so frankly, it's an open web site. anyone could have looked at it. that seems to be one of those basic steps that should have been done is monitoring of the cyber. it's interesting that monitoring cyber on the counterterrorism side is also made this transition on the corporate side day-to-day, we're seeing corporate clients also want to go monitor social media to detect different types of threats. not terrorist. >> not terror. right. >> hostile takeovers maybe. >> okay. there has been some controversy with what the nypd did, the survey on some criticism on the associated press and others saying, you're intruding on ethnic communities or muslim communities for their faith. how do you respond to that kind of criticism? >> i think it was really

unfortunate because the ap's articles were misinformed. they actually took different programs and conflated them and made them seem sinister. all of the programs that nypd was involved in fit into a rigid legal structure called the handchew agreement. it was a mirror image of the federal guideline that the f.b.i. has to deal with as well. the attorney general guidelines. in order to use an informant or undercover, one had to meet a certain legal predicate and if you didn't meet that legal predicate, you couldn't open the investigation. if you had you had an ongoing investigation and you no longer were meeting that legal predicate, it was my job to advise that the highest levels you've got to shut that investigation down. so there was oversite internally on this process. >> there has been no change in the new york pd behavior in the wake of any criticism from the courts. thank you. >> no, not at all. >> thanks for being here. when we come back, questioning

the surviving bombing suspect gets cut short, possibly sacrificing valuable intelligence and the f.b.i. and c.i.a. both fail to heed warnings about his older brother in the runup to the boston attack. has the u.s. government let its guard down in the years since

that is troubling to me. that this many years after the attacks on our country in 2001 that we still seem to have things that prevent information from being shared effectively. >> susan collins getting at the question on many people's minds in itself wake of last week's boston bombings. did the feds drop the ball. >> we know that russian officials contact the u.s. government at least twice warning about tamerlan tsarnaev warning them about his possible radical excavation. we also learned this week that younger brother dzhokar tsarnaev

was cut short when the federal judge read him his independent rights possibly sacrificing valuable intelligence. we're joined by the our board. matt, terror. in hindsight it's 20/20 and this is big attack since 9/11. what stands out to you so far about this event? >> two things. one that the f.b.i. and the c.i.a. had him on their radar screens. they had him in 2011. fwib went to see him question him, went through things. when he went to russia he had been radicalized for six months, the f.b.i. and c.i.a. didn't know he left apparently. although the department of

homeland security did foe but came back six months later. but it turned out that someone at boston airport did know. >> paul: so that was one of big lessons of 9/11. you share information so you know who these people are. is this how a bureaucracy behaves. >> they are bureaucracies, they are big complicated cases. he was on four list. one listed had 700,000 names on it. how can there be 700,000 names on list like this. that is sizable, good sized american city. it's pretty clear at this point that these bureaucracies have slipped slipped back into habits before 9/11. question is why is this happening. >> paul: should he have been t tar far maybe some type of wipe

tap warrant by a cyber unit if he posted jihadist videos, we would have been watching it. >> the real thing here, the f.b.i. says because we checked him out, he was clean then, we really didn't have any right to go back and see him. >> paul: what does that mean. they went to a court for us to get a warrant. >> because our time in russia, if they had known it, they would have to go back and monitored his online traffic, but i think the other thing that is amazing to this case after the bombs went off. they were on a list for the f.b.i. to check out. somehow the f.b.i. in boston did not identify for putting the photos they have and prevented the killing m.i.t. officer. >> paul: they could have been in a car and long gone from the city or gone on a flight. >> let me propose something. we have been asking these questions for days. the senate has been asking these questions. we do not have answers.

these bureaucracies themselves are not going to supply the answers. i think we probably do need a second 9/11 commission to look at this particular issue and see whether we have to rebooted these bureaucracies. absent a commission that really asks everybody what was going on you will never get to the bottom of this. we really need to get these answers, the question is how do we do that? i think that is the reason to do that. >> paul: congress is only way. what about the miranda warning issue. the judge marched in and f.b.i. claims stopped what had been an investigation without a lawyer. that is when he stopped cooperating. >> they were in the room apparently and after only 18 hours of interrogation. >> paul: miranda warnings relates to what would be admissible in court. there is plenty of evidence already likely to convict this fellow. that is not the point of interrogation. we want intelligence to prevent

future attacks. to make sure we can break up any current terror networks. >> they invoked the public safety exception, but the more important point, he should have been treated as a potential enemy combatant. we want to know not only what they were trying to do but who his brother and he was in touch with. how was he radicalized helping them or giving any know how. >> and that combatant designation could be withdrawn later and then sent to civilian court. when we come back, as the roll out continues, is obamacare unraveling? one of the chief arc tektsd seems to think so. he is predicting a train wreck and getting off before the

