what about the hidden taxes? >> what about all the other taxes. >> barack obama is the greatest economic president sings president roosevelt. >> i would say something but you won't like it. greta is next. president obama and republicans duking it out over extending the bush tax cuts. both sides have one thing in common. neither has a fix. why? you hear from both republicans and democrats. house republicans start their push to repeal the national health care law. they're making their first move. what are senate republicans doing? they are facing an even bloodier battle. senator or written hatch the record plus new jersey governor chris christie and donald trump making headlines. what did they do now? stick around to find out. right now, a murder indictment unsealed. charges for the murder of border patrol agent brian terry. the agent's death setting off a

fire storm in washington because a gun found at the murder scene came from the atf's gun walking operation. after congressional hearings, claims of executive privilege and the first citation for a cab knelt member, still no peace for the family. the indictment ofersz offers a $1million reward for information. >> this is a federal prosecution. you're a former assistant united states attorney yourself. >> yemen. why do you think this is unveiled now? the indictment came down in november. it's been called a super seeking indictment. what's your thought? >> i think it's a superceding indictment. it could be something as innocuous as fixing a grammatical error or adding a count. usually indictments are sealed if you want to allow law

enforcement an opportunity to apprehend the person ths who wee indicted without them knowing that you're coming. also sometimes you seal indictments to protect informants. as i was reading the indictment this afternoon, it struck me, and i don't have any evidence to back it up. but as a former prosecutor reading it, it strikes me that some of the charged defendants may welln cooperating with the prosecutors. >> and according to others, some are on the run. >> in mexico. >> i assume that it's a false suassumption, but mexico is aggressively looking for them as well. >> the $1 million from the bureau will help. >> did you know this was coming? there's an awful lot of action on capitol hill, holding the attorneattorney general in contf congress. it's the view of congress he's with holding documents he should surrender. >> i did not know it was coming down, but the nature of sealed indictments is such that i

should not have known it was coming down. i read some accounts today that some -- by colleagues and other attorneys. i think the timing is curious. i have no reason to suspect that this unsealing of the indictment was calculated to draw attention away from the attorney general, and i think the u.s. attorney in the southern district of california who is prosecuting the case is entitled to a presumption of good faith until it is suggested or proven otherwise. i don't have any reason to suspect the timing of it. >> so the bottom line, everything about this superceding indictment seems perfectly normal, nothing unusual on his eu9s face, whether timing, who is bringing it, nothing peculiar about it? >> the thing that's most unusual is the timing because the indictment was true billed or delivered last fall and here with diitis eight months later. there's no reason to keep it

secret. i have no reason to cross examine or dispute that explanation. maybe i'm biased towards prosecutors, but i'm inclined to give career prosecutors the benefit of the doubt when they're handling their cases. >> the unsealing, would not a reasonable explanation for the unsealing is they're unsuccessful by keeping it a secret and now they have to go public with the reward and that's an effort to get them? it's just a different strategy to try to catch up with the people, the ones who were indicted? >> per usual, you are correct. i would also add this. it may well be that they tried various schemes to lure these four into the you states in an undercover capacity, and those schemes were unsuccessful, so after eight months, announced to everyone these are the four people we're looking for. if you help us find them, you'll get $1 million. >> would this change your view on the vote of contempt on the attorney general. i assume he was well aware of

the indictment all along. >> not one iota for this reason. he was not held in contempt of congress for his actions with respect to fast and furious. he was held in contempt of congress because he refuses to turn over documents not related to this case but related to a february 4th letter demonstrably false letter. there was a memo that came out last week that senator grassley made public that makes me even more convinced we did the right thing by sanging the attorney general. it's proven beyond any doubt higher level doj officials knew that there were problems with gun walking before they sent that letter, so this has nothing to do with sending a false letter to congress. i'm happy that they are making progress. especially for brian terry's family. they're one step closer to holding all of these defendants accountable, and for that, all of us in the criminal justice system or awful us as americans -- all of us as americans should be grateful.

