bill: one other note on this, the supreme court did say that the ruling on the health care law will be announced on thursday. that'll be a big day. jamie: yep. today was too. "happening now" starts now. see you tomorrow. bill: bye-bye. jenna: thank you, bill and jamie. the fox news alert of the day, the supreme court rules on one politically-explosive law as we await a landmark ruling on health care that is for sure coming this week. we're glad you're with us, everybody, i'm jenna lee. gregg: and i'm gregg jarrett in for jon scott. the justices just upheld a key part of arizona's tough immigration law that requires police to check the immigration status of somebody they suspect might be here illegally. but the high court did strike down several other provisions as unconstitutional. now, the law, part of a broader national debate over immigration, could have major implications in the race for the white house. in the meantime, we are awaiting, as jenna mentioned, another ruling with huge

political implications on the president's health care overhaul law, something that effects every single american. that decision, we have now learned, will be revealed on thursday. shannon bream live at the u.s. supreme court. bret baier, anchor of "special report" is with us as well. but let's begin with shannon. talk to us about this immigration ruling. what exactly, shannon, did the justices strike down, what survived? >> reporter: well, the lower courts had put four provisions of s.b. 1070 on hold, all four of them were in play, three of them were struck down. one of them that, essentially, would make it a state crime for illegal immigrants to not have their proper registration papers if they have them, the second would make it a crime for those who aren't authorize today work here in the u.s. to seek work anywhere within arizona's borders. the last one they struck down would give local and state police the authority to make an arrest if they thought somebody had committed an offense that would make them removable from the u.s. what that leaves is the key

provision which is if police stop someone on suspicion of another crime and they have reasonable suspicion to believe somebody is here illegally, then they have to determine their immigration status. that's the heart of the bill, and that's why governor brewer is celebrating even though she lost three out of the four. gregg: yeah. some pretty bold statements from the governor. but, look, thursday's the big day, right, for the health care law? >> reporter: it is, and it's going to be unlike any opinion we've seen in the past 50 years. there were three different cases cobbled together, four key issues that were argued. all of those could spin off with concurrences, with dissents. we all sort of have a pool here in the supreme court press corps trying to figure out are we going to get 200 pages, 300, 400, the only thing we hope is that it's shorter than the health care law itself, gregg, but it comes on thursday. gregg: yeah. because you trying to read through 2,000 pages on the steps of the u.s. supreme court would be quite a challenge, and you did a great job today flipping through 100-plus pages.

shannon ream, thanks very much -- bream, thanks very much. jenna: bret baier, we mentioned it's an election year. the political ramifications? >> they're significant. governor mitt romney is in arizona, and we're only getting indication from his campaign that he'll put out a paper statement about this ruling. so that kind of shows you the delicate issue of immigration and how it deals with the politics of the situation. obviously, this has been in the forefront of the back and forth between president obama and mitt romney over the past couple of days. they spoke to naleo, the national association of latino leaders, last week and this is a big issue. i want to point out as gregg mentioned, it was a bold statement from governor brewer in the paper statement she released saying this was a victory for the rule of law and that this controversial provision can now be implemented as accordance with the u.s. constitution. however, in that same statement a little bit later, i think the realism is expressed from

governor brewer, and that says: today's ruling does not mark the end of our journey. it can be expected that legal challenges to s.b. 1070 and the state of arizona will continue. so i think the court was signaling this and golf brewer is acknowledging that once they get a case that is to be challenged about this controversial provision, they'll probably end up right back where shannon bream is standing, at the u.s. supreme court. jenna: and we'll be right back there with her, i'm sure, bret, on that. let's talk about putting this in context, this immigration discuss has been on the forefront of everybody's minds because of the actions taken by the president a few days ago when he changed a policy that would stop the deportation of certain individuals inside our country. when we look at the strategy, perhaps, from the obama campaign what do you see there as far as immigration and making it a very big topic for 2012? >> sure. they see a vulnerability there for mitt romney. they see some positive numbers in the polls, especially in swing states among hispanics,

and president obama has a big lead according to the recent polls in that specific community. however, when you look at the polling about arizona's immigration law as it stood, s.b. 1070, our most recent fox news poll that dealt with that question had it 65% of those polled favored the law to 31%. 65-31. also they favored the ability of individual states to make immigration laws, to be able to enforce laws that they didn't believe were being enforced on the federal level. that was also 65% to 31%. so there are some interesting numbers that you could look at both ways, but clearly the obama campaign sees a vulnerability and really wants to move forward on sealing up the hispanic vote, the latino vote. jenna: all right. let's talk a little bit about health care. we know thursday is the day we're going to get the ruling on that. i know it's only been about 45 minutes or so that we've been able to digest the new ruling on this immigration law, but have you sensed a change in the

conversation about what to expect on thursday? >> well, a couple of things. one is that, you know, listening to the argument on immigration you might have listened to what the justices said and how they questioned things and said, hey, listen, the state of arizona could run away with this. they could have all of the provisions upheld, and so one thing is for court watchers, don't ever go by the questioning to determine how the ruling's going to come. in other words, we don't know how health care's going to come down. the analysis is that it's likely going to be 5-4 against the individual mandate, but we just don't know. that's number one. number two, shannon's right, there will be a huge ruling here. it could be 200, 300, 400 pages and very complex, so it will take time to digest that. and, number three, thursday is also the contempt of congress resolution vote in the house of representatives against the attorney general. so that will be kind of a big

day down here in washington. jenna: so we'll see you same time, same place? >> okay. [laughter] lock it in. jenna: we'll see you on "special report." gregg: thursday, mark your calendar. in the meantime, a fox news extreme weather alert. tropical storm debby turning deadly. tropical warnings have now been lifted in alabama and louisiana, but florida continues to feel the worst of debby's wrath as the storm brings drenching rain, punishing winds. debby now stall anything the gulf, raising fears of widespread flooding reminiscent of hurricane dennis, remember that? 2005. the storm's outer bands whipping up tornadoes now which have killed at least one person, a rash of twisters hitting areas south of tampa particularly hard. >> all i remember is standing in the kitchen and i just heard glass flying, and it was very scary. and i looked behind me, and i saw the building, the apartment building behind me collapsing, falling down.

and then glass was flying everywhere, and glass was flying everywhere in my house and out of my porch. i looked out and, i mean, it was just, it was a nightmare. gregg: in alabama the coast guard searching now for a missing swimmer. a spokesman says life guards spotted the man struggling to stay afloat yesterday. they were unable to reach him in the very strong currents. meteorologist maria molina live tracking in our weather center the tropical storm, debby. maria, where is it, where's it heading? >> reporter: it's about 70 miles to the south of apalachicola, the center of it at least. but, gregg, it's very displaced or at least the shower/thunderstorm activity is well off to the east of the circulation. we're starting to see this system weakening. we have dry air that's made its way into the center of the system that helps, and we're also expecting the wind sheer to continue on the increase, continue to tear apart this storm system producing showers and storms all the way off towards the east and bringing in

more heavy rain for the state of florida. so really the concern here right now with tropical storm debby is flooding across the state of florida and even the severe weather risk as far as tornadoes go over the state of florida with some of those outer rain bands. again, look at the center of it, not much shower/thunderstorm activity which is something we need for a storm to continue to intensify. right now the national hurricane center has basically issued a new outlook at 13 a.m., and -- 11 a.m., and winds have weakened at 45 miles per hour, and it's currently moving towards the northeast only at 3 miles per hour. and the track has been shifted further off towards the east, so we're looking at landfall across northern parts of florida, south of the florida panhandle early thursday morning at about 8 a.m. with maximum sustained winds at 40 miles per hour. but it's been an uncertain track with the storm system. models have been all over the place, but this seems to be the likely scenario and eventually by saturday, early morning, still impacting the state of florida with sustained winds at

