>> look at that thing, 20 feet long. >> i saw that, too. it's a ton and it's like 30 feet long. three times the length of michael jordan. >> have a great show. thanks for getting up with us. ainsley, have a great day. "fox & friends" starts right now. >> good morning, everyone. today is monday, already july 2nd. i'm gretchen carlson. thanks so much for spending part of your day with us. they're calling it a land hurricane and more severe storms expected to strike again as thousands suffer under oppressive heat. no electricity. nightmare combination. we're live across the country with the very latest. >> and the bombshell report from behind closed doors with the supreme court chief justice roberts changed his vote on health care. what swayed him and the internal fight that's followed? brian? >> the supreme court says obamacare is a tax but democrats seem to be in denial. >> it's not it's a tax, it's a penalty for free riders.

>> actually it's a tax. wait until you hear who gets hit the hardest. it's not the rich. "fox & friends" starts right now. >> good morning, everyone. hope you had a fantastic weekend. we have eric sitting in today for steve. welcome. >> thank you. good to be here. >> this means you're up so early, you could nod off during "the five" today, are you concerned about that? >> i won't nod off. i'll be here, i'll be there. lot of news today. >> there is. dana perino will be here a little later to tell us what you missed. your ex-teammate. let's bring you up to speed with some headlines for your monday because the same al-qaida terrorist who tried to blow planes out of the sky four times since 2009 hatching another plot now to take down an american jet. according to sources, the branch in the arabian peninsula recruited a norweigian man. he's the one we told you about last week. he was trained at a camp in

yemen. the training specifically targeted an american plane between now and the start of the olympics in london a few weeks away in late july. an american intern working for the associated press in mexico city found dead. his body was discovered in the elevator shaft of an apartment building near where he was staying. it's not known how he died or why he was at that building. the 22-year-old aspiring journalist graduated from grinnell college in iowa just last month. a pilot killed in a helicopter crash in arizona, the c.e.o. of the areba restaurant chain. he was flying to scottsdale when the chopper crashed into a river. the three passengers on board also died. no word on the cause. people living on cape cod may need bigger boats. two great whites spotted right off the coast of cape cod. one of them was measured at 16 feet could weigh as much as 2,000 pounds, the sharks are drawn there because of seals in

the area. there are no planes to close the beaches yet but a close eye is being kept on the waters especially because of the upcoming fourth of july holiday. guys, you know, up in chatham up there there used to be this sandbar that protected one of the beaches there so the sharks couldn't come in. recently, it broke away and it's a whole new problem up in that area. >> some would just tell the seals to go somewhere else and they wouldn't have this problem. >> they're good bait. >> that's true. meanwhile, a new round of severe storms hammered more than a dozen states in the last 24 hours. >> you could see the rain coming through, trees falling, getting lifted off the ground. it's chaotic. >> sounded like my house was about to fall down, like cave down. >> bulldozers and put down a bunch of trees is all i can tell you. >> this on the edge of a brutal heat wave with heat advisories warning posted at about -- in about 16 states today. steve centanni live in riverdale park, maryland.

good morning. >> good morning. this is one of the hardest hit areas from that storm the other day. this large apartment building is now vacant. hundreds of people forced to relocate after the winds tore off part of the roof. the front of this building used to have a big awning. take a look over here, the awning is here. it's the park tanglewood apartments in riverdale park, maryland, hundreds of people out there describe terrifying moments when the roof came ripping off and they had to find their way out with flashlights held by police officers and firemen down the dark hallways, down the stairs because the elevator wasn't working. pieces of the roof came flying over and hit some of these cars. in fact, there are six or seven cars in this parking lot in different areas over here. some other pieces of the roof came flying. we can take a look at one aerial picture that was taken, a still picture that shows the damage on the backside of this building over in that corner where several apartments are now without a roof all together. so these people could be out for weeks, possibly months as the

repairs are finished on this building. one example of widespread damage around here although this is one of the hardest hit areas, washington, d.c. today bracing for a very difficult commute. some offices are closed, others are open. people are going to be going through the streets where streetlights are out and they're going to have to treat those at four way stops so there could be gridlock because hundreds and hundreds of street lights are out at major intersections around the d.c. area. back to you guys. >> weather a real big deal. thanks, steve centanni. let's talk about the health care ruling echoing around the world. we have more background. i haven't seen a time where there's more leaks of more sensitive information. latest coming out of supreme court. >> which is notorious for not having leaks. apparently when the nine justices get together to initially talk about the cases, there's nobody else in the room. that's one way to stop the leaks coming forward. it appears, eric, that chief justice roberts changed his opinion. he was at one point with the four other conservatives on the bench and then in the last month

or so decided to change his opinion. this is all according to cbs news. >> cbs news reporting that he changed his opinion. here's how it works. when the oral arguments go and they were a couple of months ago, they went. after they're done, they polled and petitioned the supreme court and it starts with chief justice roberts and he says this is where i am on this, guys, i'm going this way. the votes went around. months of discussion went back and forth and at the last minute, it appears that would make sense now that chief justice roberts switched from a -- let's kill this law completely to let's uphold it. but here's the problem. by doing so, he found a way for the law to be upheld constitutionally. he actually kind of rewrote it's not what was argued. they stood in front of the supreme court, the obama administration did and said here's what we're arguing, individual mandate up stands based on the commerce clause. at the last minute, roberts found a way to say you know

what? it doesn't stand constitutionally but here's a way it should. that's not what was argued. >> they did argue that. >> it was a major part of the argument, main thing was the commerce clause. but i also thought it was interesting not only was roberts switching votes, he was lobbying kennedy very hard, anthony kennedy very hard to switch so it looked like more of a majority of opinion rather than a 5-4 vote, kennedy didn't budge at all and they stopped talking to each other since early june. >> the big question for me, though and for so many americans is why? why would he switch his vote? you know, if it was in his heart as a justice, as a top guy on this court, if it was in his heart that constitutionally, he felt that he had to change his vote, fine. but if this had anything to do with political correctness, does anyone have a problem with that? i do. >> he had no idea, though, it's one guy's decision, he could have been thinking about it and thinking about it and say well, the more i think about it, the

tax situation is something for me to switch and -- >> it's important, though, to note if the supreme court says this is upheld on the basis of it being a tax, it has to be a tax. so the democrats afterwards, jack lew can't say i know they said tax but it's not really a tax. it's a penalty. no, it's a tax. if it's a tax at the supreme court level. by the way, if it weren't a tax at the supreme court level, it doesn't stand. >> ok. let's take a listen to how they tried to work around the word tax over the weekend in describing -- what the heck is it anyway? >> a tax on the american people. >> no, it's not a tax on the american people. it's a penalty for free riders. but since you're bringing up the subject, it's important to note the middle income families will get about $4,000 in tax credits in order to -- to have their health insurance, to buy their health insurance so middle income families make out very well in this. businesses get tax credits to

provide health insurance for their workers. so what we're saying is those who take responsibility get the protections of this bill. those who want to be free riders have to pay their -- they either have to take responsibility and buy insurance and there are many ways for them to do it or they get a penalty and a penalty, yes, it is charged under the tax code. >> the supreme court said this was constitutional, they said it didn't matter what congress called it. the penalty -- no, wait a minute, sir. >> the 1% that choose not to buy insurance. >> technically what they said is the congress has many powers, there's a commerce clause and taxing powers and it was constitutional. >> george stephanopoulos had the same problem with jack lew. he would not admit it. the decision came out, here's where it stands. you cannot just exize the word tax from the ultimate decision. >> ultimately, this thing would never have passed congress had

they used the word tax back in 2010. it wouldn't have happened. you wouldn't have been able to get as many democrats on board because their own constitutes wouldn't want to be taxed. >> in the middle a deep recession. >> it's about the definition of what the heck is a tax, right? what do you want to call it? that's what this election in part will come down to in november. >> you want to know something else? it's administered through the i.r.s. who collects taxes. everything about this thing is a tax! there are going to be 45 or 5,000 new i.r.s. agents dipping into your financial records finding out if you're covered and if you're not covered by the way, you're going to pay this tax. if you don't pay the tax, nothing happens here. >> why is it so important for the obama administration to make sure they don't call it a tax? because the majority of the burden of this will fall on people that president obama promised he would not tax. this is people under $120,000 a year. 70% to 75% of those who the tax will fall on earn in that income bracket. of course they don't want to

come out and say that now because that would be a campaign promise broken. >> so here is steven moore yesterday on "fox & friends" talking about how this thing will all break down. >> one of the things we found at the "wall street journal", by the way, alisyn, is you remember the president's promise that when he was elected, no one who makes under $200,000 a year would pay a dime more of taxes. well, guess what? we found that about 3/4 of these, whatever you want to call them now, taxes, fines, penalties, about 3/4 of those costs will fall on the backs of families that make less than $120,000 a year. it's a big punch in the stomach to middle-class families. >> that has a lot of governors saying to themselves, do we really want to do this? part of making ends meet and giving everybody 100% medical care is having the states expand medicaid to include more people. for the first few years, the federal government will be handing the state some money and saying pay out all these people and then the money will go away and that's not alluded governor

rick scott and not alluded governor walker or governor bobby jindal who have said we're going to listen to the court and not going to expand medicaid because in that decision, when everybody was focused on obamacare live or die, it said you cannot punish states for not taking extra medicaid money. as of now, governor rick scott among even governor rick perry will say we're not taking more money. >> because i think the medicaid expenses for governor rick scott in florida have gone up 3 1/2 times what they were in the last couple of years so if you look down the pike into the future, you can't pay for it. if you're not going to get the federal funding past the couple of years. >> and a bunch of republican governors are saying we're going to defy not only the expansion of medicaid but also the exchanges. the exchanges are important because allegedly that's what was going to keep health care costs, health care insurance premiums down. there's nothing indicating that health care premiums are going to go down based on the passage or upholding the affordable care

act law. there's nothing in it that makes it cheaper. nancy pelosi was somehow trying to say that it's going to cost families less. there's going to be -- >> everything is free. >> everything is free. where is the money coming from? you can't insure 30 million more people and can't say we're giving tax credits to businesses and helping out the middle-class families without someone paying for it. someone has to pay and it's kind of lost in this discussion. >> they were smart coming up with the title, "affordable." meantime, coming up on "fox & friends", comedian jon stewart loves mocking mitt romney for just how rich he is. >> how in the world do you mitt romney justify making more than in one day than the median american family does in a year while paying an effective tax rate at the guy that has to scan your shoes at the airport? >> turns out, though, jon stewart is also really rich. so some people are asking hypocrisy? >> and remember this, even too close to call for a photo finish so what's it going to be? a coin toss to decide who is heading to the olympics?

