translator present. he was not afford a right to counsel. the counsel general of the united states was not notified. >> we're optimistic about the future. >> his next court date is set for august the 4th. >> we feel confident that we will get a favorable ruling. >> and just a short time ago, we spoke with the marine's lawyer, fernando. he spoke with us earlier. >> thank you for having me. >> how was your client in court yesterday? >> he started off pretty upbeat. he was straightforward. he talked at length and in detail about everything that happened on the 3 isst of march. i think he was very candid about everything, but from maybe the last part of the hearing, it was pretty boring for him, maybe, the cross-examination of the witnesses. it was time-consuming because it was all being translated simultaneously. and but all in all, i found him to be in good spirits and the judge actually allowed some visitation time from jill with him in private at this at the hearing room after the hearing was over. >> what was the most potent or worse evidence presented by the prosecution against him? what hurts his case? >> at this point, only -- the only thing hurting his case is that the early stages of it were not exploited enough, i believe, right now, we have a lot of evidence that the arrest is tainted by several serious human rights violations. the further we go into evidence, into that topic, the more clear it will become, i believe. >> was there any evidence presented by the prosecution that it was anything about an accident that he turned heo mexico and is there he had any intent to violate the laws of mexico? >> well, up until yesterday, the evidence in the case file could suggest that he was willingly coming into mexico. but, from his statement yesterday and towards the future, he is already clarified in extreme detail and i believe hearing of evidence to support that the clearer it will become. >> did the prosecution have any evidence that contradicted what he said, meaning that it was -- that anything to show that he had been in mexico to do something bad, to violate the law? anything -- any contradiction of his statement? >> it's all really based on presumption. and they have some records of his booking a hotel and they have records of three previous entries into mexico. but none of them really destroy our theory that he came into mexico by mistake on the 31st, because he might have been previously here three times. but it was on foot. and the one time he did come in a car, he was a passenger. so, again, he had no experience in navigating the streets that would take him into mexico. i believe his story and i think that the judge will believe it, too. as soon as we support it with more evidence. it's going in that direction, definitely. >> do you think that -- did you have a chance to he see all the prosecution evidence or was there any time like when the prosecution might have met privately with the judge, that the judge might have different information than you have? >> no. no. no. no, no, no. it's all disclosed. it's all in the case file. as soon as something is entered, the defense is made aware immediately in writing of that entrance into evidence. so, no, there are no surprises here. we knew what we were up against. we he just didn't know the only thing i didn't know personally was the extent to which the human rights violations had come to during those 7 to 8 hours that he was held at the customs point of entry. that became ever so clear yesterday, i got a sense that the prosecutor wanted to prove that andrew had been here before, but even if that's the case, which is it t. is, it doesn't preclude the possibility of him making the mistake that he made. i have been a resident of the border for more than 40 years, and i have made that mistake many a time. many residents have made the same mistake andrew did and we can relate to that. so it has no bearing whether or not he was in mexico before. it doesn't mean a thing to our case. it will not destroy our evidence. not by a long shot. >> any other questions that the prosecutor asked that in any way sort of at this point you off. after the hearing was over, did the prosecutor pull you aside and say something like well, you got a great case or you have got a lousy case or say anything at all that sort of gives you a sense of what is going on in the prosecutor's mind? >> no, the prosecutor had a stone face the entire time. he never opened his mouth until it was time for him to make his questions and he said nothing. although i did get a sense that he was not enthusiastic. i didn't see any enthusiasm in what he was doing. >> who was his witness? the prosecutor's witness? >> he got a chance to cross-examine my witnesses, but those witnesses were actually the prosecution's during the initial phases of the trial. they were witnesses to the entire arrest and customs procedure. and i just called him in to question him by the defense. and he got a chance to cross-examine but we didn't get into anything important on his part. >> was he shackled? behind bars in this hearing or is he sitting next to you at like a council's table? >> is he behind bars but he is not shackled. >> and we talked a lot more with the marine's lawyer, and can you see the rest of our interview, just go to gretawire.com. >> all right. let's all go off-the-record for a minute. i do not want to be disrespectful to mexico, but this is dumb. mexico says its court's proceedings are open, including open to the media but then holds the proceedings in a room that they say is not big enough to accommodate the media so they don't let the media in to watch and report. up like mexico, i don't call that open. i call that closed. and that is what happened yesterday in tijuana for our marine, sergeant andrew tahmooressi. if mexico wants to convince us that it is justified in holding our marine and i want to hear their evidence to see if they can possibly change my mind they should at least let us in. if they don't have room for everybody in the media, here is the sent. let us send in one pool reporter we do that all the time all around the world. hard not to be suspicious. first the prison would not let us in to see the marine even though we waited two days outside the prison and sergeant tahmooressi gave us permission to talk to hill. now we can't cover his hearing because they say the room is too small. go figure, right? i don't know but but i get very suspicious with our country and other countries when they give silly excuses or othe run around. i suspect they are hiding stuff, do you agree? that's my off-the-record comment