35 miles per hour. it should just be a depression at that point. the other big concern is that tornado threat. we do have a tornado watch still in effect across central parts of the state of florida until 2 p.m. local time, so keep an eye out for that. and a lot of heavy rain, already reports of almost a foot of rain across parts of florida, expecting another 5-10 inches of rain at least. gregg: that is a soaking. all right, maria molina, thanks. jenna: maria gave us a great look at the radar, but our viewers give us images from their own neighborhood. look at this from chris wilson in florida. that's the parking lot from his apartment window. he says about 7 inches of rain had fallen by this time, you can see the cars there in the distance. probably tough to get those cars out. gregg: yeah. wouldn't want to park there right now. jenna: and this one from a viewer in polk county, florida. debby spawning very high winds and possible tornadoes as well. if you'd like to show newsworthy images, you can upload them at

foxnews.com/ureport. you might just see them on the air, we always appreciate it. gregg: that looks like my garage door when i forgot to lift it before exiting. jenna: happens to the best of us, greg g. gregg: okay, a western state is under siege, forcing 31,000 people to get out of the danger zone. more than half a dozen fires creating massive destruction. will these people have homes to even return to? we'll be talking to the u.s. forest service in just a moment. stick around. almost tastes like one of jack's cereals. fiber one. uh, forgot jack's cereal. [ jack ] what's for breakfast? um... try the number one! [ jack ] yeah, this is pretty good. [ male announcer ] half a day's worth of fiber. fiber one.

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gregg: a fox news alert, a new wildfire exploding in the state of colorado, expected to grow larger. the waldo canyon fire prompting evacuation orders for 11,000 people this weekend, more than 6,000 still out of their homes, and the flames are 0% contained, and that is just one of at least eight fires tearing across the

state. colorado's most destructive fire on record is now not slowing down. the high park fire burning nearly 250 homes and frightening police who were responding to everybody to get to safety. >> it was very rapid, very aggressive fire growth in that area, and the evacuations had to occur very rapidly not only did the citizens have to evacuate quickly, but we had deputies up there going door to door along with firefighters making sure that folks were out, and some of those deputies in our office shared with me that that was the scariest thing they ever saw. gregg: joining us now on the telephone from the rocky mountain area coordination center in lakewood, colorado, steve who is a public information officer for the u.s. forest service. steve, give us a status on this fire. i understand at least one individual, a grandmother, was trapped in if her cabin and died as a result. but talk to us about where this

fire is going. >> the high park fire which is ongoing, obviously, west fort collins. the newest fire we have is the waldo canyon fire which is west of colorado springs, very days. i mean, warm, dry conditions, low relative humidity, it's less than 10%. so there's almost no moisture in the air. aggressive fire behavior. now, today we're kind of facing the same thing. unfortunately, we're going to add a little bit of wind into that, so that's going to complicate some efforts. but where you lose ground, we're also gaining ground. some evacuations on that fire have been lifted, folks are able to get back home. however, a lot of other evacuations remain, and right now we're just, we're trying to get a handle on these things, but, unfortunately, we're still reacting to what mother nature throws at us. gregg: in terms of the waldo fire, what are you telling folks there? >> you know, you have to be patient because, you know, with

the evacuations, and you've got to be orderly. i mean, in the areas that are under pre-evacuation, if you're told to go, you need to go. and, you know, this kind of runs up and down pretty much all the fires we have here in colorado, we lift evacuations when we can, when it's safe to have residents return. they're evaluating that, and we'll get people home. but o ter thing is -- the other thing is patient. we're getting all the resources we need, but it takes time to get them in place, it takes time to get a line around these fires, it takes time to get them out. although it's inconvenient, it's necessary for public safety. so patience is the word. gregg: i mentioned a moment ago that the waldo, i think, was 0% contained. when do do you expect to get a handle on it? >> you know, when you have these large fires like that, particularly waldo is 0% contained, containment can be a tricky number because even though you don't necessarily have a fire line in a lot of areas of the fire, there are crews in there doing what's

called point protection, or they're in there protecting individual structures or values at risk or communications sites. so a lot of firefighters are in there doing that, so they're focusing their efforts on those values, and they're not necessarily digging fire line. but the team has just taken over that waldo fire, they're getting crews in there, and as soon as they get an opportunity, they'll start building a fire line. gregg: steve, best of luck to you and everybody out there on the front lines. thanks for taking a moment, appreciate it. >> sure, no problem. jenna: the hot, dry weather that's not helping those fires in colorado is actually part of a much broader national story, and that's some of the drought conditions that we're seeing over a broad swath of our country that are not only threatening the fuel more fire, but also stoking fears of rising food prices for the rest of the country. drought conditions in the midwest specifically are threatening this season's corn crop, and you see large sections of illinois, indiana, missouri and kansas, you can see they're right on the map, seeing so

little rain and some scorching temperatures. and you see commodity prices already ticking up. corn and corn products like corn syrup, for example, are in a lot of the food that we eat. it's also fed to animals. so when we see some of the higher costs of corn, that can quickly translate into higher supermarket bills, and that's something we're watching as well. gregg: all right. have you noticed the gas prices at the pump? jenna: always looks better when it's not in that $4 range. [laughter] right? gregg: absolutely. gas prices tumbling as we begin the summer driving season, good news, for sure, for a lot of you folks out there, but relief at the pump now could signal more trouble for the u.s. economy later on. so we'll try to explain that one. jenna: a lot more to that. plus plans in the works to put more drones in the air, but are the unmanned aircraft really worth it? a look at what some believe is a serious weakness in drone technology and what it could mean for the country. ask me how i've never slept better.

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gregg: welcome back. we could be on the verge of one of the largest bankruptcies by a u.s. city in our nation's history. the city of stockton, california, population roughly 300,000 trying to deal with a staggering debt load, $700 million. city leaders blaming it on rising pension costs and the busted housing market. they've already laid off hundreds of city workers and police officers, but they do say that budget cuts just won't cut it anymore. stockton has already defaulted on several bonds, that's already cost them control of their brand new city hall. jenna: definitely some tough times still in the any -- economy and the job market, but there's good news when it comes to the gas pump, at least relatively speaking.

it could mean bad news down the road. the national average for a gallon of regular now $3.41, down nearly ten cents from a week ago, and some analysts say the price could dip below $3 by thanksgiving. but the reason why the prices are lower is also a key part of this story. phil flynn is senior market analyst at price futures group, also a fox business network contributor, and steve moore is senior economics writer for "the wall street journal". welcome to you both. steve, why are prices lower? >> well, look, like everyone, jenna, i love the idea of paying less than $3.50 a gallon. it just made my weekend. but, you know, part of the reason that the gas price is falling is we are producing more oil and gas in this country which is the good news part of the story. the bad news part of the story, jenna, is the major driving force for this decline in gas prices has been the global economic slowdown. there's much less business production, so industry is usingless oil and gas -- using

less oil and gas, and that means as demand has fallen, so has the price. and that's the real danger point that maybe this economy is slowing down so much, people are going to pay less for gas, but they may not have jobs. jenna: and that's the trade-off. phil, i gave steve the first question so we could salute you because you predicted this way back in february. you said gasoline prices were going to drop below $3 quicker than go past $5. so however do you think they're going -- how far do you think they're going to drop? >> dramatically. i'll go out on a limb and say the era of high gasoline prices is over. i think the high price that you paid this summer in the buildup to the war of iran may be the highest price you ever pay or at least for many, many years. there's been a fundamental shift in the u.s. gasoline market and the global market, and, yes, there's been a slowing in the economy, but it goes further than that. i think we've seen some long-term demand disruption in gasoline that may not come back for many, many years. add to that new u.s. and canadian oil production and on