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>> the obama administration trying to get the message out that if the health care mandate is not a tax, no matter what the supreme court says. >> what is in the law is a penalty. it starts by saying all

americans have a right to health insurance. for americans who buy health insurance or who can't afford it and get it through a government program, there is no penalty. >> but with so many opponents calling the white house's bluff now, will that strategy continue to work as we move towards the election? let's ask our washington insiders today, democratic political strategist margie o'meara and political policy advisor michael barnes. good morning to both of you. margie, i'll give you the first crack. supreme court called it a tax. all the presidents, men and women over the weekend called it everything other than a tax. what is it? >> well, it's a penalty for free riders and i think it's important to remember that this affects 1% to 2% of the population and what the american people want now that it's passed congress and the president signed it, it's been found constitutional by the supreme court, the american people want to hear again what's in the bill and move forward and move on. >> why wouldn't you just call it a tax? >> well, it's a penalty for free riders that --

>> wait a minute, that's the company line. obviously, that company line has come out. penalties for free riders. >> i'll give you mitt romney's line. i like mandates. that's his line from his last -- from when he was governor, from when he really inspired this program and he spearheaded a program just like this in massachusetts and this was, you know, he supported it before he was against it. barack obama didn't support this in 2008 but mitt romney did and this was something he was really proud of and he said i like mandates and so now, you have republicans again fighting for the 1% where they're fighting for the 1% free riders to not have this penalty instead was over 100 million americans that have pre-existing conditions. >> i have to get michael in here. >> yes, you do. please. >> how do you respond to margie? >> this dishonesty is so frustrating. there's 18 taxes in obamacare that will hit every american. when you give away something, you have to take more. in addition to the taxes that we know about, there's 17 trillion,

that's t-r, trillion worth of unfunded promises in obamakar c. that means they've promised to give away this stuff but it doesn't know how to pay for it. it will call on us and our children and grandchildren to pay for it. we can't afford the entitlement programs that we already have. >> margie, i want you to listen to president obama because this was when he was against the penalty before he was for it. before he was president. listen to this. >> hillary clinton is attacking. what is she not telling you about her health care plan? it forces everybody to buy insurance even if you can't afford it and you pay a penalty if you don't. barack obama believes it's not that people don't want health care. it's that they can't afford it. that's why the obama plan reduces costs more than hers saving $2500 for the typical family. for health care we can afford, vote for change we can believe in. >> i'm barack obama and i approved this message. >> do you agree, margie, that he's changed his view on liking

this penalty, then? >> yeah, absolutely. i mean, he's the first to admit it. certainly, you know, once now in the weeds and trying to figure out how to get the bill passed and what makes sense, who would actually help pay for it. you realize having the top 1% free rider pay this penalty is the way to get health care to everybody. >> isn't a free rider -- >> i'm trying to get -- >> that's what mitt romney figured out. >> i'm trying to get the definition of free rider, michael, is a free rider somebody who up until now has -- who is maybe young and healthy and chosen not to buy health insurance and we're calling that person a free rider? >> yeah, this bill basically takes away choice from the people who, for example, wanted to have insurance as a catastrophic coverage. this obamacare requires that all insurance coverage includes things that many people don't need like addiction care or like the -- why would i need the treatment for bariatric surgery

to have my stomach stapled if i don't have to deal with problems like obesity. these are in every single plan that are americans are having to buy. it's not just telling us that we're going to have to buy something. it's what we have to buy, taking away consumer choice. >> i'll take it away right here, we're out of time. back with more "fox & friends" and jon stewart. hi. we're spreading the word about new honey bunches of oats fruit blends and their unique taste combinations. like peach/raspberry. with one flavor in the granola bunch and one on the flake. two flavors. in harmony. honey bunches of oats. ke your day hes better. ♪ ♪ ♪

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>> 24 minutes after the top of the hour. couple quick headlines for you now. an airplane crashes while fighting a wildfire. the hercules like this one went down while battling the white draw fire and the flames burning 4200 acres. crews rescued three people from the wreckage. there's a runoff today to decide who goes to the olympics after this amazing photo finish. geneva tarmo and allison felix

couldn't get any closer for third place. they're deciding it on the track instead of a coin flip. wow. guys? >> i knew that. ahead of time. comedian jon stewart never misses an opportunity to make fun of mitt romney and how rich he is. >> how in the world do you, mitt romney, justify making more in one day than the median american family makes in a year while paying an effective tax rate to the guy who has to scan your shoes at the airport! >> what if we told you that jon stewart's multimillion dollar salary puts him right up there at mitt romney's level if you include his investments and when it comes to taxes, stewart has some trips up his sleeve. >> here to explain, senior editor for "the daily caller" jamie weinstein. what do you mean tricks up his sleeve? >> we at the daily caller thought that jon stewart should deserve some public scrutiny. he's a political figure and in full disclosure, i watch jon stewart. i watch him every night and think he's very funny.

just because you're a comedian doesn't mean you can avoid scrutiny like everybody else. we look into his record and while he, as you just showed, he decried mitt romney for making $57,000 a day, he himself, according to estimates, makes $41,000 a day. so not too much of a difference between him and mitt romney on that level. but in fairness, of course, he was talking that mitt romney makes this amount but supports -- doesn't support the buffet rule. but i think the real interesting question is how jon stewart feels on income inequality and how he actually treats the staff. >> right, here is jon stewart in 2000. when larry king had his show at night. here's what he asked jon and here's how he answered. >> most people can't hide their political views. >> i think you're a democrat, jon. >> i think that's probably correct. i'd say i'm more of a socialist or independent. yeah, no one would ever, i think, watching our show think that guy is leaning so far -- >> but you would knock the democrats. >> oh, sure. >> so i mean, that's where he

leans but he also has a series of investments, too, he's on route, according to your stats to making more than mitt romney by the time he's 65. being worth over $300 million as opposed to romney's $250 . >> he would be more than mitt romney. the most interesting point is stewart rails against income inequality and how c.e.o.'s on wall street make 300 times the average worker. the same thing with stewart. stewart makes 300 times the median household american income. if he was really, really concerned about this problem, he could take his estimated $15 million in salary and say look, you know, i don't want this $15 million. i don't want to contribute to income inequality. let me distribute it, share the wealth around my staff to reduce that income inequality but as far as i know, he doesn't do that. >> isn't that what a good admitted socialist should do, take some of the salary and distribute it around his staff?

i mean, i think if brian or i were making $15 million, joel would get a piece of that. >> look at this, steve carell used to work for him and now he doesn't have a steady job. he has to go from movie to movie. steven colbert could spread it around to some of those people that came and went in his life. >> no, i mean, i actually think on a larger scale here, i think this is the greatest hypocrisy if there's anything in this story, both vote with stewart and hollywood liberals generally and they often decry the great disparity in income between the average worker and c.e.o.'s but they themselves make 300 times the average american worker and i don't see them trying to share the wealth with those who help in their movies or help on their staffs to reduce income inequality on the local level where they can help. >> so you watch jon stewart every night and now we can be assured, jamie, you'll be on jon stewart sometime this week. >> i'll look forward to getting mocked myself. >> while many of you are out of work, the white house is stahang

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>> waited so long to find out what happened on friday afternoon. you know, we do the show -- >> we haven't had any money in a long time. >> you got my ipod. >> does he know? >> two tickets to paradise? who doesn't want that? anyway, there's a big document dump on friday afternoon and it came from the white house and they were releasing the salaries of the staff there and how many people are employed. and even though we're in somewhat of an economic downturn, it looks like the number of employees increased over the last year at the white house. here's a little graph to help explain that. >> from 454 to 468 in terms of overall salaries, the payroll was $37 million and now it's gone up to close to $38 million in a year in which everyone is cutting back. >> it's amazing. president obama is creating jobs all over the place. he created 14 jobs last year. >> that's fantastic. >> the white house adding more staff there. let's do a couple of quick headlines for your monday in a few hours, protesters will descend on the white house to

demand president obama and attorney general eric holder be held accountable for the botched fast & furious operation. house speaker john boehner saying the house will likely sue for access to more documents. >> the only facts that we've received about this entire fast whistle blowers and others associated with it. we got no information that helped in our investigation from the justice department at any point in this investigation. the american people deserve the truth. >> last week, the house voted to hold holder in contempt of congress. >> all right, in colorado, we're getting an up-close look at the damage caused by the massive waldo canyon fire. some of the 34,000 people forced out of their homes in colorado springs are now getting a chance to return but there's not much left. >> oh, my god! i wouldn't believe this if i didn't see it. >> that's my basement.

that's a drier it looks like. refrigerator fell through the ceiling. >> that was bobby finch whose entire home burned to the ground, as you see. he says he plans to rebuild. >> and the united nations now trying to tell the united states how to handle illegal immigrants. the human rights office says illegal immigrants should be free from arrest or detention. he goes on to say we should "protect illegal immigrants." gretch? >> a home in the hamptons scrapped mid construction because it was built in the wrong spot? the couple came home from a trip and saw the home was built too far away from the curb leaving no room for a pool or backyard. this is what it looks like now after construction workers tore down the entire house and started rebuilding and the mistake could cost up to $150,000 and take six extra weeks.

oops! >> no room for the pool. >> all right, brian, tell us what's going on on the soccer field yesterday. >> i'll tell you what, it was a wonderful tribute that ainsley and dave briggs had at the end of the weekend show as they wore their jerseys and got into euro 2012. italy and spain played in the runner-up round and tied 1-1. when the finals came up, everybody thought it would be too close to call. spain showed up to display. they always walk in with a kid and hopefully that kid grows up to do something special. watch the cross and watch the header into the back of the net. 1-0. spain would go up 2-0 at half and watch this one more time. italy would fail to notch a single goal. final goal is 4-0. spain is going down as one of the greatest national teams of all time. one of the few teams to beat in the u.s. in 2009. tiger woods is really good and won his third tournament in 2012. this one is the at&t national. he would walk away with the title.

he would bogey his last three holes and tiger would walk away with the title. puts him ahead of jack nicklaus that joel says was a good golfer. i haven't seen him in a while and eight shy of sam sneed's record. that's when five people were playing. 21-year-old son of michael jordan arrested after a hotel disturbance in omaha. marcus jordan, 21 years old now charged with resisting arrest, disorderly conduct, and obstructing officers. police say he was drunk and arguing. two women were there, marcus jordan is a senior guard at central florida trying to decide what he's going to do next year. he's got some offer to play overseas. supposed to go to summer school and so far isn't. you want more? keeping score, it goes up at about 12:30 eastern time this afternoon. i'll talk about three things that matter a lot to hopefully everybody. >> see now, your ears should have been burning yesterday because my 7-year-old can't get enough of watching all this soccer. >> did he watch it on television? that's incredible. >> every time he gets so excited with the goals and he said to me

at one point, he said mommy, you realize that spain has a really good team and they were ahead 4-0 at that point. yes. >> unemployment is at 24% but the team is really good. >> i was trying to get him to go out to the pool. it's a great day. no, i'm watching soccer. >> and you were watching baseball. >> we had that on the other tv going yep, it was an all sports fest going on. >> couldn't find the soccer channel. >> it was amazing, espn is so hard to find on your dial. takes forever! >> all right. well, talk about a pretty powerful thunderstorms, look at all this damage. this is sandusky, ohio, huge trees crushing homes and cars late last night. wjw reporter stacy frey joins us live on the ground there. good morning, stacy. >> good morning. we're in sandusky which is one of the hardest hit areas from those storms on sunday. nowhere near the kind of damage that they were dealing with in other parts of this state. at the beginning of the weekend on friday. that's why we have a disaster declaration in the state as well

as from the federal government because it was about a million customers without power from those storms that went through on friday. but again on sunday, we got hit and lots of trees and power lines down. thousands of people without power again here in the sandusky area. as of this morning, only a handful left without electricity and hopefully they're going to get that back up and running soon because we've been dealing with the massive heat wave here. several days of 90 degree temperatures. three or four days in a row and we're back in it again today so obviously, everybody would love to have their power back on but then they have to start assessing the damage, a lot of tree or streets were cut off from all the trees and the limbs that were down and people say this just came up fast. it was furious. it was harrowing. a lot of people telling us stories of the near misses that they had as all those trees came crashing down but really no injuries here to discuss in the sandusky area and that is, of course, the good news here as this heat kicks up again today and over the next couple of days, everybody here hoping we're not going to see these storms fire up again as well.

