gregg: it's been an interesting day. jenna: "america live" starts right now. >> reporter: we begin with a fox news alert for the first time since news broke that the white house is putting documents linked to the botched gun-running operation under lock and key. we are now hearing from the family of murdered agent brian terry. i'm shannon bream in for megyn kelly. the department of justice gun running sting may have led dangerous guns slip into the hands of drug cartels. on the evening of december 14th 2010 u.s. border patrol agent brian terry and other -ts were controlling a canyon in arizona, eleven miles from the mexican border. the group came across five suspected illegal immigrants when they fired nonlethal beanbag guns. they responded with their own

weapons leading to a firefight. agent terry was killed. his family has than desperately waiting for the truth to come out. when they heard that the president may have put the truth of what happened beyond the reach of congress brian terry's brother kent contacted us and reminded us of one congressman's promise to his mother more and year ago. >> we will not rest until every single person responsible for all of this. no matter where they are, are brought to justice. shannon: trace gallagher is live in our west coast newsroom live with what the family is saying. >> reporter: not only is brian terry's mother reaching out to fox news. his mother is on the radio with a philadelphia talk show hose where she said, my son with us a person who believed in justice and believed in telling the truth. he was a man of honor, and if anybody knew him they knew that, and i know he would be saying, you know what i died for my

country an was a true american, and i think he deserves to know the truth. i think everybody should know the truth, and if this was a bad thing that they did with fast and furious it should be acknowledged so it doesn't happen to anybody else's son again, just seconds ago on talk radio. on top of that we are now hearing from brian terry's certificate who has now issued this on her facebook page, again i'm quoting here, it says, let's see how this holder deal works out today. no one is above the law. no one. remember all day yesterday there was not a comment at all from brian terry's family. now brian terry has over the years, the past two years spoken out a number of times against eric holder and the way that he has handled this case. keep in mind that brian tere rear was 18 miles inside of arizona when he was gunned down by illegal immigrants who had weapons that were found from the fast and furious scandal. now there are three people who have been charged in this crime,

but the documents related to the arrest are still sealed by the government. here by the way is brian terry's cousin addressing congress in a very emotional testimony. play this. >> his killers were not taliban insurgents, or al-qaida fighters, but a small group of mexican drug cartel bandits heavily armed with ak-47 assault rifles. the rifles and the ammunition that they carried in those weapons were designed to do one thing -rpbg, and that with us to kill. >> reporter: brian terry's mother issued this. and begin i'm quoting she says about the attorney general eric holder, when a joke you are. you know my son was a real american, a warrior, and a hero who was also protecting coward politicians like you, scathing comments. the border patrol certainly has

not commented about this. but now we have received a comment from the border patrol's union, the union that represents some 20,000 border patrol agents. they go on to say about the investigation into eric holder quoting this is a slap in the face to all border patrol agents who serve this country and an utter failure of leadership at the highest levels of government. we also have an email out, shannon to brian terry's father and mother to come talk with us about this. so far that has not been responded to, but when we get it we'll give it to you. shannon: we can only imagine how frustrating this is for that family, trace, thank you. today's bombshell announcement from the white house raising through questions about whether the white house has a direct role in what republicans are covering a cover up linked to this gun walking operation gone bad. the announcement came minutes before the house was going to hold eric holder in contempt of congress for refusing to hand

over the fast and furious documents. we are waiting to see if the vote will happen today. it is important to note that in 2007 mr. obama railed against the bush administration for doing something very similar. the bush administration had refused to turn over documents on the firings of u.s. attorneys. listen to this. >> you know, i think we'll determine over the next several weeks how this administration responds to the very appropriate call by patrick leahy, the chairman of the judiciary committee to have these individuals come in and testify. you know, there's been a tendency on the part of this administration to try to hide behind executive privilege every time there is something a little shakey that is taking place. >> reporter: chris stirewalt is our fox news digital politics editor and the guy we turn to when something a little shakey may be taking place. good to see you.

what do you make of this 11th hour turn by the white house. how much do they risk looking directly linked to fast and furious? >> well the purpose as you know, counselor, is of executive privilege is so that the president can be frankly advised by his advisers. the reason you exert executive privilege is the president needs for his inner circle to be able to talk about issues and advice him, speaking frankly, not worried about what is going to slurp out in the press or in the public later on, that they would invoke this as it relates to not how this operation occurred, but in dealing with the aftermath and the scandal that ensued brings this very close to 1600 pennsylvania avenue and it brings a very political, very unseemly part of it very close. that part is unhappy for a president who as you just played took a strong stance about transparency, openess, et cetera as a candidate. shannon: not long ago the attorney general telephoned that

there was some dined some of discussion or advice from top white house advisers about how to handle the questions they were getting or the political fallout that would come. later on david axelrod said there was no discussion, there was no link between fast and furious. we weren't handling this behind the scenes or pulling the strings. the two statements could both be true but it sounded like the white house didn't want to be linked when the attorney general seemed to suggest they may have been in some way. >> sure. the deal here for the president, this is a very bad june for president obama and his re-election. this is not the headline that they want to see splashed across every front page across every network covering this. and it forces media outlets that hadn't been covering this story about fast and furious to any degree, any significant degree, now they have to dive in because the president has taken this extraordinary step. now, look, all presidents do this. executive privilege is something that everybody does, republican and democrat alike but to have to use it to invoke it on

something like this. where the story ends with such a sad tale about agent terry and his family and it's so heartbreaking and troubling for the american people that is not like the iran contra or a firing of some u.s. attorneys or things like that, this actually ends up in a place that is very emotional in an election year. shannon: the attorney general says he still has the full confidence of the white house. he is confident in that. you and i have discussed before about what happens at some point if this administration will simply cut him lose or he will step forward and resign and say for the good of the country or this administration i will walk away. he says he still has the confidence, but if he gets voted in contempt of congress, there are several steps before that happens. do you see any way he will part ways with this administration or do you think they stick together. >> i think they probably stick together for two reasons. the president is dealing with a