top of that new technologies in the automobile sector, i think that those high prices that we saw you'll be telling your grandkids about it, hey, i paid almost $5 a gallon for gasoline one time. jenna: wow. that could be -- that's not something we would expect. phil, i've got to go back to you at the cme where a lot of different commodities are trading, and one of the things we talked about a few moments ago are higher food prices and corn prices. so while we're seeing oil drop, what are we seeing rise, and does that offset some of the value we're seeing from gasoline prices going lower? >> i think it does to a certain extent because food prices are definitely going to be higher. and this week is going to be extremely critical, especially for the u.s. corn crop this year. the entire world is basically betting on our corn crop to save the day, and right now with this drought condition the conditions of that crop are very, very poor right now. take a look at what's happened at feeder cattle, for example,

that's an indicator of how much beef is going to be able in the market. those prices are down. farmers aren't going to be able to feed their cattle, they're going to bring them to market. tighter supplies down the road, higher meat prices. you also have hog prices that have been soaring, so food prices definitely higher, another thing the economy doesn't need right now is this severe drought in the midwest. jenna: steve, what are the political implications of that? because the gas prices are an instant thing that you can read every single day, and you think, okay, that's better than it was a couple months ago. but then phil's mentioning these other items. so how does that play out? >> it's a real double-edged sword. on the one hand, certainly, low gasoline prices make consumers happy, and that will help president obama in the short term, no question about it, just as republicans clubbed him over the head a few months ago. he can triumph in these lower gasoline price numbers. and by the way, a reduction in the price of gasoline at the pump, jenna, has the effect of like a tax cut for american consumers. it means they can buy their

gasoline, and then they have money left over to buy other things. the problem gets back to this issue of are we in a global slowdown that's really now hitting the u.s. where factories are not producing as much? that's the real question, and that's the real fear i have that we're just not seeing the output that we'd like to see for a sustained recovery. jenna: more on this as we continue to watch the breaking news on the economy. phil and steve, nice to have you both with us today. thank you very much. >> thanks, jenna. go fill up your tank. jenna: i will. we're going to start stockpiling. we're not at that point, that's a different conversation. different segment completely. all right, guys, thank you very much. let's just show you where the dow is trading so we can check in on our 401(k)s. we did get some new home sales that at first blush seemed like a good thing. whether or not that's playing into the market is a question we can't answer right at this time, but i do see that the dow traded lower last week for the whole week overall, so we're seeing this start to this week down 150

points. gregg: you don't want to check your 401(k) -- jenna: well, you have just got to be aware. ignorance is bliss? gregg: i don't want to be donny downer today -- jenna: not debbie downer. gregg: take the today off from checking your 401k. the highest court in the land has just issued a ruling on the immigration law in arizona this as we await a major ruling on health care. an inside look at the workings of the u.s. supreme court from a journalist who covered it for two decades. and the political fallout from the upcoming contempt of congress vote against the attorney general, eric holder, over key documents in the fast and furious operation. republicans suggesting a cover-up that could go as high as the white house. democrats blasting back claiming this contempt vote is part of a gop scheme. a fair and balanced debate next. [ male announcer ] eligible for medicare?

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jenna: we're back to our top story now. one down, one major ruling to go as the supreme court issues an opinion on arizona's controversial immigration law, upholding a key part of it but striking down the rest as unconstitutional. now, as we await a landmark decision on the health care law which will come down on thursday, that's a law that effects every single american, we're going to take a look at the immigration law and see if there's any tee leaves for us. tim o'brien is an attorney who spent two decades covering the supreme court and is with us today. tim, both sides are saying this

is a victory for them. how do you see it? >> well, it's certainly a larger victory for the administration. congress and the administration's views were upheld for the most part. the one area of the law that the court did allow to go forward where police, if they stop somebody incident to some lawful arrest, they can still question that person about their immigration status. but even that could come back to the courts. if that's being challenged as racially discriminatory, racial profiling, if someone's being held for any length of time solely because they're suspected of being illegal, that probably won't fly, so that could go too. i don't want see this ever coming back to the u.s. supreme court. the questions that remain the lower courts can easily address. jenna: based on the rulings today, does that give you any further indication about what we might see on thursday? you shake your head, no. >> oh, it does some, but we're reading tea leaves, and these are very fine tea leaves. the fact that this opinion was written by justice anthony kennedy who could have been one

of the authors of health care, he won't be now. we now think it almost certainly will be written by chief justice john roberts who has a great stake in the outcome of this case, at least in making sure the decision is comprehensible. sometimes with so many difficult questions you get something you need a calculator to figure out what it means. it's still very tough to figure out where the court is going on. if you if look at the cases, it gives you an idea where the court should go. you look at the cases where the supreme court has interpreted the commerce clause, it may not be how you or i interpret it, but they've given broad authority to congress over commerce, interstate commerce. you look at the cases, and i think obama could win. but if you want to see where the court is going to go readier than -- rather than where they should go, you look at the justices, and they're very difficult to read -- jenna: let me just stop you there for a second, tim, just because we're seeing the images of the justices on the screen as well. how have you seen the dynamics of the justices change over the years? you've been covering the courts for, as we mentioned, two

decades. what makes this group and this dynamic particular and specific and different at this time in our cub country? >> the biggest single effect, impact on the court was the departure of justice sandra o'connor and the elevation of samuel alito to the court. you have these 5-4 splits left and right, and it gives greater impact, greater importance to the vote of anthony kennedy. you've got anthony kennedy, you've probably got the case. jenna: interesting, tim. thank you so much for that analysis. look forward to having you back. gregg: a contempt of congress vote against attorney general eric holder will come this thursday, the very same day as the health care law ruling. over his refusal to turn over key documents in the fast and furious gun-running scandal. while there is still time to work out a deal, the controversy is blown wide open now with house minority leader nancy pelosi claiming the contempt

vote is part of a gop scheme to suppress voters. and house speaker john boehner suggesting the white house was involved in a cover-up. house oversight committee chairman darrell issa denied the claims on fox news sunday. take a listen. >> do you have any evidence that white house officials were involved in these decisions, that they knowingly misled congress and are involved in a cover-up? >> no, we don't, and what we're seeking are documents we know to exist. february 4th -- december that are, in fact, about brian terry's murder, who knew and why people were lying about it and get to the truth. that's all we want. gregg: in the meantime, maryland congressman elijiah cummings, the ranking democrat on the oversight committee, echoed claims that this investigation is a kind of political witch hunt. >> i think that there are a number of people they look at attorney general holder, and they themselves ask why has he

become the punching bag for so many republicans? why is he the subject of all these conspiracy theories? and, again, no matter what other people may think, i think we have a duty, a duty to the american public, a duty to the congress of the united states at this critical moment to get the documents. i know we can get them, it's just a matter of sitting down and talking to holder. we can get this matter resolved. gregg: joining me now is hadty heath and simon rosenberg, president and founder of ndn and a former clinton campaign adviser. good to see you both. hadley, let me start with you. the president is on record as having said all along knew nothing about it, didn't deal with it, wasn't involved. and all of a sudden the president invokes executive privilege which suggests that there was some white house involvement. you can't have it both ways, can you? >> no. and, you know, this is a very serious issue.