tonight. this is a fox news alert disturbing new information about the thousands and thousands of immigrant children crossing our border. it is far worse than we managed. a texas pastor says the conditions are so bad that babies are passing out everywhere. pastor chad mason works with volunteers to help care for kids without parents. he joins us. good evening, sir. >> how are you doing, greta? >> very well. i read that you said babies are passing out everywhere. tell me, is that so? >> >> no, that's a misquote for sure. we had one family that came through our relief center that had a woman that was carrying a child that had been passed out. and upon trying to understand more of what the situation was, we found out the child was dehydrated and that she hadn't been nursing correctly and the doctor on site was able to revive her and get things set in the right condition and so the lady was able to leave with her child on the bus at the scheduled time. >> was this one of the people that was coming across part of this collection of illegal immigrants crossing? >> yeah. we are using the word refugee because they are asking for help. you know, we have been helping serve about 100 to 150 people a day at the catholic charities refugee center that we have set up down close to the mccown bus station. and as they come through, they are in pretty rough shape. they need a shower, they need clean clothes. some of them are hungry, some of them are dehydrated. we try to give them what they need just to really care for them in some way while they pass through. we don't have a lot of time with them. almost all of them less than 24 hours. so we just try to send them on their way. >> have you had any contact with the white house? if so when and what did you ask them and what were you told? >> we have been trying to gain access to work with the unaccompanied minors. so we have gone through many channels trying to find out what's the best way to help. and it's been a very difficult road, greta, it's a hard way to get information because the -- there is just a lot of different information that contradicts itself all the way up there the last few days it feels like we have gotten through a little bit. we have been told today that there may be access for faith agencies to assist the border patrol in the coming days. and we're looking forward to receiving more information about that in the next couple days. >> pastor, thank you for joining us, sir. >> of course. have a great night. >> and after meeting with president obama texas governor rick perry says the president has the ability to stop the border crisis, not only that he could have prevented it. >> since back in 2000 a, we have known that this border was a real issue. had the money been spent back in those days to put the national guard troops on the border to bolster the border patrol, we wouldn't be seeing the issues that we have today. i think about the criticism that george w. bush received when he didn't go to new orleans, katrina, this is no different. >> and just today, an outraged speaker of the house john boehner slamming president obama's handling of the immigration crisis. >> this is a problem of the president's own making. he has been president for five and a half years. when is he going to take responsibility for something? >> and karl rove joins us. nice to see you, karl. >> great to see you, greta. >> karl, i suppose you some have said border crisis is president obama's katrina moment. do you agree with that as a significant moment for this presidency. >> it is a big moment. i will let others say whether it's equal or not. but, lack, president bush recognized that he didn't -- that he made a mistake by not dropping. he shouldn't have gone to new orleans that day. but we should have dropped him into baton rouge and gone to the command center. you don't want a president visiting a site within 24 hours of the time that the hurricane had passed. you don't want him in the middle of that every moment is needed at the airport to bring in supplies, not to bring in a president. but we should have gone to baton rouge. but, yes, president obama should be -- have gone to the border. the difference between bush and obama is that president bush went to new orleans within several days after the crisis began. president obama has yet to go to this -- to the border and this crisis has been months unrolling. in fact, years. remember, prior to 2012, we had roughly 4,000 unaccompanied minors a year who were apprehended at the border. then president obama did his executive order, did the order allowing halting deportation of certain young illegals and suddenly in miss call year 2012, the number of unaccompanied minors, illegal minors who were apprehended jumped to 10,000. the next fiscal year it more than doubled jumping to 18505. as of june 15th of this year it's 39,000 and expected to be much higher by the end of the fiscal year. this is a direct result of his policy. >> i'm jump him for fact this is on his watch and this has been brewing and he has known about it and could have had immigration reform i think when he had both the democrats in the house and the senate. but the whole idea of going it the border seems to me a little bit damned if you do and damned if you don't. same thing with president bush. if president bush had gone would have said he tied up traffic. look, he just wants the photo op. likewise would president obama. he didn't bother to go to the border or if he had gone to the border we would say look, he just wants a photo op. is it not a little damned if you do and damned if you don't? >> well, it is but let me put it this way. the president has a problem here in that people in honduras, guatemala and el salvador are saying we can send our kids north. they will be able -- if they get to the united states, they will be able to stay there and we can follow them. and the power of the president of the united states, standing on the rio grande river and saying to the people of central america do not send your children here. do not send them on this dangerous and expensive journey because if they are able to live through this journey, we will catch them and we will return them and all will be for not. so don't even try. that would be a powerful message and the president can most effectively deliver it from the rio grande river. now, i understand what the president is trying to do. he doesn't want to be around any bad news. and his message don't let yourself be seen in a room full of these heart rendering small children that are covered by paper blankets and inadequately cared for. fine, let