>> all right, thanks so much for that update, stacy in ohio today. >> all right. lie about your military service? no problem. that's free speech. but our next guest served in iraq, served in afghanistan and said that is not right. he'll explain. >> then, love that morning cup of coffee? have another. a new study says it's ok. next. [ male announcer ] at scottrade,

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but when it's hard or hurts to go to the bathroom, there's dulcolax stool softener. dulcolax stool softener doesn't make you go, it just makes it easier to go. dulcolax stool softener. make yourself comfortable. >> some quick headlines. former president george w. bush and first lady laura bush starting off the second day in zambia at church. they went right to work after the service painting the inside of the health center they're

renovating, the center will diagnose and treat women for cervical cancer and coffee to fight skin cancer? a study by researchers at brigham and women's hospital found out of 113,000 people, those who drank three or more cups a day had a 20% lower risk of the most common type of skin cancer. they believe that caffeine might kill off damaged skin cells. brian? >> all right, lie about being a police officer? you probably are going to go to jail. but lie about being a soldier? and the supreme court says that's ok. that's just free speech. so what about the soldiers who fight for our country think about that? joining is one of those guys who serves in the u.s. army national guard. so pete, it's ok for people to say i was in the army. i had two or three tours. i missed a few i.e.d.'s by a millimeter and that's now ok, correct? >> well, it's never ok and you talk to any vet across the board and when they hear someone misrepresenting their service,

it's infuriating and gets me fired up inside but i'm a free speech guy. that's what i fought for. that's what we fought for is for people to blab their mouths so i know there was a supreme court decision recently which -- vs. alvarez and it was just too broad. it struck down every single form of misrepresentation so we need to go back to the books and write a new law that makes it illegal if someone material benefits but it's terrible but you can't shut it all down. >> you would like to see a law that prevents me from going around giving speeches as if i fought in war and making money off it but you think it's too broad because you're worried about other people getting caught up in this net. >> yeah, i mean, content based restrictions in the constitution require a very high bar and we don't want lists of subjects that you can't talk about privately or publicly. as much as it's terribly to misrepresent service, that could become one of them so of course, i want limitations on financial gain and senator scott brown

from massachusetts are co-authoring legislation that would make it illegal to financially benefit or benefit from misrepresentation but there's only so far you can go in shutting down the whiskers that going on around bars across america of people claiming what they did. we'll need straight up shame saying hey, and that requires, you know, shining the light of whether or not they've served or not which is difficult. but you've got to do what you can. >> some of the more famous cases, the one you just mentioned, xavier alvarez, we have him and we have senator richard blumenthal who blew his chances of becoming the next senator when he talked about that and david poe who was on "america's got talent" when he talked about his injuries that he got in war. society has to reign people in, not the law. >> do it right. it matter. valor matters, whether or not it's true matters and you know what? for every one of those public examples, there's hundreds and hundreds of private examples

that, you know, alvarez was a three rivers district board -- water board meeting, you know, this is happening in different boards across the country, different places. we have to shut it down but we have to do it right in narrow fashion and protect the speech that guys and gals went over to fight for. >> that's all true and you're saying the symbolism but you see a difference between someone pretending to be a cop and saying i'm a policeman as opposed to someone saying i fought in the war. >> well, i don't see much difference but i know there's an immediate difference of whether or not that cop is going to help someone and a misrepresentation of the law vs. misrepresentation of veteran status but hey, those are shades of gray as i saw last week which i don't like to see and we got to protect veterans in every way we can. >> all right, pete, thanks so much for joining us with vets for freedom and he joins us every monday. thanks, pete. all right, 13 minutes before the top of the hour. democrats trying to defend their health care mandate says the supreme court got it all wrong. it's not really a tax. can they really sell that

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>> democrats taking to the air waves this weekend to defend their health care mandate trying to debunk the supreme court ruling calling it a tax. >> meantime, republicans are moving quick to try to repeal the bill. >> the first step we need to take was to get rid of what's there, this job killing proposal that has all of these cuts to existing health care providers. secondly, we need to go step by step to replace it with more

modest reforms. there will not be a 2700 page republican alternative. >> so if the bill is so unpopular, why are democrats still defending it? joining us now, congressman from kentucky, the only leader of kentucky's leadership to vote yes in 2010. very brave of you, congressman. >> not really. i think it was the right thing to do for the american people and particularly for my constituents. so i'm very comfortable with the vote. >> and so you still feel that way today even though it's been deemed by the supreme court as a tax on middle class americans. exactly what the supreme court said. the supreme court said that for constitutional -- constitutionality purposes, the shared responsibility payment could be justified under the taxing authority. in another section of the same decision, it said that same payment was not a tax when considered as to an issue that involved when that law could be challenged. so the one section it said it was a tax and another one it said it wasn't a tax. and in another section, it said

it could be justified under the taxing authority. i don't think the american people think something that affects 1% to 2% of the population, that's not what they consider a tax. >> but congressman, the supreme court did, in fact, call it unconstitutional, the affordable care law, if it were considered under the commerce clause so they said if you move it out of the commerce clause and call it a tax, it's constitutional. so how in the world can you not call it a tax? it sounds like a tax, quacks like a tax, it's a tax! >> well, if you -- if you don't pay your taxes, or you underpay your taxes, you're hit with a penalty. that penalty is not a tax, it's a penalty but that's justified under the taxing authority as well. semantics are kind of irrelevant. the fact is this is going to be a -- >> no, congressman -- >> i disagree with you whole heartedly. i think the semantics are exactly what got this law passed. semantics calling it a tax, not a commerce clause mandate.

>> i mean, the decision is clear. you can justify the shared responsibility payment under the taxing authority. the law -- the decision never called it a tax. >> well, it -- >> that's literally what justice roberts did. he didn't call it a tax. >> let's be honest, though, this would have never passed if members of congress would have called it a tax back in 2010. here's my question for you, you remember the fury of the american people that went to all those town hall meetings back when health care was originally being debated and that was before the midterm election. is this a great thing now for democrats moving into the presidential election? do you supposed we're going to have a bunch of town hall meetings again to explain whether or not it's a tax? >> no, i'm sure what you're going to see, though, is tens of millions of dollars trying to misrepresent what is in the law and, you know, i heard my colleague and my senator, mitch mcconnell talking about a 2700 page law, i'm sure he hasn't read it and i hope that during the discussions that go on for the next few months, people do get a chance to read the law.

particularly the proponents particularly so they won't mislead their constituents. >> many of us did, we were astounded by the misrepresentations coming from those who hadn't read it. >> can i point something out? in the law, aside from the mandate, the penalty or tax, whatever you want to call it. aside from that, in the law, there's some $675 billion of new taxes. taxes. there are no question about what they're called. those are taxes. have you read the law? have you seen the 21 new taxes that are in the law? >> there are a lot of taxes. the primary tax that was increased was extending the medicare tax to income that was previously untaxed such as dividend income, capital gains and again, other unearned income for people making over $2250,00. that's the lion's share of the new taxing authority under the affordable care act.

>> you would admit those are new taxes, though. >> they are -- they're increased taxes, yes, absolutely. >> fair enough. fair enough. >> we'll have to see how it all pans out. >> falling not on middle class americans, only on people making over $250,000. >> we're out of time, but a lot of taxes do like health savings accounts and things like that that are going to go away under this new law. we have to wrap it up, though. congressman, democrat from kentucky, thanks so much. >> sure. >> all right. so we'll talk about big brother coming up. try big parents as well? more moms and dads getting tech savvy to spy on their kids. it's a really controversial topic. does it actually work and is it a good thing? that's coming up. >> you have questions for governor chris christie. be careful. watch this. >> did i stay on topic? are you stupid? on topic. on topic. next question. >> good. thank you. thank you. thank you all very much. and i'm sorry for the idiot over there. take care. >> all right.

we will stay on topic. we'll see what set him off at the top of the hour.

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>> good morning, everyone. today is monday, july 2, 2012. i'm gretchen carlson. thanks for sharing your time with us today. it was a one-two punch. more severe storms expected to strike again today. this as millions are suffering under oppressive heat and they have no electricity. it's a nightmare combination. we have a live report moments away. >> all right. the supreme court says the health care mandate can be considered a tax but democrats don't buy it. they seem to be somewhat in denial. watch nancy pelosi almost say it. >> there's no tax, it's a penalty for free riders. >> oh, really? actually, it is a tax. and wait until you hear who gets hit the hardest. it's not the rich! >> i almost did it. >> he almost had me. >> i did. then the tomkat divorce going

from bad to bizarre. allegations of scientology spying and katie holmes kept a prisoner? what? "fox & friends" starts right now. >> you almost had me! >> premature toss. >> woo-hoo! p.t. good morning. eric is sitting in for steve today. >> they have medication for that. >> really? >> we'll get a toss from what we call the cold open which is that introduction you see where the three of us are supposed to read. brian almost just lopped off eric. >> it almost happened. it would have been the first time. would the control room follow me or do the right thing and wait for you to read. >> the question is was it freudan? >> what do you mean? nothing. >> who is freud? a psychiatrist? >> yeah, we have to call in dr.

ablow for you to lay down. let's talk about the storms over the weekend. it's a mess in several different states. washington, d.c., downed trees and power lines creating a headache for the morning rush hour and meantime, some people stocking up on ice as they face another brutal day without power in 100 degree heat. steve centanni live for us in maryland. good morning to you, steve. >> i was looking for ice yesterday. i couldn't find any. the stores were all out. we're here because this apartment building was hit hard friday night when the hurricane force wind came tearing through. part of the roof on the backside over there was torn off and that's not the worst of it. the worst of it is those pieces of the roof, that debris came flying down here. take a look at one of the cars in the parking lot. some timber came smashing down through the windshield totally obliterating the front of this car and popping the doors off the side. that's not all. we have hundreds of people out of their homes in this building

today. so the power is out to the whole area. you see some of the power lines here were impacted when debris from the roof came down, damaged some cars and knocked down this power line. the awning from the front of the building was knocked off. it landed over here in the parking lot and you can see the park tanglewood sign in that tangle of rubble in the parking lot. so this is just one example of the terrible damage from that storm for which authorities had no warning and people were caught by surprise. the residents here describe terrifying moments when the roof came flying off and they had to find their way in the dark down the stairs because the elevator wasn't working to safety and they didn't have time to grab very many things. the commute around here is going to be terrible. on monday morning in washington, d.c. because so many traffic lights are out, there could be gridlock and power is out to at least half a million people right here in this area, many more in several states that were hard hit by this big storm friday night. back to you guys. >> all right, steve, thanks very much for that update. we have some other stories now

to get to. the same al-qaida terrorists who tried to blow planes out of the sky four times since 2009 hatching another disturbing plot to take down an american jet. intelligence sources say the terror group's branch in the arabian peninsula recruited a norweigian man for this plot and he's the one we told you about last week. he was trained at a camp in yemen, the training to specifically target a u.s. plane between now and the start of the olympics in london. which starts in just a few weeks, in late july. an american intern working for the associated press in mexico city has been found dead. armando montogno's body found in an elevator shaft in an apartment near where he was staying. no idea how he died or why he was at that building. he graduated from grinell college in iowa last month. a modified air force plane crashes while fighting a wildfire in south dakota. the ac-130 hercules like this one went down in the southwest corner of the state while battling the white draw fire. the flames burning some 4200