this failed operation resulted in some extremely tragic con we think sos, and -- consequences, and the mean people are owed an explanation about how that came to be. especially for supporters of the president who were awaiting the most transparent administration in history, this has to be a huge disappointment. gregg: you know, simon, i think a lot of people were taken by surprise when nancy pelosi stood in many front of the television cameras and microphones and said, oh, you know, this is all about voter suppression. what did you make of that? >> look, i just think this whole thing is an enormous waste of time. i mean, this program was when they figured out what was going on, it was a single field office in arizona. the program was shut down, the people involved in it were fired. there was a serious investigation launched. i mean, this is a, this was all part of a much broader strategy the administration had been employing to tackle the cartel violence and to stop the gun flow into mexico. and i just think this has been in a time when we should be focusing on the economy, on

health care, i think darrell issa's wasting an awful lot of taxpayer dollars -- gregg: you know, simon, i used to tell my clients if you have nothing to hide, don't hide it, because it creates the appearance of impropriety. >> agreed. gregg: as if you're guilty of doing something. isn't that the box that democrats now find themselves in and, indeed, the president? >> no, i don't think so -- gregg: really? >> yeah, and the reason why is the president shut this down last week because this has gone on too long. this has been an unbelievable witch hunt by darrell issa, this is a small program that was shut down, everybody was fired, an investigation was launched, right? we don't know that the guns that walked into mexico actually killed that border agent. that's possible, but we don't actually know that's what happened. the fact that we're taking any time on this right now is just a sign of how desperate the republicans are because their economic strategy isn't working and neither is their attacks on obama's foreign policy. gregg: well, i don't want to go

off topic but, hadley, what about the point here -- and i actually have a copy of the democrats' response on the committee, and they call this a partisan election-year politics rather than an investigation into the facts. >> yeah. gregg: do republicans, hadley, run the risk of appearing petty? >> no, i don't think so. we have dead americans here that we're trying to investigate how this came to be. our guns walked across our borders into the hands of criminal warlords in mexico. this is a very serious issue, i don't think it's petty at all. i don't think they run the risk of being petty, but i'm actually going to agree with simon, i do think -- gregg: hadley, it was a partisan vote, right? republicans voted for the citation of contempt and democrats didn't, so -- >> well, it shouldn't be a partisan issue. actually -- gregg: well, it is. >> it should be something about the rule of law. gregg: doesn't the vote tell you it's partisan? is.

>> what we have to focus on here, and i'm going to agree with you that the economy should be the focus. the sooner we can get all the information on the table, then the better off we'll be. i think what is the point in using this executive privilege if there's not something to hide? gregg: all right. um, simon, hadley, good to see you both. thanks so much. >> thanks so much. thank you. >> thank you. jenna: the supreme court issuing a major ruling on immigration today, striking down parts of arizona's controversial law. but other states have similar laws on the books right now, including utah. and we're going to talk live to that state's senator, mike lee, about the implications for his state moments from now. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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from japan's tsunami makes its way to our shores. who should pay for this cleanup? and testimony resuming in the sentencing phase of a texas stand your ground trial. raul rodriguez faces up to life in prison for killing his unarmed neighbor over a noisy party. jenna: well, the supreme court upholding a key provision of arizona east tough new immigration law, at least for now. that part of the law calls for police to check the immigration status of people they stop. there's a simple way of putting it, there's some particular requirements that they have to follow before they do that. so we just want to keep that in mind. but overall the ruling from the supreme court struck down the other parts of the law as unconstitutional. now, five other states followed arizona's lead and fashioned similar crackdowns on illegal immigrants. utah is one of those states, and joining me now senator mike lee, a republican from utah. he's on the senate judiciary committee, he also clerked for

supreme court justice alito which is probably the reason why he's on the supreme court steps right there as he was awaiting this decision today. what does this mean for your state and for the law that you have in place now? >> well, with regard to states generally that are trying to tackle the immigration issue, it means that they'll have to be careful not to run afoul of what the supreme court has now said is significant preemption precedent. it'll be more difficult for states to set their own penalties on conduct that's against the law federally. this is an unfortunate decision, it's one that for reasons pointed out by the dissenters is problematic from an historical standpoint. jenna: who's the winner? >> well, the winner is, perhaps, the obama administration who took the position that because congress has spoken and the federal government has acted in the area of immigration generally, the states cannot act. and so they're the winners, but i think the american people, the state governments have lost something today.

jenna: and what do you think we've lost? >> well, we've lost the ability for states to take problems that they themselves are facing and to do something about it. we have to remember that states face enormous burdens as a result of the federal government's failure to secure the border. as a result of the federal government's refusal to enforce federal immigration laws. they have to pick up the slack when it comes to providing services to those living within their states including especially illegal immigrants. to tell the states they're somehow powerless to do anything about it when the federal government refuses to enforce those laws is problematic for the people. jenna: "the wall street journal" was writing up a review, and this is still coming in as everyone's looking through some of the information that's been put out there on the ruling on the immigration law, "the wall street journal" puts it this way and says, basically, this is a win for federal sovereignty. we've seen, obviously, the battle between state rights and federal rights, individual rights, the rights of the government, it's something

that's played out as a theme, something we've been talking a lot about over the last several weeks. reuters said, basically, this is a battle between republican states and a democratic administration. would you phrase it that way? >> i wouldn't phrase it that way. i would phrase this as a constitutional debate, a constitutional discussion that needs to go on. now, as you pointed out we've had a number of decisions over the years that have inoured to the benefit of the federal government, that have given congress more and more power and often done so at the expense of the states. this is yet another one of those decisions. and it's not about the states themselves, it's about the people represented in the state legislatures. the people become less powerful whenever congress becomes more powerful. jenna: quick question, what do you think this means for the health care law? >> i'm not sure that this sends any signal necessarily with regard to which way the health care law is going. the health care law deals with a different question, it doesn't deal with preemption questions. it deals with the extent of congress' power to tell the american people they have to buy something.

that's completely unprecedented in american history, and so it's a very different set of circumstances. i don't think this sends a message one way or another. jenna: thank you for bringing your unique background to our conversation today, senator lee. we look forward to having you back. >> thank you, jenna. gregg: you know what? you've got to be a really smart guy to be able to get the job as a supreme court, you know, associate or intern or, you know? that's impressive. jenna: that's tough to do. gregg: yeah. a clerk for the u.s. supreme court? very hard to do. all right, more unmanned drones expected to hit u.s. air space in two years, but some warn that hackers could seize control of the spy planes, so we'll take a look at the risks of putting more and more drones up in the sky.

gregg: welcome back. the faa is working on a plan to open u.s. air space to drones by the year 2015. the unmanned aircraft used more and more both for military missions and domestic surveillance. but one expert warns the increase in drones will put the aircraft at greater risk of getting hijacked. john roberts is live in atlanta with more. hi, john. >> reporter: hey, good morning to you, gregg. could be used for commercial purposes as welch within five years there could be tens of thousands of drones flying in u.s. air space. the primary concern up until now has been about privacy, but a team of researchers at the university of texas has uncovered a gaping hole in security with these unmanned aircraft. in a series of experiments that fox news had exclusive access to, the team repeatedly took control of a gps-guided drone by sending it false information from a so-called spoofer. they were able to make it do whatever they wanted, fly wherever they told it to. most troubling here is that in the civilian world of gps there

is no defense against such a hijacking. the implication here, that terrorists could do the same thing. todd hump freeze is the lead researcher on the project. >> these drones on every day behave just perfectly, but one day somebody hits it with one of these attacks, and it's a perfectly-timed attack, it puts it into the flight path of a manned plane, maybe something you're riding on, that could be a disaster waiting to happen. >> reporter: now, the government is aware of this vulnerability. last week at the white stands missile range in new mexico, humphries and his team demonstrated what they can do for both the faa and the department of homeland security. the big worry here when the faa opens the air space to drones, they'll get bigger and bigger, not just those small surveillance drones. in fact, fedex says it wants a fleet of cargo-sized drones to carry packages across the country. >> what if you could take over a drone that's up there just delivering fedex packages and use that as your missile?

