about what will happen in health care. >> food safety overhaul something touted on a bipartisan level, you say $6 billion in costs to implement this? >> yeah. food safety. that's one where i think a lot of americans would say we want to make sure our food supply is safe. my bigger concern are thing like calorie labelling, vend magazine be shin labelling, why government is microma nag our nutrition and see how that increases the cost of our groceries, people might feel differently. >> we have the safest food supply in the world and have for 100 years. it's not a question of safety it's a question of nannyism. new rules to rein in swap security dealers. $2 so million. >> again this is one of these issues where people say i want to be safe, so liberty versus safety conversation. but, again, a lot of times these things sound okay. but they are really a lot of times based on bad science, bad reporting, and there's other ways we can manage things without adding another regulation. if there's a real issue we need to pass a law. >> thanks a lot. >> thanks so much. up next the jury in george zimmerman murder trial continues deliberations this morning but have they already made up their mind and come to a verdict? we'll take a look at who they are and what they might decide. plus a huge shake up caught live on television. 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[ doctor ] enbrel, the number one biologic medicine prescribed by rheumatologists. 24 minutes now past the hour. welcome back to "fox & friends." a scare in the sky for a jetblue flight. it was forced to make an emergency landing in north carolina last night after crew members saw smoke in the cockpit. the plane was heading from new york to tampa. no one was hurt. a train packed with hundreds of passengers derails in france, killing six people. more than 20 others were hurt. two of the cars derailed knocking the others off the track. it happened during evening rush hour just as people were getting ready to celebrate france's independence day. a transportation official says it was not caused by human error. thanks so much. fox news alert for you because it was a dramatic day in court as lawyers made their final arguments in the george zimmerman trial yesterday. >> george zimmerman is not guilty if you have just a reasonable doubt that he acted in self-defense. >> trayvon benjamin martin is entitled to the truth. >> well now six women are left to decide george zimmerman's fate. but how will having an all female jury impact the decision and what do we know about these women. joining me to weigh in is a jury consultant. so let's start with the first question. all female jury. do you think that affects their decision make being or are we stereotyping? >> i think sometimes when we focus on the gender that is a bit of over simplification. each of these individual women are going to have their own biases and opinions about the three important facts of this case, and that's race, gun control and self-defense. that coupled with their personalities and how they will approach deliberations, if they are leaders or followers that's going to be even more paramount in this decision. >> let's talk about what we know about some of these jurors and we know it from the voir dire process. some of them have had experience with firearms. four of them either have fired a gun or have family members who own guns. how does that play into their decision-making? >> right. that, and even more importantly there's one individual juror who has had a concealed weapons permit in the past. the prosecution has made such a big deal that the reason why zimmerman felt like he had the courage or bravado to get out of his car because he was packing heat. that particular woman will come in with her life experience and say either he did it wrong, he should have been more careful or maybe she's going to go on the zim areman side and say, you know what, identify been down that route i may have done the same thing in that situation. >> on the screen you see juror e40. that's how she's known. safety officer. george zimmerman with this neighborhood watch officer, so safety officer, she may be able to identify with that. >> right. absolutely. it's those types of life experiences that's paramount when they are discussing this because each trial research tell us jurors come in and say you know what this happened to me and this is how i'll apply to it the facts. the thing about gender that is important is that, you know, women are raised to ch other. as young girls we come to the table, i have no doubt that these jurors will be able to each individually be heard. and that's sort of the gender issue of this is that in deliberations i think each one will be able to give her voice and pinto each question. >> five of the women on the jury are mothers. one that we just put up, one of the jurors has eight children ranging from 3 years old to 19 years old. does the fact that five of them are mothers will that somehow obviously color their decision-making? >> i think that's a very important fact because as the prosecution did yesterday, in their rebuttal, made a strong emotional pull that the worst fear any parent, mother, father is seeing that your child would be scared just walking home. so, yes, the fact that they are parents and they are mothers is definitely one of those life experiences that they will filter through these facts in deciding this case. >> mary griffith you're a jury consultant. gate to have your expertise with us this morning. thanks so much. >> thank you very much. meanwhile three union bosses have teamed up to pen a scathing letter to democrats saying that obama care will destroy the health and well being of american workers. why these former allies and supporter of the affordable care act are now turning their backs on obama care. and janice is live in the far rockaways with a very special event. hi, janice. >> reporter: hi. we are with the wounded warriors project today for a day of ad t adaptive motorsports festivities here at rockaway beach. the weather is a little cloudy but the sun will come out for these wounded warriors. so stay with us, we'll be right back with "fox & friends" weekend. looked nice? soft would be great, but we really just need "kid-proof." softsprings got both, let me show you. right over here. here, feel this. wow, that's nice. wow. the soft carpets have never been this durable. you know i think we'll take it. get kid-friendly toughness and feet-friendly softness, without walking all over your dget. he didn't tell us it would do this. more saving. more doing. that's the power of the home depot. right now, get whole-home installation for just 37 bucks. ♪ and i'll never desert you ♪ ♪ i'll stand by you yeaaaah! yeah. so that's our loyalty program. you're automatically enrolled, and the longer you stay, the more rewards you get. great! oh! ♪ i'll stand by you ♪ won't let nobody hurt you ♪ isn't there a simpler way to explain the loyalty program? yes. standing by you from day one. now, that's progressive. it's my favorite shot of the morning, honey i hope you're watching we need to do this soon. who needs a high chair when you can bring the whole crib to a restaurant. in new york a couple brought their crib from home with them literally to the restaurant. they hauled their son's crib to lurch with them. first asking the restaurant staff for permission. after getting the all clear they pulled it up to the out door table. >> imagine how hard that is to get it on the subway. >> so what if the baby is still napping. wheel the baby out to the restaurant. you don't have to stay home. >> if you don't have kids -- if you do have kids it's very difficult to leave house to. >> absolutely. you're trapped by the nap and feeding schedule. here they have come up with a solution. >> wonder if they are drinking. >> of course they are. >> brilliant idea. >> all right. obama care, famously pass ad couple of years ago but still not been fully implemented and now there are real concerns among people who supported at any time first time namely among union bosses about whether or not obama care in the end will be a very bad thing for their members. >> this is a fascinating story because three major u.s. unions including the teamsters all previously support the affordable care act known as obama care. they went out and they rallied their members and talked about why it would be such a great thing for them and today or yesterday they released a letter about how they are having major seconding thoughts. here it is. >> here is the open letter. it reads one less you and the obama administration enact an equitable fix, the aca will shatter not only our hard-earned health benefits but destroy the foundation of the 40 hour work week that is the back bone of the american middle class. on behalf of the millions of working men and women we represent and the families they support we can no longer stand silent. >> holy smokes. that's unbelievable. obama care will destroy the middle class of the united states say union bosses among them james hoffa. if that had been rush limbaugh, people would say it's over statement he's a right-wing talk shows. these are union bosses saying obama care is going to destroy workers. >> at the heart of it is the 40 hour work week. i never thought of it in terms we come to expect and think of the work week as 40 hours. that's how we wrap our brains around it. that could forever be altered as a result of this. companies having to drop down below that to make sure they don't have full time employees on the roles so they don't have to pay their health insurance. >> that's the problem. they say it provides a disincentive from working a full week. companies have an incentive to keep you working part time. letter goes on. pretty intense stuff. their vision of what it was going to be like has come back to haunt them now. >> they are right. look, unions are not -- you don't think of them as austrian economists, these are not market based folks and even they are recognizing this provides incentives for part time employment. we had the numbers last week. less than half americans have full time jobs. there's a reason for that. >> find us all on twitter. let's get to your headlines. we have a fox news alert four because it's a race against time at a national park in indiana after an 8-year-old boy fell into a hole in a sand do you know and was buried alive. 11 feet under for more than three hours. emergency crews used everything from their hands to heavy equipment to pull him out. boy was airlifted to a hospital. no word on his condition. overnight russian immigration officials say they have not received an asylum request from nsa leaker edward snowden. just yesterday snowden spoke out yesterday saying he planned to ask the country for temporary asylum. he's hiding out in the transit zone of the moscow airport. the u.s. is asking russia to hand him over. president obama called russian president vladimir putin for an update on snowden's status. another shake up in the president's administration. homeland security janet napolitano stepping down to take a job as president in the university california university system. several names are floated to replace her. raymond kelly, admiral thad allen and jane harman. a live news broadcast starts off smoothly then gets shaky. >> friday, july 12th. nice to be out there. [ noise ] >> anchorman, that terrifying bang was as a result of a home explosion that happened nearby. two people inside the home at the time did suffer severe burns. the blast also causing damage to nearby homes. they believe it was caused bay natural gas leak. those are your headlines. has that ever happened here? >> similar things. >> you would have the poise and calm -- >> seamless. >> unbelievable. more than 40 wounded warriors and their families are out in queens, new york. they are getting a chance to go sailing, water skiing and scuba diving and part of the ninth annual adaptive water sports festival. janice dean is there this morning. >> reporter: hello. hi, good morning. it's a beautiful day at the beach. a little overcast but the sun will come out i promised everyone here. first let's take a look at your weekend weather. here are your current temperatures. we're dealing with temperatures in thor 60s across portions of the northeast and the great lakes. and then as you head towards the southeast, temperatures around 69 degrees in atlanta, georgia. 71 in raleigh. going to be warm across the central plains today, 82 in dallas. 68 in provo, 86 in phoenix. look at the satellite radar imagery. remember chantal, tropical storm chantal that kind of dissipated over the last couple of days. we're seeing some moisture working its way into the southeast. unfortunately more rain in some cases one to three inches, flash flood watches and warnings are posted. this area has been saturated by rainfall in the last several weeks. this is a trying weekend for all these folks that will be dealing with the potential for flooding. we're not going to see flooding here in the northeast especially at rockaway beach for this waterfall event. i have the deputy executive director for the wounded warrior project and a retired fdny and breezy point resident. tell us about the event. >> good morning. this is our breezy point adaptive water sports weekend. 40 wounded warriors from several military hospitals are here. this is a surfing beach. we have the scuba tank and kayak and water skiing going on. >> how does this help folks would have been wounded in iraq or afghanistan. does it help them rehabilitate? >> yes. the real important aspect is the community comes together to support them. the wounded warrior project is ten years old. the breezy point community our ninth year doing this. they basically have been here and watched wounded warrior project grow. >> let's talk about that. for nine years or eight years it's been held at breezy point. today it's being held at rockaway. tell us why that happened, a storm named hurricane sandy, right? >> devastated the community. and, you know, we were looking for someone to rebuild -- the whole community was looking forward for the soldiers to come back in. it's really uplifting everyone's spirits, the community and soldiers. so glad to be here for them. >> how is the rebuilding going? breezy point we had over 300 homes destroyed. >> unfortunately been tied up with a lot of red tape and bureaucratic garbage and some cut throws in the last few days. they are so far behind. people are standing around don't know how to tell their wives and children why aren't we rebuilding. it's been bogged down in the bureaucracy here. but everyone is coming together. the weather is -- these guys here have been unbelievable between the surfing, the scuba diving, the sailing and fishing and big parade into town. it was well attended. been wonderful so far. >> great. we'll see you guys later on. go ahead. >> rockaway. rockaway. it's always been breezy point and rockaway. >> rockaway if you're in the neighborhood come down and support our wounded warrior project. a great cause. we'll be partaking in a lot of water sports. no i won be wearing a bikini. >> the audience is clamoring for that. >> reporter: no, no. we want the ratings to go up not down. >> al will. get al in a bikini. >> reporter: if you can put my head on a super model's body we'll do it. >> i think you qualify, janice dean, come on. >> she will be in a bikini by 8:01. coming up a nation divided over the zimmerman case. police and pastors calling for calm down there in sanford. we're live in that city with the latest as the jury deliberates this morning. and a major -- nope eeeeh... oh, guys let's leave the deals to hotels.com. ooh that one! nice. got it! oh my gosh this is so cool... awesome! perfect! yep, and no angry bears. the perfect place is on sale now. up to 40% off. only at hotels.com [ herbie ] eh, hold on brent, what's this? mmmm, nice car. there's no doubt, that's definitely gonna throw him off. she's seen it too. oh this could be trouble. 