acres. crews rescued three people from the wreckage and brought them from the hospital. no word at this time on their condition. new jersey governor chris christie not holding back when a reporter asks him about a special joint session of the state legislature. this is after the governor said he would only take questions about a water main break. did i say on topic? are you stupid? on topic much on topic. next question. good. thank you. thank you all very much and i'm sorry for the idiot over there. take care. >> oh, my gosh! the reporter tried again but as you saw, christie blew him off and walked away. those are your headlines. >> right. >> the idiot! what do you think about that? do you like that in a politician? do you like somebody who speaks their mind like that all the time or is it over the line? let us know what you think. >> i don't know what that does for his prospects of being number two in the ticket. >> i was thinking the right

thing. >> i think it fits with the profile that you get, if you get governor christie. >> yeah, but does he overshadow the number one guy which could be problematic. >> they say the number one guy may need a little of that so what -- not a bad match. a litt a little dark with a little vanilla. >> i think mitt romney is one of these guys that does not need -- does not feel -- is not worried about being overshadowed. many other candidates would. i don't think it would bother mitt romney. >> all right. we'll probably find out at the convention which we will be at who the number two pick will be on both sides of the fence. in the meantime, stories still coming out about this whole supreme court decision on health care and now a report put out by cbs news says that chief justice john roberts actually switched his vote in the health care case so originally he was on board with the other four conservatives on the bench and apparently in the last month he decided to switch his vote for whatever reason to actually be singular in his decision and call this a tax. and rule it out as part of the

commerce clause. >> it turns out that he then spent a lot of his time trying to win over anthony kennedy and get him on his side so make it more of a 4-4 plus one decision and in the end, anthony kennedy ended up teaming up with the other four and try to convince john roberts to switch back and it got so contentious towards the end, they weren't even speaking after the first week in june until the decision was written up and they say -- court watchers say this is highly unusual that the four conservative judges, so-called conservative judges joined forces and crafted a highly unusual, unsigned joint dissent expressing their anger about the way justice roberts went. >> and a lot of people are talking about, you know, what would cause justice roberts to make the switch? some speculated the judicial statesmanship saying, you know, judge roberts doesn't like when it's -- when the decisions are split down party lines. he wanted to go the other way, he would still stay in the majority and still write the opinion. others say because he switched and was able to write the opinion on upholding obamacare, he could actually tone it down a

little bit. there are so many people out there who are saying you don't see the liberal judges going across the aisle voting for things that are brought up by conservative, you know, laws that are brought up by conservatives but you always have to worry about these. now you have to worry about two. in the past, there was kennedy you have to worry about as a swing judge and the -- >> you want to know my theory? >> yes and then i'll launch into my problem. >> unless mine is so good that they come back with reports. here it is. i think he thought anthony kennedy was going to be going -- siding with the other side, siding with the liberal judges and he thought i could just side, make it 5-4 and write the dissent when he realized that anthony kennedy was going to go conservative, he said, i, perhaps, have to jump on the other side. >> but is that the job of the chief justice? is that the job of any justice who sits on the supreme court to have politics play into this. so that you keep up a certain sort of reputation of the court as opposed to what you actually feel is the correct decision. that's what i personally have a problem with. maybe legal scholars would say,

yes, as the chief justice, it's his role to make it not look like a partisan court. is it, though? or should he rule about this independently and forget what the other people think on the court and do what he thinks personally? >> there are constitutional scholars who say, no, individual laws are argued. do you bring them up and decide on the law? forget what the court is or the vote is. if it's 5-4, 6-3, forget that vote on the law and the concern is that chief justice roberts switched for what you say, for reasons that make the court look fair and, you know, unbiassed and then it's probably a bad ruling. >> right. >> bottom line is the only reason he ruled the way he ruled is because he looked at the arguments and the only thing i'll buy is the fact that the constitution does allow for congress to raise taxes in order to support a program. in this case, a law so therefore, it is constitutional. i'm not saying i love the law that john roberts went on to

write. i'm not talking about the wisdom of the law. i'm saying it is a law. we do agree on this, that the commerce clause does not make the -- is not constitutional, raising taxes is something they can do. so you would admit democrats get the victory but they have to admit for the first time that indeed, this would actually raise taxes. so you would think that the democrats would admit to that this weekend. >> nope, it's all how you define those words and whether or not it's a penalty or a tax. listen to this. >> tax on the american people. >> no, it's not a tax on the american people. it's a penalty for free riders but since you're bringing up the subject, it's important to note that the middle income families will get about $4,000 in tax credits in order to -- to have their health their health insurance so middle income families make out very well in this. businesses get tax credits to provide health insurance for their workers. so what we're saying is those who take responsibility get the

benefits -- the protections of this bill, those who want to be free riders have to pay their -- they either have to take responsibility and buy insurance and there are many ways for them to do it or they get -- they get a penalty and the penalty, yes, it is charged under the tax code. >> the supreme court said this was constitutional. they said it didn't matter what congress called it. the penalty -- >> no -- >> 1%. >> wait a minute, sir. >> 1% that choose not to buy insurance. >> they call it a tax. >> actually, technically what they said is the congress has many powers and there's a commerce clause, there's taxing powers and it was constitutional. >> all right. so what is it? you can tell at the talking points that went out all the democrats that were going to be on the talk shows over sunday were make sure you say free riders. meaning people who maybe many of them who were just healthy and young and don't want to buy health insurance. they only want to buy catastrophic care. those are the free riders. >> we just ran the soundbite of nancy pelosi almost saying tax

but in fact, she did say tax. she said under this new law, there's a $4,000 tax credit to middle-income families. there's a business tax credit so on one side, if it's a tax credit, guess what? speaker, former speaker pelosi, it's got to be a tax. the law is a tax. you can't say it's a tax credit when money goes this way but when money goes that wa it's not a tax. it's a penalty. >> those are two of the buzz words. any time something would be brought up or republicans are having a problem with it, they bring up mass care, mitt romney and they also talk about a situation where the reason why it's unpopular is because the republicans will spend $200 million to run down this rule. when in reality, social security when it passed was at 70% approval rating and so did medicare when those two major programs were passed. this has never been popular ever. >> it's still 49% of the country and the most recent poll who was against the affordable care act. here's what you think about this today and e-mails from mary, gone to several different stores in several different states. i have never paid a tax on any

items on any items i did not purchase. >> very good point. >> let me get this straight. a healthy u.s. citizen who won't buy health insurance is now called a free rider but an undocumented illegal alien who is exempt from the penalty tax of obamacare and can go anywhere, to any e.r. in all 50 states is now called a dreamer. that's from sam. and inl he tweeted -- i believe he tweeted it. >> don't mess with this dad. >> thou shall better have a life. you see my wife and i worked our butts off to provide a good living for you kids. you better have a life, spanky. >> don't miss more of his commandments to date his daughter. >> the president said he wanted to fundamentally transform the united states of america. the supreme court's decision to uphold obamacare did just that but not for the better. he's here next. bust to move, why don't you? come on. with the spark miles card from capital one,

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>> we are five days away from fundamentally transforming the united states of america!

>> he wasn't kidding. >> that was the president's promise in 2008 and some say the supreme court's support of obamacare is first step in fundamentally america into more of a socialist country. >> stuart varney is here. you said it. you said it, he did it. >> the f word, uh-oh. >> in america, you call somebody a socialist, and those are fighting words and that really means something. if you're asking me, is president obama a socialist? i would respond by saying i think he is a european style socialist. i think he wants to transfer wealth and create -- you're laughing. >> i'm trying to figure out what's the difference. socialist, no? >> it's kind of softer, isn't it? a little softer. >> because they have an accent? it's easier to swallow. >> the president has succeeded in transforming america from a vigorous dynamic growth oriented private enterprise society into an entitlement society. i think obamacare is the classic

example. under obamacare, everybody is taxed so you can squeeze up the cost structure for private enterprise so they squeeze people out into the public sector. it's an excuse to get people into public health care. and it succeeded. >> the same thing we did with social security and medicare to a degree or is this just another phase with a different president? >> i think the whole country has moved sharply to the left in the last 3 1/2 years and become an entitlement society whether it's medicaid, health care, food stamps, you name it. we've moved to the left. >> and we're getting soft. >> but it is deliberate. that's the point here. it is deliberate. the president said a few days before the election in 2008, i want to fundamentally transform america. and he has done it. no question about it in my mind. >> ok, stuart, take a listen to president obama in 2007 speaking to some union members. maybe this was a little tip of the hand. >> ok. >> my commitment is to make sure we have universal health care for all americans by the

end of my first term as president. i would hope that we can set up a system that allows those who can go through their employer to access a federal system or a state pool of some sort. but i don't think we're going to be able to eliminate employer coverage immediately. there's going to be potentially some transition process. i can envision a decade out or 15 years out or 20 years out. >> that's the key phrase, isn't it? we can't eliminate employer coverage immediately. steppingstones towards that goal. that is socialized medicine and that's the president's goal down the road. >> this morning, i was reading some statistics that 79% of all people with health insurance get it through their employer. that would be a humongous change. >> obamacare raises the cost of providing health care by private sector employers so they squeeze people out and push them off. >> can't afford it. >> and we will go bankrupt with obamacare. as a country, that's where we're

going. >> the thing is he didn't do it by himself. he did it with big farmer coming in. the health insurance came in and they all came in and played the part and they allowed themselves to be swayed and now they're all complaining. i have no sympathy for any of them. >> wait a second, there's a lot of bribes within obamacare, the health insurers were bribed. you will get all of these millions of extra people to cover if you go along with obamacare and we'll do all kinds of things for you but go along with it. lot of bribes involved. >> and waivers, that's huge. >> important part. >> thank you. >> thank you very much indeed. we'll be watching you on the fox business network. kicks off at 9:20 a.m. the occupy wall street protesters gearing up now for a major comeback disrupting fourth of july celebrations at our nation's birthplace? we'll tell you about that. >> and then forget big brother, try big parents. more moms and dads getting tech savvy to spy on their children. how does it actually work? is it a good idea? let's ask the kids! [ kate ] most women may not be properly absorbing

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>> hey, now your news by the numbers. first 1500. that's how many demonstrators will be occupying the cradle of liberty come the fourth of july. they started moving in on philadelphia over the weekend camping out at independence hall. more than 150 military men and women were honored during a "tribute to the troops" at turner field in atlanta. the special event was hosted by fox sports and the atlanta braves. finally $54.1 million. that's how much "ted" the talking teddy bear pulled in at the box office this weekend.