♪

♪ >> paul: well, who could blame them. political website reporter that congressional leaders from both parties have been in secret negotiations to exempt themselves and their aides from obamacare exchanges. harry reid flatly kenz this comment as one of chief arc tickets announces his retirement but not before issuing this warning to kathleen sebelius about the healthcare's roll out. >> i ee a huge train wreck. i don't see any results yet. what can you do to help all these people around the country, what in the world do i do? i don't know what to do. >> paul: editorial page editor james free man and joe rago join us with more. james, say it ain't so, exempting themselves from obamacare?

>> you have to remind yourself the clip from marcus, that is one of guys that liked it when it passed. he helped write the bill. basically this as been anest for years ever since they have been working on the bill wanting to make sure this wonderful experiment they are about to impose on american people doesn't hit members of congress and their staff. negotiations may be a strong word. i'm told that democrats harry reid, hoyer reached out to republicans. the democrats' view they are clarifying that part of obamacare they are also going to keep the great benefits they already have. >> paul: the subsidies that flows through the federal program which a great program would continue under the exchanges because the healthcare exchange is supposed to keep all the healthcare. if you got it, you can keep it. now people are saying the insurance and the exchanges will

be medicaid plus which sounds a lot less inviting? >> right. that is what the insurers are privately calling very high cost. not the benefits that members of congress have gotten used to over the years. this idea this is just a technical glitch, we're making a fix here, the entire bill is one long technical glitch. the idea that they are going to force this on the public without taking responsibility for the consequences i think is going to harm this even more. >> paul: i can't understand why john boehner would consider this. i remember 1994 when the republicans took the house this was one their main claims. we're going to apply the laws we apply to everybody else to congress. that was popular. this seems to be beyond belief. >> they are going to drive that approval rating down to zero. it can't get much lower. there is a political point.

i'm going to draw a line something james said. barack obama and the entire left wing healthcare community for 50 years want to do this. they said this was going to be the best social program in decades. now, people are literally trying to flee from it, from the congress, to unions out there in the country and to big corporations. nobody wants to go into obamacare. now, can the problem is this is going to start creating political erosion for the president. he just lost this gun control vote in the senate. this is bad news for him. he is only three months into his second term. >> paul: is this idea dead, congress is going to give it up now, it's been exposed? >> i think it's dead as long as republicans hold the house. there is a long history here. democrats have been trying to get out from under obamacare since 2009 when it was being created. chuck grassley, iowa senator, kept pushing to get this part of the bill, you've got on eat the

dog food too, congress. they fought on that every turn. i would think this is going to continue unless republicans continue. >> paul: the broader contours of obamacare, rolling out starting in october, that is not going too well either? >> no. hss run out of money for implementation. they have another affordable care act slush fund to exchange implementation. you are seeing rates are starting to be filed much higher 20-30% for younger consumers. even a hundred percent, 200%. in maryland which price controls are in effect already. you are not seeing the smooth, well-oiled machine the president promised. >> paul: it could be a political liability for the president if people begin to see the promises

haven't been kept. we have to take one more break. when we come backóo

>> paul: time for hits and misses. >> the george w. bush library opened in dallas. on the other hand they are going to archive this bush presidency's 200 million emails. they a back to writing on stone tablets. >> all right. joe. >> we're turning off the sequester this week for air traffic control and i'm glad our flights won't be deliberately delayed. i think this does send an unfortunate message, do a bad job government. if you deliberately sabotage