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[buzzer] dangnabbit. geico. fifteen minutes could save you...well, you know. thshe makes a nifty livingn sleeping on mattresses pioneered by engineers whose singluar devotion is not stopping until they have given her the best sleep of her life. that's not greta. save up to $500 on the tempur-ergo collection and get your best sleep possible. visit tempurpedic.com to find a store near you. >> keep going. find your maximum reps. that's how you get results. if you want to look beautiful keep working it. >> we know about the popular regiment to turn your flash into fab. but p 90 x almost killed a young man. >> he said he had to be rushed to the hospital with a deadly kidney condition after two days of the work out. doctors blame his condition on the strenuous exercise. >> here to tell us what work outs to avoid is our fitness expert. p 90 x is pretty intense. >> it is. the bottom line is you have to make sure you're ready for these type of exercises. the first day of p 90 x is is a lot of pull ups and push ups and you can't go from your couch to doing pull ups and push ups in that regiment. it's about being ready and it's about progression. today what we'll show you is how to take some of these high intensity exercises and bring them so everyone can do it and work up to the level that you need to be. >> this is more than just being sore. it released such a toxins in his body his kidneys shut down. let's talk about some alternatives. one of the things they do in p 90 x are these olympic lifts. >> that's basically broken down into three different parts. dead lift, squat lift and a military press or shoulder press. so we'll show you how to do that. instead of jerking you up -- first make sure always your back is nice and straight. you never want to round your back, it's all about safety. you bend your knees. back is nice and straight. you lift. this is part one. that's the dead lift. then we go into the squat. this is the squat. again back and straight my abs are engaged. military press super. >> you like the squat press over the olympic lift that makes sense. >> yes. it's slower. uses less weight. safer. >> still works out all the good things. >> let's move over to high jump box. you want to replace those with lower box jumps. >> that's extremely high. you want to work up to that level. that's fantastic. we can do that. if the last time you jumped was maybe because you saw a bug crawling across the floor you're not ready for that type of jumping. even broken down more, jumping is in the lift. this winds you you're not ready for the box jump. you notice how much lower my box is. bend your knees and you're up. >> this is great, great ways. >> ready? >> go ahead. clayton is winded. >> i'm winded already. >> thanks so much for showing us all these alternatives. >> send us your photos. coming up in just two hours the jury resume deliberating the fate of george zimmerman. judge alex will weigh in. >> experts predict prices at the pump to jump by 20 cents in the coming days. we'll tell you what's fueling that spike. let's see it. phone or email. 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[ ethereal music plays ] [ motorcycle revving ] getting you back on a brand-new bike. now, that's progressive. good morning, everyone. today is saturday, july 13, 2013. i'm alisyn camerota. thanks for joining us. a fox news alert in two hours six women will resume deliberating the fate of george zimmerman. >> this is what really matters for today. and that's self-defense. >> it's not a case about self-defense. it's a case about self-denial. george zimmerman. >> we're live in sanford, florida with any decision straight ahead. >> the president's top cops has new rules when it comes to investigating reporters. does that mean they have been spying on journalist from the start. a former doj official here to blow the whistle. >> fired via text message the harsh way one restaurant owner decided to get rid of their entire staff. the unbelievable story as "fox & friends" hour two starts right now. this is a fox news alert. good morning to all of you. welcome to "fox & friends." we're hours away from a potential verdict in the george zimmerman trial. jurors will resume deliberations at 9:00 a.m. this while deputies are bracing for another day of protests outside the courtroom. >> we go live outside that courthouse for the very latest. jonathan what's happening there at this hour? >> reporter: good morning. right now we're seeing some activity with deputies getting in place, anticipating protesters that they assume will be returning to the front lawn in front of the seminole county courthouse as jury deliberation resume today. those deliberations expected to resume in about two hours from now. yesterday there were about two dozen protesters here calling for the jury to convict george zimmerman while a smaller group of protesters argued for his acquittal. the two sides have been engaging each other in spirited but so far peaceful debate and local officials are urging everyone to stay calm and respect the rule of law whichever way the jury decides. listen. >> we will not tolerate anyone who uses this verdict as an excuse to violate the law. >> the six women jury panel is being asked to consider whether zimmerman was an overzealous neighborhood watch captain who shot 17-year-old trayvon martin out of spite because he fit the profile of recent burglars in the neighborhood. during closing arguments the prosecution kept referring to trayvon martin as a child and said zimmerman fired his gun not because he had to but because he wanted to. zimmerman's lawyers, however, argue their client fired in self-defense. they say trayvon martin attacked george zimmerman, banging his head on the sidewalk. at one point during closing arguments they showed the jury a heavy piece of concrete to argue that martin used the sidewalk as a weapon and zimmerman had good reason to fear for his life. zimmerman is being tried for second-degree murder. however the judge has also allowed jurors to consider the lesser offense of manslaughter if he's convicted of either crime he could face a maximum sentence of up to life in prison. back to you. >> thanks so much for breaking that down for us. here now is judge alex. he's been following this case very closely. he's here to help us sort it out. >> good morning, judge. i'm glad i don't do this early morning stuff every day. >> let's talk about the four things that could happen today. could be a conviction for second-degree murder, conviction for manslaughter, acquittal or a hung jury. that wouldn't happen today. >> the two most unlikely are second-degree murder and hung jury. hung jury when you sequester a jury they bone especially a jury of all women they talk about personal issues. still could happen, of course. second-degree murder because they haven't proved the elements of second-degree murder. if they follow the law i doubt we'll have second-degree murder conviction. if they do the appellate issue is pretty big. may not with stand. >> what can we expect. 9:00 a.m. the jury continues their deliberations. do you see a speedy conclusion to this? >> it's hard to say. obviously yesterday they asked for a list of all the exhibits and description of each exhibit which indicates to me they will meticulously go through this. this will not be a quick resolution. go back in there and say to yourself have they disproven self-defense. if the answer is yes it's self-defense then you have to check not guilty because the prosecution has the burden of proving it wasn't self-defense beyond every reasonable doubt. if you have down it's a quick answer. they will do this slowly and carefully which i think is the right thing to do. >> we keep hearing from the press there is racial implications. zimmerman is hispanic or his mom is peru. trayvon martin was a young black man. i don't think there's a clear racial parable despite msnbc -- >> let me say this. there's a difference between there being be racial tension because the black community feels not just on this occasion but routinely not getting treated fairly. and there being a racial linkedin the evidence in this case. there was a lot of noise at the beginning about this being racially motivated. through the trial there's no evidence of racism on george zimmerman's part. he mentors african-american children. he fundraiss raised for a black. there's not those kind of signs. not to say tension isn't there. >> part of the anger is he wasn't charged for 46 days. you're not going to investigate him? once the charge came out the details exposed much more than two dimensional character. >> the reason for that for those who don't understand, police officers can arrest you if there's probable cause to believe you committed a crime. when you show up on the scene and just one witness and no eyewitnesses and that witness said i was fighting for my life, it was self-defense, without evidence to support it wasn't they can subject themselves to civil liability by arresting that person. we had the same exact scenario in miami we had a blackmail who shot three white males and he claimed self-defense. when they pieced the case together and realized it didn't hold up they went back and arrested him. it happens all the time but the public doesn't know it happens >> you're a judge and i think it's impossible for you not to judge other individuals. >> it's what i do. >> when you sit down and see a judge handling this case in the trayvon martin case how do you think this judge has handled things? antics in the courtroom? anything you would have done differently? >> there's tension between her and don west. >> the defense attorney? >> the defense attorney. you get cases where you have some friction with the lawyer from prior experience. there are rulings that i would have ruled differently on but that's natural. we'll go lunch sometimes and talk about legal issues and we won't agree among ourselves. >> that tension between her and don west made it seem she was predisposed to the prosecution and she was against george zimmerman. >> that's a perception. if you will r- the in this case, the judge was ruling very often against the defense and i would read people saying when will the defense win a ruling and the answer is when the defense is right. i ruled five times important the prosecution so i have to rule five times for the defense. if you're asking leading questions the objections will be sustained against you. that perception comes that you're doing something wrong. >> you don't see any bias? >> no. i saw tension. i see where that's interpreted as bias. >> thank you for being a voice of reason through all of this. we'll check back in with you. >> the judge will stick around. we'll get you some coffee. >> a cot would be nice. >> we have them. >> let's get to your headlines. fox news alert to get to overnight. tough new abortion restrictions cleared through the texas senate. the bill heads to governor rick perry who says he'll sign this into haw. the measures bans abortions after 20th week of pregnancy. ploefrts pack protesters packed the whole. another young girl died from that crash in san francisco. police have now confirmed the one girl was run over by a fire truck. rescue crews say the 16-year-old was covered in foam used to douse the fire coming from the plane. that's why they couldn't see her. investigators still trying to determine whether she died from the crash or from being run over. a week after that crash the runway is back open. a man reportedly kills two women, then opens fire on police in san francisco. as he tried to get away. he surrendered after running out of ammunition. he opened fire in a crowded shopping center shooting one woman and stabbing another. a man was hurt. the shooting was connected to a botched robbery. then who better to take life advice from than eliot spitzer. the disgraced former new york governor is laying down his top ten rules to live by in a new ebook called "protecting capitalism case by case." he also talks about his time probing wall street power brokers as state attorney general. spitzer announced he's running for comptroller of new york city. i don't write the verbs i just read them. >> you write the song to make the whole world sing. >> i do. >> no way you can read a script about elliott spitzer and not get tongue-tied. >> coming up experts predict price at the pump jump by as much as 20 cents in the coming days but what's fueling that spike. >> justice department changing some of its rules for investigating reporters. does that mean the government is now admitting to spying on journalists like our own james rosen? 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[ heart rate increases ] man: a few inches of water caused all this? [ heart rate increases ] woman #2: but i don't even live near the water. what you don't know about flood insurance may shock you -- including the fact that a preferred risk policy starts as low as $129 a year. for an agent, call the number that appears on your screen. criticism over the department of justice's investigations into fox news reporter james rosen and the associated press, president obama said that he would make sure the doj made some changes. >> i'm troubled by the possibility that leak investigations may chill the investigative journalism that holds government accountable. journalists should not be at legal risk for doing their jobs. our focus must be on those who break the law. >> and now some of those changes may be arriving. what exactly will they mean for the working press, for reporters. joining us now from washington is jay christian adams who may have the answer. thank you for joining us. what exactly do these changes mean for the press covering the obama administration? are they going to be spied on less? >> well they still might be spied on. these changes don't change that. what they do change is they will no longer be named conspirators like james rosen or tar get for criminal prosecution which is not such a great thing for the justice department to decide to give this kind of immunity to reporters. that's a job for congress to do. so far congress has been unwilling to extend that sort of blanket immunity for good reason because reporters could actually be operating with mixed motives. they could be, if i was a foreign intelligence service i now want to enlist reporters. most things with this justice department this goes too far. >> what you don't want is the administration acting out of political motives deciding that a reporter's reporting is inconvenient to its political aims, i would argue, in the case for for example in the case of james rosen reporting on what the administration is doing and they wind up with his parents' phone records. how can we stop that from happening again. >> no question, politics should be taken out of it. the problem with this new policy it injects politics back into it. it gives the head of public affairs of the justice department, the office of public affairs the press spokesman enormous new power. she will sit on a committee that goes decide which reporters are targeted and which are not. in the past we've seen totally politicized people who give favors to friends at msnbc and withhold information from fox news. now she gets to, if she were still there, she gets to decide who is targeted for criminal investigation. that's absolutely outrageous. these are political operatives in that office and should have no role in this. >> she was especially politicized, i would say. i think you're absolutely right. so where is the oversight here? >> well the oversight as usual rests with congress. congress is going to have to decide whether or not reporters should get blanket immunity. so far congress has said no. there's some good in these guidelines. for example, you now have to use the least restrictive means to get information. now that was already the rule at justice. they just weren't following it. so there is some good here. they are basically admitting we messed up, we're going to start following our own policies, least restrictive means attempt to work it out, don't get overly intrusive. those are already the standards. now justice will follow them. >> are we ever going to find out all the journalists who were spied upon by the department of justice? >> i doubt it. hopefully the next administration will have the guts to go back and look at all those old emails and tell the public the truth about the scope of this administration's spying on reporters. that's probably going to be the only way. as we've seen this justice department doesn't respond to congress very truthfully or transparently. >> it will be decades before we get to the bottom of everything during the obama administration. thanks a lot. fired via text message. it happens. the harsh way one restaurant owner decided to get rid of his entire staff. >> whole world is on royal baby watch. some of the world. as the duchess of cambridge expected to give birth any day now. an expert on the royals with the pomp and circumstance behind that big day. every day we're working to be an even better company - and to keep our commitments. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five years - making bp america's largest energy investor. our commitment has never been stronger. vietnam in 1972. 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[ male announcer ] usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protection and because usaa's commitment to serve military members, veterans, and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve. time for news by the numbers. first 364,590, that's how much money a police officer in mississippi discovered during a routine traffic stop. it was found inside a secret compartment in the car. police now trying to determine where that money came from. they are confiscating it in the meantime. next ten to 20 cents that's how much a gallon of gasoline is expected to jump in price. the higher gas prices a result of rising oil costs overseas. finally, 200 bucks that's how much you can get by turning in your old ipad. best buy offering that deal today. the money will be put on a best buy gift card. >> i have one. as clayton will tell you. the countdown to b day, that's b for birthday. birth of the royal baby. >> one thing for sure he or she will be born to rule as sunday heir to the throne. the impending birth is causing a frenzy here in britain and the states. >> here to explain is lloyd weber. is today the due date? >> william isn't even in london today. he's about two hours outside london. he can drive there but obviously not expecting think it weekend. the reporters have been hanging outside the hospital for two weeks and getting bored. >> how different from kim kardashian's birth. will we get a twitter announcement? >> it won't be announced first on twitter. they want to keep the theatrics. it will be put on an easel outside of buckingham palace. this is third line to the british throne. they will have a proper occasion about it. >> third in line. that's interesting. this baby, when he or she is born displaces prince harry. >> the bump bumps prince harry and makes royal and constitutional history because whether the baby is a boy or a girl it will be monarch. 3 if william and kate has a girl and then there's a brother, the girl will be the monarch. >> any controversy? i'm watching "game of thrones." there's no controversy? >> no controversy here. i think william looks like both his mother and father and we're very sure william and kate are very much in love. >> we do not know the sex of the baby. do they know the sex of the baby? >> they claim not. apparently they haven't decided on a name. they have a short list. the name has to be royal. so being royal tradition, victoria or alexandria or george. >> that's old school. >> they obviously have the opportunity. i don't think they want to it get out. they want it to be a surprise. the only way to make sure it was a surprise to the public. >> we know a little bit about the plans for labor. she will attempt a natural labor no c section for the royal. >> not too posh to push. she definitely going attempt a natural birth. william is aiming to be by her side obviously. interestingly, charles was very progressive. he was by diana's side 31 years ago and that was not the done thing at the time. >> will she be princess like while delivering the baby. will she not yell at him while she's delivering. will she yell give me my socks. >> she can do whatever she wants. she's under great pressure. diana spoke about how tough it was. it's a tough one for poor kate. we have to feel sympathy for her. >> boy or girl? >> i think it's a girl. i hope it's a girl. >> lots of people think it's a girl. >> what's your money on? >> girl. i always go with whatever she says. >> i'll be back next week going oops. coming up, the jury in the george zimmerman murder trial will reconvene shortly. but how have they reacted thus far? we'll speak to a woman who was in the courtroom and she will say they may have made up their mind. >> a group of wounded warriors not letting hurricane sandy ruin a special event. janice is live in the far rocc rockaway beach. >> reporter: we'll be doing adaptive water sports all morning long. come join us. it's "fox & friends" weekend. you want to see something cool? snapshot, from progressive. my insurance company told me not to talk to people like you. you always do what they tell you? no... try it, and see what your good driving can save you. you don't even have to switch. unless you're scared. i'm not scared, it's... you know we can still see you. no, you can't. pretty sure we can... try snapshot today -- no pressure. 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[ male announcer ] make a powerful first impression. the all-new nissan sentra. ♪ >> that is turbo taco. they are outside in case we need a breakfast burrito. >> this is fox fan weekend. last year we would just do one fox fan night. this year it's at yankee stadium. all weekend. you can sign up. come and all fans will be there. watch the game, of course. this turbo taco truck will be there giving away prizes to kids under 14. the big dream works movie is in theaters on july 17th. these guys are cooking up tacos. what your cooking up? juevos rancheros. >> do you have any spicy sausage? anything more complicated? >> complicated. that's standard for breakfast taco. whatever they have i'll eat it. >> i'll take whatever you are serving. >> follow along at fox fan weekend is the hash tag on twitter and instagram. anyone who is at the game, tweeting out pictures, taking photos. tucker you're going to the game today? >> yes, i am. i literally can't wait. i've never been to yankee stadium. >> never? it's fun. people make treks from across the country to see you. >> we'll be there tomorrow. >> millions of people. >> all right. while you eat your breakfast i'll do the headlines. let me get right to those. there was a traumatic rescue at a national park in indiana. an 8-year-old boy was pulled out from underneath a sand do you know. he was buried alive. 11 feet under for more than three hours. emergency crews used everything from their hands to heavy equipment to get him out. the boy was taken to the hospital and we have no word on his condition yet at this hour. officials believe it may have been a sinkhole. overnight russian immigration officials say they have not received an asylum request from edward snowden. snowden spoke out saying he planned to ask the country for temporary asylum. he's still hiding out in the transit zone of the russian airport. president obama called russian president vladimir putin yesterday for an update on snowden's status. some things shouldn't to be done via text message like firing dozens of employees especially on independence day. one restaurant owner did that. he said i need to inform you i have been forced to close barducci's effective immediately. employees say they are worried they won't get their last paycheck. first he attempted to ride a scooter and now breaking records doing it. you can now officially call norman the world's fastest dog on a scooter. the french sheep dog went nearly 100 feet in just 22 seconds. then he took a victory lap on a bike. what's happening here. you remember, of course, norman showed off his tricks right here in our studio back in february. clayton, you remember that? you might not have been here. >> was that february? it just seems like the other day. was i there? i think that's me standing there. >> i think that was mike and you tucker. >> remember that like it was yesterday. >> there we go. >> i brought you tacos. janice is jealous but she's doing something else special because we're honoring our heroes in new york. it's part of the wounded warriors project. nice to see you janice. >> reporter: nice to see you too clayton, allison and tucker. this is the ninth annual wounded warriors project, wounded warrior project, adaptive water sports festival happening this weekend. it's a four day event. happening at rockaway beach because breezy point was damaged by hurricane sandy last year. first we have to do your beach forecast so let's take a look at the northeast right now. kind of a cloudy day right now across the northeast. we do have the potential for a thunderstorm or two especially along the coast. got a lot of moisture streaming in from the atlantic from courtesy of what was tropical storm chantal. we also have a stationary front draped across the southeast. you can see the potential for rain across the southeast. south central plains will be warm and dry for the most part. the upper midwest we could see a thunderstorm or two especially across the northern plains later on this afternoon, maybe reaching severe limits so keep that in mind. across the west, four corners region we're in the monsoon season so we could see the potential for a shower, thunderstorm or two in that area along the coast it looks really good. all right. we're back at rockaway beach for a very special event today and i have rafael. tell me about, you know, your tour of duty first. >> i left new york, the great state of new york, by the way, 8 november 2011. i ended up going the kandahar region of afghanistan. and i got hurt in 2012, about the last week of august. we had about, just a little bit left of our tour. and when i got back home it wasn't the way i wanted to get home, it was on my back on a plane and a really, really long plane ride. >> tell me a little bit about your injury. >> well, i've had four operations previously on my right ankle, and when i was in afghanistan there was a tower they were posting guard at and when we were coming down one cht sides actually collapsed. and we have a lot of extra weight we put on as far as armor just to keep us safe. when i came down i landed on the ankle that had i had four operations on before. i had a couple more tears, arthritis in it. arthritis in one of my disks in the back and pain in my hips also. >> tell me a little bit about your cane. you have a cool story about this handmade cane. >> got the cane before i got hurt and it was only supposed to be kind of a decorative thing in the house. when i got hurt and told me i had to walk around with a cane they issued me the same one my grandfather had when he served. i figured i'm kind of young walk being around with my grandfather's cane so i got this cut down to size and i got a story for everyone, every where i go. >> tell us about what you did yesterday with the wounded warrior project. >> well i went for the first time scuba diving. and i've done snorkeling before but scuba diving is a different beast. >> how did it feel? >> it felt great. don't have to worry about things like walking under water. so it was kind of -- made me feel free, not have to worry about my injuries. >> what does this project nene you. >> the wounded warrior project i can't even put into words what it means to me. like i said when i got home it was on the back of a plane on my back. and this weekend in particular, the support that i've seen, my wife and i and my niece, just people lined up on the street saying just thank you, i didn't have a welcome home. so, it was intense. >> amazing. what your going to do today. >> >> today we'll be surfing. seeing my friends in the back there. i'm looking forward to it. i find myself doing more things now that i got hurt, so it's kind of inspiring to see everyone else out there so i'm like, you know what? i got to try this >> you're awesome. you're an inspiration to us. you're a hero us. thank you for being here. i can wait to see you surfing. >> i can't wait to get in the water. >> we're at rockaway beach. we're having a great time with the wounded warrior project. what a wonderful group of people. back to you. >> so nice. thank you, janice. >> a great story and a cool cane. thanks so much. >> coming up here on the show the jury in the george zimmerman murder trial continues deliberations this morning but they may have already made up their mine. at who they are in that jury box and what they might decide. >> they position themselves to get the best view but they didn't expect this close of a call with a fighter jet. more of this amazing video coming up. ♪ ♪ i got friends in lowly places ♪ ♪ where the whiskey rounds and beer chases end ♪ my blues away ♪ i'll be okay ♪ yeah the great outdoors... ...and a great deal. thanks to dad. nope eeeeh... oh, guys let's leave the deals to hotels.com. ooh that one! nice. got it! oh my gosh this is so cool... awesome! perfect! yep, and no angry bears. the perfect place is on sale now. up to 40% off. only at hotels.com chantix... it's a non-nicotine pill. i didn't want nicotine to give up nicotine. 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[ male announcer ] ask your doctor if chantix is right for you. welcome back. they wanted a view but didn't expect that they were going to get this close to an aircraft. watch this. that will singe your eyebrows off. onlookers sent running after a fighter jet flu too low. skimming a few feet above their heads. royal air force say there's signs posted there to tell people stay way. twinkies are back. walmart is selling the snack this weekend a few days ahead of the july 14th return date. twinkies made a short disappearance after hostess filed for bankruptcy. well as the jury started their deliberations yesterday afternoon they had the closing arguments of the defense ringing in their ears. >> that's cement. that is the sidewalk. and that is not an unarmed teenager with nothing but skitles trying to get home. . >> compelling but was it enough to counter the prosecution's arguments? our next guest has been in the courtroom throughout this whole thing. joining us now with some insight is a jury consultant susan constantine. break it down. who is on the jury and having spent all this time watching all these individuals, loin six of them, what's your sense of how they are going to decide? >> well, we've got six females on this jury panel. they are all moms. we got a few that are retired. one of the jurors son is an attorney. one is married to an attorney. and we also have one that is was a former director over 1,200 people in a call center. so she has really great conflict resolution skills. i believe she will be our foreperson. i think as far as how this will play in here, even though they are supposed to set aside their emotions i can't help but think they are mothers. varying degrees of ages. i can't begin to imagine they can actually truly set it aside when it comes to the emotion of this case. >> susan, i understand from what you observed while you were in the courtroom you saw the entire front row doing something interesting. they were doing this. they were sitting back, you say, against their seats. what does that tell you about the front row? >> well, in the front row when they are seated back like that, that's telling me that they've already come to their own conclusion. they've rested. they heard all of the information. they were leaning forward most of the time tilting their head in an active listening position. all of a sudden you saw the entire row in a rested position leaning back which is telling me they came to their own personal conclusions. >> if you were to split it up of the six how many do you think is leaning towards the prosecution side how many disorders the defense? >> i would say that what i feel there's four of them that would lean more for the defense side but i think there's a couple of them that are still kind of holding themselves out in the prosecution side. the reason why i say that is because that i've noticed that the emotions of them throughout, when they are listening to evidence when it comes to the photos of trayvon martin, of the autopsies, you can't help but see sadness come over their face or that they shift or move or g get figidity. one of the hispanic girls who i believe was the one that teared up after the closing arguments of the prosecution, she actually -- she's one that i think is, it's going to be one straddling the fence here whether to vote for state or prosecution. >> yes, we had heard those reports that one of the jurors had to wipe away a tear. i'm curious about your thoughts of e40. we don't know their names but they are identified by letters and numbers. e40 took a lot of notes during prosecution arguments. interestingly is she the safety officer. in her 60s. you would think she could relate to the defendant george zimmerman because he was sort of a safety officer. >> absolutely. you know what was really interesting, though, during the defense's case, when she was kind of huddled back and scooted down and she didn't take any notes whatsoever. one of two things is she already made up her mind or totally completely disinterested but at the same time i saw a tremendous amount of juror fatigue. when you have that safety background you can't help connect your own personal life experiences with this particular case and she may very well connect with george zimmerman. >> susan constantine on the scene for us in sanford, florida. 