it has nothing to do with not turning over documents. >> do you know when congress will take the civil co contemptd seek enforcement. >> i will see mr. boehner tomorrow and i promise i will ask him. it will be done by house counsel and not by oversight or judiciary. >> is that someone who is on staff for the house of representatives? the reason i ask is i'm always suspicious when people outsource to law firms and do it by billable hours. they're going to get hours. in my view, it could have been done faster. >> you would think if somebody was being paid billable hours for the amount of time. it was done in house by staff members who weren't paid any more than if they do it tomorrow or a year from tomorrow. my suspicious is because the of an article i read. the g.o.p. is on the verge of committing some legal mall practice. we don't want to draft the pleadings increablght and get

bounced out of court. that will be humiliating at a minimum. if it takes another week to get it right, and i know you're going to ask me. you asked a week ago, and i'll anticipate your question. i will ask speaker boehner to do it and encourage him to do it as quickly as possible to make sure the pleadings are correct. to the dragout knock down fight over tax cuts. today president obama urging congress to pass a one-year extension of the bush tax cuts for households making less than $250,000 a year. republicans say that amounts to a tax hike on small businesses. they want a one-year extension for everyone. aren't these extensions just bandaids anyway? >> why can't, first of all, why can't we get a permanent fix one way or the other? >> i think the answer to that is simple. i think the house republicans certainly would like to extend

the bush tax cuts and make them permanent, but we know this president is not going to agree to that. rather than just have politics as usual, we want to get something done and bring some certainty. one of the biggest problems is with our economy is we have record uncertainty, unprecedented. taxes have a lot to do with it. it's not just the president's health care plan. what it means is you'll have less jobs. we saw that in a very dismal jobs report. >> if certainty is so important to this, this s&p isn' isn't goo end. i suspect much of this will be done in lame duck session. am i right? >> i agree. >> which is very annoying. >> very much. >> because that's after the american taxpayers have a chance to weigh in on how it's done.

it also means there's a six-month period between now and november when you're losing sinks months to try to solve something. why don't -- why isn't congress, republicans, democrats, house, senate, why aren't you working on it now and actually stay in walkinwashington and not wait oe duck. >> that's part of the frustration of the freshman class. one of the words i would describe, how i feel and a lot of my colleagues is frustrated, but we're not going to be able to change this place overnight. we do need to take steps to do that and we're pushing, but i agree. the bottom line is i think there will be overwhelming support in the house on the republican side to make these permanent. let's bring the certainty that we need. it's not going anywhere in the senate. that's frustrating. >> if i were in congress, i would actually stay here and almost hold down the for the and say you know, i'm going to stay here and work and shame everybody else to do the same. >> we're here.

we're here all this week and next week. >> what about in august? >> listen, i'd be happy to stay if you told me that the senate is willing to pass a bill. i'd be here without any problem. we came here to work. we do work a lot of hours. we work seven days a week. the frustration is we know it's going to die in the senate. >> the senate should stay and work. >> absolutely. in the last year, how much has the senate done? the truth is the house has been extremely active. the senate came out early on, very early on and said we're not going to deal with any controversial because it's an election year. i think that's disgraceful. i'm here ready to work and my colleagues are ready to work but the senate consistent want to do it. the american people should be frustrated and hold their senators responsible. >> is there any way you would agree for a temporary tax cut for people under $250,000 or is that something you wouldn't consider? >> i think it's bad policy all the way around. we're ignoring what the real problem is.

the problem is we spend too much. we hit a trillion dollars. this is the fourth year in a row of trillion dollars deficit. the plob is our taxes are too high. we're not competitive corporate tax wise, and if you want to take those that create the jobs and tax them more, you're going to have less jobs created. it's bad policy for the united states. i can't support it. >> i hope you stick around here for the next segment. we're going to report on the $14 billion in overpayment of unemployment benefits. $14 billion. when you think in terms of trying to resolve our money problems, you might look to see, you know, where we're wasting. >> from the day we got here, the freshman class talked about this waste. for the american people, they should be so gusting with the amount of waste going on in the federal government. we should be looking to cut. every time we do, it's like hitting a brick wall. it's something that both sides should really come together. i know i'm willing to try and