divided democratic party right now. the clinton half of the party is causing problems for the president. eric holder is a unifying figure for a lot of democrats, he's well regarded in the party. the president doesn't want to be seen throwing him under the bus. if you're going to have a problem with somebody this is a time where you can pile all of the trouble onto his shoulders. if you're going to cut him lose you don't do it now. you do it later and let him sort of take the fall for more stuff. shannon: always good to see you. there are a lot of unanswered questions. where does this go now? what happens next in congress? is there a court battle on the horizon? who reaches out to brian terry's family and explains that to them. a debate on this at the bottom of the hour, sting around for that. new details now, fox news alert on political unrest in egypt and new health concerns for former egyptian president hosni mubarak. reports now say he is off life support in a coma at a prison hospital in cairo his heart and

other vital organs said to be still functioning. we are told he did suffer a stroke overnight. a team of 15 doctors monitoring his condition. at the same time demonstrators gathering across the capitol of cairo rallying in the wake of the country's controversial elections. leland vittert is live with the latest. >> reporter: good evening, shannon, it's interesting to note that the crowd is much more concerned about the presidential elections than they are about former president phaoub's health. the crowd mostly last night was made up of supporters of the muslim brotherhood who up until a couple of days ago controlled the parliament here and they are presumably the winners of the presidential election here, however the arm me has dissolved the parliament and all but said the presidential election, whoever wins won't even matter because they are going to retain all of their powers. the members of the muslim brotherhood are calling that tantamount to a military coup

and that is what all the protests are about. we are 24 hours away now from thef this protest is breaking across egypt president hosni mubarak was raced to the hospital. today at the hospital some of his supporters, anti-hosni mubarak movement people, people who kicked him out of the office 16 months ago have scuffled. it appears the former president who has been in ill health for a while is once again suffering some kind of ailment whether it ab stroke or heart attack or both. we want to come here live to cairo. you can see once again they are inside the square, there are a number of people beginning to gather for yet another nighttime rally against the army. the people who are there were people who were in the square during the revolution 16 months ago and they say the army who promised to take their power and give it up when there were free and fair electionses have now betrayed them.

many analysts will tell you for the united states it's much better to have the army in control here in egypt than the muslim brotherhood. shannon: thank you. a group of high-powered senators asking the irs why it's challenging tea party groups about their donations and donors? does someone have their thumb on the political scale in we'll investigate that next. and talk about a place from you know where. hours after take off passengers losing their lunch en masse. trace has the details of what went horribly wrong. border patrol agent brian terry was murdered more than a year ago possibly linked to a gun operation gun wrong. republicans think eric holder the man on the left knows a lot more than he's saying. and the president, the man on the right locked up the documents that may hold the truth today. more from the terry family just ahead. >> we will not rest until every single person responsible for

all of this. no matter where they are, are brought to justice. [ male announcer ] this is sheldo whose long day setting up the news starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news.

shannon: another controversy developing in washington today, the irs being accused of playing politics by harassing nonprofit conservatives and tea party groups for the names of their donors. now a group of powerful senate republicans, including senate minority leader mitch mcconnell are challenging the irs about what is behind it all. peter johnson jr. is a fox news legal analyst and joins us for some expertise. i want to start by looking at a letter that came from senate democrats in february. they reached out to the irs saying you might wanted to look at some of these groups, they are abusing donations.

it sounds like they have. >> it seems like i'm back in the nixon time with the invocation of executive privilege and the allegations of abuse of the irs by political opponents. they are asking the irs what are you doing to 501c4 organizations which are charitable organizations, usually social welfare organizations, or civic leagues who have the ability to engage in political activity? it shouldn't be their primary activity but they have the right under the law. they also have the right, the donors to those organizations to be anonymous, and not to be available in washington d.c. for enemies of their viewpoint to go in and take their names down.

and so what the senate officials are saying is, thi this is in fact an enemy list and you are trying to quash the rights of tea party advocates across the country who happen to be your political opponents. they wrote a letter to the irs, when did you start doing this. why are you doing this. under what rule are you doing this? is this political in nature? is it harassment of the worst sort and is it legal. shannon: harassment came up in the letter that the g.o.p. sent that was one of the main issues that they were worried about, what would happen to the donors if the information was leaked out. part of the letter says we worry this will be used ford harassment. people who 0 give $25, because that's what they believe in, if their name is on a list it's public. >> it's absolutely public. this should be private.

i mentioned richard nixon. he used the irs to go after political enemies, including george mcgovern. franklin roosevelt used the irs to go after political enemies, and so on a day when we're talking about executive privilege, which was abused during the nixon administration we have a situation today where what appear to be legitimate groups are being asked for their roles. at the same time there have been calls with regard to other organizations, like media matters, which is a 501c3, it's supposed to be straight, charitable, no political activity. if you turn on their website you see it's absolutely, wholly and exclusive lee political especially in an election year. a sister organization, the century bridge foundation, a 501c4, which sister organization goes around and tracks political candidates with video cameras. it seems what is goose for the

gander. is this selective attacks on tea party groups because of what they believe, and because they believe differently than the obama administration? this shouldn't be done to any group because of the beliefs that they hold as a sews welfare organization, or if they engage in political activity, which is protected under the irs law, if that's all they are doing then they are wrong and it should be taken away. but if that is only a part of what they are doing, then donors names should not be brought forth, because it chills the purpose of a social welfare organization. people either want to do it anonymously, they don't want credit for it or they don't want other people to know what their beliefs are. shannon: do you think democrats have a point? take a look at these groups, see if they are engagin engaging primarily in politics or social welfare. is that legitimate. >> it's a legitimate inquiry to see what the organization is

doing. it's not legitimate before the groups are even formed to say give me your donor list. that looks like it's cutting an organization down. irs should not be about shutting organizations down or outing people because of their political beliefs. that is not the essence of who we are and what we believe in this country, and the law should be applied equally and fairly to all organizations. some organizations shouldn't get a pass, because they happen to believe and articulate what this administration is articulating, that is not our standard in this country. shannon: we'll keep an eye on it. we know you will as well. >> i absolutely well. shannon: it was a flight that one passenger described as a quote, vomitorium. losing their lunch on a flight that lasted five hours and brought them back to the city where they started. a decision in the case of a texas father who saw his young daughter be attacked and killed the man he says was attacking

her. the grand jury decision and a key piece of evidence, just ahead. >> 911, what is your emergency. >> a guy was raping my daughter and i beat him up.

khapbz shannon: a follow-up to a close we've been monitoring in texas. a father killing a man with miss bare hands after catching the man assaulting his little girl. here is some of the 911 call to police. >> 911, state your emergency. >> a guy was raping my daughter and i beat him up and i don't know. i don't know what to do. shannon: late yesterday a grand jury decided not to indict the dad. authorities say there was overwhelming evidence that his actions were justified.