11 feet and 700 pounds, one massive crocodile finally caught. we'll tell you how they got him. >> and where so now. plus in colorado you can smoke pot but you have to pay if you want to work out in the parks. how is that fair? 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(sighs) geico. fifteen minutes could save you...well, you know. >> in the city of denver, colorado, one band has fitness fanatics fuming. >> denver is fighting regulations on group exercise in the parks. we have a fitness exerciser who teaches classes in the park and was kicked out. he joins us this morning. nice to see you. the biggest issue is not people, they don't necessarily want you to work out but it seems hypocritical with faced with this growing pot population, i guess, in colorado where there is encouragement coming to the parks and smoking marijuana but you're not allowed to congregate and actually work out together. >> it makes no sense when we're in the healthiest state in the country, we're talking about ways to limit people's access to parks when we need to be talking about getting them to the parks and getting them moving. >> you're a fitness instructor and you like to have some of your classes outside but you were told during one of these classes, one of the managers there at the park pointed to a sign that said no exercise groups of any size permitted in this area. why not? >> you know, we really don't know. in fact, at that park there are signs up all over the park that say "no exercise groups allowed in this area." again, what message are we saying to people? we need to be saying to the people. come to the parks, come enjoy it. but we're saying the opposite. >> here's what the city says: they say -- this is a statement from them -- we're not saying we doesn't want workout groups in the park. we just don't want commercial groups. a city charter is required for any commercial activity that takes place in the park. basically what they're saying is they think fitness centers have been taking unfair advantage of it being a freeb i e so they don't have to pay for rent somewhere else and you're using the park as your exercise space. do they have a point? >> they have a point but are they next going to charge my baby sitter who is taking my kids to play in the park on a jungle gym because she's making a profit while she's there? where does this stop? >> you get a group, we all see in parks there is always like a guy on guitar. >> charge for that concert. >> and then a group of people gather around him. and now you're able to sit under a tree and smoke pot. you just can't work out in a large group. >> right. god forbid you work out while you're there. >> what do you plan to do about this? i understand you'll be holding some large exercise demonstration. do you expect to be fined? how many people do you expect to show up? >> last night we had about 100 people working out in an amazing park in downtown denver, had a great turnout. we're going to keep exercising there. what we want to do is get people out, get them moving, having a good time there. if we do get fined, we do get fined. but we're going to keep enjoying denver parks until that day comes. >> civil disobedience, right here, exhibit a. instead of a sit-in, you guys are having like a squat-in. thanks so much for telling us the story. >> if you combine the pot with the working out, then they wouldn't be outraged. >> try that. [coughing sound] >> in just an hour the jury will resume deliberations in the george zimmerman trial, but is their mind made up? fair debate at the top of the hour. >> military members not only battling their enemies but their right to express their religious beliefs. ♪ lookin' good, flo! feelin' good! feelin' real good! 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arthur aidala is looking on. mcdonald's. that's right. you heard it here first. ♪ >> good morning again. this is a fox news alert. in just one hour jurors are scheduled to resume deliberations in the george zimmerman trial while deputies are prepared for another day of protest outside the courtroom. >> we're live outside the courthouse with the latest. have there be crowds already amassing at this hour? >> not just yet but jury deliberations are still about an hour off. now that it's daylight, look behind me. you can see the barricades police have set up, this to keep the protests, when they do happen, as orderly as possible. protesters who were out here yesterday vowed to return today as the jury resumed deliberations. there are two separate areas that have been cordoned off for those who are demonstrating against george zimmerman and those who support him. but often you'll see protesters meeting along a common fence to debate one another. yesterday those exchanges were spirited but remained peaceful and authorities are urging the community to keep it that way regardless of what the jury decides. listen. >> we will not tolerate anyone who uses this verdict as an excuse to violate the law. >> during closing arguments, prosecutors described george zimmerman as an overzealous neighborhood watch captain who spitefully shot 17-year-old trayvon martin. prosecutors described martin as a child who was unfairly profiled but the defense argued that the teen attacked zimmerman and their client fired his gun because he feared for his life. zimmerman is being tried for second-degree murder. however, the jury also has the option to convict him of the lesser crime of manslaughter. if he's convicted of either he could face a maximum sentence of life in prison. back to you. >> thanks, jonathan. what will the jury be looking at when they resume deliberations and which side laid out the best closing argument yesterday? >> we have one of the best legal teams in television. we have both watching this trial closely. we were talking in a commercial break, if the jury comes back with a manslaughter guilty verdict, this gives the judge total discretion on sentencing. tell us what could happen at that point. >> she could sentence him to the same amount of time he would have gotten on the murder 2 charge. given her demeanor during this trial, i don't think she is going to give george zimmerman any sort of leeway or any slack in the sentencing. she seemed pretty stern and pretty much in favor of the prosecution, which judges are not supposed to favor either side. her bias was fairly clear. >> even if that's her cousin and nobody knows about it, she has to give him ten years. mandatory minimum ten years. >> for manslaughter, when did that happen? >> a human being is dead. >> man one in new york, 8 1/3 # to 25. a human life has been taken away and a jury has said it is because of that individual's fault. the legislature in florida said minimum ten years for that. >> let's talk about the jury because i think that is interesting too. the way the jury breaks down, we have five white individuals, one black or hispanic, five of these folks on the jury have children. so you have a large contingent, contingency of women on this jury and some have said they may give some sort of a sentencing to george zimmerman because, they don't want the mother of trayvon martin to go home without something. do you buy that argument? >> i actually do and that's the scariest thing for the defense. i think the defense put forth a solid self-defense case. if you had a mix on the jury, you had some testosterone on the jury, i wouldn't be as fearful they are going to come back with a compromise verdict. >> thank god a woman said that because if i said that, i would have gotten destroyed. >> these five mothers and these six women got to see face-to-face the mother of george zimmerman, the mother of trayvon martin. >> ten feet away they sat during the whole trial. that tugs on the heart strings of anyone. let me be clear, those jurors are not waking up right now like whoop-de-do. they're not sitting on a drug case, a d.w.i. case. they understand the ramifications of their decision one way or the other. >> do you think they know if they find guilty on manslaughter he's doing a minimum of ten. >> most jurors today have no idea. i have a jury who said we came back with phrurd in the second did he -- with murder in the second degree because we don't want him in jail. i said actually the judge will give a minimum of five years. they are not supposed to take that into consideration. they are supposed to look at the facts, look at the law and see what meets. >> who do you think had a better closing argument? >> the same team that had a better trial. it was the defense by far. i think the prosecution could have gotten up yesterday and said, ladies and gentlemen of the jury, we got nothing because that's what they had, i think, throughout the entire trial. >> john is right. substantively i believe the defense did have better evidence, they had better facts. but, alisyn, i don't think they seized on that. i try so hard not to be critical of these attorneys because i know what they're up against. but omara did what i was taught not to do. he reiterated the whole trial. you're not supposed to do that. you're supposed to take a scene and say it's self-defense, ladies and gentlemen. it's ten seconds, let's talk about those ten seconds and then plug all the witnesses into the ten seconds. not say first alisyn testified and she told us this, then he testified and told us that. that's boring. three hours. boring! >> at the end of it all, is the closing argument all that important? when you finish strong, is the jury still sitting there saying i hadn't made up my mind until i heard this? or did they hear all the evidence and made up their mind days ago? >> oftentimes the jury makes up their mind after closing argument. the defense sewed it up. the prosecution had nothing to present. >> compassionate -- >> have sympathy, and blood on his hands. that is not the law. that is not the law. >> i apologize. you understand we're talking about the mother and father of the deceased sitting right there. that's what you want to do as the prosecutor. you want to say, alisyn, look, there's mom and dad. don't let this guy walk away. he could have shot him in the leg. he killed him. he killed a 17-year-old kid for walking around with his arizona iced tea and skittles he was wearing a hoodie because it was raining. >> i don't know who i'm convicting or why but i'm convicting them. >> well -- >> having said that, we heard our jury consultant say in the front row half of the jury was in this position. what does that tell you? when you're arguing in front of the jury and you see that, what does that tell you? >> i heard her yesterday. i thought she was great. she said the jurors seemed less engaged. they were taking less notes when the defense attorney was, in my opinion, doing a very scholarly lecture to a law school class as opposed to the prosecutor who got up there, passionately raised his voice, whispered, intonations, using the dummy. >> if the prosecution had facts to support a prosecution, that's what they would have put forward. they didn't. >> correct. >> when the jury gets their jury instruction, there is no passion argument, no commonsense argument. did he commit murder or didn't he commit murder? the prosecution didn't cut it. >> it's human beings that make this decision. that's my point. you appeal -- you know sometimes they don't follow the law. you know that. their justice, they do what they think is right. here, if they think it is right that zimmerman shouldn't have left the truck, shouldn't have acted that way -- >> and trayvon martin shouldn't have pummeled him. >> are we going to get a decision today, arthur? >> i hope not. i've got to go to a birthday party. i won't be surprised either way. >> i thought we would have had one last night. i think they already know. >> stick around guys. no birthday party for you. we're going to bring you back in about 15 minutes when we know something. >> look at your headlines. there's other news to tell you about including this fox news alert. new overnight, the texas senate passed abortion restrictions. the billheads to the governor's desk and says he'll sign the measure into law. this ban abortions after 20 weeks and only allows them to be done in surgical centers. protesters had to be cleared out by police officers. more heartache following the crash landing in san francisco. a third girl has died from her injuries. we're also learning more about one of the two chinese teenagers who died moments after the crash. police confirming she was run over by a fire truck. rescue crews say the 16-year-old was covered in foam used to douse the fire coming from the plane. investigators are still trying to determine whether she died from the crash or from being run over. a week after the crash, the runway this morning is now back open. also this morning, randy travis is said to be resting comfortably but remains in critical condition. his publicist confirms he is under heavyization. the 5 # 4-year-old had a stroke while being treated for heart failure. a florida woman in shock after getting this unwelcome visitor. >> scary. so much scarier and more powerful looking than the gators. >> this is the unwelcome visitor, an 11 foot crocodile jumped out of the lake and into her backyard. wildlife officials had been tracking the crock for years. the massive reptile being taken to more friendly waters in the southern part of the state. that is scare. >> coming up on the show, it is okay for them to be christian as long as they don't talk to anyone about it. the battle our nation's heroes are facing and what one man is doing to help. >> a groundbreaking study on why mcdonald's is the single best place in the world to pick up the hottest women in the world. a true story, believe it or not. ♪ ♪ now i know ♪ i've got to ♪ i've got to ♪ run away ♪ ♪ ♪ at the dark end of the street ♪ ♪ ♪ you and me ♪ you and me ♪ you and me ♪ see, i knew testosterone could affect sex drive, but not energy or even my mood. that's when i talked with my doctor. he gave me some blood tests... showed it was low t. that's it. it was a number. 