it beat the stripper movie by about $10 million. gretch? >> there's a new movie called "brave" that was really good. >> that was fourth. >> thank you, brian. forget big brother. nowadays, it's more like big parents. more moms and dads are getting tech savvy to spy on their kids. >> reading every text and watching their every move, sometimes with g.p. s., lori andrews is a lawyer and author of "i know who you are and i saw what you did." i'm reading this and it looks like -- the research looks like it's important to know what your kids are doing on line and everywhere else but to keep their trust. how do you keep their trust and still know what they're doing? >> it's a tough call because many times parents haven't provided the people skills to children by just monitoring them as opposed to talking to them. and it's often too late by the time you see something on line, a british study of 1,000 families found that it didn't

decrease the risk if you are constantly monitoring them. i think parents getting into this have to think first, what am i going to do? there's a program that tells you whether another child has posted something insulting on your child's social network page. are you going to go after that kid? what about if a stranger contacts your child? are you going to call the police? in some states, it's actually a violation of privacy laws and wiretap laws for parents to install this because you get information about third parties who aren't your children, maybe an aunt or a teacher. >> never even thought about that, lori. let's take a look at some of the spyware that's out there for parents. you know kids.com. facebook and text sends parents alerts for inappropriate language and some tells what your children is tweeting, text photos, tagged in, also translates teen slang. i mean, there are so many parents out there who have no idea what is going on because their kids know more information than they do when it comes to technology. and kids are actually able to

kind of fool parents even around these programs, right? >> oh, sure! they say things like p.a.w., parents are watching and their friends will say things in code. i mean, think about it. it's like world war ii spyware going on. sometimes parents do real-time monitoring of facebook pages so what the kids do is they shut down their facebook page during the night and make it appear they don't exist at all and put it up when their parents go to bed. there are many ways. some create false identities so it really isn't the best way to catch up and yet, we do want to protect our children from meeting up with strangers. about 1 in 10 teens have said they have had a physical face-to-face meeting with someone they just met on the web. there have been a number of sexual assaults that way. 20% of teens have posted nude photos of themselves. >> it's scary, lori. it's scary! >> about half give away private information. >> i have a 13-year-old that is going to be a 14-year-old going into high school. i tell him, it's tough love,

buddy. no, i want to know who you're interacting with. i watch and maybe at that age, maybe it softens a little bit as they get older, is that true? >> sure. i teach law students and some of my law students say their parents are still checking up on them and when they apply for jobs, the parents go on the company web site and say good things about their kids so it's mortifying. i've got law students saying get my parents off this facebook! >> actually, that sounds kind of good to me. that's kind of refreshing in today's society there are parents who are actually doing that. it's a complicated issue. >> yeah, parents -- yeah, parents care but yet, you know, you got to have that talk with your children before secretly spying on them. >> all right. very interesting issue, lori andrews, the author of "i know who you are and i saw what you did". thanks for your time. >> sure. >> imagine finding the girl of your dreams and then you meet her dad. >> commandment number two, shall better have a life.

my wife and i have worked our butts off to provide a good living for our kids. you better have a life, spanky. >> that guy is also a pastor. 10 commandments to date his daughter. >> health care ruling is in and donald trump says it's a great thing for republicans? he joins us after the break. according to ford, the works fuel saver package could literally pay for itself. jim twitchel is this true? yes it's true. how is this possible? proper tire inflation, by using proper grades of oil, your car runs more efficiently, saves gas. you could be doing this right now? yes i could, mike. i'm slowing you down? yes you are. my bad. the works fuel saver package. just $29.95 or less after rebate. only at your ford dealer. so, to sum up, you take care of that, you take care of these, you save a bunch of this.

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to go along with you. keep dreaming. keep doing. go long. >> some e-mails coming in, a lot of e-mails coming in. alan writes about the health care rule which is now law. my wife and i are young, healthy and uninsured because it is too expensive. when she twist the an ankle and we went to the e.r., i was charged over $1,000. we paid it. how does that make me a free rider? good point, alan. >> peter in florida says leave it to the socialists to demonize the word "free", why is it all right to extort money from some and give free stuff to others?

some people looking in between the lines of some of the talking points that were sent out over the weekend calling people who don't want to pay into the health insurance situation free riders. >> let's bring in donald trump now. donald trump joins us and every monday. good morning. >> good morning. >> tell us about your reflection on this health care law being upheld right now by the supreme court. your reaction? >> well, it's a disaster and obviously, it would have been better if it was knocked out but justice roberts wanted to be loved by the washington establishment and by the way, he is now loved. the way they're talking about him, it's unbelievable. so he is a -- a beloved man to the liberals and to the washington establishment and to others and despised by the people that really counted. in a sense, he was extremely disloyal. i wonder what president bush was thinking as he was the one that put him in that position. i wonder. he hasn't been the one that

speaks a lot about what is going on currently. i would love to hear his thoughts of what he thinks about justice roberts. >> what do you think -- there are reports out this morning that justice roberts is originally going to side with the four other conservatives and in the last month, changed his mind and came up with this tax explanation as to why he wanted to keep obamacare fully intact. why do you think he changed his mind? >> i was worried about it. i was reading "the washington post" and "the new york times" and lots of other papers and things and they were all excoriating and, you know, if you voted against it, you know, how you'd be essentially a moron and you wouldn't know what you're doing, etc., etc. i was saying i bet somebody and a lot of people thought it would be kennedy and i have to give a lot of credit to kennedy. he really stood up for his values and i said i wonder if somebody is going to be convinced by all of this really hostile press to go and vote for it. and that's what happened with justice roberts. he voted for it and he did it in my opinion politically and he

did it because he wanted to be loved by the establishment. and i think it's as simple as that. and you don't hear that being said very often but i think it's as simple as that. >> fair enough. donald, just curious. a lot of people are concerned not only about obamacare being law, do we -- are we going to look forward to a court that has now two supreme court justices that may be swing votes. you never hear the four liberals on the court jumping across the aisle voting with the conservatives. >> well, it seems that way. but i will tell you that kennedy's decision was amazing. kennedy's statements were amazing as to what he wrote about the law. he excoriated it and it was really, you know, honestly, people should be proud of him what he did. he really, really did stick up for his values and a lot of people were worried about him, he probably wrote the strongest opinion. as strong an opinion as you could write. >> in the big picture, you think it will be a good thing for governor romney and you had a chance to see him last week at your fundraiser, right? >> that's right, we had a big fundraiser and everybody said

they're not going to have the fundraiser, the press said they're not going to have the fundraiser, the fundraiser isn't going to happen and trump is going to be embarrassed and all of a sudden, we had a fundraiser and raised millions of dollars. it was a great success and it was always going to happen. it's amazing the way the press can be so dishonest and they were told it was going to happen. but they out of their way and honestly, somebody sitting at home watching the show and the press much of it so dishonest, it's really disgusting. >> how much did you raise? >> many mill yopz of -- millions of dollars. tremendous people were at the group, all of them giving lots of money. they feel so strongly and i will say, the one thing with obamacare is that the energy in that room was five times greater than it would have been a month before. >> ok, because the ruling had just come down on the same day. let me get you to expound upon why you think the ruling could actually be beneficial for mitt romney? >> very simply because it energized the republican party.

it energized people that don't want obamacare of which there are many. it energizes businesses because businesses aren't going to be businesses for very long, many, many businesses are going to be closed up and guys and women that have run business for years and they're not going to be able to do it anymore. i have friends that say they're going to probably be forced to close up their businesses. so all of a sudden, you have a candidate who is going to do everything he can and will do it much -- i mean, he will end obamacare. you have all these people energized much more so than they did a week ago. >> that's good for mitt romney but bad for the country. in meantime, unless you get the house that stays republican and you flip the senate to republicans and then win the presidency, you're not going to repeal obamacare. in the meantime, these 21 new taxes that are in the law, $675 billion and one that should hit home to a lot of people. the 3.8% increase in investment.

the 3.8% increase in investment taxs that are there. that's crushing to business. >> it is crushing business. the law itself will crush business and the law is a tax. whether you like what roberts said or not, the one thing he said, in my opinion, loud and clear. i watched what nancy pelosi said, but loud and clear was that this was a tax and it's passing because it's a tax and that was loud and clear! and obamaromised there would be no tax and it's really a tax on the middle class. it's going to be a tax on the middle class. they're going to be paying numbers that they never even dreamt of paying before. so it really has energized people and i think it's really energized the republicans. i think it's going to be a huge -- very interesting and i've seen it all my life. things that happen that are bad and this was very bad all of a sudden, turn out to be good. maybe it will be good. maybe it gets mitt romney elected and he'll be a great president. and by the way, as president, forget about house. forget about senate. you can do so much to dismantle this law, as you know, just so much.

>> all right. so the country club was a great purchase for you. you had a big fundraiser last week. big story if your life affects brian kilmeade's life, you have finally five years come to terms with new york state and you're going to start building the jones beach restaurant, is this true? do you want to refute this? >> well, it's a huge complex actually on the boardwalk in jones beach. and we've been negotiating and fighting and it's been very difficult because of the environmental situation. i mean, they said oh, gee, the ocean may come into the basement during a 100-year storm and therefore, don't build a basement. i mean, it's just the kind of stuff. and honestly, i give a lot of credit to the state administration, the new york state, and to the current parks department because they got it worked out. and yes, we'll start building that in the not too distant future. >> may wonder why brian is asking the question. >> well, i worked out there at one point and it closed down and i just would like to know maybe if i want to get my waitering

job back there, it might be available to me? >> you know what, your ratings are so good, i don't think you'll be looking for a job very soon. now, if it ever changes and i don't see that happening with this group and now you have eric added on, i don't know where is steve today, right, but with this group of three and now i have to say also four i don't see you guys looking any time soon. >> donald, very quickly, we got to go. any chance of bringing gambling to new york state especially along the boardwalk? >> it's going to happen. it's already happened if you think about it. but it's aqueduct gambling, etc., etc.. >> i saw a guy playing dice in the corner. >> it's happening everywhere. it's both a blessing and a curse but a curse for a lot of places and, you know, it's a combination of both but it's actually happening. the united states is becoming a big gambling casino and a lot of people aren't too happy about that. >> all right. i'll scratch something off in the break. >> ok. >> i appreciate it. >> have a good time. >> thank you so much. >> thank you. >> and by the way, you can still moonlight, you know. >> that's what i'm thinking. i'll do that later. it might not fly with the second

floor. >> all right. now the rest of the headlines and more on those extreme storms pounding several parts of the country. you're looking at new video now from richmond, virginia, showing how strong this weekend's thunderstorms were. a garage split right in two. the roof on this house blew right off. fortunately, no one inside hurt. the home owners say they've never seen or heard anything like it before. >> winds, it was just like howling and just thunderous. >> you could actually feel the power and hear the weather stripping. >> now, the challenge, of course, is how to stay cool. that's because more than two million people across the northeast and mid atlantic are without power still today. some electric companies warn it could be days before it's back on making this holiday week a big, fat mess. >> all right, in less than three hours, scores of protesters will be gathering outside of the white house demanding that president obama and attorney general eric holder be held accountable for the botched fast & furious operation. house speaker john boehner saying the house will likely sue for access to more documents.

>> the only facts that we've received about this entire fast & furious operation came from whistle blowers and others associated with it. we got no information that helped in our investigation from the justice department at any point in this investigation. the american people deserve the truth. >> and the justice department says it won't prosecute holder after the house voted to hold him in contempt of congress. >> a florida pastor has some advice for any male suiters who want to date his two daughters. don't even think about it unless you're ready to follow his 10 commandments. >> commandment number one -- thou shall understand that your presence isn't making me happy and as a matter of fact, i got a p.i. doing a background check on you at this very moment. commandment number two, thou shall better have a life. you see, my wife and i have worked our butt off to provide a good living for our kids so you better have a life, spanky.