that's the same mentality that i'm sure the 9/11 attackers had. they were thinking outside the box, thinking of what could be done with what's already up there. >> reporter: and at the moment there's absolutely nothing that the government can do about it. the department of homeland security is working on a couple of programs, patriot watch and patriot shield, to try to protect the gps system, but both of those programs are poorly funded and, gregg, not even really off the ground just yet. [laughter] gregg: all right. john roberts, thanks very much. jenna: well, a western state battling deadly wildfires now calling in the military. the new offensive against these destructive fires in a live report straight ahead. plus, a fox news reporter on the ground in syria giving us a firsthand account of the violence that's shocking the world. breaking news on more syrian forces defecting as well coming up top of the hour. it's the little things in life that make me smile. spending the day with my niece. i don't use super poligrip for hold because my dentures fit well.

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jenna: high noon on the east coast.

fox news alert. brand-new reaction to the supreme court's decision on arizona's controversial immigration law. the court upholding a key provision in the law which requires police to question immigration status while enforcing other laws if there is reason suspicion to do so. the court struck down three of the other parts of the law in question, including a requirement that all immigrants obtain or carry papers. another making it a state crime for an i will he legal immigrant to seek a job. and allowing police to arrest suspected illegal immigrants without warrants. we are just getting new reaction from presidential candidate mitt romney who is calling for a national immigration strategy. the former governor says states have a duty and a right to secure borders. more on that as we get it. in the meantime arizona republican congressman jeff flaek joins us now. what changes in the streets of arizona because of the ruling today? >> well, local law enforcement

has been working for a longtime to work with the federal government where we can to insure that immigration laws are enforced. this is a pw*eus of a mixed ba bit of a pheupbgsed bag a a mixed bag because that part of the law was upheld. it was remanded to the ninth circuit, so it's not even clear there. the troubling part is the federal government is spending all this time in court suing the state instead of doing what we need to do to secure the border, and that's what is troubling to arizona citizens. as senator kyl and senator mccain said today, that we are litigants in the court, rather than part nears near the border and that's what is troubling. jenna: we heard that mitt romney wants a strategy as far as immigration. we've heard about talk from both parties that are looking for a comprehensive immigration reform. in some ways does this ruling set out a guide that could be productive, meaning that the supreme court said, this is what the states cannot do, and this

is what the federal government should do, and in some ways that provides us a guide that could be productive working towards that? >> i don't know that it's effective or useful if the federal government simply is unwilling to do what it takes to secure the border. and just two weeks ago, or three weeks ago the obama administration sought to change the definition of operational control. so if we are not achieving it we just change the definition of it, and that's not what we need. here in arizona we have good operational control in the yuma sector but not in the tucson sector. it's rather poor in the tucson sector. what we need is for the federal government to focus a plan like the ten-point plan that myself and senator kyl and senator mccain have introduced that is a broad-based plan on the border itself, including more resources and also swift and sure

prosecution. to do in the tucson sector what has worked in the yuma sector. that's what we can't get the obama administration to focus on. jenna: some have said this is a win for the administration. it's being categorized by some today. what is your next step now? >> i think certainly on a couple of the provisions, they did prevail. but on the one that most people focused on, there is some degree of victory for arizona. but it's definitely a mixed bag. i think what we do and what we focus on now is just to continue to try to get the administration to focus on securing the border. when we can do that, then we can move on and do all the other items that we need to do, and there are many. but it has to start with securing the border. jenna: congressman flake, nice to have your reaction to this news today. we look forward to having you back. >> thanks for having me.

jenna: things happening on this busy monday morning. we also have to political football over fast and furious, as that whole investigation heeds for another showdown. gregg: that's right. a dead border agent, brian terry, a federal gun running scanned disciple and now attorney general eric holder facing a vote by the full house of representatives to hold him in contempt of congress. jenna: very busy week. house speaker john boehner says a vote will come this week, we understand it can be thursday unless the justice department can satisfy their demands. chief correspondent mikeee and mule is live on capitol hill with the latest. >> it's expected to be a huge week for attorney general eric holder on the fast and furious investigation. the vote for contempt of congress could come as soon as wednesday, although several house republican leadership aides says the final timing has not yet been set, some suggesting maybe thursday is the day. earlier a member of the house g.o.p. leadership laid out his

concerns about this case. >> holder announces and gets the president to executive decision based upon 24 hours before bringing the documents before. why is that? you know. nixon did it. when he did it it was wrong, it's wrong to do it now. i think people have a right to know, why it transferred and why is an american citizen dead? why are we afraid of providing the documents. >> efforts to reach agreement between attorney general eric holder and house oversight committee members sailed last week. holder wanted to give them a briefing in exchange for fast and furious being taken off the table. president obama stepped in declaring executive privilege. the oversight committee voted holder in contempt. the top democrat from the oversight committee defended the attorney general. >> he's already turned over 7,600 documents, millions of emails, and has even given up what is called internal deliberative documents.

these are the types of documents that attorney generals over and over, years after year after year have held close to themselves, and their offices. >> reporter: a contempt vote in the house of representatives is expected to have strong republican report. republican leaders also insist there are a number of democrats that they believe will come along if and when it gets to that point. again, barring a huge breakthrough we do expect a vote on contempt against the attorney general later this week. jenna. jenna: mike emanuel on capitol hill, mike, thank you. gregg: the economy playing a major role on the campaign trail, but a new "associated press" gfk poll shows half of all voters think it doesn't matter who wins the election, because either way it's not really going to make much of a difference on the economy. in the very same poll 59% say the outcome will have little or no impact on unemployment.

steven hayes is a senior writer for the weekly standard and a fox news contributor. steven, good to see you. are americans pessimistic, cynical, what do you make that of. >> maybe all of the above. the interests message out of this poll sends a warning to mitt romney's campaign. he's been focused almost exclusively on the economy. i think it suggests he needs to broaden his message and make a broader argument about why barack obama should not be reelected. at the same time he needs to make an argument to voters that he in fact can do things to affect the economy, that he can change their views on whether he will -- whether his policies will actually have a difference, have an impact. gregg: instead after 59-page position paper on the economy, do you think he would do better in the polls, and on election day if he were more specific, and do you think he intends to

be? >> i don't know how much more specific you want to get than 59-point poll. he's laid out some broad specifics. the arguments i hear from talking to republicans and conservatives outside of the romney campaign who are concerned about the direction of the campaign is that he needs to have a comprehensive message, something that when you ask a voter in say pea or rea illinois or wichita, what is mitt romney going to do on the economy, they can give you a couple sentences, and say this is what mitt romney is going to do. i would say the second part of that message obviously is, this is how it's going to have an affect on the unemployment rate, on how we're managing our debt and deficits. give voters something that they can easily comprehend and easily remember when they are heading into the polling booth. gregg: steven, if you look at some of the sort of nonpartisan evaluations of the mitt romney economic plan, especially with respect to taxes, they seem to say that this favors the rich to