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[ voice of dennis ] indeed. are you in good hands? when you experience something great,ou want to share it. with everyone. that's why more customers recommend verizon, america's largest 4g lte network. >> the fight for faith continues. this time it is religion within the ranks. we're talking about the military ranks. it seems like it is a problem for the white house. they're fighting an amendment that would guarantee free religious expression in the military. louisiana congressman john fleming is sponsoring that amendment and joins us now. congressman, thanks for joining us. how exactly is the white house justifying its opposition to what seems pretty straightforward defense of the first amendment? an individual's right to practice his religion. >> tucker, that's a great question. to be honest with you, the white house really is not defending their position. for some reason they don't want military members to be able to freely express their religious beliefs. and we've seen with this administration a broad front not just in the military but in other areas as well. >> it doesn't really add up. i mean, this is an administration that put a premium on protecting the rights of the individual right is beefed up, enforcement of various civil rights laws in the civil rights division of the justice department. you'd think they would be interested in protecting the most basic of all civil rights which is the right to practice your religion. how are they getting in the way? >> ways we've seen during the obama administration, tucker, a lot of things have happened. we've seen bibles taken from the rooms of walter reed hospital. we saw franklin graham, who was disinvited after being invited to speak before groups. we have chaplains who have been intimidated with administrative, if not judicial punishment for sharing their faith with others, individuals not being allowed to put a bible on their desk. and so we decided to put an amendment in the national defense authorization act that would say that military members are fully entitled to express their faith as long as it's within certain confines, which would be military readiness, good order and discipline, military necessity. of course without any coercion to others. for some reason, the administration has been against that. >> it's one thing to pass a law, in this case an amendment to the defense authorization act. it's another thing to enforce it. that's where the obama administration has fallen down; correct, in enforcing this law? >> well, the current language, i think, is somewhat adequate, but it's not -- it's a little bit vague and not being properly enforced. so my language will clarify this. it did pass through the house armed services committee. senators ted cruz and mike lee took it up in their armed services committee in the senate. it flew through their kpwh-t as well. half the -- through their committee. half the democrats voted for it. we're really asking that the president go ahead and reconsider his position on this and sign it into law. but for your viewers who are interested, we actually have a brochure on my website, a clear and present danger where you can learn more about this. all the different things that have occurred over the last five years. and simply go to fleming.house.gov and you can learn more about this. >> congressman thanks for bringing this to our attention. i bet if you did a poll about this you'd find an overwhelming majority of americans support your position. a huge shakeup on live television. watch this. >> the studio had a little bit of a ruckus. we'll have to see what that's about. >> we'll tell you. still ahead. a new sci-fi thriller in theaters this weekend but is "pacific rim" worth your time and money? one man can answer that question. his name is kevin mccarthy. he's our movie guy. he's up next. announcer: announcer: you're on the right track to save big during sleep train's triple choice sale. for a limited time, you can choose to save hundreds on beautyrest and posturepedic mattress sets. or choose $300 in free gifts with sleep train's most popular tempurpedic mattresses. you can even choose 48 months interest-free financing on the new tempur-choice with head-to-toe customization. the triple choice sale on now at sleep train! ♪ sleep train ♪ your ticket to a better night's sleep ♪ >> it's fosters versus robots in the much hyped still "pacific rim." >> today we are canceling the apocalypse. >> one of the movies making a big debut this weekend. a seller blockbuster or bust? we have kevin mccarthy with us from l.a. to answer that question. should we watch this movie, kevin sph >> there is a scene where you have a machine the size of a 25-story sky scraper picking up a boat the size of a "titanic" and slapping a monster in the face. that is epic nerd, i was geeing out. we have a masterful director in the sense he makes movies nerds want to see. you can feel the love coming through. the director did hell boy and the story here is an homage to monster movies. you have monsters coming up from a portal in the pacific ocean and massive machines created by humans to fight these monsters. it is an action movie you can actually see. the camera is back and you can watch it. not like the -- the camera is not jittery. it is fun to watch. it is an hour and 50 minutes of pure awesome and 20 minutes of cliche mediocre. i gave it a three and a half. i sat down with two of the lead stars because a lot of fight scenes are c.g.i. but when they go inside the machines these actors are actually op raeurgt. ii-- actually operating. i wanted to know what that feels like. >> we are on essentially an elliptical machine. our feet were strapped into it. if we fouled, we would break our ankles. we needed to wear a harness. after about 12 hours in a harness, the crown jewels are feeling a little crunched up. >> oooh. >> talk about nerd tears. >> that is classic. great stuff. so from that really like epic monster film to grownups, tell us about this movie that has an all-star cast. how was it? >> yeah. what a disaster. this is the worst film i've seen this year by far. it's an excruciating, painful experience. i love these four actors. the first "grownups" i gave a zero point five out of five. it is one of those movies as you're watching it, you feel this painful, excruciating experience. i love these actors but i found myself bored. there came a point in the movie where i was counting the number of people leaving the theater to go to the bathroom and timing how long they were gone because i was so bored. i had a similar experience when i checked out another network's new morning show. but luckily i'll be able to turn that off immediately. >> how do these four guys make such a lousy movie? >> the direction, the editing, the mean-spirited comedy. i gave it a one out of five. i would rather watch the lone ranger ten times in a row and i hated that film than ever watch "grown-ups 2" ever again. make sure you see "pacific rim" in i-max. it's worth the 3-d. >> this is why i don't watch a lot movies. but i trust your judgment. kevin, always great to see you. >> appreciate it. >> anybody have any movie questions. >> coming up here on the show, you're looking live this morning at the sanford courthouse where in just about 33 minutes from now the jury in the george zimmerman case will resume deliberations. will they give their verdict? plus governor mike huckabee is here. what he has to say about the latest news out of washington including the d.o.j. changing its tune admitting it does spy on reporters. coming up next. this day calls you. to fight chronic osteoarthritis pain. to fight chronic low back pain. to take action. to take the next step. today, y will know you did something for your pain. cymbalta can help. cymbalta is a pain reliever fda-approved to manage chronic musculoskeletal pain. one non-narcotic pill a day, every day, can helpeduce this pain. tell your doctor right away if your mood worsens, you have unusual changes in mood or behavior or thoughts of suicide. anti-depressants can increase these in children, teens, and young adults. cymbalta inot for children under 18. people taking maois, linezolid or thioridazine or with uncontrolled glaucoma should not take cymbalta. taking it with nsaid pain relievers, aspirin, or blood thinners may increase bleeding risk. severe liver problems, some fatal, were reported. signs include abdominal pain and yellowing skin or eyes. tell your doctor about all your medicines, including those for migraine and while on cymbalta, call right away if you have high fever, confusion and stiff muscles or serious allergic skin reactions like blisters, peeling rash, hives, or mouth sores to address possible life-threatening conditions. talk about your alcohol use, lir disease and before you reduce or stop cymbalta. dizziness or fainting may occur upon standing. take the next step. talk to your doctor. cymbalta can help. still doesn't feel real. our time together was... so short. well, since you had progressive's total loss coverage, we were able to replace your totaled bike with a brand-new one. the tank, the exhaust... well, she looks just like roxy! you know, i'll bet she's in a better place now. i'm sure she is. 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[ male announcer ] make a powerful first impression. the all-new nissan sentra. ♪ >> welcome back. this is your fox news alert. we are just 30 minutes away from jurors resuming their deliberations in the george zimmerman trial. >> we're live in sanford, florida, with the latest. how does it look? >> good morning again. you can see the police barricades behind me in anticipation of protests which authorities believe will resume once jury deliberations get underway in about half an hour from now. yesterday as deliberations were first starting, small but spirited groups of protesters gathered outside the courthouse. about two dozen protesters were calling for the jury to convict george zimmerman and a smaller group was calling for his acquittal. at times the two sides would meet at a fence and engage in spirited but peaceful debate. law enforcement are saying they won't tolerate anyone on either side who uses the jury's verdict as an excuse to violate the law. as for the verdict, that ultimately will depend on what jurors think about george zimmerman's mind-set. did he shoot out of spite in which case jurors may decide second degree murder? was it careless, outside of the law in which case jurors may decide manslaughter. but if the jury sides with the defense which has been arguing that george zimmerman was in fear for his life they may acquit him and he could walk a free man. >> all right. we will obviously keep it tuned here because in half an hour we may have a lot more information. thanks for that preview. let's get to your headlines. it was a race against time at a national park in indiana after an eight-year-old boy fell into a hole on a sand do you know and was buried -- on a sand dune. emergency crews used everything from their hands to equipment to lift him out. he was taken to a hospital but no condition update. >> russian officials say they did not receive asylum request from edward snowden. right now snowden is still in hiding at that transit zone in the moscow airport. the u.s. is urging russia to hand him over to face espionage charges. president obama called the russian president yesterday for an update on snowden's status. >> a news broadcast gets shaky. >> friday july 12 -- oh! >> that terrifying bang was the result of a home explosion happened nearby. two people inside the home did suffer severe burns. the blast causing damage to nearby homes. investigators say they believe it was caused by a natural gas leak. >> can you do us the honors of telling us when you worked at mcdonald's how lucky you used to get? >> new research backs up what i long new about mcdonald's. have you ever dreamt about becoming the world's next top model? it turns out one place you need to go to make it reality. a top model scout claims a fast food restaurant is one of the best places to discover beautiful girls and find new talent. he claims summer is the best time for finding new faces. with confirmation on the story, want to bring in governor mike huckabee who believes the waffle house is in fact the best place. >> are you serious? this is the segue? i used to work at mcdonald's, and i don't know that i can corroborate that story. >> probably not. >> you didn't see beautiful models roaming around. >> ham and cheese, mcmuffin. working the fry machine. the justice department has issued guidelines that have been promised in the wake of these spying scandals on journalists that they say will help curb spying on journals. but the headline seems to me they have been admitting they have been spying on journalists. >> this is like when my kids were four years old and said i didn't do anything wrong. i'll never do it again. this is a administration that never has responsibility apply to anybody. who came forth and said what we did was wrong, we're liable? nobody. whether the i.r.s., the d.o.j., this is the pattern is that nobody gets punished for doing wrong. it is like excuse me, forgive me, i'm sorry, won't do it again. but when we -- the citizens of america -- do something, whether making a mistake on our tax returns or are doing something that is illegal, we don't get that same kind of option. it's just -- i think it creates a contempt for law is what it does. >> one of the issues was that they were able to go through these records if they labeled this person a criminal. and now this is being pulled back so that they don't have to -- they're not going to be labeling them a criminal anymore. it would have to rise to the level of criminal activity, be directly involved in some sort of criminal activity before they can go after this information. >> what happened to james rosen of fox news was inexcusable. not only did they name him a coconspirator, they tapped his parents' e-mails. those are the kinds of things we don't do in america. that's not who we are as a country. journalism has always been protected unless they did something criminal. but reporting the news, even getting the news and having sources that provide them information, that's not criminal. if somebody shouldn't have told it, they're in trouble. but the person who receives it for sr-r -- having been able to be a source, that is not a criminal activity. >> this next bombshell story is during the messaging or the sales of the affordable care act, a.k.a. obamacare, the unions came to the aid of the president to talk about how it would be good for the country. they this week penned a scathing letter saying not so fast. we no longer think this is going to be great for the country. in fact, we think this will break the american backbone and the 40-hour work week. they don't like it anymore. >> no longer a theory. now it is becoming the practical effect of the law. we were talking about mcdonald's earlier. i read a pundit this week who said taco bell is going from having 30 40-hour employees to having 40 30-hours employees. younger people will be paying up to $5,000 a year for health insurance where many of them, their annual costs was $1,000. when all these young obama voters find out their already stretched paycheck paying back student loans is going to be busted by an additional $5,000 more, maybe the luster and love for the obama administration may wear off. >> this is so exactly what any sober person predicted would happen is in the first place. to read this letter from hoffa among other union bosses lets you know that maybe the plan from the beginning was something larger. are we on the way to single-payer health care? >> either a repeal of obamacare and going back to a marketplace that does have loopholes. there's no doubt that there's some gaps in the ability of people to be covered. are we are going to go to a single-payer. however, if we do that, keep in mind we're going either way to a dual layer of health care system. one will be costlier medicine where people of affluence or people who want to make this their priority will access doctors individually or contractually. you'll have medicine where you're in fantastic care or you'll get in line, take a number and hope you don't die before you're able to see a doctor. >> in campaign after campaign, we have put boots on the ground, gone door to door to get out the vote, raised money to secure this vision. now this vision has come back to haunt us. >> everyone was saying this is exactly where obamacare would take the country. i don't know why they could be so naive in thinking early on that this wasn't the ultimate destination of the affordable care act. >> there you go. governor is going to be joining fox news tonight 8:00 p.m. on the big huckabee show. who do you have coming on the show tonight? >> if we have a verdict, all bets are off and we'll have a complete zimmerman wrap-up. if we don't have a verdict we've got coach lou holtz who will be talking about aaron hernandez. why is it that athletes feel like they are above the law? here is a man who has been a strong disciplinarian and he can explain why some coaches need to ante up and say you're not going to play for me if you don't behave. >> he is a great guy. >> just an amazing human being. >> thanks, governor. we'll be watching. >> speaking of the trial and deliberations, we're 15 minutes away from the jury -- six women reconvening to deliberate the fate of george zimmerman. will their gender play a part of theout come? we'll tackle that question next. >> the government is paying millions of dollars to make a cheaper, better and stronger beer. is this a good use of taxpayer dollars? coming up. ♪ ♪ . . . my name is mike and i quit smoking. chantix... it's a non-nicotine pill. i didn't want nicotine to give up nicotine. 