your own operations we'll get into your demands. white house political strategy backfired it would have been better to privatize air traffic control. >> paul, we have a disappointing economic report. what is new era of obama economics. 2% growth. i would like to give a hit to american businesses to do pretty well in a tough environment with a lot of bad policies. president obama started out the quarter with a tax increase, ended up spending the rest of it and warning people about the sequester and the end of the world. all things considered. credit to american businesses for hanging in there. >> paul: and it's going to keep going or are we going to see another slowdown? >> it looks like a lot of years we've had recently. it starts out promising and then not betting on the rest of the year. >> paul: if you have your own hit or miss, please send it to us and be sure and follow us on

twitter at jer@fnc. i'm paul gigot. hope to see you here next week. >> jon: another busy week in the news business. the investigation on the boston bombings in full swing. details emerge about the terrorists and their plot. federal officials try to explain how and why one terrorist flew under the radar even after they knew he was a potential threat. the suspect's parents claiming it's all a setup. their little angels and another terror plot uncovered in eradicate. abortion trial goes to jury. the details are too much for some in the media. associated it is gets punked with a fake tweet. and a former president celebrates his legacy.

the stories made the rundown. find out next on news watch. >> on 9 panel this week, judy miller. cal thomas, jim pitchinger ton and el an ratner bureau chief of talk radio service. i'm jon scott. fox news watch is on right now. >> jon: nearly two weeks ago, two bombs exploded killing three injuring more than 260 in boston. terrorist act hijacked media coverage. press going out to cover every angle of the developing story. let's start with a fox news poll

how this coverage was perceived. when it came to approval ratings of the various agencies and authorities involved. law for the time got a 91 approval rating. obama administration got a 71% approval rating on the handling of boston marathon bombings and media got 55%. does that surprise you? >> no, i think the media had a tough time struggling with the to be first and being accurate. since then we have seen four stories bubble up. the first was the effort to blame it on taxpayers and andrew wrote a great piece, ten worst media moments, the suspects as chris matthews. >> jon: we'll get to him in a minute. the. >> the other stories, he acted alone. they weren't influenced.

they no immediately according to brian williams, there were no foreigners at all. they went from is there to obama administration did fine. so whenpper said we connected all the dots. it was like napolitano three years ago, that is the latest story. the fourth one only fox news and megyn kelly was interested in, why were all the guys on welfare. we financed the phones to help make the bombs. >> jon: judy, you took note of the piece bernie goldberg reported. >> after a while, i said to myself, yeah, sure, i'll believe it when i see it. this is not good for an american institution whose credibility rating is somewhere around used car dealers. we need a mainstream media that we trust. >> yes. i think that bernie goldberg

pointed out some of the worst mistake that has people made. the column really focused on those errors. i think cnn talking about the f.b.i. and law enforcement looking for a dark skinned individual, the posting of two photos, quote, bad men as the "new york post" pointed out and it turned out to be innocent people. there was a terrible story of a 17-year-old student that was listed as a suspect. there was a lot to apologize for. >> jon: kathleen carol of associated press said this. we took a shellacking for reporting that a suspect was in custody, when as the hours passed, that information begin to look wobbly. how does something like that happen? >> because there is a rush. there is a rush to somebody get

it first and get it right. that was philip schwartz said that. the "washington post" said ap used only one anonymous source. i do have to saying read all week the boston globe has done an amazing job this week. >> jon: then chris matthews, he took some heat, in the bombings on right wing home-grown militia types. they put together a cartoon as a result of chris math use. >> as kid we had a party game. birthday party, pin the tail on the donkey. people like chris matthew want to pin the blame on something like this on right wing extremists. folks that hide out in the president's for the second or third coming. the great reluctance of media, they want to withhold judgment

on muslims. they want to withhold judgment on muslim terrorists. they don't want to make the connection. they play along this together. >> there was reluctance to even call it terrorism do you have wait for the government to call it terrorism? >> you have to wait for president obama to use islamic terrorism in the same sentence. the media don't want to make the administration look back. this is their are a chill ease he will. we have political correctness going back to the previous administration. the media are part of it. >> jon: it had banana long, long time since 9/11 attack. do you think the media sort of dropped the ball of encouraging public awareness, if you see something, say something? >> i think it's part of what jim was talking about which is playing into president obama's narrative of the middle east. we don't have to worry. problem solved.