the disadvantage of the poor. is that problematic for them? >> well, look, i mean it depends on whose analysis. it depends on how they are actually analyzing that, and frankly a lot of times you can get that kind of analysis out of any republican's tax proposal plan, you'll have that complaint. i think the argument, or the challenge for mitt romney is to make a case that he is for economic growth, that he wants to reduce tax rates, marginal tax rates, that he wants to broaden the tax base, and that he wants to do the kinds of things that are going to result in economic growth. at the same time, he is serious about debt and deficits. this is sort of the big picture argument that i think some republicans and conservatives are urging the romney campaign to embrace. talk about the way that the president is leading on debt and deficits. he's done this a little bit. he did events down in florida where he had the debt clock over his shoulder e. made the

argument that the president has exacerbated our debts, that it's about leadership and not narrow stewardship about our economy. gregg: steven harks ayes, thanks very much. jenna: tropical storm debby is already growing in the gulf of mexico, spinning and churning at this hour and hitting florida quite hard already with battering surf, flooding rainfall and triggering deadly tornadoes near tampa as well. right now folks are trying tow pack up and head to higher ground. not our phil keating. >> reporter: unfortunately florida is the lowest on average elevation state in the nation. there is not much high ground to go to. last night very violent storm activity here in st. petersburg beach. this is gaylen's paradise, that is here on the stoop talking to the friends. she has a lot of damage at her

gallery. take a look at her yard, it has about four or five inches of water, but things are not nearly as bad as it is for her neighbor back there. you see that gray house? well that looks to be most likely a total loss, and that all happened last night around 8:30 when some residents describe seeing a waterspout, at minimum it was certainly a microburst of strong winds that caused damage to about 20 houses, none of it severe tkpe except for this house. most of it was minor and medium. in highland county, florida, confirmed tornado last night took the life of one woman and the polk county emergency prepared office north of tampa confirmed two tornadoes there as well. as all of this is all blamed on tropical storm debby, the latest national hurricane center forecast just came out, the advisory which actually shows the wind speed lessening slightly, and it's now down to

about 45 miles an hour sustained winds, still 75 miles southwest of appalachacola which is in the big bend of florida. the good news for many residents up there, from alabama into the florida panhandle is that the tropical storm warning they were under has now been downgraded to a tropical storm watch. the storm is expected -- it's only moving three miles an hour, it's going to be bringing a lot of rain, a lot of wind, and a lot of flooding for most of the week. jenna: more developments as we get them, phil, thank you. gregg: lots of reaction coming in now to a major ruling from the u.s. supreme court on arizona's immigration law. the senate top democrat says that decision opens the way to racial profiling by police. arizona's governor calling the decision to uphold part of the law a victory for all americans. coming up next we'll be talking with one of the co-author's of arizona's controversial law. and then he said he was justified in shooting his

neighbor, citing texas' stand your ground law. the jury didn't buy it. now he's waiting to learn his sentence for murder. >> look, i'm in fear for my life now. i -- that's why i bring my weapon. i'm in fear for my life. please help me now. they are going to kill me. they are drunk [. [laughter] [sound of gunshot ] [ male announcer ] this is rudy.

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jenna: fox news alert. a major ruling from the supreme court on arizona's immigration law. the high court upholding one part of the law which requires police officers to check the immigration status of anyone who is stopped for an unrelate violation, where there is a reasonable a sums tha assumption that they should be checking for the immigration status. the courts, though, struck down three other provisions as

unconstitutional. joining me on the join, kansas secretary of state chris koback, the co-author of arizona's immigration law. we are hearing from jan brew tpher arizona, that she says the heart of the law is being upheld. we heard from senator mike lee last hour that says this is a win for the administration. how do you see it? >> well it's a win for arizona but it's not 100 100% victory, the one that doe the heavy lifting for the arizona law was upheld. any time a state police officer or local police officer is issuing a traffic citation, investigating a crime and he comes upon a person that he believes, that he has suspicion is unlawfully present in the united states he can call the federal government, make an inquiry, possibly detain that individual. that's the one that's been in the news. the provisions struck down were less important than subsidiary

provisions. obviously i would have loved to have aefr aspect of the arizona law upheld by the court. we'll take this. this is a big victory for the state. jenna: they took that provision of the law and said listen it can go down to the lower court, so when there is enough information the lower courts can make a ruling on whether it's constitutional or not. what do you expect to come of that, and what sort of timeline do you see for that? >> well, i don't think there will be any dramatic change in the lower court. basically the reason the supreme court was in this posture is because this was actually all on a preliminary injunction motion, which is legalese for the plaintiffs in this case in arizona wanted the judges to freeze the status quo, not let the law go into effect while the court was deciding it. so the law will go into effect. i don't think there will be any -- contrary to what some of the critics of the law says, there won't be any dramatic action that violate anyone's civil rights and the system will operate exactly how congress intended. the state and local police can

provide information to the federal government. we have local law enforcement officers making arrests, thousands of them every day. if they can be of assistance in enforcing our immigration laws, so much the better, that's what congress wants. jenna: i know hind sight, 20-20. you look back and think maybe we should have written the law different one way or other based on the ruling today in. >> no i don't think so. i think the law was drafted exactly correctly. there is an interesting little twist in the decision today. that is what you see happening is probably justice kennedy announced that he -- he was the one who kind of had the -- he was the author ever the opinion he wanted to uphold the central provision but strike down the others. ahh chief justice roberts needed that majority, because if it was a 4-4 split, saying and was recused then the arizona law would be struck down. you need five justices to

overturn the ninth circuit. you had chief justice roberts joining the majority to insure the ninth circuit's bad opinion didn't stay in place. that's i think what happened here. arizona's law was exactly right, but we had this strange interaction, this strategic movement on the court. jenna: an interesting take on it, chris. we hadn't heard that yet today. we appreciate your time. chris kobach, co-author of the arizona law that we're covering so much here. struck down in key part but upholding one part. gregg: stocks taking a hit today, bank stocks especially weak. some investors afraid that big banks could take an even bigger hit if europe can't get it together. bank of america shares dropping 4%, the biggest fall among the 30 stocks in the dow. we are keeping a close eye on the markets.

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gregg: right now testimony underway in houston, texas, controversial stand your ground case. attorneys for retired firefighter raul rodriguez, convicted of murder in the shooting of his unarmed neighbor, presenting witnesses today in the sentencing phase of his trial. julie banderas tracking this story for us live at the breaking news desk. >> reporter: this law posing quite a twist for jurors. prosecutors say 46-year-old raul rodriguez took it upon himself to let his neighbor know his karaoke party was too loud by shooting him point-blank after a verbal confrontation with several men also at the party. rodriguez armed with a video camera, a flashlight and a handgun refused to leave the end of his neighbor's driveway when asked. he then threatened the men. listen. >> i said, stop right now or i will shoot you.

stop. get back. get back. i'm in fear for my life. >> now that 22-minute long home video watched by a jury over and over again followed by a 911 call, where rodriguez is heard on it telling the operator, he'll stand his ground. >> look, i'm in fear for my life now, i am in very -- that's why i bring my weapon. i'm in fear for my life. please help me now. they are going to kill me. >> when rodriguez drew his gun a partygoer then suggested he'd go get his own gun inside the house. prosecutors argued the video clear khraoe shows it was rodriguez that initiated the situation before it escalated. seconds later houston firefighter ricky johnson, admittedly drunk, movers closer and then makes fun of rodriguez' camera and that's when the argument ends. >> look, i'm not dealing with these people any more.