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[ male announcer ] ask your doctor if chantix is right for you. i don't smoke. every day we're working to and to keep our commitments. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five years - making bp america's largest energy investor. our commitment has never been stronger. championship -- fox news alert, george zimmerman's fate in the hands of a six-woman jury. >> i almost wish that the verdict had guilty, not guilty and completely innocent. i would ask you to check for that one. you've got to check the not guilty, check the innocent. >> in 15 minutes from now the jury is set to restart deliberations. how will the jurors' background and the complex questions they face affect the verdict. we know a little bit about each juror from the voir dire process. >> let's talk about who the jurors are to begin with. there are six women on the jury. five are white and one's hispanic or black. five of the jurors have kids. and this is a jury in a county in which 90% of the jury rate is white. juror number one, a white female in her 60's. a safety officer. >> that is interesting, a safety officer. that's what you can argue george zimmerman was acting as a neighborhood watch tkpwaoeufplt >> -- neighborhood watch guy. >> juror number two, white female married. juror number three, e-29, a black hispanic female, a nurse with eight children. >> eight children! >> if you believe people vote based upon your racial preference, racial interest, perhaps she has an interest against george zimmerman. unknown. unfortunately we keep talking about white and black and hispanic and that's how we denominate these jurors. juror b-51 potentially a leader. a white woman not married, no children and ran a call center supervising 1,200 employees. >> what does that tell us? >> strong a strong leader potentially, someone that is willing to make decisions, someone able to lead a pack of people. the next juror a white woman, married with two children, had a conceal the weapon permit. no longer has it. let it expire. understands handguns potentially, understands long arms, understands training in terms of weapons and understands the need to have a weapon for self-defense. the next juror a white woman, married with two children and rescues animals. it's interesting, there is a whole pet theme that goes through a lot of these jurors. they love pets. so it's an all-woman jury and mostly white jury. they're going to bring their experiences and background. they have been told to put their prejudice and bias out of their mind in coming to a conclusion in this case. >> i don't know how you lawyers ever seat a jury and figure out who would be sympathetic to your side. >> you try to, but the evidence is the most important part of this case. in terms of the evidence in the law, it is really important to understand and it's important in terms of of what omara did yesterday. let's look at one of the points he made. he said not only should his client be found not guilty, he should be declared absolutely innocent. >> that's what he would have said. >> that the verdict has guilty, not guilty and completely innocent. i would ask you to check the blot, check the not guilty, check the innocent. >> he's basing that on his belief that this is self-defense, a clear-cut case. >> a clear-cut case of self-defense. what he did was showed a chart before the jury that showed all the different possibilities by which his client should be acquitted on the self-defense. the justifiable use of a deadly weapon to repel trayvon martin. his point, and it's an important point under florida law and it's been affirmed time and time again, even if there's a mere possibility, a mere possibility that george zimmerman engaged in self-defense to repel trayvon martin, he should be acquitted as a matter of law. >> i don't remember that in the jury instructions. i don't remember it being that clear-cut in the jury instructions. >> you are always brilliant and i always tell you that. it's not but it's part of the shifting burden in the state of florida. there is a burden on the prosecution to prove their case beyond a reasonable doubt. the judge has decided that there is a plausible and factually based self-defense basis. on the basis of that, all the defense needs to show is a mere possibility that he engaged in a self-defense maneuver to save his life. and on that basis under florida law, he should be acquitted. >> in 11 minutes, you think they're going to come out with a decision? >> i don't. it might be today. i think they're taking their time. >> got it. thank you so much for the analysis. a top democrat is demanding more answers from the inspector general who uncovered that i.r.s. targeting scandal. janice dean is live in queens hanging ten with some of our nation's heroes. hey, janice. >> surf's up, alisyn. we are with a wounded warrior project here at rockaway beach. we're going to be doing some surfing. i might be surfing and wearing a bikini so you have to stay tuned for that. . . when you experience something great, you want to share it. with everyone. that's why more customers recommend verizon, america's largest 4g lte network. we have a great segment to bring you right now. the wounded warrior project is all about honoring our heroes who have been injured in the war on terror. and this weekend, they are being honored in a very special way. >> that's right. they're taking to the waves. and janice dean is there. are you out in the water? is it a little too cold for that? >> reporter: yes -- no, no, i'm going into the water right now. but this is as close as you're going to get, okay? i'm sorry i'm not in a bikini and not surfing. i had to get you to tune in, though, right? butch freeman, thank you for being here. and tell us what you do with the wounded warrior project? >> i'm one of the wounded warriors, i do peer mentoring for them for the odyssey. that's about it. >> tell me about your experience. what happened to you and how it brought you to wounded warrior project. >> i was deployed with the maine army national guard in '04 to iraq. and i was blown up in the mess hall. and then after that, i -- like i said, it was three years in my bunker and then i found out about the wounded warrior project, come out and it's been going pretty good sense. >> reporter: we were talking earlier about being in a comfort zone that you didn't want to go out and talk to people. but now, look at you, you're a peer mentor. >> yeah, i was one of those guys that my comfort zone was very small. and i'd just go out, do my deployments, come back and get rid of -- i had no friends. i lost all my friends and everything. and then my wife, with the support of my wife, got me to go to the odyssey, took me a year and a half to get me to go there. once i went, i felt i wasn't alone. you know what i mean? i felt there was a hope. there was a sunshine there at the end. other than that, you know, it's just my comfort zone started getting bigger and bigger and bigger. but i still have a comfort zone. >> reporter: but you're getting back and that's important. is this your first adaptive water sporting festival? >> yes, ma'am. i got to go surfing and i'm a surfer. >> reporter: that's great. look at these guys. they are -- this is amazing. if they can do it, i know i can do it, as well. >> yes, you can. >> reporter: fantastic. thank you so much for being here. thank you for all you've done for our country. >> no worries. thanks a lot. >> reporter: this is what yo do? like this? that's about as close as you're going to get for me any kind of surf lingo or being in a bathing suit. but i am here for an important festival and that's the adaptive water sports program. >> that's right. we love watching everybody behind you and all the heroes and seeing them get out there is really heartening. so thanks so much, janice, for bringing that to us. >> thanks, janice. deliberations resume in just minutes, literally in minutes in the george zimmerman trial. geraldo rivera is there live. a dog stranded on a window ledge in new york city. the fox news alert. you're looking live in sanford, florida, right now. jurors in deliberations. deputies have set up barricades outside the courtroom in anticipation of protesters returning for a second day. law enforcement is calling for calm. saying they will not tolerate anyone who uses the verdict as a reason to break the law. yesterday, the defense spent three hours presenting closing arguments, but the state got the last word. calling zimmerman a liar. >> let's listen in to what's going on in the courtroom right now. it's possible that the jurors are back with a decision. let's find out. >> -- your honor. >> please be seated. good morning, ladies. welcome back. i'm going to ask you my questions. if your answer is yes to any of them, please raise your hand. during the overnight recess, did any of you have any discussions amongst yourselves or with anybody else about the case? >> no, your honor. >> did any of you read or listen to any e-mails, text messages, tweets, social networking blogs or social event working pages about the case? >> no. >> did any of you create any of those items? >> no. >> did any of you read or listen to any radio, television, or newspaper reports about the case? >> no, your honor. >> okay. we're going to send you back to deliberate. all of the evidence if it isn't already back there will be back there with you in just a moment. let us -- if you have any questions or any requests, please put them in writing and hand them to the deputy. thank you very much, you are excused. >> all right. the all female, six-person jury is now going back for their second day of deliberations. they've already deliberated about 2 1/2 hours yesterday. we want to bring in geraldo rivera who has been following this case closely. good morning. >> reporter: hi, allison, how are you? >> doing well. what do you think of what we've learned so far about the closing arguments and how the deliberating is going? >> reporter: well, this is where the rubber meets the road, the jury has already for 3 1/2 hours yesterday afternoon and evening contemplated whether or not the state met its awesome burden of proving beyond a reasonable doubt not only that george zimmerman committed the act of murder in the second degree or manslaughter, but also they have to prove beyond a reasonable doubt that george zimmerman did not have a right to use deadly force to protect his own life, self-defense, in other words. so i believe the jury will see this case, if they understand the law, relatively simply. there's a lot that surrounds this case. everybody knows, this is an emotionally fraught case. an unarmed teenager, an attractive young man who had loving parents whose life was snuffed out, a kid who was unarmed carrying the skittles, the infamous skittles and iced tea. on the other hand, you had a man who thought he was a hero in the neighborhood, neighborhood watch captain intent on stopping the burglaries being committed by these young black males from the neighboring community. you know, both of them in this tragic collision. that's the way i see it. both of them acting in the right as i see it. a tragic confluence of event. these two men coming together on that awful night and the death ensuing. >> one of the reasons this is such an emotional case is because it's seen by many as a metaphor for something larger. and one of the reasons it's seen as a metaphor is because the president of the united states inject eed race into this case saying, if i had a son, he would look like trayvon martin. in other words, this could've happened to any young black man. he made this is a case about race, did he not? >> reporter: well, it is a case about race. there's a couple of -- and that's a complex point you raised. i think first of all, the president of the united states had no business injecting himself in that way. it seems so extraordinary for him to do that. and i believe that when you sum up all of the pressures, the marches, the demonstrations, everything else that caused after 44 days, this man george zimmerman, to be arrested. it speaks and stinks of race politics. there's no getting around that. but it is now a race case. there is as you speak to people around this country, and tucker, you know that as well as i. white people basically lining up behind the defendant. black people, basically lining up behind the victim and the victim's family. this has like the o.j. simpson case which i also covered at another phase in my life the ultimate race case. i think the responses for how the verdict comes down will be that. and it is tragic. why is it tragic? as a lawyer, this is really a technical case. under the law in the state of florida, regardless of how an incident begins, if the person who invokes the claim of self-defense was acting himself lawfully and george zimmerman was acting lawfully, every right to be the neighborhood watch captain, every right to protect his home and his hearth. once the altercation with the bigger, younger, stronger trayvon martin, turned against george zimmerman, once he had the upper hand in the state of florida, if george zimmerman felt he was at risk of being gravely injured or killed, he had the right under florida's unique self-defense law to protect himself with deadly force. i wish mark o'mara the defense attorney had stressed that. i think a lot about this case has gone off into various tangents. you know, there is no doubt, but that i think a reasonable, normal, ordinary prudent person on that jury in my view will find george zimmerman not guilty by reason of self-defense. >> i mean, it's interesting you say that, geraldo, there are some close court watchers who disagree with you this morning. where you say it's still a race case and it's a very high-profile race case. i think there are some court watchers who are saying maybe at the outset it was, on the surface. but when you began to peel this onion back and began to see george zimmerman helped a homeless black man who had been beaten up by a police officer, went to his defense, a number of other situations which didn't necessarily paint him as the racist he was maybe made out to be in the beginning that has changed their opinion as this case has unfolded, though. you don't see it that way? >>reporter: i really don't. i'm on twitter and i get responses from people who are following me. and i have to say that they come down on a race line that is as black and white as black and white can possibly be different from one another. there is act actry moany there,s happens to black men as historically it is a plague on the nation this is just one more example of that melancholy history and i hear it and i'm telling you, i do believe this is at its heart, you know, in sociological rather than legal terms a race case. now, again, i go back to being the lawyer. this is and should be a technical self-defense case. but i lament the fact that there is this huge distraction, but