>> under the law in the state of texas deadly force is authorized and justified in order to stop an aggravated sexual assault or a sexual assault. >> we have been dealing with a lot of emotions, trying to help a young child come to grips that bad things happen to "little children" by bad people. shannon: the father's attorney says he never intended to kill manslaughter. the family is focused on helping the little girl recover from the ordeal. we are learning more about a terrifying flight over the weekend. the faa now investigating an apparent mechanical problem on board a jetblue flight from las vegas to new york that turned into a sickening five-hour nightmare. trace gallagher live in our west coast newsroom, trace i would have to be sedated. >> reporter: one conservative commentator called this thing a vomitarium. imagine being on this plane for

four hours witness going into steep, steep turns again and again and again. one person described it as you could hear a screeching, an obvious mechanical screeching and that we were bouncing around a lot. listen to how the pilot described the problem to air traffic control. >> what is the nature of the emergency. >> well right now the initial thing is we lost two hydraulic systems. >> how many souls on board. >> 155 souls. >> reporter: 155 people on board this plane and the plane is experiencing hydraulic problems, which means the pilots are having difficulty controlling the plane. every since a flight crashed in seiu cit souix city in the 80s,

they worry about the hydraulics. >> we have a lot of fuel to deal with, maybe 30 minutes, plus we are heavy, we have to burn a lot of gas as well. we'll keep you posted. let us work through these problems and we can update you. >> reporter: a lot longer than 30 minutes, they were up there for more than four hours, and they actually came back right to where they started. remember, going from las vegas to jfk, they flew around vegas as air space for all those hours, finally landing and had to be towed off of the tarmac, because the front wheels did not work, and as you might imagine the plane had to be cleaned up. the passengers finally did get onto a flight later that night for new york but very few of them were in the mood to fly after that. shannon: yeah, i can imagine so. i'd be like, greyhound, amtrak, what is your to new york plan,

i'm on board. i love you amtrak. >> reporter: i've got time, i'll drive. shannon: president obama extended executive privilege to key documents in the fast and furious gun running investigation perhaps putting the truth beyond the reach of congressional investigators forever. who should be the one to explain this to the family of murdered border agent brian terry? we'll debate it next. international talks on iran's controversial nuclear program extended until next month. it's being called an agreement but critics say it was a major failure. >> the right thing to do here from the u.s. perspective is to say, we are tired of talking. these people are not serious, and we are not going to prolong this any further. i think there is close to zero chang that presidenzero chance that president obama would say that and the iranians know that. ven 20 years? call imperial structured settlements. the experts at imperial can convert

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shannon: fox news alert back to our top story, lawmakers just wrapping up a contentious round of opening rem on capitol hill. it could be the first step in the contempt of congress vote for attorney general eric holder. holder in the hot seat for his offices' response to a subpoena for documents on operation fast and furious, a gun running steupb. his office told congressional investigators that the white house had locked up those documents under an order of executive privilege. border patrol agent brian terry was murdered roughly 18 months ago. one of the fast and furious

weapons found at the scene. his family contacted us at the top of the hour reminding us about a hearing where they testified rough flow a year ago. who is going to explain this to the terry family? christopher hahn is a former aid to senator chuck schumer and a fox news contributor. chris plant radio host of the chris plant show. great to have you both. you've been in the business of advising politicians. it is no secret that republicans and democrats alike have repeatedly used executive privilege. do you think the white house thought through how this would play publicly and what would you advice them to do now? >> i think they should stick to their guns here. this has been a very politicized process by darrell issa who swore when he ao took the chairman ship of this committee that he would have an investigation a week to try to hurt the president, not to do anything else, not to advance the country but to try to trip up the president and hurt the progress that he was trying to make for this country. what representative issa and that committee has done has been very will political. they have the answers on what

happened in fast and furious. the justice department admitted mistakes have been made, this is not the first gun running-type trap operation that has been set up around the country. unfortunately somebody was killed in this and we feel for their family. i think darrell issa and the republicans owe that family an a pol apology for making them a political pawn. shannon: who should be apologizing. >> that took a lot of gall. if eric holder was sticking to his guns he would be in mexico right now. apologies to the terry family should come from eric holder, the department of justice, and president obama who are stonewalling here. they are covering up what happened here. there is no transparency here. and to lay it all at the foot of politics is disingenuous at best, chris and i think you know

better. and it's not just brian terry who was killed, it's also hundreds of mexican citizens that have been killed with guns provided to them by mexico's number one straw purchaser, and that happens to be the attorney general of the united states. >> as an attorney i know that the documents that they are asking for are attorney work product that are not admissible in court and shouldn't be admissible in this hearing. >> they are not in court. >> well no -- this attorney work product is privileged information. >> you don't know what they all are. >> absolutely. they -- >> this is government oversight. >> they want to have the warrant request, things that they aren't entitled to and shouldn't have. >> what do you mean not entitled to and shouldn't have. >> he has testified eight times. >> yeah. >> they keep moving the goal post asking for more because they want to trip him up and they have nothing else. shannon: christopher hahn they say they haven't got even the documents they originally requested in the orange k-l subpoena. what about the vow by democratic

congressman elijah couple inks saying we will leave no stone unturned. christopher hahn, where does that leave them now? >> again, we're talking about the facts of the case, they want documents that were attorney-client privilege about advice and how to handle different requests from congress. they are not going to get that. they are looking for a cover up, something that they could say, what did the attorney general know and when did he know it? i think darrell issa and the rest of the republicans in congress should start figuring out ways to get people to work in this country and stop going on witch hunts against the president of the united states. shannon: a lot of americans are very interested in what happened on fast and furious. >> people love a scandal. shannon: any chance that this backfires on the republicans, that they are viewed as pushing too hard. >> certainly they have the vast majority of the news media going with the obama camp and they'll tow the chris hahn line on this. we have at least one border patrol agent killed by weapons