that i are drunk. [laughter] [sound of gunshot. >> a school teacher was killed. today attorneys for rodriguez will argue their client was within his rights under texas' version of a stand your ground law as the punishment phase of the trial resumes today. rodriguez faces up to life in prison. unbelievable, all of that caught on video. gregg: thanks. jenna: we've been telling you about the major decision of the court on immigration. we also learned today the supreme court will issue its decision on the healthcare law on thursday, for sure, without a doubt. as of right now could that change, gregg, or it's for sure, for sure? gregg: for sure, for sure. jenna: we'll take it as thur. mos thursday. most states have plans in place to move forward according to the outcome. 77% of voters think if the supreme court finds the law unconstitutional the president and congress should start work

on a new healthcare bill. 19% say they should leave the healthcare system as it is. wyoming senator john pw barasso joins us from the supreme court today. senator, the people, regardless of what happens on thursday, want a change based on that poll. what is the number one change that we should make to the healthcare system, regardless of what we get from the supreme court? >> jenna, people know what they want under healthcare, they want the care that they need from a doctor that they choose, not that the government chooses or an insurance company chooses, but that they choose at a lower cost and that is the problem with the healthcare law that we have now, which i hope the supreme court strikes down as unconstitutional come thursday. but if this is struck down in part we are going to try tow repeal the rest of it and work in a step-by-step way to actually get the american people what they need and ask for, in terms of healthcare reform, not this 2700-page law that is

really too voluminous to be read and too incoherent to be understood. jenna: we are looking forward to the decision on that and having to read through what the opinion will be on thursday. that is going to be really interesting, senator. one of the other things that folks are really concerned about is the economy. i know you said our ideal is that the entire healthcare law is struck down f. that happens according to the cbo, the nonpartisan congressional budget office the budget deficit will increase by more than $200 billion, that's if the bill is completely shut down. what do we do about that part, senator, in the law is gone on our budget bev sit goes up by 200 bill dollars, how is that a win sth. >> you're right. people are very worried about the economy. that's what i hear about every weekend at home in wyoming. we have 8.2% unemployment, college graduates that can't find work consistent with the training and education they've got even. they are stuck with large debt. when they talk about some of these numbers, if the law is

struck down, remember this is a healthcare law that is full of budget tricks, accounting gimmicks and broken promises. i think when you actually get down to the real cost of this healthcare law, the cost is that it's caused so much uncertainty for the businesses of the country, the people that actually hire people, that put people back to work, that businesses all around the country have been reluctant to make that decision and the commitment to hire someone new because of the threats coming out of the obama administration of increasing taxes, the mandates of the healthcare law and additional red tape and regulations which make it harder and more expensive for the private sector to create jobs. that's what is on people's minds. jenna: senator, any indications from the court today, based on the immigration law that you're taking -- some sort of indication of what we might see on thursday. >> i think it is anyone's case. i was in the court today hoping there would be a ruling today. i'll try to be back in the court on thursday. there is a lot of interest in this because it has a huge

impact on the economy. i think this healthcare law, whether they find it constitutional or not it is still unworkable, it is still very unpopular, and to me as a nation it is very -- it's unaffordable. jenna: i know you talked to us not only as a lawmaker but also a doctor. what kind of doctor again in. >> as an orthopedic surgeon taking care of people in wyoming for 25 years. when i go back there and say under the healthcare law so far do you think you're ending up paying more for your care or less, they say they'll end up paying more. do you think the quality and availability for you will go up or down. they think it will go down. people don't want to pay more and get less, that is what people are doing with this healthcare law which is have it's so unpopular. jenna: gregg has had a couple of knee surge reese, that's why i thought he could ask you -- next time. hopefully we'll talk on thursday when we get the ruling as well.

>> thanks, jenna. gregg: i think he's repaired a couple of acl's. jenna: okay right now? arthritis is setting in. but i'll be owe kabg. jenna: every once in a while i wonder is it going to affect the show today, is it going to affect the way you play? gregg: high profile leaks of national security intelligence giving rise to new rules to help protect america's secrets. plus a television anchor caught twisting governor romney's words to fit a particular storyline? was it play want by as? a simple mistake? what is going on? [ male announcer ] research suggests the health of our cells plays a key role

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gregg: getting word now the president has made a brief remark almost in passing to reporters about today's supreme court ruling on immigration, arizona's immigration law. the president said, he's pleased with the high court immigration ruling. apparently this is a statement, i stand corrected. this is a statement. he's pleased with the ruling but concerned about the remaining provision. so we'll try to get more information for you as we get it. jenna: also this fox news alert from washington today, we are getting word that the director of national intelligence is instituting new rules to help keep our national security secrets, actually secret. chief intelligence correspondent catherine herridge is live in washington with the details on this. >> reporter: thank you, jenna. a brief press release the office of the director of national

intelligence, the nation's top intelligence adviser laid out new requirements to discourage the leaking of classified information. as previously reported by fox the f.b.i. is running two leak investigations, the first on a new plot in yemen and the second on the stuxnet computer virus used on iran's nuclear program to break it down. there you two changes. a mandatory poll graph for those who works for the intelligence agencies will ask whether the employee has released information to a reporter that was not authorized. the intelligence community inspector general will lead an independent investigation if the justice department cases do not lead to criminal prosecutions. the director of national intelligence said in the release, quote it is my sincere hope that others across the government will follow our lead. it is the right thing to do on behalf of the american people and in the interest of our national security. the new polygraph question does not seem to apply to members of the national security council and this may leave an unacceptable gap for senior lawmakers on the intelligence committees. the head of the house

intelligence committee indicated the leaks probably came from the most senior levels of the obama administration. >> clearly there are indicators that it is at the senior levels of access. somebody very senior had access to both the material and the situation room, that is a very small number of people, so it tells you that they are more senior in the white house. >> reporter: it's still not at all clear where the leaks came from, whether they came from the intelligence community or elsewhere. and it's still not known whether they were politically motivated, jenna. jenna: interesting, catherine herridge on that story live from d.c. thank you. >> reporter: you're welcome. gregg: well an odd example of media manipulation. we were actually going to look at this last week that got preempted by developments in the fast and furious scandal. emery mitchell on msnbc taking some remarks by governor mitt romney out of context, arguably

and making him look out of touch. check out how mitchell uses this edited clip. >> maybe this was mitt romney's supermarket scanner moment. i get the feeling, take a look at this that mitt romney has not been in too many wawa's on the roadside in pennsylvania. >> by the way, where do you get your hoagey's here in do you get them at wawa's? have you ever been to wawa's? everybody been there. i know it's a very big state divide. we went to wa's. i went in to order a sandwich. you press the touch phone key pad, and it says you touch this. touch this. touch this go pay the cashier and there's the sandwich. it's amazing. >> it's macing. you know when these candidates get out of their comfort zone. >> yeah. >> and go to the people in small town america you've got to be

able to, you know, speak the language. gregg: they are yucking it up and mocking romney and it kind of sounds bad. but listen to the rest of what governor romney actually said. >> i went in to order a sandwich. you press the little touch-tone key pad you just touch that and the sandwich comes out. you touch this. touch this. touch this. go pay the cashier, there is that you are sandwich. it's amazing, people in the private sector have learned how to compete, it's time to bring some competition to the federal government and to get it smaller and respond to the customers which are you. gregg: all week we waited for some kind of an explanation, a poll skwhraoe, regret maybe. then this weekend a prominent media critic took mitchell to task for the deceptive editing. joining us now is jim pinkerton a contributing editor and writer for the american conservative magazine. alan colmes is host of the alan colmes radio show. jim, what do you think of this? would you expect andrea mitchell

to at least say, hey you know what, made a mistake we should have played the full clip, we miss republicanned what happened. >> she was a very distinguished foreign affairs reporter at nbc. i guess she wants to maintain her new gig at msnbc and that means stick to the party line over there. the way she set it up, this reminds me of the 1992 supermarket scanner with president bush 41 where in a different media environment "the new york times" and everybody else reported that bush 41 didn't know when a supermarket scanner was. they tried to do that now to mitt romney 20 years later, but the difference is there is now bloggers watching the stuff too and paying close attention who have access to the same videotape. a blogger named super mexican, that's his name, not mine, his name, caught it, and now we see that this is just msnbc trying to mug mitt romney and it shows the difference in 20 years. back then they could get away witness, now thanks to greater information they can't. gregg: alan, what do you think of this.