war in afghanistan is over. no problem here because i got osama bin laden. guess what? radical islam still exists and there are people that pose a threat to this country this was a terrible wake-up call america again. >> and they made an excuse for terrorism like this piece that appeared on front page of "time magazine", did boxing damage play a role in the boston bombing, suggesting that tamerlan tsarnaev's brain may have been traumatized during the year he boxed. that may have explained what he decided to do in that. >> i happen to be a person who is actually passion putting people under an mri machine and find out what happened. i understand. what is really interesting as we go forward and not any media

stories about that, what do the hippo logs going to do with some of this information that perhaps that is dangerous. that is whole area to be explored. >> jon: then there was tom brokow on meet the press. >> we have to work a lot harder. what prompts a young man to to come to this country and feel alienated and go back to russia and do what he did. there was 24/7 coverage on television, a lot of newspaper print, but we've got to look at the roots of all this. it exists across the whole islamic world around the world. >> jon: how about a young man embracing the freedoms and opportunities it gave him. >> this is part of many of government of the problem. form la is wrong. if your formula is wrong your answer will never be correct. it isn't about what we do or

don't do. it isn't what israel does or doesn't do. it's about the ideology and application of religion and media don't get this. >> jon: all right. next on news watch, bush 43 back in the news. >> the people that knocked these buildings down will hear from all of us soon. >> his legacy on review as the bush presidential library opens in dallas with big names and big media attention. was the coverage fair or another chance for the press to push their anti-bush agenda? the answer is next on news watch.

what would your legacy be? >> i do have a story and i remember calling you and other members of the senior staff and telling you i finished a

biography and analysis of this presidency. if they are still analyzing washington, those are us in bush 43 administration we don't need to worry about short term history. there needs to be time in order to determine whether the decisions of any administration make sense. >> jon: president george w. bush hosting obama and three other former presidents for the dedication of his library. it gave the media an opportunity to do a little bush bashing and some of the old lines came back. >> i think president bush had a pretty good week. the event itself was pretty powerful. i think his strategy over the last four years of being quiet and not getting in every last argument. has help from unexpected, ellen ratner wrote a nice piece,

president bush has saved more lives than any other president in history. with his work in africa. he is never going to be media's favorite president by a long shot but his coverage is following it. >> jon: and he has him 47% approval and 49% in a fox news poll? >> even a basher of president bush joan walsh talked about how his numbers have changed. even people who did not like him and continue not to like him had to recognize in the media that his numbers have changed. >> there were two good columns on "washington post", one by the former writer and even more powerful by charles krauthammer. his central point, whatever else you wanted to say president bush he kept the country safe. there was not another domestic terrorist attack under his watch and that counts for a lot. >> why the focus on failures in

the media coverage? katrina and the poor intelligence on the gulf war? >> possibly bush bashing nostalgia because it's clearly something bashing a president haven't been doing lately for the past five years or so. also, i think there was a steady drum beat on the part of the left. there was in that same rush column that you referred to, ellen, she also called him the worst president in history. she suggested the reason he was getting the republicans were climbing on board and being nice to him they are cleaning up the mess for jeb bush. [ laughter ] >> for example on the night that diane sawyer had a exclusive interview with the former president on nbc news which didn't get the interview, david gregory savaged him for three minutes. first image was president bush

on the abraham lincoln, not his greatest day and nbc made it clear, if you don't give us the interview we will sock it to you. >> jon: ellen, i am guessing you didn't vote for george w. bush. you are praising his work in africa. president obama and carter praised him. why can't the media? >> most of these guys that rise to the top, they are all mixed sort of organizational people. they do some really good things and really bad things. if you come to washington for any period of time, that is pretty much everybody in this table has you get to know that. >> jon: journalism is the first draft of history. what effect will this kind of coverage have on his legacy? >> it all depends. it depends on who writes the history. i think the president in that little soundbite was right, they are still analyzing george

washington. who does the writing. the key is the result in iraq and the middle east what happens has a lot to do with what who writes what in the future. >> will steven spielberg do a movie. >> will the media get shamed to covering a gruesome trial. >> an abortion doctor accused of murdering live babies from botched abortions and the media accused of a coverage blackout. a bogusap tweet reveals a potential disaster.