work across the aisle. i'd like to see a little more participation by both sides. >> you're a former fbi agent. i said gowdy was a former prosecutor. you're former fbi. >> thank you. is it tax hike or tax relief or both? how do democrats explain the president's plan. we spoke with chris van holland a few minutes ago. >> nice to see you. >> great to be with you, greta. >> president obama said the last thing you want to do is raise taxes in a recession, the recession being an economic term. a lot of people feel we're in a recession that don't have jobs. now taxes under president obama's plan would go up for those making $250,000 or more, right? >> at the end of this year. there are two parts of the president's plan. the first part of the plan is the jobs initiative which has been sitting before the republican congress since last september which would help boost the economy. the other part of the president's plan is to have a long term deficit reduction plan

that's credible which is what every bi-partisan commission has recommended. as part of that you would have cuts over a period of time and you would raise revenue from the wealthiest americans over a period of time. >> over 250,000 and up, if you raise taxes on those people, do you agree with president obama's 2009 statement that that is the last thing you want to do? i realize you're going to throw out the name billionaire, but let's say for 250,000 to a million, those people? >> let's just be clear on the statistics. we're talking about providing tax relief to 98% of the american people. 97% of businesses. the issue for the economy is two-fold. one, getting things kicked in gear but also providing real confidence that we're going to tackle the deficit over a period of time, and you can't continue to say you're serious about the deficit without combining cuts which we've done some, we need to do more, with revenues from closing tax loopholes and getting rid of the tax breaks

for the wealthiest americans. if you're serious about debt reduction, you should do what every bi-partisan commission has recommended and couple those things together. >> every time i here talk about -- hear talk about handling the deficit, the first thing i think of is everyone, republicans and democrats, i realize your party doesn't run the house right now, but everybody has gone off and is looking towards lame duck to handle things like the deficit ceiling, all the bush tax cuts, all those sort of issues lame duck after election. if everyone is so serious about handling those problems, why isn't everyone right here, right now working 24/7 on the problem? >> well, what the president is proposing is we could actually get this done right now. >> all of it. it can't just be cherry pick what you want or what somebody else wants. it's got to be in easternest, e. >> the first is to provide some revenue by asking folks at the top to pay more.

that's what the president has called for. at the same time he called for tax relief for the vast middle class, 98% of the american people. he also said he's willing to make additional cuts. we made a trillion dollars in cuts over ten years. we need to do more through a number of reforms. the president has been very clear that he's willing to get it done now and what he's calling for today is to say let's provide the certainty that 98% of the american people will get tax relief. we can argue about the rest later. >> i think we can't argue about the rest later. that's my objection. a lot of this could be done in the lame duck. i really don't get it. i mean, i do my 3450eu job. i show up here every single night to do my job. i don't put it off until lame duck time. one of the issues that's going to be coming up, for instance, is the debt ceiling, whether we raise it or not. that won't be addressed before november. that's an important issue. >> the debt ceiling will probably hit sometime before the end of the year, probably not before the election. >> it's going to happen, though.

>> yeah. we've got to deal with the sequestration issue, absolutely. >> we're not doing that now. >> just speaking for myself, we put forward a proposal in the house of representatives today that would prevent the sequestration from taking place, a balanced approach for 10 years and an immediate one if people want to do it for a year. it was a misks revenue and additional cuts that are wasteful. >> if you go across the hill to the united states cincinnati which is dominated by your party, senator harry reid has not put up a budget to be discussed in the last three and a half years. it's both parties. i'm equal opportunity on this. there's a lot of gamesmanship and pointing figures. the job is not being done, it's pushed off to lame duck, and most persons don't have the pleasure of pushing their job off. >> that's true. we should be voting on the jobs package, the jobs plan that the president submitted to the house last september.