>> spanky? doug child is the senior pastor at clash church in aventura. >> would you date a guy named spanky, gretchen? >> thank goodness i'm out of the dating cycle. >> ok. >> i don't have to answer that question. >> i take the fifth! >> ok. >> but we'll go with the two of you, is that the bigger question? >> are you done? >> i would say no. i will say no. >> all right. he was a self-described liberal filmmaker endorsed by michael moore and loved by hollywood until he spoke his mind about muslim extremists. he's here next. >> then some say this story is nothing but a crock. we report, and you decide. take it away, spanky. ♪

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>> 46 minutes after the top of the hour. a couple of quick headlines for you now. southwest airlines planning to offer live tv on its flights. it's rolling out the service on five planes and plans to expand by the middle of this month. during the trial period, the cost will vary between $3 and $8. and this giant crock that terrorized a farming town in the philippines before being captured declared the largest saltwater crock in captivity by the guiness book of world records. the crock is 20 feet long and weighs more than 1 ton and that's no crock! eric? >> thank you, gretchen. important story here. michael moore asked him to help tell the story of being a muslim in america claiming they were being persecuted because they couldn't build a mosque in tennessee but once he dug into the details of the entire story changed. joining us now, documentary filmmaker eric bell. thanks for joining us, sir. i followed this extensively, this murfreesboro, tennessee, mosque. it's a big mosque. tell us how it went down.

originally they got approval to build it. they started to build it. then what happened? >> the approval was to build a 53,000 square foot mega mosque in the town of 100,000 people with 200 to 300 muslims only 45 of which are paying members. we're talking about a multimillion dollar project. there was backlash in the community against it and i thought this would make a great documentary and i went into it with a bias this is about civil rights and religious freedom and had pursued that, had shot 300 hours of footage taking that point of view. >> let me get this straight. there was the michael moore group. a couple of liberal leaning groups that funded your project. is that right? >> no. i keep hearing that michael moore funded my project. michael moore did not fund the project. he was very supportive. i wrote for michaelmoore.com and the funders of the project, i signed a nondisclosure agreement, i cannot disclose. it's not michael moore.

>> you're into this filming and you're leaning towards the original thought that the -- that the muslim groups or the builders of the mosque were being persecuted but what happened? what changed your mind? >> you know, i think there's a perceptive disability that a lot of liberals have which is when i say islam, you hear muslim so i kept thinking that the opposition to islam was an opposition to the muslims. and seeing the muslim community as victims, my inclination was to stick up for them. so it wasn't until i started to do some serious research about islam that i realized what was actually happening here and that i had gotten this whole thing completely wrong. >> what is actually happening? i have a couple of seconds. tell me what you found. >> i found that there's a man who raped a 9-year-old girl, who owned slaves, who killed his critics, who beheaded a tribe full of jews named muhammad who is the highest moral example in islam for 1.6 billion people. and that this is a radical,

savage religion. the people aren't all radical, thank god! but the religion is the worst, most deadliest idea in the history of the world. and we need to make sure that we keep a close eye on it in this country. >> all right. we'll have to leave it there. very interesting topic. love to have you back and maybe expand on it a little bit more. the treatment of the left after you got this stuff done. thanks very much for joining us. >> sure thing. >> all right. he isn't your usual draft pick. >> u.s.a.! u.s.a.! u.s.a.! >> after three tours of duty overseas, he's getting a real american welcome to the nba. bernard james here with his amazing story next hour. and what's the best way to protect your baby's skin? probably not what you think. there's a common mistake most parents make. but first on this day in 1978, "shadow dancing" by andy gibb is the number one hit. [ male announcer ] what's in your energy drink?

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>> brian and i headed outside. >> you need to sit down. >> i can't block the sun block. we'll be talking about tips for your kids as far as sunscreens and sun shirts and sun protection and we're here with dr. jeanine downey who is a cosmetic dermatologist. good morning to you. >> good morning. >> what is the biggest message that you can give to parents? >> put sun block on your kids and reapply it from the time they're 6 months and older. that's really important. >> you brought some cute kids with you. they're all professional actors and actresses so not only should you put some cream on them, right, some sun block but what about the clothes? >> bottom line is the clothes have -- like this is an s.p.f.

of at least 30 in there and these are critical so you want something that's thicker and that's broad, kids need to wear hats and they need to put their hats on. they need to keep their hats on. the parents need to remember that ears, noses, the backs of your neck, the backs of your knees, the tops of your feets or areas that burn a lot and gretchen, there's 3.5 million new cases of skin cancer every single year. so that's very concerning and it starts right at this age. >> i know. you know, one of the best things, i think, are these shirts because first of all, you don't have to put as much sunscreen on your child and you know they're being protected automatically. >> right. exactly. >> with regard to the sunscreen, you've picked out three that you think are the best. >> i like them a lot, yeah. >> we have nutrogena 60 plus pure and free baby. another one, the wet skin. >> that's great to reapply on wet skin. >> and the mineral block. >> why are these the best in your mind? >> in my mind, this is very gentle and like the two

nutrogenas so they work well and they do well. so you know? you got to -- >> the difference between these beautiful children who are about a year and a half and as opposed to the babies. >> the babies, you don't want to put sun block on babies before they're 6 months old. if they'll be in a lot of sun, it's worth it. i started putting sun block on my daughter by the time she was 3 months old. you're worried about a smaller body surface area so you start to be worried about chemicals. >> but if you're going to have to choose -- >> if you'll have to choose, you don't want skin cancer later. one person dies from melanoma every hour and there are about 3% of pediatric cases account for all the melanomas in the world. 3% are them are pediatric cases. >> thank you so much for the advice. >> you're very welcome. >> great to see you. >> let's go back inside to eric. >> thank you, guys. he served three tours of duty overseas and now he's getting a real american welcome into the nba.

>> u.s.a.! u.s.a.! u.s.a.! u.s.a.! >> bernard james here next hour. then while many of you are out of work, the white house is handing out raises. dana perino with the numbers you weren't supposed to see. lso hav, and my dad moving in. so we went to fidelity. we looked at our family's goals and some ways to help us get there. they helped me fix my economy, the one in my house. now they're managing my investments for me. and with fidelity, getting back on track was easier than i thought. call or come in today to take control of your personal economy. get one-on-one help from america's retirement leader. this is the plan that revolves around you. introducing share everything. unlimited talk. unlimited text. and a single pool of sharable data

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[ strings breaking, wood splintering ] ha ha. [ male announcer ] the capital one cash rewards card. the card for people who want 50% more cash. ♪ what's in your wallet? ♪ what's in your...your... >> gretchen: good morning, everyone. today is monday, july 2, 2012. i'm gretchen carlson. thanks for sharing your time. his decision made all the difference in upholding the president's healthcare mandate. because stunning new report claims pressure from liberals may have given chief justice roberts a change of heart? dana perino here to weigh in on that. >> eric: supreme court says the healcare mandate can be considered a tax, but democrats don't buy it. they say it's penalty. sounds confusing, right? even for nancy pelosi. >> it's a tax, it's a penalty. >> eric: actually it is a tax. wait until you hear who gets hit the hardest and guess what? it ain't the rich. >> brian: why is this player

getting welcomed into the nba with chants of usa, usa? because he's a real american hero from the battlefield to the professional basketball court, you get to hear from bernard james himself. "fox & friends" starts right now >> gretchen: good morning, everyone. hope you had a great weekend. eric is here sitting in for steve. good to have you. >> eric: thanks for having me. >> brian: dana perino is in the wings. she's big on twitter, i heard. dana is coming on, and you got to stick around because bernard james, 33rd pick in the draft, two tours in afghanistan. he has a chance to come back. really tall. that would be a good one more thing.

you can battle it out on "the five" today. >> gretchen: we'll look forward to dan, and bernard. we have to get to your headlines with an extreme weather alert. the east coast dealing with a mess this morning after another round of summer storms swept through parts of north carolina, especially hard hit. at least three people died in this storm, including a 77-year-old man from pit county. he was killed when a barn collapsed on top of him. this now brings the death toll from the weekend storms to at least 17. this morning's commute shaping up to be a nightmare for hundreds of thousands of drivers dealing with downed trees and power lines and add to go all this, nearly 2 million people without power and it's all during a brutal heat wave. terrorist plot to bring down an american jet unveiled. apparently the same al-qaeda terrorists who tried to blow planes out of the sky four times since 2009 are behind this one,

too. according to intelligence source, the group's branch recruited a norwegian man. we told you about him last week. he was trained in yemen. the target for an american plane in late july. a modified air force plane crashes while fight ago wildfire in south dakota. the ac-130, like this one being used to battle the colorado wildfire, went down in the southwest corner of the state. it happened while fighting the white draw fires. crews rescued three people from the wreckage. they brought them to the hospital. no word on their condition. former president george w. bush and laura bush attending church to start their second day in zambia. they are in africa to help renovate a health center which will screen, treat and diagnose women for cervical cancer. after the service, they went to work painting the inside of the center. this is part of their pink ribbon, red ribbon initiative.

those are your headlines. it's apt to bring in dana perino who used to be the spokesperson for president bush. >> i got to see them the night they within before this trip and it's nice to see pictures. >> brian: he's one of these guys that actually shows up and does work. i got ask but the story that cbs has now that it looks like john roberts was going to vote one way, switched the other way to where he eventually voted and tried to bring anthony kennedy along with him on the vote. how do you feel about all this? >> i take stories about the internal workings of the court with more than a grain of salt. just because of the traditional secrecy, i don't know if we'll ever actually know the truth about all of this until they finally write their books after they retire. however, it is a plausible scenario because as you analyze the scent and very plain language where kennedy was so upset and when he reads it from the bench, he is showing a lot

of emotion there and i think he felt more than a little that it was the wrong decision for chief justice roberts to make. in some ways, this scenario of chief justice roberts, whether it's true or not, but the scenario of him changing that vote at the last minute, it does give people a little whitmore of an understanding, okay, now they can understand his reasoning. it doesn't make it right. it doesn't make people feel better, but they maybe understand how it came to be. >> gretchen: there are so many questions that go into this. whether a chief justice should get political, if that's what did he in changing his mind. what i want to ask you is since you saw george w. bush on thursday night and this came down thursday morning and he appointed chief justice roberts to the court, what did he think about it is this. >> i'll keep that quiet. we were there celebrate ago good friend's wedding. so we didn't spend a lot of time talking about that. a lot of us worked very hard on the chief justice roberts confirmation hearing and that whole summer of 2005, people think that his confirmation was

quite easy. it wasn't until chief justice rehnquist passed away. when roberts then was elevate to do chief justice and then justice aledo thing -- the thing about roberts is almost across the board, every conservative said he's a solid gave the he's the one we want. now the level of disappointment amongst a lot of people, including myself, is really high. >> eric: whatever event you were, he must have bumpd into a lot of people from the right who now -- was there a feeling that justice kennedy may or may not be a swing vote? do you add chief justice roberts into that category of potential swing votes? >> i think you do now. roberts will be an enanything ma for a lot of people. think about citizens united. had thank is the ruling that said corporations have the first amendment right to donate to campaigns. now you have super pacs and everyone on the left complaining that is bringing too much money into politics. that citizens united case was

decided with judge justice roberts. when president bush lost a decision, antiterrorism issue, actual' roshs was the one who defended, said they were in the wrong, but kennedy swung the other way. now you saw yesterday in the "new york times," liberals are so wanting to paint the court as right wing that they're already starting to warn, don't get too comfortable with roberts because there is a lot of cases coming up and he'll continue to be a conservative court. i think that no one will know. >> brian: what's interesting what emerged from chris wallace's panel. roberts is somebody who is always thinking ahead. while everyone else is playing checkers, he could be playing chess. the next decisions that come up could all be predicated on this. giving the electorate a chance to react, at the same time, not allowing his court to be labeled a conservative court. >> also, from chief justice roberts' perspective, i don't write the laws. i'm just telling you what is