provided to the drug cartel by the attorney general. do they go to rob emanuel, the president? transparency? no stone unserved they've rolled the boulder in front of the cave so they can't get to the ma sigh a. i just did two hours on this on my radio show and people are angry and upset about this. they've been given the american people and the congress the slow roll for two years now. >> they said they would be a laser focused on jobs, not focused on fast and furious, solyndra and abortion and reproduction freedom. that's what they have been focused on. shannon: there was a lot of talk about transparency and about being the most transparent administration in history. nancy pelosi was speaker saying it's time to drain the swamp, we are going to operate doors and

everybody is going to see what is going on here. even if they are in the right what about the public perception issue the republicans have to deal now. >> i think people are going to side with the president and attorney general and feel that congress has been bullying them. >> bullying. >> of course there is a danger of the public saying, what are they hiding, what did they do? when the public sees all the documents that have been given on this -- >> what are they going to do then. >> this could sheul advice within any executive branch. look it worked six times for george w. bush. it worked 14 times for president clinton. this is the first time he's exerted executive privilege. shannon: how many of your listeners called in and said they do side with the president and holder. >> even reasonable democrats think that this represents stonewalling. it looks like a cover up. it stinks. it smells. transparency was promised, no stone unturned my foot. it's time to go public with this.

i know they don't want a scandal, maybe they should have cooperated two years ago when all of this started and it won't be happening on the lead up to election day, but boo hoo, bullying, honestly, it's called government oversight. now we've reduced it to the victim president being bullied by congress when they are exercising oversight. >> they did a vane, political crass move by darrell issa. >> there are hundreds of dead people. shannon: we have to leave it there. thank you both very much. this is fox news alert major developments in the penn state sex-abuse trial. lawyers for former assistant football coach jerry sandusky wrapping up their case today without putting sandusky on the stand. he's facing 51 criminal counts for allegedly abusing ten boys over 15 years. charges that could put him behind bars for the rest of his life. david lee miller is live outside

the courtroom in pennsylvania with more. >> reporter: shannon, you know since this trial began there was a great expectation that jerry sandusky was going to testify, in fact his own attorney during the opening statements told the jury that they were going to hear from jerry sandusky. but for whatever the reasons sandusky has chosen now not to testify, and a littleb noon today the defense decided to rest. it appeared that the decision not to testify was a last-minute one. many thought he was going to take the stand at 11:00am at the conclusion of a court recess. instead sandusky, his attorney and the prosecutors went into the judge's chambers and met there privately for about 45 minutes. exactly what was discuss we do not know. some courtroom observers speculate that the judge was telling sandusky about the consequences of testifying or not testifying. when they left the judge's khaeurpls the decision was

announced. this case is expected to go to the jury as soon as tomorrow following the c csing arguments. the jury, the judge said is going to be sequestered so that they are not going to be exposed to outside influences. shannon. shannon: david lee miller live at the trial in pennsylvania, thank you. a third round of nuclear talks with iran ending with an agreement to meet yet again. critics saying those talks were a major failure no matter how you try to spin it. so what happens now? plus arizona governor jan brewer waiting for a supreme court ruling on her state's immigration law that could come as soon as tomorrow morning. we'll ask her what the state has planned, if it stands or if that law is knocked down. and a congressional oversight committee returns to this room any time, they may hold that vote to hold the attorney general in contempt. just ahead we'll talk with a key committee member about where this showdown goes next. >> you know, that's who i really feel for. their son is dead. and we have a duty and an obligation, a moral obligation

to get to the end of this. get to the bottom of it, make sure that it never, ever happens again. that's the heart of what we're trying to do here. -p

>> we came prepared to make progress and respond to concrete actions by iran. we set out our respective positions in what were detailed, tough, and frank exchanges. after five plenary sessions and several bilateral meetings we have begun to tackle the critical issues. however, it remains clear that there are significant gaps between the substance of the two positions. shannon: a little confusing we know. that was the european union's foreign policy chief. but the important part was there at the end, where she announces the break down of high level talks between teheran and the west over iran's nuclear program. lower level talks could resume

next month, while iran insists that its nuclear program is peaceful, many believe teheran is simply stretching out the talks to get more time to develop a nuclear weapon. where do the u.s. and israel go from here. dori golden is a former foreign policy adviser to benjamin netanyahu and joins us live. thank you for your time today. >> a pleasure. shannon: what do you make of the fact that the talks have essentially gone nowhere and we have something else on the calendar, maybe lower level talks. is there any progress, any benefit to continuing down this road? >> well the burp was on iran to show that they are serious, because we have a record of iranian behavior in past negotiations. frankly, the iranians have been engaged in concealment and deception, concealment because in the past they hid major nuclear facilities, like the enrichment plans, they hid them

from the west until the west discovered them, even though that was contrary to their signed agreement. one called the safeguards agreement. in terms of deception the iranians every time the iaea, the international atomic energy agency sent inspectors they would do thins like remove the tiles in rooms where work had been done so you couldn't do swipes and catch them in radioactive operations. or digging out whole areas of a particular plant where they had weaponization work. they have been involved in hiding their work and deceiving the west, and frankly i've been concerned that if the iranians sign an agreement on a monday by thursday they are going to try and figure out how to get out of it. the fact that you haven't reached an agreement with them is not surprising. shannon: the talks with iran have continued through various administrations. is it time for this administration to admit it's not working, and move onto another phase?

>> i think that seems to be the case from what, you know, the spokesman of the talks are saying. you simply have grabs. what the iranians want the united states to do is recognize their right to enrich uranium. that right is not in the nuclear nonproliferation treaty. they don't have to enrich uranium in order to have electricity from nuclear reactors. frankly, they don't even have any operating nuclear reactors that produce electricity except one where russia supplies the fuel for. what they want is nuclear weapons, and it's time for them to come clean. if they don't you've got to tell them what they've done. shannon: is israel prepared to act military with or without u.s. backing at this point?