at least give us an up or down vote. give people an opportunity to show where they are. >> i'm game if we do up or down on the other issues. >> the senate had their up or down vote on the president as jobs ambulance. >plans.not on the budget. >> senator harry reid put it in his pocket, and that was the end of that. >> we had lots of alternatives. we presented a democratic alternative budget very close to the president's budget, and we should be clear. the president submitted a budget to the united states congress. >> he did. >> just on the issue of today which is sending a very clear signal that 98% of the american people should get tax relief. we have a difference of opinion on the issue of deficit reduction. we think that we should pursue deficit reduction in a balanced way like every by partl bi-partn

commission has proposed. that's what the president is saying. let's at least provide relief certainty for 98% of the american people. let's get it done today. >> congressman, thank you, sir. >> thank you. >> straight ahead, everyone knows our country is in financial trouble. you would think the government would be extra careful with your money, right? well, so how did our government just flush $14 billion down the toilet, and where did all that money really go? you'll find out and you're not going to like this. also, remember scott peterson, convicted of murdering his wife and their unborn son. right now he's rotting on california's death row. that could change big time. one secret weapon in his battle could be an interview we did on the record. who did we talk to and what did that person tell us? you'll see that interview and hear from that panel. plus, there's do donald trup news. he's getting a new title. does it have the letters v p

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>> here we go again. more proof that the government is really good at one thing, wasting your money. this time $14 billion going right down the drain. last year the federal government and the states overpaid, yes,

overpaid $14 billion in unemployment benefits. another way to look at it, 11% of jobless benefits paid were wrong, should not have been paid. why? well, there were clerical mistakes or in some cases, even fraud. how can that happen and don't they care? here's the co-anchor of markets now on the fox bissonette works. this is pretty outrageous. >> infuriating to think of $125 billion paid out in total benefits last year, $14 billion was overpaid. now, here's the thing. the feds say fraud is actually a really small amount. 2700 convictions last year and we had 10 or 15 million people getting payments. i think fraud is actually rampant. in 70% of the cases, the labor department says this is because people are taking payments they're not entitled to, because either they quit their job or were fired for cause. you're not eligible. they get a job and they still take the check they were getting before, or because various other

reasons. these people know that they're not entitled to that government check, and they take it anyway, greta, and worse, even after we know, this is what we know. i bet you it's higher than that in terms of bogus pments. we recover only 25% of it. it's lewi lunacy. >> the state of indiana gets the prize. report noted that indiana was the worst offender. the state made more improper payments than correct payments. they get that prize. >> over half of the benefits wasted. there's real people in trouble who are not getting money because their benefits ran out and who are at least unemployed. i mean, there's a case of a guy who was convicted for taking checks while he was in jail, although that kind of identity fraud is rare, they say. overall, here's our problem. when the government floods any market with billions of dollars in extra money. >> it's billions.

we throw these numbers around so much, and i think people sort of get used to the term, what a billion dollars is. this is $14 billion. do you have any idea what that could do to any state that's in trouble or anything? $14 billion. >> here's how lackadaisical the labor department is about its spending. as they tried to fix it and they're talking with states, they paid out $192 million in integrity awards to state labor departments to help them learn more about the guidelines and let's do a better job of making sure we don't pay this money to the wrong people. it's unbelievable. $200 million to help us do what was obvious in the first place. >> you diswrux at a pos juxtapot the work in washington that's crushed and done at lame duck. right now. go figure. anyway, dennis, thank you. >> thank you. coming up, the r word. repeal. and it is starting. house republicans officially

starting their push to repeal obama care. what are republican senators doing? senator orrin hatch goes on the record next. also, do you remember scott peterson? it's been eight years since he was sent to death row to await execution for the murder of his wife lacy and unborn son conner. now his future may be different and it may hinge on what one juror told us on the record. you'll see that interview again and hear from our legal panel coming up. event. now get an incredible offer on the powerful c250 sport sedan. but hurry before this opportunity...disappears. the mercedes-benz summer event ends july 31st. begins with back pain and a choice. take advil, and maybe have to take up to four in a day. or take aleve, which can relieve pain all day with just two pills. good eye.

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>> republicans have vowing to repeal obama care, and today's promise house republicans officially launched their efforts. the rules committee met tonight and getting the health care repeal ready for tomorrow's debate. the vote comes wednesday, but that's the house. what do republicans in the democratly controlled senate plan to do. senator hatch, nice to see you. >> i know you're opposed to the president's health care, i know you know what the supreme court decided. i know how the house will vote on it, but the united states senate dominated by the democrats. is there anything the republicans in the senate intend to do or can do? >> i have to say that when do believe the selection is important to determine whether we have to go with this awful health care bill or whether we're going to repeal it and replace it. i believe the way that has to happen is for mitt romney to get