legal. some conservatives can fold themselves on thursday -- consoled themselves look, they limited the commerce clause and painted president obama in a box because his domestic achievement was the largest tax in american history. to an extent, you could make that argument. but i do think it was the wrong decision. it makes me sad because the healthcare industry is going to be in chaos for a long time. >> gretchen: do you think that the american public in general is paying close enough attention to this discussion to actually look into the details? they know about this idea of a tax or will they just see the headline that president obama won? >> well, i would say that people who vote, likely voters, are paying more attention than people who aren't. they are split on this. but consistently around five or six 4% of people -- 54% of it wanted it repealed. those 54% aren't going to change their mind based on what roberts said because he said it was unconstitutional in the commerce clause. but then there is the switcharoo

and now it's a tax. so i believe all those likely voters pay attention to this because i've been asked, what does this mean for me? what is going to happen? what happens to my irs -- do i have to check a box and pay more? >> brian: how many times has boling asked you that? >> eric: did principle make a mistake appointing chief justice roberts at the time? >> no, i think the information that we had across the board, every conservative that i knew and having worked on the confirmation said roberts was the most excellent pick that he could have chosen. you never know. >> gretchen: chief justice roberts goes back to having conservative ruling, then there will be so much talk about the fact that he fell under some sort of spell of political correctness and many people will argue that that is not the job of any justice on the supreme court or anywhere else. >> one of the lines is that by making this switch and this decision that he was thinking he

wanted to protect the integrity of the institution, i actually think in the long run, probably made it worse because you saw the "new york times" editorial, the first thing they said was, this could be the first step in the evolution of chief justice roberts became ago great chief justice. well, those are fair weather friends. next year, if they rule on something that is considered a conservative argument they don't like, they will throw him under the bus again. if that was the motivation, which i hope it wasn't and in my heart i don't necessarily believe that it was, i understand why the story is plausible. >> eric: one of the things we talk about on "the five," you point out often the friday night document dump, important, but it happened this past friday night. >> all of a sudden you see that the white house announced a lot of folks are getting increases in their salaries. this is released at 3:59 on a friday night. reporters called to ask about it and they were given the cold shoulder and said no comment. now, i don't know how much the salaries are increasing.

there is a cap, so they can't go up too much. it is curious timing. three months before an election. i understand people need to get paid for what they do, but when most americans are not getting a raise, you have to wonder, the wisdom. >> gretchen: in 2011. 454 payroll, 37.1 million. that's gone up now to 37.8 million and 468 employees at the white house. >> eric: he created 14 jobs. huge. >> they're not even green jobs. >> eric: maybe one of those guys cuts the lawn in the back. >> do government jobs count? >> eric: i think so. pretty sure they do. >> brian: we're going to watch you tonight. >> eric: wait a minute. we have to tease something else, though. you want to tease it? >> we'll have a fourth of july special and we can't tell you who it will be. one of "the five" is going to be in a dunk tank. >> gretchen: how do you decide

who goes in it? >> it's been. >> brian: start with bob beckel and work back. >> it's all very secretive until the very end. but on wednesday, we'll have a fourth of july show and it will be revealed. >> eric: you have the choice,. >> who would you choose? >> eric: i don't know, who would you choose. >> gretchen: i'm going to say highway think it will be. >> we want to know from viewers who they think should be in the dunk tank. >> brian: will the overall tally be the winner? how do you do it? >> we're gog play a couple of games. >> bowling and beckel mate have to race. >> gretchen: race? >> beckel is not watching right now, so i can say whatever i want. >> gretchen: coming up, why is this player getting welcomed

into the nba with chance of usa, usa? because he's a real american hero from the battlefield to the basketball court, bernard james here live. >> brian: then the department of justice refusing to prosecute attorney general eric holder. now democrats forgotten about the family of brian terry all of a sudden? the border patrol agent who was killed our homes work for us.

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>> gretchen: 16 anyones after the top of the hour. the justice department declining to prosecute attorney general eric holder after he was held in kim of congress. >> brian: that was a shocker. so where does that leave house republicans in their investigation? >> the american people have a right to know what happened here. brian terry's family has a right to know what happened here. we got no information that helped in our investigation from the justice department at any point in this investigation. >> this is about committee that is on a path towards turning a review of policy into a political witch hunt. >> brian: really?

what about the family of brian terry? the border patrol agent who was killed? we're joined by a member of the house oversight and government reform committee, representative pat meehan. congressman, where do you go from here? >> where we're going to go is to civil court to demand that documents be turned over. remember, there is anywhere between 88,000 and 110,000 documents, which have been identified as relevant to this investigation. this justice department's turned over a little over 7500 and most of them have been self serving documents trying to steer attention to activities that took place prior to their administration. listen, they took this thing over and reininstituted it. the question is, who made these decisions at the highest levels of the justice department? that's what i think they're afraid to be scrutinized on. >> gretchen: congressman, how will this work in civil court with regard to president obama executing executive privilege on some of these documents? >> well, they would be given to a judge and the judge would likely review these in camera

and they would -- the judge would review each of the documents. there would be the creation of a privilege log and there would have to be a justification made by the justice department as to why they believe that that document ought not be turned over. what it does is put a different set of eyes. we would go to court in a civil capacity and ask for injunctive rethrow have the court order that the documents be turned over. of course, it's going to be a long, drawn out process, which probably plays into the hands of the justice department at this point in time. >> brian: specifically, what could you tell our viewers about what you absolutely want to see from the attorney general? what's he negotiate to go show or not show? >> i want to see who made these decisions and what information they had when they made the determination to continue the gun running which was part of fast and furious. it appears it only began to have people finger pointing and distancing themselves once agent brian terry was killed. you had everybody ready to go down there and sort of join

together and take credit for this operation. so i believe that there is real finger pointing going on right now. we want to get to the bottom of it. >> gretchen: what kind of a judge might you get in a civil court? it would be a federal judge, right? would that person have been appoint bid a president? >> no. well t may have been. all federal judges are appointed. >> gretchen: i mean, what district will you be in and what kind of judge do you think you might get? >> it would be the district court in washington, d.c. and it will get assigned as any case does on a wheel. as a former united states attorney, i'm accustomed to getting the assignment that comes from the judge. it can sometimes be influenced by the nature of the judge, but for the most part, my experience has been they're apolitical and they go after the facts. >> brian: thank you for joining us. we'll follow the fast and furious investigation because it's far from over. a lot of people think t but it's not. thank you for joining us this morning. >> you bet. thank you so much for having me.

>> gretchen: this is a great thing that happened during the nba draft. i don't know if you saw it live when it happened, brian, but they chanted usa, usa, for one of the guys who was drafted. watch this. >> usa! usa! usa! >> brian: up next, 33rd pick in the 2012 nba draft who just wrapped up three tours of duty in the united states air force, afghanistan, qatar and iraq. bernard james here live. >> gretchen: then the exact opposite of an american hero. the occupiers making major plans to protest on the fourth of july. huh [ male announcer ] it's simple physics...

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>> gretchen: 24 minutes after the 207 of the hour. michael jordan's 21-year-old son arrested in nebraska. police say he was intoxicated and arguing with two women outside of a hotel. a home in the hamptons scrapped mid construction because it was built in the wrong spot? the couple came home from a trip and saw the home was too far back, leaving no room for a pool or backyard. it could cost up to $150,000. >> eric: our next guest is a real american hero, serving six years in the united states air force, including tours in iraq and afghanistan. but little did he know his life was just getting started. >> brian: today at 27 years old, add nba player to his resume. he was just drafted 33rd

overall in the most patriotic way possible. >> with the 33rd pick in the 2012 nba draft, the cleveland cavaliers select bernard james. >> usa! usa! usa! >> brian: joining us now, bernard james, drafted by the cavs, september to dallas. describe that moment when you heard the chants as you walked on stage after hearing your name. >> it was amazing. the fans, they were rowdy all night and hearing them all kind of come together and chant usa, just felt really good. made me really proud of my military service. >> eric: you had a kind of interesting path to the nba. give us a brief history real quick. >> high school dropout. joined the air force at age 17. started playing basketball in the air force. did six years of service, three

tours of duty, iraq, kuwait and qatar. get out, go to tcc. tallahassee community college, played at florida state for two years. then nba draft. >> brian: then when did you realize, wow, i got into college on my athletic ability. i'm on a roll now. you've grown up so much in the military. when did you realize the nba was indeed a possibility? >> it really didn't click for me until last year. after my junior year going into my senior year, that's when i really, really got to work in the summer time. i came off a really good season my junior year. so that's when it really kind of clicked like this is a possibility. i need to chase this. >> eric: david robins, who is the admiral, wasn't he in san antonio, are you going to be the sergeant in dallas? i think is the nickname you got, or can we do that right here now? >> i think tallahassee fans have done that. they've been calling me sergeant for the last year.

>> brian: you're 17 years old. a few months younger than lebron james and he's had nine years in the league. you said your age is some what deceptive. in what way? >> i haven't been playing basketball that long, so i don't have that much wear and tear on my body. i'm nowhere near my upside. i have a lot to learn and i learn every day. my last four years in college, i've improved every year and learned new things. so i'll take that into the nba, as well as work ethic and discipline. >> brian: what are the military teach you as a person and gets you ready for this day? >> really the main thing is making the best out of every opportunity you get. i mean, opportunities that are rare and far between in life. so when you get one, especially one this big, you really got to take advantage of it. >> eric: great stuff, sir. good luck, sir. >> thank you. >> eric: next on the run down.

>> it's a tax, it's a penalty for free riders. >> eric: your e-mails and tweets are pouring in on this one. we're reading them next. >> brian: here is a great way to celebrate the great country you're in. protest. the occupiers making major plans to act like idiots on the fourth of july building pass, corporate card, verizon 4g lte phone.

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[ male announcer ] why not talk to someone who owns an adjustable version of the most highly recommended bed in america? ask me about my tempur advanced ergo. goes up. goes up. ask me what it's like to get a massage anytime you want. goes down. goes down. [ male announcer ] tempur-pedic brand owners are more satisfied than owners of any traditional mattress brand. ergonomics. [ male announcer ] tempur-pedic. the most highly recommended bed in america. [ female announcer ] visit a participating retailer and save up to $600 on a tempur-cloud supreme mattress set. >> political discourse, you know that. the president was adamant saying, the individual mandate is not a tax. in fact, his own solicitor

general went to the supreme court and said, this is constitutional under the taxing authority of congress. >> that's right. >> that's not how it was sold to the american people. >> no, it's a penalty. it's a penalty that comes under the tax code for the 1% perhaps of the population who may decide they're going to be free riders. most people are not affected by that. >> this is a new tax. >> no, no. it's not a t. it's a penalty for free riders. >> brian: so that's got everyone crazy. people talking about a tax. the supreme court says it's a tax. that's the only reason why it's been validated. but yet no one is admitting it's a tax on the democratic side. jim writes us about this very issue. >> gretchen: he said this, guess what, if the government has their hand in your wallet, it's a tax. that's one way. >> brian: that could would be a tweet. >> eric: this one from sde, people living paycheck to paycheck paying all their bills and choosing to only carry catastrophic insurance are not free loaders. >> gretchen: that's the way they're being depicted now.

