>> steve: jimmy conners has a tell all book. jack hannah drops by and brian will drop an animal. >> brian: probably. if it's slippery. >> gretchen: have a fantastic day, everyone. see you tomorrow. martha: thank you very much, you guys. we start with this fox news alert. there are new reports that the irs targeting of tea party groups may just be the beginning. according to "the wall street journal" in a story this the irs actually went way beyond the tea party. they focused on any groups using words like constitution and patriot in their scans. anybody that was not happy with the way that the country is being run. there is a look outside the irs building. and good morning to you, everybody, i'm martha maccallum here in "america's newsroom.". >> happy monday morning, martha, i'm gregg jarrett in for bill hemmer. of a the irs admitted to targeting any groups with the words tea party or patriot there are reports that the abuse went a whole lot further including groups that deal with government

spending, even the constitution. lawmakers on both sides of the aisle calling for an investigation. >> the conclusion that the irs came to that they did have agents who were engaged in intimidation of political groups. is as dangerous a problem the government can have and i don't care if you're a conservative, a liberal, a democrat or a republican, this should send a chill up your spine. this is something that we can not let stand. it needs to have a full investigation. i don't know where it stops or who is involved. whoever is involved, through a fact-based investigation and it has to being external. clearly shown they can't do it themselves. martha: serious stuff. let's go to chief congressional correspondent mike iaea manual who joins us live. what can you till us about the latest on that. >> reporter: fox news confirmed a pro-israel group called z street, it was targeted by the irs because it opposed president obama's on israel. that also suggests it was

going after groups connected to israel. this leads some to say this has to be bigger than low level irs staffers. >> i don't know whether it came from the top or the not. what i know is that there is no way which a couple of low-level employees out of cincinnati, ohio, who had this much influence that could affect so many groups across the country. literally it was coast to coast. >> reporter: "the wall street journal" reports that the irs was looking at groups involved with such issues as government spending, debt, taxes. the groups that say their goal was to make america a better place to live and more, martha. martha: a lot of people say the president must respond to this and quickly. what about lawmakers, what is their next move, mike? >> reporter: so far we've heard mostly from republican outrage because the indication conservative groups took much of the heat. liberals noted that it could be progressive or liberal groups that are targeted. california senator dianne feinstein expressed concern what she heard. extra scrutiny to particular

groups. she wants to know why. the house overnight chairman says a friday afternoon apology by the irs not nearly enough. >> forgiveness comes with a cost. the irs has to show that there are measures to punish those who did it. and to prevent it from happening in the future. and those are pretty important, particularly after you realize that high-ranking irs officials knew two years ago this was going on and continued having denials until a few weeks ago. >> reporter: ohio republican congressman michael turner is planning to drop legislation today, called the taxpayer nondiscrimination and protection act of 2013, trying to further protect discrimination against groups because of political speech or expression. firing somebody is the harshest penalty. turner's pen bill would increase the penalty to $5,000, five years in prison or both, martha. martha: mike, thank you very much. >> reporter: sure. >> in the meantime the white house has a rather

tempered response. jay carney yesterday releasing a statement. if the inspector general finds any rules were broken or conduct of government officials did meet the standards required of them, the president expects that swrist and appropriate steps will be taken to address any misconduct. we are set to hear from the president on this issue when he speaks a bit later this morning at 11:15 eastern time. so we'll have that live for you. one wonders, martha. whether calls for a special prosecutor would be made on capitol hill because after all it's a crime to commit an abuse of government power. martha: absolutely. that has to be sacrosanct. when you look everyone must be treated under the eyes of the internal revenue service. we'll see what the president has to say. a lot of focus on that this morning a lot of questions out there because of low level officials and whether or not they took it upon themselves to make these decisions who to scan when the applications came in for tax-exempt status. plus, what if, just to think