the president go down there be seen. let him visit the people without the cameras around and take the hit from the media saying we needed to be in that room when you met those children. at least the president would l. have met with border officials and community leaders and most importantly of all for this country delivered a powerful message that will maybe begin cause some patients in central america say we better not go to the expense and danger of sending our kids north because president obama has told us they are going to be coming right back. >> all right. i just want to say you have got to juxtaposed against the absolutely ridiculous picture of shooting pool sends a really bad. >> no, no; that was a stupid moment for the president to say i don't do photo ops. he came to austin today. i'm in austin, texas. my hometown. he did a photo op. here today at the paramount theater about the economy. did a faith based leaders to talk about this crisis. did pool episode having a couple beers and shooting pool with governor hickenlooper in colorado before he came here. he does photo ops every single day. the lack of self-awareness of this guy is just amazing. >> well, apparently you you share a lot of the same thoughts that speaker boehner does. speaker boehner is furious at him for us blaming this immigration problem saying it's now congress. >> yeah. well, look, the president, doe he want to get something done? you want to get something done. don't insult the people that you need to get the thing done with he should be consulting with congress. he should be going over the 3.7. he should be open to changing that number. reducing it. he should be open to changing what he wants to spend it on in order to get the thing done. instead, he comes to texas. have we seen the details of his proposal? has he sent it to the hill? no. but what we get is we get insults, passing now even before you have had a chance to digest it and review it in norm mall order of things. >> i don't know if we need 3.7 yes or no or some portion of it or more. but, tell me where do these numbers come from? they come so fast and furious. whoever gives them to us it almost seems like they are pulled out of a hat. i don't see any sort of intellectual analysis to say that's what we really need. >> no, no. yeah, look, if he were starting -- if he were doing this right he would say these are the things we need to do and sit down and figure out how much they are going to cost instead of saying i have come up with $3.7 billion, fast now, give it to me and don't argue with me, and it's not a serious president it is not a serious legislature it is not a serious proposal, it is just a number thrown out there that's big but not too big. and probably has embedded in it a lot of things that he couldn't otherwise get improved. >> i don't know if i'm going to go that far but it's clearly not a serious number. here's the deal. the republicans ought to seize this as an opportunity and say we accept the president at face value that he wants to secure the border and resolve this crisis. so use that supplemental as a a way to pay for the things that are needed to secure the border. and end this crisis. and that may include some additional security. it obviously includes some additional facilities. it includes, i suspect, if they are smart about it, it includes expanding the siz of the border patrol and locking it into the budget which the border patrol doubled under president bush continues to double under president obama. you know, the republicans ought to seize upon this as an opportunity and be serious legislators and say this is our chance to make changes that we think will secure the border. >> i'm going to take the last word on this. i'm all for paying for humanitarian criticize and paying for what we genuinely need. i hate waste and fraud. i also don't like when i have numbers thrown at me and don't have any sense how arrive at this number. maybe we have to pay this number more or less. i hate that when i feel like it's been pulled out of a hat. >> we ought to do this rigorously and approach this as a specific what are the answers, the specific things we need to do and how much are they going to cost and let's all sharpen our pencils as we he go there. >> all right and you got the last word. good for you. thank you, karl. >> thank you, greta. >> and president obama stunning us all with this one. >> i'm not interested in photo ops. >> oops? he could have fooled us with that one. it's not just the pool picture. you will see the president's most famous photo ops and you will hear what our panel has to say next. pregnant marine very latest coming up. than tums smoothies assorted fruit. mmm. amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief. you fifteen percent or more on huh, fiftcar insurance.uld save everybody knows that. well, did you know words really can hurt you? what...? jesse don't go! jesse...no! i'm sorry daisy, but i'm a loner. and a loner gotta be alone. heee yawww! fifteen minutes could save you fifteen percent or more. jesse? really... so our business can be on at&t's network for $175 dollars a month? yup. all five of you for $175. our clients need a lot of attention. there's unlimited talk and text. we're working deals all day. you get 10 gigabytes of data to share. what about expansion potential? add a line anytime for 15 bucks a month. low dues... great terms... let's close. introducing at&t mobile share value plans... ...with our best-ever pricing for business. this isn't theater. this is a problem. i'm not interested in photo ops. i'm interested in solving a problem. >> not interested in photo ops, whoops? not really. as far as we can tell president obama has always interested in photo ops. most recently posing for pool picture in colorado. he we will be showing you some of the president's most famous photo op.s in a few minutes. nina easton, "the washington examiner" susan ferrechio and the hill's managing editor bob cusack. i just don't get it how does he say that? >> the fact of the matter most presidents are interested in photo ops. >> why does he say that? >> because he is in a no-win situation. i think if he had gone to the border, he would have been attacked bay the left and the right. >> right. i agree. >> but here is the real issue though is that presidential photo is a moment it's a chance to send a message and show leadership and chance to show you are in control. think back to george bush, post 9/11 standing on the rubble and sending that message. >> i totally agree to you but he says is he not into them. he doesn't do them. >> he doesn't