>> brian: right. stewart writes us from florida. why demonize someone who choose to pay $95 fine if they're financial situation doesn't allow them to buy into care that maybe cost them 2 to $3,000 under the obama tax? most americans live paycheck to paycheck. the added expense, even $100 per month, can be devastating, living paycheck to paycheck is tough. >> gretchen: and then this e-mail from brett in st. joe beach, florida. what about people on welfare, food stamps, medicaid? why aren't they being taxed for free riding? >> eric: that sound by nancy pelosi goes on it say, it's a $4,000 credit for the middle class. it's a tax credit on the way this way, why isn't a tax on the way into the system? >> gretchen: we'll continue to debate this, i'm sure, for many days to come. talk about a complete nightmare. storms making a mess. knocking out power and it's all happening during a big heat wave, too. doug joins us live in riverdale, park, maryland with more.

i don't know if we were just showing shots of what happened in your neck of the woods, but there was a huge tree right on top of a car there. >> well, yeah. cars didn't fair too well in this storm. the evidence is right behind me. look at those two that are crashed into one another. so they're not even going to be part of what's probably going to be a very difficult rush hour as people try to get back to work, try to get back to normal. i'll tell you one guy ho is going to be busy today, this guy, auto glass repair. he's going to be hopping. but so are power crews. you probably saw them here. this power truck just rolled up. they're trying to fix the line that you see kind of hanging low behind them. this is the problem they're running into. this roofing material. that was draped over that line, brought the line down. so now they're trying to fix it. that's just the start. look at this big pile over here. this big pile of debris all came off of this building. this is a big apartment building. the roof was essentially ripped off of it. we'll show you some aerial video

of here because it's quite dramatic. that roof was just peeled off as those straight line winds came through. it was an absolute mess. so this building had to be evacuated. these folks are staying in shelters, with friends, or relatives. so while you have hundreds of thousands of people, maybe millions still waiting for electricity to get back on-line, air conditioning to get back on-line, people like this don't even have a roof over their heads. so this is going to be a big problem throughout the entire region. it will take a long time to fix. back to you guys. >> eric: long time to clean up. thanks. now to the rest of your headlines. american intern working for the associated press in mexico city found dead. his body was discovered in the elevator shaft of an apartment building where he was staying. it's not known how he died or why he was there. he graduated from iowa just last month. >> brian: occupy protesters trying to ruin the fourth of july in the cradle of liberty. occupiers from across the country started arriving in

philadelphia on saturday. they're camping out at independence hall, which allows 1500 protesters expected to gather there. good luck. >> gretchen: a runoff later today to decide who goes to the olympics after this amazing photo finish in the 100-meter sprint. geneva tarmo and allison felix couldn't get closer. they decided to settle it all on the track instead of bay coin flip. >> eric: and naomi watts getting a dye job. a first look at the actress on the set of a new movie p princess diana called "caught in flight." she admitted she was worried about looking nothing like diana , but hair stylists worked their magic. the movie set for release next year. >> brian: let's take a look at what's happening in the world of sports. good news for fox. aaron andrew, newest member of the fox family, will host a college football show on fox

before college football games in the fall. and eric has never been happier. you didn't have that reaction when terry bradshaw came over. >> gretchen: i did. >> brian: andrews will contribute to other sports, including nfl football and others. apparently not in the case of one french athlete. check this out. he's going over to a mascot and knocking a gift bag out of her hand. then he shoves her, too. the mascot, 14-year-old girl. look at that. >> gretchen: is he related to alec baldwin? >> brian: maybe. he's in a good mood compared to him. seven rangers make the american league team. josh hamilton scoring a record

11 million votes. his fifth straight appearance. also making the team from texas, mike napoli, beltre and pitchers matt harrison and jay nathan. short stop elvis andrews and second baseman even conditionsdid she ian kins ler. >> gretchen: my son is going to his first all-star game. >> brian: by himself? >> gretchen: with my husband. you'll is to hook up (fantastic. >> eric: guess what,s mascot won't be there. >> gretchen: a bunch of other ones. do alt mass scots come, by the way? >> eric: most teams don't have mascots. >> gretchen: wait. excuse me. >> eric: if they do, they get pushed. >> gretchen: no, no, no. there are at least 25 mascots out there. e-mail us if you're a mascot of a pro baseball team and let eric

understand that there are mascots. >> brian: i gave you the itinerary for the mascots for the all-star break. let's talk about something really important. that's something's marriage. tom cruise and katy holmes. katy holmes' life was going great. she was on "dawson's creek" when she medicine tom cruise and now they have gone kaput. for more, let's go to my colleague, gretchen carlson. >> gretchen: i thought you were renaming them kaput instead of tomkat. they're getting divorced, folks. big news. they're getting divorced after five years and some people are saying that now the scientology religion may have something to do with it. katy originally became a scientologist, but did not want to raise her daughter following this religion. could it be now that people are following her. there is reports in the new york papers today that she was not able to leave her apartment with

her child yesterday because people are outside of her apartment and the accusations are that it's people from the scientology group. >> eric: if it wasn't the tom cruise saying he felt the umbilical cord and placenta was healthy and he wanted to eat it after the birth of suri, that didn't drive miss holm away. apparently his willingness to desire her into the scientology religion was the last straw to say enough is enough. she filed for divorce under anonymous versus anonymous. >> brian: she had been setting in an apartment for a while. the question is, she's concerned about kidnapping. she's wondering if the scientologists are following her and there was a few pictures in the paper today that maybe people say that this could be it. >> gretchen: i have one thought on this. didn't she think about this before she married him? >> eric: by the way, andrea peyser and the "new york post" over the weekend had a fantastic long article about what that marriage was originally likely about, marriage of convenience for both of them.

he would look like he was a family, leading man and katy holmes would possibly extend her career a little bit longer. >> brian: i never see her in anything. >> gretchen: i think it worked for nicole kidman, but maybe not so much for katy holmes. unfortunately, there's a child in the middle of all this and it's a beautiful kid. we just hope that child remains innocent in all of it. coming up, love that morning cup of joe? our next story could change your daily habit. >> eric: then his decision made all the difference in upholding the president's healthcare mandate. but our next guest says chief justice john roberts only voted that way because of pressure from the left

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>> brian: mexico electing a new president, enrique pena nieto. they were in power previously. and coffee to fight skin cancer? a study by researchers at bringham and women's hospital found out of 113,000 people, those when drank three or more cup days had a 20% lower risk of the most common type of skin cancer. they believe the caffeine might help kill off damaged skin cells. i'll lack into that. 'til then, here is gretch. >> gretchen: thank you, brian. did pressure from the left convince chief justice john roberts to change his vote, upholding the president's mandate, michael goodwin voted for president obama in 2008. good to see you. >> thank you. >> gretchen: i'm having trouble over the last few days coming to terms with the fact that

political correctness may have factored into this decision for chief justice roberts. do you fall into that same category of people who previous that, number one, and are upset by it, number two? >> i think it begins with the fact that the legal logic for his finding this as a tax doesn't feel right. it doesn't smell right. it suggests that there is some other motivation. whether he actually changed his vote, i don't know. but i do subscribe to the theory that part of the reason he did this is that he sided with the four liberals on the court it make a majority is, as you say, the political correctness, this idea -- i think for him, as the custodian of the court, it is important that the court not be seen as a partisan instrument on either side. >> gretchen: why? shouldn't they rule independently and forget what anyone sells going to do? >> but these are not hard and fast things. these are opinions. this is what we talk about a court's opinion. so this is an interpretation of the constitution. i think there are clearly liberal interpretations and

there are more conservative interpretations. i think john roberts waiverred in this case because he did not want to see the court as more partisan. now, why i am troubled by that is i think that this is a pressure conservatives feel all the time, that somehow conservatives always have to persuade liberals that conservatives are reasonable people. i blame the main stream media for this. they have created the impression that conservatives are more compassionate, more reasonable -- liberals are -- more compassionate and more reasonable and conservatives must always prove their reasonableness and their good faithness. i believe that played a part here because i think what john roberts' legal logic doesn't make any sense t. doesn't pass the smell test. anybody who reads it says what -- he's clearly straining to come to this conclusion. he decides the conclusion first and the reason second. >> gretchen: why? is it a power grab? is it to try and keep the court from looking like it's partisan?

isn't that the whole point of presidents having the power to appoint who they want on the court? i mean, that's just the way the dominoes work up this time around. >> and i think this was a lousy -- if this was a time when john roberts was going to sacrifice the conservative principle for a larger thing of protecting the court's independence, you know, history teaches us that we now accept the fact that a supreme court can rule and the government will respond. that wasn't always the case. for example, when eisenhower was order by the court it do desegregation of the little rock school system, there were concerns that the president wouldn't comply with the court, that he wouldn't enforce the issue. i think the supreme court doesn't have an army. it doesn't have any troops. i think that it is important that the supreme court retain the respect and the trust of the entire population. if that's what john roberts was trying to do here, was to please the conservatives -- or the liberals in this country, that

the supreme court was reasonable, that he's a reasonable man, that it's not partisan, i think he failed because i think what he did was just set up the next set of demands. this is what i talk about in the column. it's never enough. it's always because ultimately, liberals insist that conservatives be more liberal. it's not that they want to respect you for your conservatism. they want you to become a liberal. i think he will not quell this demand for the court to move to the left. >> gretchen: it will be interesting to see how he rules on upcoming cases. >> that's right. >> gretchen: michael goodwin, the "new york post" columnist, check out his columns. they're intriguing to read. thank you. do you recognize this song? i think you will. ♪ that's john philip sousa, one of america's greatest patriots whose great grandson is here with us. you have to hear what you haven't heard about the man who wrote "stars and stripes forever." first let's check in with gregg

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>> eric: one of america's greatest patriots and one of the

most famous songs he ever wrote "stars examine stripes forever." ♪ >> gretchen: you know that one, joining us, his great grandson and co-author of "america," patriot's life in images and words, john philip social security ousaiv. the life story of your great grandfather, who interestingly enough went into the marines at age 13. right? but he attempted to run away. >> he did. his goal when he was a young man studying the violin was to play in the circus band. circuses back then had live bands and that's what he wanted to do. his father had other thoughts for him. >> brian: so he ends up doing this. when you talk about who your great grandfather was, can you put in perspective today, for example, he was probably the most famous man in the country,

one of the most famous people in the world at the time. correct? n people knew sousa who didn't know who the president was. everywhere you went in america and around the world, you could hear sousa being played. they sang to it. it was a big part of america. >> brian: it's not only the quality burks the volume of work he did as well. >> 136 marches, over 500 piece in total, plus four books and an autobiography. >> eric: you point out in the book that he performed in front of sold out crowds, 60,000 at a time, he'd sell out everywhere he went. >> 60,000 a week came to see sousa perform. he did 14,000 concerts. can you imagine? and by the way, no airplanes, and so on. right? >> gretchen: it's amazing. you also say he was quiet, but a vane man. >> he was more like a school master than the leader of a big

brass band. he trial lifts put in his shoes to make them just a little more elevated and wore a brand-new pair of white tiffany gloves every performance. >> brian: what does he mean to america? >> he was one of america's biggest patriots. he helped take america from the civil war into the industrial revolution. at age 61, he gave up a very lucrative career and joined the navy to raise millions for the world war i effort. >> brian: it's all in this book. thank you so much for talking about your great grandfather. >> happy birthday, america. thank you. >> gretchen: more "fox & friends" two minutes away hi, i'm phil mickelson. i've been fortunate to win on golf's biggest stages. but when joint pain and stiffness from psoriatic arthritis hit, even the smallest things became difficult. i finally understood what serious joint pain is like. i talked to my rheumatologist and he prescribed enbrel.

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i'm with scottrade. >> eric: a ton of e-mails coming in on a segment we did with a liberal film maker endorsed by michael moore and loved by hollywood until he told the truth about radical