there is no doubt in my mind that this is a race case. there's no doubt in my mind either that these two men racially profiled each other. the testimony makes clear that to trayvon martin, george zimmerman was just a creepy white cracker, just another one of those quasi, you know, racist, almost by implication. and george zimmerman, one of those punks, another one of those punks, these f'ing punks always get away with it. just like the others that had burglarized the retreat over the last weeks and months. i think these guys profiled each other. it's a race case in terms of the atmospherics, but i wish and i hope that this jury of, again, well-selected jury will see through all of that noise and determine whether or not the state has proven beyond a reasonable doubt that george zimmerman did not have the right to use self-defense, deadly force. >> now, geraldo, i was fascinated to hear you say that regardless of how this altercation began, if you still think your life is in danger, you can defend yourself under the law and it can be self-defense. why did they devote so much time to who was on top, who threw the first punch, who said the first provocative thing to each other. it's almost like the jurors don't know it is based on regardless of who began it. >> reporter: i really, you know, going back to that particular point, i wish mark o'mara who did a great job during the trial itself, had stressed it, had banged his fist on the table, let people know, did the state prove beyond a reasonable doubt that george zimmerman did not have right to use deadly force to protect himself? that's what this case is about. and it really doesn't matter. the only precondition, and let me add this in a hurry. to invoking successfully self-defense is that your conduct at the time you invoke self-defense has to be legal. i can't bust into your house and you tackle me a burglar and i kill you because you have the upper hand. the burglar can't invoke self-defense because he was doing something illegal. george zimmerman, everybody agrees, had every legal right to be there, to be the neighborhood watch captain and then once things turned against him and trayvon martin had the upper hand, i see this very clear cut that he had the right, george zimmerman to use deadly force to protect his own life or protect himself from grave bodily injury. >> the fear, geraldo, before we let you go is this spills into some sort of a rodney king verdict, right? we have people taking to the streets, people being killed, violence, of course, the community down there in sanford, florida. know it well, lived right there. they are worried about this. they want calm, want you to raise your voice not your hands. is that your fear, as well? and what are you hearing from the people you've talked to down there? >> reporter: i don't see it, clayton. i have to say, i don't see a rodney king-like reaction. there's no videotape played over and over again. the response has been less visceral. certainly it has been widespread. >> right. >> but it's been widespread before all the facts are known. having covered urban uprisings in the riots in the summer of 1970, i can tell you, i don't see any of that vibe. i predict there'll be maybe anger at an acquittal, but it will not manifest itself in anarchy or civil disobedience, law breaking, yo uh might have sit-ins in college campuses and such. but there will not be, i believe, looting and that kind of unlawful lawlessness that followed the rodney king verdict. this will be more broken hearts, i think, than it will be really people losing it in anger. >> so very quickly, what's your prediction for when we're going to find the verdict? >> reporter: gosh, on that, i don't know. i think that we'll get another clue or two over the course of this morning. remember, yesterday, one of the things they asked for, the jury, the only thing as far as i can recall was this inventory of the evidence, of the exhibits that were introduced in evidence. so that made it pretty clear to me that with the six ladies on the jury are intent on doing is being pretty meticulous in going through the case. they understand how other juries and other high-profile cases arrived at a verdict in a snap. they don't want to be criticized. it seems to me by this request, we're only guessing here, for the inventory of the exhibits, it could if we get other requests by the jury as the morning progresses, could be stretched out over the day, over tomorrow, maybe. it's up to the jury how long they deliberate. it could be monday. on the other hand, if they do not ask for any more exhibits or evidence to go back over those kinds of, you know, things they have to be contemplating right now to make a fair, full legal verdict, you could get it quickly. we'll watch. the key will be whether or not they request any more information. >> it's going to be an interesting morning there. obviously we are following it throughout the remainder of fox and friends. geraldo, always great to have your analysis. thanks so much for being with us. if you're waking up with us now, deliberations have resumed in the george zimmerman murder trial. we will keep it right here because we're going to be watching that closely. as geraldo will be standing by there, as well. coming up, the man who uncovered the irs scandal now the target of a top democrat. elijah cummings demanding more answers from the inspector general. our next guest wants to alert the pc police. the school punishing kids for playing games like using imaginary guns deserve to be punished themselves? hey, buddy? oh, hey, flo. you want to see something cool? snapshot, from progressive. my insurance company told me not to talk to people like you. you always do what they tell you? no... try it, and see what your good driving can save you. you don't even have to switch. unless you're scared. i'm not scared, it's... you know we can still see you. no, you can't. pretty sure we can... try snapshot today -- no pressure. welcome back. our next guest is calling the pc police on our nation's schools. he says schools that punish kids for playing games like using imaginary guns deserve to be punished themselves by having their federal dollars slashed. congressman, thanks a lot for joining us. our viewers may be surprised to learn is an actual phenomenon. schools that are punishing kids for brandishing this, this would be a hand in the shape of a gun. punishing little kids for this. colorado, a 7-year-old suspended for throwing an imagination hand grenade. how will your legislation stop this? >> well, first of all, i want to say, there's one child who ate a pastry that they accused the kid or the child of turning it into a gun. i thought it looked more like a b2 bomber than a gun. >> even more dangerous. >> even more dangerous, yeah. and you can't do that. i guess i'm going to get kicked off the set for that. but what we're saying is that the schools go too far in their craziness, if you look at what's going on, obviously, that's happening. we're going to cut some of their funding. this government does this all the time when -- whether the states don't pass the age of 18 for drinking, we cut their federal funding for driving. we can do this as a precedent for it, and i think it's long overdue. it traumatizes the family, traumatizes the kid. it's crazy. >> well, sure, the schools are demanding federal money and they are. they want local control, but federal financing. >> correct. >> it seems to me they ought to get federal oversight with that federal money. >> exactly. and -- but if you look at the child and actual kids, one child was a deaf person who did this for his name and wanted him to change his name because it implicated he was actually making a gun out of his hand. this is the kind of nonsense. we're not teaching arithmetic or math, but political correctness. and this has gone so far from what i think parents want and really what federal dollars should be used for. >> so in palmer, massachusetts, a kindergartener brought a lego gi joe gun. being one of those plastic pieces that snap together, on to a school bus, he was suspended and required to write a letter of apology to the bus driver and the other students on the bus. who is making a decision like that? >> this is crazy. i don't know who is in charge of this but it's spreading throughout our country, and it's bizarre, you're kicking kids out for -- and really like i said traumatizing the kid because he put a bunch of legos together, he's marked as a criminal for the rest of his life. this is nonsense. when i was younger, we played cops and robbers, used sticks and our fingers. and we didn't get in trouble. and now we've gone so far p.c. in this country, somehow that's going to make a difference if a kid, you know, is going to brandish a finger. >> ridiculous. ridiculous. congressman stockman, thanks very much for coming on. >> thanks. >> we appreciate it. well, we're watching and waiting for a verdict in sanford, florida, the jury just started deliberating in the zimmerman case. what to expect in the coming hours. plus, a new ssy-fy flick. so then the little tiny chipmunks go all the way up... ♪ [ female announcer ] when your swapportunity comes, take it. ♪ what? what? what? [ female announcer ] yoplait. it is so good. you will lose 3 sets of keys 4 cell phones 7 socks and 6 weeks of sleep but one thing you don't want to lose is any more teeth. if you wear a partial, you are almost twice as likely to lose your supporting teeth. new poligrip and polident for partials 'seal and protect' helps minimize stress, which may damage supporting teeth, by stabilizing your partial. and 'clean and protect' kills odor-causing bacteria. care for your partial. help protect your natural teeth. care for your partial. geico's defensive driver,ke 13. good student and multi-policy discounts could save you hundreds of dollus. engineer: uh geico's discounts could save you hundreds of "doll-ars." it sounds like you're saying "dollus." dollus. engineeif you could accentuate the "r" sound of "dollars." are...are... are... engineer: are... arrrrrr. arrrrr. someone bring me an eye patch, i feel like a bloomin' pirate. geico. fifteen minutes could save you fifteen percent or more on car insurance. honestly, i feel like i nailed that. fox news alert for you. this is a live look at the courthouse where six jurors are deciding the fate of george zimmerman. they are just about 20 minutes into day two of deliberations inside there. and moments ago, george zimmerman and his defense team made a brief appearance as the judge gave the six-member all-female jury more instructions. she basically was questioning them about whether or not they had any contact with media or friends or family or social media last night. those are all forbidden. she wanted to make sure they hadn't heard anything about the case and its coverage. this is a live shot outside of the courthouse, and we'll bring you live to our reporter just moments away. meanwhile, he's known for his hollywood roles on both the small and big screen. the big blockbuster "pacific rim." look at this. >> today we face the monsters at our door and bring fight to them. today we are -- >> today, actor max martini is on a mission bigger than giant aliens and robots. he's written a film to help our veterans. >> here to explain is actor max martini. >> thanks for having me. >> it's hard to tell which of the monsters you were in there. >> i was the little guy screaming at the armor. >> right. before we get to that "pacific rim" out today, let's talk about the movie that you have written a screen play for, will gardner. tell us about that. >> i was on a series called "the unit" for a while and i had an opportunity to go to iraq and afghanistan and see the troops. i met an army ranger there that i'm still friends with today that returned from combat with a purple heart. i thought as this war comes to an end, we're really going to see a lot of that. it inspired me to write a script to raise awareness. and hopefully raise funds for charities that we've hand picked. >> tell us about the charities that will benefit from this film. >> we've picked two smaller charities that are more start-up charities and two larger ones. one is called brain scans for warriors it was started by a young marine that came back with tbi. he worked with a doctor that is assisting nfl players with tbi. and through the brain scans, they determine whether you have ptsd, tbi, they prescribe supplements and monitor your progress. the other smaller charity is vet hunters which actually goes out into the streets and pulls veterans off the streets, put them through rehabilitation programs. we have the other two are higher ground in volunteers of america a three-year follow-up, which is amazing. >> you also did something interesting from a social media perspective. other projects where you can can ask americans, people around the world to donate money to get the project off the ground. you guys raised an incredible amount of money. >> well, it's an interesting platform to use. for instance, in our case, we're giving 50% of our profits to those charities. so it was -- the unit to act in our films. so everyone's working for scale pay, you know, it's inspiring and hopefully our fans will come in and support it. >> that's terrific. so that's one end of the spectrum of movie making and let's talk about pacific rim, which you're in right now. tell us about this movie. >> pacific rim is a huge robot alien monster film. it's directed by germo del toro. a masterful director. i saw it for the first time, it premiered a couple of nights ago. it's incredible. >> what do you think? how different is the finished product from what you expected? >> while i was shooting it, i was acting to green screens and little dots on green. i didn't have any experience doing that. so having seen it, i had no idea what the final product was going to be. >> you thought you were looking at a green wall, turns out it was a giant lizard. the new movie is "pacific rim." the other is "will gardner." >> they can follow me on twitter for updates and, yeah, please join us, it's a great cause. >> help our veterans. max, great to see you this morning. >> thanks so much. appreciate it. nice to meet you. coming up next on the show, we are heading back down to sanford, florida. a live look at this hour where protests are growing. we're awaiting the jury to hand back the verdict on george zimmerman. we'll have the latest live from sanford, florida. then, a dangerously close view. watch this. they probably didn't expect this a fighter jet. more on this amazing video straight ahead. plus, janice dean hanging out with some of our heroes. >> that's right, allison. we're at rockaway beach for the ninth annual wounded warrior. we're doing wounded warrior project water activities. we're teaching some of these wounded warriors how to scuba dive. it's unbelievable. we're having a great time, we're going to meet jason wheeler coming up next after the break. doing some diving. great work, guys. this is a fox news alert. you are looking live at the courthouse in sanford, florida, where the jury in the george zimmerman trial is now deliberating his fate. jonathan serrie is live in sanford, florida, with the very latest on that. >> hey, jonathan. >> what do you hear? >> reporter: good morning, again. well, right now behind me, you can see a handful of protesters, maybe a dozen gathered outside the courthouse. the numbers may pick up as we go further into the deliberations which now have been underway for nearly half an hour. prosecutors have tried to paint george zimmerman as an overzealous neighborhood watch captain. they say he incorrectly profiled 17-year-old trayvon martin as a suspicious person and angry about a recent rash of burglaries in his neighborhood took the law into his own hands. but the defense argues that martin was the aggressive and zimmerman fired his gun while he was under attack fearing for his life. jurors must decide whether to acquit zimmerman or whether he's guilty of second-degree murder or the lesser crime of manslaughter. so right now, jurors inside that courthouse behind me considering two very different