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A little bit but look, fact-checkers, independent fact-checkers picked apart the claim this is just like what other presidents have done in the past. it has not. president has been clear about that saying for years he could not do exactly what he has now done. eric: guy and robert, it is still happening. thanks so much. >> thanks. eric: martha? martha: all right. let's get awe live look now, looks like just a podium and that's what it is but in a few moments there will be action happening there and live news as the president nominates the next possible secretary of defense, getting underway in...

Live as soon as it gets underway. we're waiting for two minute warning there. eric: as we await for that the other big issue in washington president obama's executive action on immigration. that sparked a furious backlash yesterday. the house passed a bill declaring the president's order on immigration null and void as in the senate conservatives consider a plan to block immigration plan there by using power of the purse. will it work? we have alabama senator jeff sessions ranking member of budget committee and service on the arm services committee. good morning. >> good morning. we'll see how...

We'll talk about that coming up. eric: martha, there have been several days of heavy rain, take a look at that, triggering mudslides, flooding, leaving dozens of drivers stranded. >> it is terrible. i never seen it this bad. never ever been this bad. >> my windshield wipers couldn't move fast enough. it was raining pretty hard. there was just, so much water all over i couldn't really tell what was going on. you don't need to think about the energy that makes our lives possible. because we do. we're exxonmobil and powering the world responsibly is our job. because boiling an egg... isn't as sim...

Was confronted and she believes it was unjust an excessive force but i don't believe it was because he was black. but this issue of excessive force, the guidelines are difficult and that is the judgment that will be made, when the civil rights issue comes down here in the next phase of this. >> not only the civil rights issue but there is a department, departmental review board. but the one thing i would say is, if new york city cops, if ever cop in this city had tasers there is a chance this wouldn't have happened. martha: that's what you would like to see? >> that is what i think should happ...

Aftermath. eric: is that criticism warranted? leon panetta, carter ham, they said they knew it was a terrorist attack right away? >> it has becoming increasingly tough for lawmakers on both sides of the aisle to talk about the benghazi attacks without political inclinations and even emotions getting in the way in large part due the fact which lost life of one of the u.s.'s most senior diplomats, who many house members knew and had none for a long time. eric: but the fact, we're basically running out of time because of the announcement of the new defense secretary, bottom line, the facts are th...