>> you know, i don't think it's proper for me as a former official to speak about operational military matters, but, you know, israel will do what is necessary to defend its population. a nuclear iran is a threat to israel. but you know something it's a threat to our arab neighbors, it's a threat to bahrain, don't forget iranians claim it's their territory. its a threat to saudi arabia and the whole sunni world, and a threat to the ooh need states. just a few months ago the iranians were preparing a high casualty attack in washington d.c. in order to kill the saudi ambassador and anybody, u.s. senators included who would be sitting with him. shannon: exkhrepbt point. ambassador dore gold thank you for your time. in the last 16 minutes the mother of murdered border agent brian terry speaking out about her son.

you will hear from her only on this show at the top of the hour. >> he didn't ultimately come home that christmas. just $14.99. start with soup, salad and cheddar bay biscuits then choose one of 7 entrees plus dessert! four perfect courses, just $14.99. come into red lobster and sea food differently.

this summer after a very mild winter. right now the world population is about 7 billion people. there are an estimated 10quintillion in the world. we may be even more outnumbered this summer. laura ingles live at central park in new york city to explain. >> reporter: hi, shannon. you know mosquitoes, ants, water bugs, ticks bees they are all coming out with a vengeance in the northeast and in other parts of the u.s. as well.

the wild winter and mellow spring has added up to the perfect storm for a flourishing bug population. >> we are bracing for a major bug war if you will. it all depends on how the summer is. if the summer is really hot, and there's a lot of mace, like there has been the last month or so, the populations of insects are going to be out of control. >> reporter: well if today is any indication it is really hot here in new york and there are certain species event ta mo even ta mol gists are looking for. an asian mosquito that bites during the day. one of the concerns of having all the extra mosquitos around this summer is the pose increase in west nile virus. eleven city contrac contracted the virus last year and two of them died. get out the bug spray when you might be near water at dawn and dusk hours when they are at

their peak feeding time. you can help clear their breeding ground. >> it is important to get rid of any kind of standing water. particularly after a rain, get rid of bird baths, anything that picks up water, these mosquitos can breed in a paper cup, even a bottle cap. >> reporter: ticks are back in big numbers too. i got you one of these too, shannon. shannon: i like the neon color. we are seeing dramatic video from the freeways of l.a., and fistfighting and a hair raising road rage case is caught on video. what police are doing to track down these people. a showdown under a gun walking sting gone wrong. attorney general eric holder facing possible contempt of congress charges. the white house stepping in to keep the documents on the operation under lock and key. what does it mean to the family of a murdered border patrol agent at the heart of this case? will they ever get the answers they so desperately want? hear from his mother, next.

>> we will not rest until every single person responsible for all of this. no matter where they are are brought to justice. i can't punch this away. i'm on a bayer aspirin regimen. [ male announcer ] aspirin is not appropriate for everyone. so be sure to talk to you doctor before you begin an aspirin regimen. i'm a fighter and nowadays i don't have that fear. [ male announcer ] learn how to protect your heart at i am proheart on facebook.

shannon: this is a fox news alert. emotional new reaction this hour to today's fast and furious developments from the family at the center of this rollercoaster investigation. i'm shannon bream in for megyn kelly. the family of u.s. border patrol agent brian terry speaking out after the white house made an 11th hour move. terry was shot dead while on duty near the arizona border. two of the weapons found at the scene believed to be from "operation fast & furious." >> reporter: josephine terry is no fan of attorney general

eric holder. she issued scathing comments about him in the past calling him a joke and a coward. this is the first time she has spoken out since the impending vote about contempt. terri' mother speak out to a radio station in philadelphia. she she is reacting to the president invoking executive privilege. >> all i can say is they apparently don't want issa to get the documents to see what else is in there. >> reporter: the terry family says the most excusating part of this process is not knowing how those guns ended up in the hands of their son's killers. here she is talking about her son the patriot. >> he loved his country and that's all he used to talk about when he was a kid. he wanted to be a policeman. he became a policeman an wanted to achieve something else.

and his cousin is an fbi agent kind of helped him walk up the line, an ended up being a border patrol agent. from there he achieved to the elite which i didn't think he would make because he was older than the other guys. but he loved doing what he was doing. >> reporter: she said it again and again, he loved what he was doing. in the course of this interview she was finally asked about the fast and furious scandal and she said that her son deserved the truth. listen again. >> my son and i were very, very close. my son was a person who believed in justice and he believed in telling the truth. he was a man of his honor. if anybody knew him, they knew that. and i know he would be saying, you know what? i died for my country. an was a true american.

i think he deserves the truth. and i think everybody should know the truth. and if this was a bad thing that they did with fast and furious, it should be acknowledged so it never happens to anybody else's son. >> reporter: he died for his country and he deserves the truth. brian terry's sister also posting on her facebook that no one is above the law, no one. shannon: thank you very much for that. law makers in the house just wrapping up a debate on a possible contempt of congress vote for attorney general eric holder. they will come back to this room any time now and possibly take that vote despite the white house decision to shield key documents in the congressional investigation. a short time ago i had a chance to speak with a member of this committee. i asked congressman jason

chaffetz what he thought about the dispute. >> we have been after these documents for a long time. for the president to step in and invoke executive privilege begs a lot of other questions. to date we have been led to believe that the president was never involved in this. yet my understanding of executive privilege is you can only invoke it if you are personally involved and engaged in the deliberations and discussions. we never asked for papers between somebody and president obama. but if he's saying he was personally involved in this, that's a whole other discussion we haven't had yet. shannon: what about the committee subpoenaing the president himself. >> we are trying to get to the heart of these decisions, who knew about it. the attorney general said it was fundamentally fraud. we are not interested in sending a subpoena on what the president knew.

but if he's invoking executive privilege, maybe he was involved. shannon: it's been a heated hearing this morning with a possible contempt charge against attorney general eric holder. a number of your democratic colleagues during the hearing said it's a political witch hunt and it's politics. >> we are looking for the document and what truly happened. if the attorney general and the senior members of the department of justice weren't involved, why don't they just hand us these document. brian terry was killed in 2010. here we are the latter part of june 2012 and we still don't have these document. it's fundamentally absolutely not right. we are trying to get to the truth and make sure this never ever happens again. shannon: what would you predict is going to happen if it goes to the full house for a vote. >> we have time to potentially

bring this to a floor vote. this takes it to the next step so then on the floor we can further debate this and potentially vote on it. the white house, the attorney general can put this to end right now if they would provide the document required under the subpoena. that's the way our country works. it's the beauty of america. there is no one person supposed to be above the law. provide the document and the contempt proceedings go away. shan rar their actions today seem to suggest they are not going to hand over the document. what happens next? >> if we pass it out of committee today the next step is to go to the floor of the house. we have a vote -- a debate and a vote on the floor which i anticipate would be next week. shannon: what would be your message to brian terry based on the events that played out so far. >> that's who i feel for.