abortion doctor on trial for murder accused of killing four babies and female patient. case in the hands of a jury has

not received the front page coverage it probably deserves. one critic has been frequent news watch panelist kirsten powers. since the murder trial began march 18th there has been precious little coverage of the case that should be on every news show and front page. revolting revelations of his former staff who have been testifying to what they witnessed and did durin term abortions should shock anyone with a heart. so, the reasons for the lack of coverage according a fox news poll, 41% say media bias, 26% say the story was too local. 17% say it is simply too gruesome. jim, what effect did kirsten's article have? >> i think she screened the country away to borrow a phrase from the "new york times" actually. give credit to one person with a real strong voice that something

is important. i do agree with the analysis from the poll there. i think those are exactly the reasons and too gruesome to get in to and final is media bias. >> jon: so there is a media blackout? >> in some cases, in murder trials there is almost nothing that is so gruesome or unappealing it can't be covering. gna did a ten part series on the jodi arias trial. come on. this a case that should have been covered but it wasn't because in part because of bias of the media. >> jon: an nbc political analyst and talk radio host said this. no sense of guilt is warranted. there is no cause or connection of coverage in this case and bias to the trial was being ignored the oblivion extended to both ends of spectrum and more

attributable to grisly evidence. >> jon: does he have a point? >> he does but he also pointed out, he actually took kirsten powers and put her in the column and made the encloses bus dispatch and melinda pountd out in the "washington post" there had been no inspection in 17 years. the press did not pick up on that. >> jon: is it the fact that reporters generally seem to like abortion rights, their judgment is being clouded by the fact of this case? >> i don't think there is any question about it. there are two ways to be biased. in the way you cover a story and the way you don't cover the story. by not covering this and not showing us the pictures and not smuggling in cameras like think have done with some of the pregnancy centers to show alleged misinformation handed out to women.

but compare it to the overcoverage of the michael vick dog story. the quarterback of the philadelphia eagles and the media were all over michael vick and pictures of dead babies. it's okay because it advances a policy they favor. >> jon: one correction. he was at the time for the quarterback for atlanta. now, he is with the eagles. >> oh, i'm a redskins guy. thank you. >> jon: associated press was hacked on their twitter account. the bogus tweet said that president obama was injured at the white house and market took a deep dive. it wiped out $136 billion of s&p 500 in a couple minutes. ap caught it and call it bogus. they reported the president was fine and the financial markets recovered. the question, does it show an

overreliance on twitter and journalism and finance? >> it certainly does. u.s.a. today had a good article, welcome to the face of modern terror. this is what cyber terror looks like this. >> is the problem and challenge that the government faces. >> jon: is the lesson learned here? >> i don't think so at all. bloomberg had a piece on high frequency trading. we're going to learn about certain companies that sell twitter information to these hedge funds that run these algorithms. nobody had any idea what is going on. like the london case, we find out after the facts. >> jon: next, on news watch. what is a better job on do you think, a garbage man or a reporter? e credit score's redesigned site has this new score planner tool with these cool sliders. this one lets us know what happens if we miss a payment. oh. this one lets us know what happens if we use less credit. yeah. what's this one do?

i dunno. speaking mongolian. score planner is free to everyone. free score applies with enrollment in freecreditscore.com mongolian slider still in beta.

>>. >> jon: career cat.com released annual job ratings. 200 jobs and rates them, income, stress related to each position. top three, actuary, biomedical injury gentleman and software engineer. number 87 is is a sewage plant operator. number 160 garbage collector, number 187, dishwasher at the very bottom of the list, number 200, a newspaper reporter. no surprise considering ever shrinking news rooms and

competition from the internet and high stress to meet short deadlines. that is a wrap on news watch this week. we do not. i'm angry. leavitt that. ♪ john: who cares? a slightly different code means you have been struck. 13,000. john: government mess. >> obamacare is working. >> this is a simple, strong, good thing. john: and then there is free-market. >> my cell phone, my e-mail address. >> the long-term players in the medical business need to be pushed to a new way of looking at things. john: well will be the new way? government? free-market? and what happens when the conflict? >> thereof the criminal. >> are you still there? john: i hope so. any hint to treat my dog. will that be legal? free-market medicine. that is our show tonight.