elected president, and i think bringing in enough republicans to take over control of the senate. at that point i would be chairman of the finance committee. of course, one of my biggest goals would be to straighten this whole mess out. >> have you heard at all from senator majority leader harry reid since the supreme court decision? has he said anything at all about health care? >> not much. the democrats were elated that the health care bill was held to be constitutional. however, that's maybe too small of an opinion because actually when the chief justice basically called the medicare expansion unconstitutional, that was a very, very big part of that. i've been predicting that. i think i'm the only one who was predicting if i had my way, i would have held the individual mandate unconstitutional, but i would have certainly said you can't force the state to take more and more medicaid recipients and when they know that the monies aren't going to be thei there in the future. >> how does governor romney get out of the two-step he's in?

his assistant or his campaign leader said that it is not a tax, and then the governor comes out and he says it's a tax. he's getting hammered from both sides. how does he walk out of this? >> i think the flip-flop is really on the part of president because the president argued that it was tax all the way through the legislative process here. the president and his allies argued that it was a penalty, and now all of a sudden it's a tax so that it would defeat the republicans approach toward the individual mandate. now they're trying to say well, it's just really a penalty. unfortunately for them, the majority of the members of the supreme court held that it is a tax, and therefore, that means that well, if you talk about a tax, that means about 77% of people earning less than $120,000 a year are going to have to pay it. by the way, 10% of the people earning less than $23,000 a

year, the poverty level, have to pay that tax as well. it's going to be a devastating think tthing to those not earnit of money in our society. they're trying to get away from it by saying oh, well, it's a penalty. no. the supreme court has held it's a tax. it's a tax. >> the news of the day, of course, is president obama wants to extend the bush tax cuts to those who make under $250,000 a year. vice-president biden is in missouri campaigning. he said that the g.o.p. is deliberately hurting the economy. your response to the vice-president and also to the new tax. >> you know wha what's going tot the economy? if we go to what the "washington post" called taxmaggedon. it will be the highest increase in the country and it will hit just about everybody. >> president obama said he did 18 tax cuts. he threw out the number of tax

cuts. is he cutting taxes for americans? >> anybody who believes that hasn't looked at the record. $500 billion in tax increases alone in the obama care bill. their whole goal is to get more money so they can spend more money and claim they're doing a lot of good for the american people as they run us into bankruptcy. i just found out today, and i knew it was so, that we're now -- that our national debt is 103% of the gdp. think about that. 103% of the gdp. spain, which is in real trouble, is like, what, less than 70% of gdp. that tells you something. >> you know, i'm curious. we expect a very busy lame duck activity here on capitol hill after the election. there are issues having to do with the bush tax cuts, the extension, there's the question about the debt ceiling, whether that's going to be raised because we're pushed up against it. why not do this now? why not all the republicans and democrats start working on this

right now before the election? they have six months to get ahead of the game. instead, everyone is waiting until after the election. >> the republicans i think are willing to do that. they're not willing to go with the largest tax increase in history. >> let's start talking about it. let's start moving the ball forward. >> i think we should. we've actually said look, let's put this over for a year during which we really concentrate all of the efforts of the congress on reforming this awful tax code, and getting things under control. i think that makes sense, and i think at least six democrats now seem to be saying that makes sense. there will be more than six as time goes on. >> you can see more of our have interview with senator hatch. coming up, scott peterson's fight to avoid execution by lethal injection. he was convicted of murdering his wife and unborn son, but now could a juror interview be the key to setting peterson free? it's an interview that happened right here on the record. you'll see it for yourself and

our legal panel joins us next. and in a few minutes, pat buchanan gets himself in a bit of a bind, especially with women. what did pat say that was caught on camera? you can see for yourself. it's two minutes away. see froms attractive graph atth our sales have increased by... sorry, my liege. honestly. our sales have increased by 20%. what is this mystical device i see before me? it's an ultrabook. he signed the purchase order. with an ultrabook, everything else seems old fashioned. introducing the ultra sleek, ultra responsive ultrabook. a whole new class of computers powered by intel. mine was earned off vietnam in 1968. over the south pacific in 1943. i got mine in iraq, 2003. usaa auto insurance is often handed down from generation to generation. because offers a superior level of protection,