their son is dead. we have a moral obligation to get to the bottom of it and make sure it never happens between. it's what membersen both sides of the aisle should be after. but god bless them, our heart goes out to them. we have to make sure this never happens to another border patrol agent or anybody else. shannon: a number of them have started their remarks saying their greatest obligation is to find answers for the brian terry family. but their next statement goes on to say that's no longer what these hearings are about. it has become so politicized that it's different than truly getting answers for the terry family. >> that's ridiculous. it's not about eric holder, it's about the office of the attorney general and justice in the united states of america. we have a moral duty to get to the bottom of this. there is no reason they should

with hold it from congress. you just don't ignore a subpoena. unfortunately we are put in a position where we have to move forward. there is no choice for us. shannon: thanks for making time for us. the atf implemented project gun runner. but in 2009 fast and furious began when the atf phoenix field division used a controversial gun walking strategy allowing guns to be sold to suspected smugglers so they could be traced to the guns that bought them. two assault rifles the atf let go were found at the crime scene.

iowa senator charles grassley began an investigation into the operation after a number of whistleblowers approached him which brings us to the potential contempt vote that has left more questions than answers. we'll take a look how this could go all the way to the supreme court just ahead. we are getting reports of an untreatable strain of tuberculosis breaking out in one country raising fears that we could be looking at the beginnings of a global health crisis. the supreme court could hand down its decision in the next 24 hours. arizona's dan brewer on the possible -- jan brewer and the possible fallout from the law. [ banker ] mike and brenda found a house that they really wanted.

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shannon: arizona's controversial immigration law. the supreme court could hand down its decision as early as tomorrow. the measure requiring police to check the immigration status of people they stop for other reasons. if they suspect they are here illegally. the governor who signed sb1070 into law. jan brewer joins us. i was there the day at the supreme court this was argued. watching you come outside the crowds were even more vocal than they were during the healthcare debate. were you surprised the amount of

backlash sb1070 has generated? >> we knew it would be a lightning bolt but notly not to the extent it created. both sides are concerned. we would like to support the rule of law. they have the right to demonstrate. it's gone the more attention than we had ever anticipated. shannon: most of the folks supporting this law came out with a renews sense they may have won partially at the supreme court. how are you repairing for the possible outcome? >> i believe if there is ever a day in court that was a good day for senate bill 1070 in regards to the questions and responses provided that day. i believe the heart of the bill will be upheld and that would be the identification portion of it. and if it's upheld then there will be a lot of challenges

going forward. of course, we have some issues still dealing in the federal court. here in the federal district. we are a long ways from the solution unless they would just absolutely support and make their opinion positive for the whole senate bill 1070. but the bottom line is, senate bill 1070 ought to be upheld. their opinion ought to come out and be positive. it does nothing more than mirror a federal law. so we are a country of laws. we believe in the rule of law. it goes back -- shab * there are four different provisions. you may win on some and lose on others. if portions of the law, the heart of the bill are upheld, there are numerous groups planning to take it back to court. do you feel the law will be tied

up in litigation and will never be fully realized? >> the time period is questionable. but the bottom line and i will say this again to you. we need our border secured in arizona. we wouldn't have a lot of the issues weir all facing in regards to immigration and the dream act, and senate bill 1070 and fast and furious if the federal government would step up and do their job and secure our borders, we could deal with this in a logical manner. but in the meantime they made arizona the gateway for the illegal immigration which comes with it is the drug cartels, the violence and the drugs. shannon: i want to ask about. >> the issue that has to do with the voter i.d. law. those who are registered to vote

have to have proof of citizenship. your attorney general has filed a brief. was is your take on defending that law and the requirements that people need to have it seasonship proof to vote in arizona? >> i think it's absolutely imperative to protect those of us who are going to vote so we are not disenfranchised. we know there has been a history of some voter fraud. why shouldn't you. if you go to the library, you show identification to get a library card. why can't you show identification when you register to vote? shannon: do you ever get tired of all this fighting? are you getting warn out? >> i am. but then i get encouraged by the millions of people who have been supportive what we are trying to do here in arizona. it's because we believe in the rule of law and we want to do things right. if the federal government would step up and do their job, a lot

of these issues would not be here. shannon: we'll watch as they issue opinions. tomorrow morning, 10:00 a.m. eastern, thank you very much for your time. an untreatable strain of tuberculosis emerging in india. a dozen people already infected and experts say this could be the beginning of a global health crisis. a congressional oversight committee may vote to hold attorney general eric holder in contempt. but now that the white house has gotten involved, republicans are asking what the administration has to hide. just ahead our panel breaks down today's developments and debates where the showdown could go next. >> brian did ultimately come home that christmas. we buried him not far from the house that he was raised in just prior to christmas day.

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shannon: new fears of a global health crisis after an outbreak in india of an untreatable strain of tuberculosis. doctors say the could spread into a worldwide pandemic. gentlemen, welcome to you both. dr. p what does this mean, untreatable. >> there is a resistant strain

of t.b. that is not amenable to traditional control of tuberculosis. this warning was issued to india in the fear that this would continue to spread. now when you see the number of cases that have been reported, you can imagine how many cases have been reported. you have a tremendous population that is densely concentrated, where the diagnostic techniques for detecting this kind of strain are very poor. >> is there a strategy for dealing with this? is there any way to ramp up something that might not work? >> there are 9 million cases of tuberculosis in the world.