stories portrayed by the prosecution and defense. yesterday, a small but spirited group of protesters gathered outside the courthouse, about two dozen were calling for the jury to convict george zimmerman while a smaller group called for his acquittal. at the time, two sides engaged in debate. but so far, that debate has remained peaceful. and coming back to our live shot, you can see protesters as promised have started regrouping again today. right now about a dozen protesters. we anticipate those numbers may swell as we go into the day. but, again, authorities urging everyone to remain calm and saying they will not let anyone use this verdict as an excuse to break the law. back to you. >> thanks so much for the update from there. obviously we'll keep an eye on it throughout the rest of our program and judge alex ferrer will be back for analysis. now to a fox news alert for you. overnight, tough new abortion restrictions cleared through the texas senate. the bill now heads to governor rick perry who has said he will sign this into law. the measure bans abortions after the 20th week of pregnancy and only allows them to be done in surgical centers. the vote coming as thousands of protesters pack the state capitol. many of them had to be carried out by police officers. and this just into our newsroom, a top democrat wants to bring the irs inspector general who uncovered the agency targeting of conservatives back in to testify. congressman elijah cummings says he has, quote, serious questions for russell george about statements he made about that scandal in may. he claims george withheld key information from the oversight committee. cummings wants him recalled at thursday's hearing. and they wanted a view but this one may have been a little too close for comfort. onlookers sent running for cover after a flighter jet fl ee eer flying too low. the air force says there are signs posted telling people to stay away. maybe they get the message now. the government is spending millions of dollars to create a cheaper, better and stronger beer. finally, our tax dollars at work. british researchers are working to create a designer genome that would help make a heartier form of yeast. it would in turn help beer makers produce it at a lower cost. how excited are you right now? >> this is fantastic. how much cheaper could it get? >> well, a good beer is not that cheap. >> if you're drinking like water, like a coors light or something like that. >> there are beers that are cheaper than bottled water, i think. >> milwaukee's best. >> i don't know what i'm talking about. >> i know. >> i just remember in college, that's all. coming up here on the show because all morning we've been watching some of our nation's bravest warriors enjoying a day in the sun. we're heading to where janice dean is standing by out there. hey, janice. >> hey, janice. >> reporter: i'm literally getting my feet wet in the scuba pool here for the wounded warrior project. this is the water adoptive program. where wounded warriors are learning how to scuba dive. and i'm with jason wheeler, thank you for your service. >> it is a job and we love what we do. >> wonderful. tell me a little bit about how you got involved with wounded warrior project. >> i found out about the project back in '08 through the university of illinois. and it just literally saved my life and they paired me up with a peer mentor. and basically we got certified last year with scuba diving, 55 of us and it's just been fantastic. they get you in all the sports you want and try to do. used to play hockey for the bruins, softball for the red sox. >> tell us about, first of all, the dive team here and what they are teaching. >> right now, they're teaching these guys a little bit about the buoyancy, having a little bit of confidence underneath the water, with the breathing and then they're going to start teaching them, you know, take the -- your mouthpiece out and to be able to just blow bubbles and be able to transfer that from another person if somebody else runs out of oxygen and stuff and put it back in and being comfortable underneath the water and everything. >> how important is this for rehabilitation? >> oh, this is amazing. you know, for somebody that has lost use of legs or basically just has one leg or doesn't have the full ability, you feel like you've gained your life back. >> i was jumping out of planes, i felt so exhilarated doing this stuff. it was just absolutely amazing to me. >> reporter: well, thank you for your service and thank you to the wounded warrior program. i mean, just unbelievable what they do to help you guys. i mean, it's heartwarming to see you and how well you're doing after. >> oh, the wounded warrior project it's so many million guys are affected by and women affected by. and we just -- we wouldn't be where we were if it wasn't for the wounded warrior project. >> thank you so much. thank you, guys, thank you to the scuba team who are doing great. the dive team, be a diver helping these wounded warriors today with the wounded warrior project. beadiver.com if you want to learn to be a diver and help them out. wonderful. thanks, guys. come on down and enjoy this. the sun has come out. earlier this morning i promised sunshine and look at it. it's finally here. thank goodness, my job is done! back inside. >> that's the spirit. >> that's great. and what a great event. thanks for bringing it to us all morning long. >> we are keeping a close eye on the courthouse in sanford, florida, this morning. where the jury there has been deliberating for the last 40 minutes. they restarted this morning at 9:00 this morning. judge alex is up next with his thoughts on what to expect today. first, let's check in for a look at what's coming up on the cost of freedom business block. >> hey, guys, good morning. walmart taking a hike from d.c. after the city council there hikes its minimum wage. did america's top employer -- and what about your phone companies on this fine thing? they're charging the government for all that surveillance and guess who is footing the bill? look in the mirror. and republicans divided on the immigration front. is sean hannity worried this is going to lead to a revolt of the party. tune in with us at the top of the hour. this is a fox news alert. you're looking at live pictures from sanford, florida, where the second day of jury deliberations in the george zimmerman trial have been underway for about 40 minutes now. a verdict can come down at any time. but when should we expect one? >> yeah. with us now is the host of "judge alex," who has been following this case from the very beginning. judge, this morning, you saw the jury come back in right at 9:00 a.m. george zimmerman stands as they ask the jury specific questions. have they seen anything on social media? have they interacted with anyone overnight while they've been sequestered? it seems odd they would be able to be so insulated, not be able to hear anything around this case. >> that's why the judge has been moving this case on a fast track. when you have a sequestered jury, you feel for them. very limited contact with their family. it's supervised contact because you don't want a family member telling them about the case. they can't -- you get newspapers where everything's cut out of it. any story about the case is cut out of it. and she has been purposely tracking this very fast to get them to conclusions so they can wrap up. but you also have to balance out. you know, you did a hearing until 10:00 at night, you have to balance out the rights to the defendant. you pushed too hard and may have an appellate issue down the road. they're deliberating. my guess would have been at the outset a couple of days of deliberations in this case. but you never know. >> yeah, i mean, it's fool hearty to try to predict what a jury's going to do. but we can look back at other cases, casey anthony was ten hours of deliberations, jodi arias, 16 1/2 hours, basically. o.j. simpson, four hours. from your experience with juries, you thought this would be about two days, why? >> well, there was a lot of evidence to go over. i don't think they want to come back too quick. everybody knows that the o.j. simpson case, people didn't think the jury took it seriously. thought they had their mind made up for whatever reason. and i don't think these women, especially a jury of women who is going to sympathize with the mother of the deceased victim, they're not going to want the family to think they just kind of gave this very short attention. so even if they made up their mind, i think they're going to want to say let me look at the evidence and make sure i feel this way. >> it seems pretty clear that political pressure played a role in these charges being brought in the first case. zimmerman was more than a month -- >> i would agree with that. >> is that common? and is that justice? >> no. it's uncommon, it's not justice. there are a lot of cases -- and this is obviously in the eye of the public now. but outside the eye of the public, there are many cases where the state attorney does not have enough evidence. they have a case, they get there, there's no eyewitness, the person who is there says i was fighting for my life. they really don't have anything to dispute it. they do an investigation, don't arrest him at the outset and later on they decide we can disprove it or we can't. if they can't disprove it, they to have a political pressure put on the state attorney to file charges defeats the purpose of having an independent judiciary and it's very bad for the system. and it's looking more and more like this was a political prosecution. i hate to say that because i'm a big fan of state attorneys. but when they go in and pick up an eyewitness or earwitness critical to the case with the victim's mother and her lawyer and take this witness and interview her for the very first time with the -- >> you're talking rachel jeantel. >> with the mother sitting next to her. you're undermining the credibility of this witness, tainting her testimony and playing the 911 tape for the entire family together, you've eliminated the usefulness of them as a witness. if each of them testify it's trayvon's voice on 911 tape, they could pick that up because they hear the mom say it's trayvon's voice. they didn't do the family a favor by trying to appease them and the lack of prosecution. >> who do you think did a better job wrapping this up? >> i think the defense did because they have the law on their side. but i wish o'mara hit on more points. there are powerful points i think he did not make. prosecution argued emotion. you argue emotion when you don't have the law. the law is the law and they are going for an emotional verdict because the law's not on their side. >> judge alex ferrer, thanks so much for being with us. >> thank you. coming up on the show, are your monthly bills getting more expensive by the day? up next, the four phone calls you can make today to dial down your debt. mine was earned in djibouti, africa. 2004. vietnam in 1972. [ all ] fort benning, georgia in 1999. [ male announcer ] usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protection and because usaa's commitment to serve military members, veterans, and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve. . . . . welcome back. 52 minutes past the hour. are your monthly bills getting more expensive? you're not alone. americans are spending 9% more on bills than a year ago. our next guest says to lower them make four simple phone calls. nice to see you this morning. >> good to see you. >> always great to see you. you bring us great tips. this next one, i have wrestled with these guys for years. you say the first call is your tv and internet provider. how? >> americans are spending 208% more on internet in the first half of 2013 versus the first half of 2010. so obviously we're using a lot more internet. my whole idea is not to be complacent. make a phone call to your internet provider and leverage using the promotions they have, extra promotions and leverage different companies. hey, this company is offering me, can you do this? >> if you're with verizon, call and say, i got an offer from time warner. >> exactly. at the very least you'll be getting extra cable, maybe different -- >> freeh bo for 60 days. >> exactly. >> next, call your cell phone or home phone service provider. there's all kinds of deals. a lot of times people have legacy charges they don't know they've had for years. >> right. look at your bills. lifestyle, i'm guilty of this, too. i haven't revisit my plan in a very long time. things have changed in my life. maybe i'm using more text versus phone calls or using more of my data plan. make sure to assess your life and lifestyle. look at your bill and make a phone call based on that. what you can also do is go to billshrink.com to see exactly what you're spending on every sort of bill and make an assessment that way. >> if i'm not talking on the phone, why -- >> why spend it? >> -- spend 800 minutes a month. >> makes no sense. >> i don't like using the phone. number three on your list, call your insurance carrier. what can you gain from doing that/. >> here's another lifestyle situation, right? you might have gotten your insurance ten years ago, five years ago, things have changed. what you can do is shop around. people don't shop around enough. i think it's because we're busy, we don't want to sit on the phone and spend 45 minutes making phone calls. but making that 45-minute phone call and shopping around could save you almost $500. >> wow. next on your list, call your credit card companies. a lot of people do this, and you can really save a lot of money just by moving some money around to different cards, right? >> yes. you can definitely do that. but also, if you're a good customer, for example, paying on time, you can always call your credit card company and possibly get a rate reduction, which is obviously you're spending less in terms of fees. but also you can ask to see if you can get a credit increase. i only advise this if you're a good customer, you don't use this to pay bills that's a different segment. what you can do is increase your credit and therefore your credit to debt ratio is smaller and you can actually get a higher credit score. >> i didn't think of that. great tips. always great to see you, finance expert and retail analyst. are you on twitter? >> yes. just my name. >> nice to see you this morning. >> good to see you, too. coming up here, more "fox & friends" in three minutes as we watch the george zimmerman murder trial. we'll be right back. every day we're working to be an even better company - and to keep our commitments. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five years - making bp america's largest energy investor. our commitment has never been stronger. chantix... it's a non-nicotine pill. i didn't want nicotine to give up nicotine. 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[ male announcer ] ask your doctor if chantix is right for you. had is a fox news alert. you are looking live at the courthouse in sanford, florida. the jury has been behind closed doors for about an hour now on the second day of deliberations in the george zimmerman murder trial. if there is no verdict today, jury will decide if they will deliberate tomorrow or if they'd rather come back on monday. stay tuned to fox throughout the day. we will bring you complete coverage. >> and we will. we'll be back tomorrow morning. >> tune in into after the show show right now. thanks for joining us. talk about a jump at the pump. gas prices back on the rise as oil keeps on surging. this coming with continuing unrest in egypt and keystone pipeline protests here. is all this creating a pain in the gas for american drivers and the economy? hi, everyone. i'm brenda buttner. this is bulls and bears. let's get to it, the bulls and bears this week, gary smith john layfield, tracy burns along with steve murphy. welcome. okay, john, just how bad is this going to get at the pump? >> it's certainly going to get a lot worse before it gets better. when there were only four people
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