>> we haven't told the whole story here. andrea michelle came back, she played the whole clip waoefplt don't know when she first played it that that's all she knew. for all she new that's all that existed on that clip. msnbc issued a statement saying there was nothing intentional. it wasn't edited out of sequence, they left out the last part of the clip, which they later played. gregg: to you think that is all right. >> i didn't say it was right. they corrected the situation. they played it. msnbc issued a statement and said nothing was done intentional leave. you're trying to impute some kind of nefarious scheme to prove that romney -- i'm saying that they corrected the situation. they didn't say the words maybe you want, that jim wants or maybe they didn't say the words that whoever else wants, what else do you want them to do. gregg: i know andrea mitchell not very well, she is a loaf lee person and a terrific, terrific reporter. jim, i do want to say this. brent baz erbs l said this is an

outrageous example of how msnbc will do anything to help obama in 2012 no matter how irresponsible or unethical it is. that's a little over-the-top isn't it? >> i'll give you another example. a media blog watchdog thing has a grab from a former cbs reporter named greg candra, 26 years as an editor, writer, whatever, 26 years an said, addressing the mainstream media now that he's left cbs, you have worked long and hard to merit the suspicion, acrimony, mistrust and revulsion of the american people. so, you know, there is brett bazel's opinion as one. this guy was inside the belly of the beast for 26 years talking. >> this is a hop bee that conservatives have to go after the media. he runs a website and goes after

the liberal media. >> you didn't answer the guy from cbs. >> i didn't see that story. they publish all kind of information and all kinds of opinion left and right. i defy you to tell me that meteorite is some kind of a left leaning website there are all kind of opinions there. >> a veteran of cbs news says everything that people have been saying about the main team media is correct. >> that is one man's opinion, so what. gregg: would you at least have said -- regret the mistake, i didn't do it myself, i didn't edit it, but let's correct the mistake. >> anybody is vulnerable to making a mistake. it can happen to any of us. gregg: absolutely. but you own up to it and say oops, sorry. >> they played it and msnbc issued a statement. it's not going to be enough for conservative media critics no matter what they do, right.

gregg: lord knows i've made plenty of my mistakes. good to see you guys. jenna: never, never. gregg: listen, you could fill volumes in bookshelves with all the mistakes i've made. jenna: if someone does live television -- gregg: you're going to make a lot of mistakes. jenna: potential major environmental crisis is underway right now along the west coast as more than a million tons of debris washes ashore. this after last year's devastating tsunami in japan. so who is going to clean it up and who is going to pay for it? 

jenna: we'll take you overseas now where major developments in syria are happening as we speak. these are forces loyal to bashar al-assad the current regime continue a deadly assault on civilians. new reports a syrian general, and dozens of other soldiers defected to turkey within the last 24 hours. in the meantime our greg palkot is getting an exclusive look inside the war torn city of

homs. straight to greg now who is live in damascus. >> reporter: a sign of the rising tensions that we are seeing here the defections. we went up to the city of homs about two hours to the north of where we are right now. it is a hotbed for rebel support and a massive target for the syrian military. take a look at what we saw. you're looking at a country waging war on itself, the center of the city of homs with a population of one milk hit by round after round of artill ra artillery fire coming from the syrian army on the outside of the city. they believe there are pockets of rebel resistance right there. that is one reason why the red cross can't get in there to help the civilians, whys u.n. can't observe what was supposed to be a cease-fire. we also went into another area of city which was pummeled into submission earlier this year by

the syrian military. the rebels were there, london times reporter marie koban was killed there in a syrian attack. now almost no one is there, it is a wrecked deserted ghost town except for a few soldiers looking for rebel snipers. a few blocks away another neighborhood was unscathed. it is loyal to the government of president bashar al-assad. officials told me they are targeting foreign-supported terrorists around-the-clock, and we heard it around-the-clock shelling of these neighborhoods. it's absolutel as absolutely justified. others say it's inch discriminate. they are calling for a halt to the fighting by both sides so civilians can be saved who are caught in the crossfire. jenna: greg palkot thank you. gregg: 1.5 miltons of junk aiming for the pacific coastline of the united states, all that debris from the tsunami in japan taking aim directly at our

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gregg: welcome back. a major controversy underway right now on the west coast as over a million tons of debris washes up on u.s. shores from last year's devastating tsunami in japan. now comes the big showdown over, hey, who is going to pay for this mess? dan springer is live in seattle with the latest. hey, dan. >> reporter: yeah, that's right, gregg. seven pieces of debris have been confirmed as coming from japan so far. many more are suspected as this slow-moving disaster picks up. japanese officials estimate 1.5 million-tons of debris went out to sea.

that is equal to four empire state buildings or 804,000 cars. a ghost ship and soccer ball in alaska. a dock in organ, and last week kayakers found wood from a house. beach cleanup is usually done by volunteer groups. >> we have a fabulous network of oregon citizens who care for their coast and will engage, they will get out here, they'll help us, you know, remove debris. but we need money for the eventual disposal of that debris. >> reporter: the big question, who pays. nohha says the states are pretty much on their own. what does oregon today when a 66-foot dock floats up. they check for radiation and pay the contractor $84,000 to

dismantle and dispose of it. that is more than half the state's beach cleanup budget for two years. an ask seven says that is unacceptable and introduced a bill that would have the federal government pony up $45 million to deal with this global garbage. >> this is an imagine. we would see no different if there was a tornado, a hurricane, an earthquake, a flood, we would be right there assisting. >> reporter: some groups estimate the overall cleanup costs will top $200 million ain't will be a slow $200 million because it will be over three years. gregg: how about the japanese paying for it? it's their stuff, it's their junk. >> reporter: yeah. gregg: all right, dan springer live in seattle. >> reporter: fat chance. gregg: good luck with that one. dan, thanks very much. we'll be right back. [ male announcer ] this is anna, her long day teaching the perfect swing

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jenna: a quick fox news alert for you now. let's take another look at the dow today.

one of our segments we told you about is we're seeing a drop this gas prices nationwide. you may not be feeling it necessarily in your town or city, but nationwide we are seeing a drop, and one of the reasons is that oil prices are lower. when oil prices are lower, energy stocks are lower, too, and one of the things with the market at 150 points is a lot of anxiety te's still out there -- gregg: and bank stocks are down over worries about the european financial crisis because u.s. banks have big exposure to bonds over there, so that's weighing on the financial markets. what did we say, down 157? jenna: everyone has a case of the mondays every now and then. gregg: is that what it is? i'm kind of feeling it too. jenna: maybe we can just challenge it up to that. gregg: we'll be back here tuesday. jenna: we hope so, god willing. gregg, thanks for today and thank you for joining us, everybody. gregg: "america live" begins right now.