2.3 million of them are in india. you see 100,000 cases in india. by comparison we only have 10,000 cases a year. india is of great concern. you have to isolate people who are sick. go for early diagnosis, early treat with the antibiotics but you don't want to treat with the wrong antibiotics. let me talk about what tuberculosis is. we used to call it consumption because it con siewms you. you end up with weight loss, feefers, night sweats. you get tremendous weakness. this is a hook-shape virus that's hard to identify in a live person. it's not easy to spread. you won't get it by touching someone. it's deep coughing on someone. it used to kill 2/3 of the people who got it. because of modern medicine and

antibiotics we have done a tremendous job of eradicating it. third world countries are behind the curve on this. shannon: you talk about the close proximity that folks in india often have. how concerned are you about it spreading beyond the borders of india? what is the threat to the rest of the world? >> i'm very concerned. this is a time when thousands of indians go back to india from the united states or summer vacation. they travel to a lot of the cities where these cases have been reported. i go frequently to india myself and i can tell you that the concerns with pollution, air quality, the lack of adequate drainage. i'm sometimes ashamed to talk about this be even a country where my parent have come from. but the infrastructure to support hygiene is very poor. even in hospitals where we have seen cases of inadequate hygiene

amongst healthcare professionals and otherwise, one that traveling to india now over the summer hole days or even vacation needs -- dr. sealing said, needs to take some serious precautions to make sure they aren't inhaling this bacteria and to the extent that they get any symptoms, the likes of what's characteristic, that they get examined and make sure they don't have anything of this kind. >> just to emphasize dr. p's point. of the 10,000 cases in the united states, 60% of them come from outside of our country from people who travel outside and bring it in or from immigrant who come in with it. shannon: are there any groups that are more us susceptible to this? >> there is no question about that. people that are

immuno-compromised and run down and especially the elderly, we see them in certain states. new york and california and florida have a high incidence compared to the rest of the country. shannon: as we await a critical supreme court decision on the president's healthcare law. another governor is challenging a key provision in the legislation. by's a democrat. a sad reality for some of america's heroes. an iraqi war vet comes home only to become one of the millions on the unemployment line. the heart wrenching story of what he had to do to feed his family. we are closely watching the house floor as lawmakers could vote to hold attorney general eric holder in contempt. what about the president's move to lock down critical document in this investigation? our panel is just ahead answering a question republicans are asking. is the white house trying to cover something up? >> here is the proof.

here mr. chairman is the proof the department of justice in washington, not arizona, in washington, knew about the tactic of gun walking well before brian terry was murdered. [ gans ] [ marge ] psst. constipated? phillipscaplets use magnesiu an ingredient that rks more naturally with your colon than stulant laxatives, phillipscaplets use magnesiu for effective relie of constation without cramps. thanks. good morning, students. today we're gonna continue...

shannon: brutally beaten and left for dead.

video showing man fighting for his life after a fight allegedly sparked by road rage in los angeles. trace gallagher is live in los angeles. >> reporter: i have seen a lot of videotape fights and this wins unusual because the guy videotaping this thing has a front row seat. the guy pulls up and he's rolling down his window as the fight starts. he rolls the window down and the fight keeps going. videotapes the whole thing. he has three hispanic men in a volkswagen jetta on the left and an african-american man on the right. rolling under the sleeves. the whole 9 yard. there are horns beeping in the background. this is on interstate 5 steer in downtown los angeles. one of the busiest freeways. nobody gets out to help the guy. they pummeled him pretty good. the three guys get in the car but nobody gets out to help the

guy on the ground. one guy is looking around, hey, i should call 911. these guys pull to the side and help him. we asked police if they thought this might be a hoax. listen to what they said. >> that always something we take into consideration. that was an initial thought. but hence the reason for the followup. we realize the video is out there. we would lewis to utilize that to get some information regarding the occurrence. >> reporter: when they talk about a hoax. they wonder this fight was staged. they i.d.s one of the men and they i.d.s one of the cars. they are not telling us much more about that. all they are saying for the time being is they are taking this very seriously and they want to talk to everybody who was involved in this alleged road

rage incident. shannon: thank you, trace. >> the attorney general says his offer is extraordinary. the on thing extraordinary about this offer is he is asking the committee to close an investigation before the committee even gets to see the document. he is pretending -- is pretending to offer. i can't accept that deal. no other committee chairman would. shannon: more breaking news on our top story. that was congressman darrell issa all fired up after learning about the white house's move to lock down critical document into an investigation into whether there was a department of justice coverup in the fun running sting fast and furious. the committee could still vote to hold the attorney general in contempt today. but it was senator grassley who

launched his investigation who said this. now that executive privilege has been acertain it raises monumental questions. how can the president assert executive privilege if there was no white house involvement. how can the president exert executive privilege over documents he supposedly had never seen. jay sekulow and julian epstein, former legal crown for the house judiciary committee. because the president asserts executive privilege, do it necessarily mean he was directly involved? >> that's right. i used to be the staff director of this committee. under bush 41 we subpoenaed document. these were document related to the department of defense that had no white house involvement and the president exerted

executive privilege. it doesn't mean the president has to be involved. and furthermore even with these privileged document the attorney general has been willing to make grand concessions to the committee to provide many of them. it was originally 80,000 document. the committee acknowledged most of what it was asking for related to law enforcement matters. it paired down to events with the february 4 letter. and the attorney general was willing to provide most of those documents on the condition i a would acknowledge would satisfy the subpoena. it sounds like a case of a chairman not willing to take yes for an answer. shannon: has this ratcheted up to a whole new level? >> absolutely. but let's get a couple things straight here. remember that statement about

extraordinarily accommodation? i'm going to give you extraordinary accommodation. he demanded and wanted to have that meeting with the chairman of the oversight committee. chairman issa. how come you went there with one document in your hand and the document that you sent was the letter that was 9 pages long that went to the white house asking for executive privilege. so realize what happened yesterday was a show by the attorney general and his staff. and julian, with due respect, why would anybody, any good lawyer say i will deem that the subpoena is complied with before you have seen the document? how can you ask anybody to do that? there is no good faith accommodation. but there is a national political issue that the white house and the department of justice has brought upon themselves. let's not forget here that all of the previous discussion about the white house didn't know anything about it. the president found out from a news report. the attorney general never spoke to the president about it, now

everybody is exerting executive privilege from document from february 4 forward after the false statement filed by the department of justice. so this entire national embarrassment, that's what a this has become, the department of justice's own fault. julian is a great lawyer. he can spin it any way he wants. that meeting yesterday was a show. there was no accommodation and don't ask a committee to withdraw and deem a subpoena complied with when they haven't seen a document on that list. shannon: as a lawyer would you counsel a client to do that? >> i have been involved in many of these cases. generally when you are involved in these matters, particularly, it's a negotiation process between the executive branch and the committee. here the attorney general was willing to provide what are considered to be deliberative document. an said, look, so long as there