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>> raising eyebrows over the weekend, pat buchanan said he hopes a woman won't be elected u.s. president in his lifetime. now some people are wondering if pat was joking. here's how it all unfolded onfo. >> when will the united states elect a female president? when? >> do you want a year? >> i want a year. >> 2040 or 2050. >> that late? >> let's hope so. >> oh. >> did you hear that? >> how about 2016? >> pat buchanan later said he was joking about his 2040 comment, but he main maintains t

will be a long time before a woman reaches the oval office. we want to know what you think. was pat buchanan joking or was he serious? go to gretawire.com and tell us what you think. we're back in two. every communications provider is different but centurylink is committed to being a different kind of communications company. ♪ we link people and fortune 500 companies nationwide and around the world. and we will continue to free you to do more and focus on what matters. ♪ ♪

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>> scott peterson convicted of murdering his wife and unborn son. could he get a new trial and walk free? that's in 60 seconds. let's go to new york where ainsley is standing by with the heads lines. >> it's official. the continental u.s. has set a record for the hottest first six months in a calendar year. weather trackers tell us more than half of the lower 48 states have experienced record heat. even the northwest has seen above normal temperatures this year. the blistering weather blamed for more than a dozen death, destructive wildfires and drought conditions in the nation's farm belt. the fbi now part of the effort to raise a yacht which sunk from new york's long island sound on tuesday.

three children died when it capsized on a trip to watch the 4th of july fireworks. there were 27 family and friends on board. safety experts say the yacht was severely overcrowded. the children were trapped below the deck when it sank. a funeral was held for one of the children on monday. two services on tuesday. can scott peterson cheat death? right now he rots on california's death row, eight years ago in a trial that became a national tv event. he was convicted of murdering his pregnant wife, lacy, and unborn child. prosecutors said he dumped her body from his boat into the san francisco bay. he appealed his death sentence on pretrial pu publicity, and perhaps most importantly the jurors experiment in the boat. while viewing the boat, some jurors went in the boat and one of them went on the record and told us why. could it be the interview that gets peterson a new trial? take a look. >> why did you want to get in

the boat? >> because there were questions about the stability of the boat, that when we listened to expert, i don't think those questions were answered in our minds. we needed to have a little bit more to that, and i climbed in the boat, and you know, to look like everybody was saying, at pictures, it didn't mean much to us. not being able to get in the boat originally, when we walked out there, we were like hands off, kind of walked around with our hands in you ar our pockets. we didn't know what we could co. when we got to the deliberation, we said can we look at the boat? can we physically get inside the boat? when the judge agreed to it and he asked i believe the rest, you know, the defense and the prosecution and they said okay, that's what we did. we did it. it was just a a matter of getting an idea of the boat, looking at it and a picture didn't speak much. >> greg, the description the judge gave in court is that you got in it and you rocked back

and forth or jumped up in and down. how would you describe what was done in that boat? >> we tried rocking it. one of them was standing -- one person was standing up and another person was kneeling. i was the person kneeling, and we were trying to show what was the boya buoyancy. we were directed to realize the boat was not in the water and the situation, the reaction would be different. we took that into account. we said that we understood that. we acknowledged that. >> rocking the boat, does that alone give scott peterson a shot at a new trial? our legal panelist is here. jim, as a former prosecutor, your thoughts about the fact that the jurors were allowed to get into the -- into this boat on a trailer in a garage during deliberations, you're shaking your head. >> yeah. you and i were there, greta, and

when it went down, we talked in real-time in redwood city, and i knew instantly it was a big problem. in temps the appeal, was it a mistake? yes. jurors can't create evidence. they can't experiment. the defense doesn't get to comment or cross-examination or comment on it. is it an important mistake? yeah. the important question, is it harmless error. >> how can hav a violation -- wa second. how can the violation of a constitutional right of cross-examination ever, ever be a harmless error? it's a constitutional right. do you agree he was denied his right to cross examine the evidence? >> technically speaking, but greta, i've seen court of appeals opinion and so have you with very m minor violations. >> i have not. >> the court rules the evidence is so overwhelming. they could frame it otherwise and say it's a reenactment. a tough case on appeal, no doubt about it. >> i believe scott peterson is