was a good faith effort by the department of justice to provide the document that were requested after the february 4 time in question within and to answer questions, make the department of defense official available to answer questions to the committee staff about that. so long as the department of justice was acting in good faith he was asking for the committee to act in good faith because the democratic point of view is this has been a fishing expedition. they asked for 80,000 document. the committee itself -- >> a 9-page letter to the white house to the president saying give me executive privilege here. that meeting yesterday was a show. you not, i know it and the rest of the united states knows it. shannon: jay, you argued many cases before the supreme court. do you think it's possible this dispute goes all the way there? it sound like these document were locked down. issa is not going to get his hand on them. does this go to court and wind

up at the high court? >> it could. the d.c. circuit had a number of significant rulings on it. the privilege does apply to coverups. can it go to the supreme court of the youth? it sure could. but that's not what the president of the youth want. he now created a national political issue. what is it in the document they wouldn't want to be seen. i hope it's not consultation with axlerod. that not covered by the privilege. >> if this were the path of the committee the house would have to schedule to the floor. the speaker has been slow walking this. if it went to the floor and passed the floor, then there would be two options. there could be a move to get the u.s. attorney to enforce a concept citation. in which case the house council

could go to the d.c. circuit and try to get an injunction. this process will probably take well over a year, well into the next administration, whether it's an obama administration or romney administration. even then the court would say, has there been an attempt to make an accommodation on both sides? i think they would look at the offer the justice department made and say yes there has been an offer to make an accommodation. >> when you go to a meeting and you have no document with you, but you drafted a 9-page letter to the white house. shannon: we have to leave it there. good-bye. thank you, gentlemen. thank you both. the hearing started up again on that contempt vote. we'll keep an eye on it and bring it to you as any news breaks from there. something to consider. the supreme court's decision on the healthcare law.

some democratic leaders may be jumping ship even before the supreme court decides. >> but we have to pass the bill so you can final out what is in it. away from the fog of the controversy. i'm a marathon runner,

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shannon: the u.s. supreme court could hand down a decision on the president's healthcare law any day now. but some tbofs aren't waiting for the court to block the formation of health insurance exchanges. lynch's party affiliation, unlike the other governors block cheese exchanges, he is a democrat. former aide to governor james mcgreedy and fox news

contributor. what do you make of this move by governor lynch. he could have let this show go into effect. he made a show of signing it. >> i don't think this is a huge deal. the governor only signed the deal block the state exchanges. the bill allows the state of new hampshire to cooperate in the federal exchange. you would think they wouldn't want to be in a program formed by the federal government but i don't think it' that big a deal. shannon: among many of his constituents the law isn't popular. >> i talked to our host this morning and they are confused about this position the governor has taken. he's been an outspoken advocate of state exchanges. it was a major part of the state

of the state address. he made sure this attorney general did not join the federal lawsuit against obama-care. by doing this, i think it's significant that he's standing about it opinion of his state which has moved in the direction of being against obama-care. particularly after 2010. but he said in this bill the government of new hampshire has to cooperate as minimal as possible with the federal government. it's an incident in which you see a governor respond together will of his people and realizing this is a bad deal for states. it costs too much money. shannon: is he responding to polling? >> it's a compromise bill. good governor.compromise. the republicans can take a note from this governor in terms of compromise. the republicans are making hay of this. it's not that significant. they are making hay of it because it' part of the ongoing fear and smear campaign against

obama-care or healthcare reform. what is so hypocritical about this is mitt romney supported the individual mandate. he wrote an op-ed telling president obama obama to design a healthcare program just like his, which president obama did. jim demint who is arguably one of the most conservative republicans praised mitt romney's model. this is all about politics and hat's why the -- that's why the republicans are make high it. >> his argument is states should be the laboratory of democracy and they should figure it out for himself. >> governor romney said if obama was modeling his program program after romney care he should have called him an would have told him what went right and what went wrong. what went wroings the cost drivers went higher and they

began to bankrupt the government. you have here a democratic governor who is basically abdicated any affiliation with president obama's signature domestic program. regardless of what you say, the democratic insurance official who was part of this governor's administration, to defend the situation, it is and isn't a blow to obama-care. if that's the best you can say it's fair to conclude this is a big blow. shannon: i hope the supreme court opinion is a little bit more clear than that explanation. do you think people are trying to get ahead of it. we heard from people who question the court's credentials suggesting they believe they may not win this case. do you think they are -- whether it's governor lynch or others trying to get ahead of it and say in the end i was on the right side of this. >> you always have that in the

democratic party. there is always going to be people who are for or against something. we are not as month no -- we are nop not as homogeneous as the republican party. i think you are going to have some people who want to be out in front ahead. but at the end of the day obviously when we look at this healthcare reform. everybody says how unpopularity is. when you look at polling for the individual features of it. no one thinks anyone should be discriminated against. no one thinks people like the small businesses get a 35% tax credit. >> no insurance companies are accommodating these. a lot of these companies are moving toward that direction. but the bill remains very unpopular. 53% in a new rasmussen poll showing they want it overturned.

shannon: a war hero facing challenges on the home front. he spent the last three years trying to get a job.

shannon: he served his country with honor and returned home three years ago. he has been trying to get a job. even went back to school. but with no luck. now he's selling off his medals to help support this family. >> reporter: for his service in iraq he got a number of medal.for a job extremely well done. when he came home he thought, these medals will help me get a leg up in the job market. he came home, used the medal..

put his skills to work, no luck. he went back to school. he got to his degree. again no luck. even some neighborhood gave him ought jobs to do but not enough to support his kids. when 99 weeks of unemployment benefits ran out he decided he had to do the drastic thing and sell one of his medals. >> i was very wrong and i'm still unemployed. i have three beautiful young children counting on me for support. instead of going under a bridge with a sign "will work for food" i decided to place the award online for a bit out of frustration and desperation. >> reporter: the medal its on ebay. at last check the bidding was a

little over $2,000 and the bid bidding is over. he says he will take that money and invest is in landscaping equipment. shannon: great can-do attitude from one of our heroes. we are continuing to keep an eye on the show downall over the "operation fast & furious" investigation. the house committee is deciding whether to hold attorney general eric holder in contempt of congress. we'll have a live report coming up.

>>shannon: thank you for watching today. i am here for megyn kelly and "studio b" with shepard smith starts now. >>shepard: breaking news on "studio b" in a vote whether to hold the atty