guilty. i saw the trial. the constitution is the constitution. >> i mean, for our viewers out there, what jim is talking about is let's say everything described i to that juror, that they did is absolutely fundamentally constitutional wrong. if there's other evidence, a confession or an eyewitness, it will make it harmless beyond a reasonable doubt meaning no harm, no for you this isn't a close call. this is a death case. jurors are trying to determine the buoyancy of a boat on land. i was born at night but i wasn't born last night. >> the question was whether or not scott peterson could have thrown the body from the boat, whether the boat would have stood up. there's another very important piece of information. ted, you may remember this. the defense lawyer at the time had actually done a video reenabilitiment ienactment to se stability or instability. he wanted to introduce it in evidence and the judge said no

as to water, yet he let the jurors get on it on the trailer in the garage. >> i think if the judge walk it back, he would. he cannot walk it back. it is certainly a constitutional error. there was no possibility and opportunity to cross examine these jurors. you never want to dawrk he has a constitutional right. out in california the evidence in this case in one instance was overwhelming. as a result of that, don't be surprised if they hold it up as harmless error. >> jim, whether or not the boat was stable or not really makes a difference whether he could have committed the crime or not. it's not an insignificant or collateral issue. it's key to the case. >> i agree. greta, quick example. this is what the debate will be involved. the question is, is this more like looking a gun, perhaps pointing it and looking at it or

is it like going to the internet and finding new evidence. the layer, of course, looking on the internet, the conviction gets tossed out. if he look at tha at the gun, it reversible. >> the juror said it's about the stability of the boat. we've gotta go. thank you. straight ahead, former secretary of state condoleeza rice said she didn't want to get back into politics. did they change her mind? the latest coming up. that's next. he's done it again. governor chris christie. what did he say this time? you'll hear it for yourself because we got it caught on tape coming up. all multivitamins give me the basics. they claim to be complete. only centrum goes beyond. providing more than just the essential nutrients, so i'm at my best. centrum. always your most complete. st $14.99. start with soup, salad ancheddar bay biscuits

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>> you've seen our top stories. here's the best of the rest. new jersey governor chris christie comes out swinging against president obama's health care law. get this. the outspoken governor used the word extortion to describe the medicaid expansion. now, that is the part of the obama care that the supreme court limited, but that didn't stop governor christie from speaking his mind. >> i was glad that the supreme court ruled that extortion is still illegal in america. i mean, that's a relief because obama care on medicaid to the states was extortion. it essentially said you expand your program to where we tell you, and if you don't, we're taking all the rest of your money away. that's extortion, you know. it was in a whole bunch of nice

words in a bill, but it was extortion. i'm really glad the majority of the supreme court supports the proposition as a former prosecutor that extortion is still illegal in this country, even when done by the president of the united states. >> governor christie did not say whether new jersey would opt out of the medicaid expansion. we're waiting to find out. former secretary of state condoleeza rice is jumping right back into politics. well, sort of. she's not running for office herself but she's making an endorsement. secretary rice is throwing her support behind arizona congressman ben quayle who is running for reelection. he's facing a tough primary battle. the arizona primary is august 28th. and in georgia, a little league game ends in a major league brawl, but it wasn't the kids fighting, it was the adults. check this out.

>> now, it turns out the fight started when one man asked the other to turn down his music. both men were charged with disorderly conduct. and a fight for the right to drink soda and lots of it. protesters in new york city taking part in the million bingo march. they're protesting against the new york mayor's crack down on super size drinks. mater wants to ban the sai salef large containers of sugary drinks. critics say the government has no right to tell them what to eat or drink. coming up, your last call. when we turn down the lights,

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>> greta: 11:00 is almost here, flash studio lights, it's time for last call. real estate mogul donald trump is getting a new title. mr. trump named sarasota g.o.p.'s statesman of the year, local party giving hip the honor the day before the republican convention starts in tampa. what does trump have to say? he tweets i am truly honored to have been chosen statesman of the year by the republican party of sarasota county. lights are blinking and we're closing down shop. make sure you go to greta wire.com right now. there is an open thread. tell us what