about this morning when if something like this had happened? do you think words like progressive under the bush administration? coming up karl rove will talk about that and he has something to say about it as you might imagine gregg: meantime the fallout over the benghazi scandal continues. thomas pickering who led the state department's internal probe of the benghazi attack, talking points and hillary clinton were never a target of their investigation. >> they were not part of our investigation. they came after the fact and our investigation was security in benghazi and the events leadings up with respect to security in benghazi. so there is really nothing i can add from any particular position of expertise on the issue of talking points. gregg: arguably it was only a part of an investigation. the former director of the cia reported saying that

those talking points were useless while a top republican is now using the word cover-up. straight ahead we'll talk to kt macfarland about all of this. what it could mean for the administration. martha: this fox news alert. surveillance video capturing a burst of gun violence in the streets of new orleans. 19 people were injured. take a look at this. including two children. it was a shooting at a mother's day parade. a gunman seen in the white t-shirt there, look, everybody is taking off all over the place, a mad dash once this started. they were trying to reach some safety. everybody ran as the bullets, started whizzing. the fbi describe this is crime as a flare-up of violence rather than an organized mass shooting. now police are combing the city. they saw three suspects running from the scene. no arrests made so far. we'll have more details on that as the investigation comes in this morning. gregg: fox news still obtaining more dramatic

video, this time in the kidnapping investigation in cleveland showing the very moment the police stormed the home and rescued the three women. garrett tenney joins us live in cleveland. garrett? >> reporter: greg, the girl who shot the video on her cell phone, she thought she was getting pulled over in front. home of ariel castro when she realized there was something much bigger going on. you can see in the video a swarm of police officers trying to break down the front door of ariel castro's home while other police officers are rushing to the scene, this after amanda berry's heroic escape and dramatic 911 phone call. the three women were also making statements through a spokesman yesterday, thanking the community for the outpouring of love and support. gina dejesus saying i'm so happy to be home. the three women are also pleading for time to heal. >> there may be a time at some point in the future that ms. berry, miss dejesus

and miss knight will want to tell their stories. let me make this very clear. that will not be while the criminal proceeding is pending and it will not be until they tell us they are ready to do so. >> reporter: the fbi expects that healing process to be a long and difficult one. gregg? gregg: garrett, what is the next step in this criminal case? >> reporter: well, right now we're waiting for the county prosecutor to bring this case before a grand jury and give the way that this case has played out so publicly, it wouldn't be surprising to see that come down fairly quickly. while we know of the seven charges he is currently facing, four for kidnapping, three for rape, cuyahoga county prosecutor tim mcginty may also add murder charges based on the terminated pregnancies. we're hoping to find out today when that grand jury will convene. gregg. gregg: could be aggravated murder, which is of course death penalty eligible. garrett tenney, thanks very much for the latest. martha: a massive wall of

ice hitting one minnesota community over the weekend. amateur video captured the ice, look at this, as it expanded out of the lake. it creeps across the ground and hit about 10 mile stretch of the coastline. this wasn't the only incident of it. here is from manitoba, canada, where a mini glacier hit a lakeside community hitting a dozen homes and forcing people to run for their lives. >> i mean i've never been in a tornado but i'm going to assume it sounds something like that. it just a big roar. and you can see it coming. and you keep thinking oh, it is not coming any farther and it will stop but it kept coming. >> scary. never have seen that around here, right, gregg? fortunately no injuries were reported. here is a map to show you exactly where that happened. really amazing video. we'll talk more about that late every. gregg: we get ice storms here in the northeast but not huge ice flows. martha: not like the blob

taking over your city like steve mcqueen. gregg: how does this happen? you will talk later on to an expert on this phenomenon which i bet a lot of people have never even heard of. martha: all right. we want to get to this which has just crossed the wires moments ago. is news a car bomb exploded in a crowded area outside of a hospital in eastern libyan city of benghazi. the bomb exploded outside of the hospital. we'll get more information as it comes in. a top republican is now using the word cover-up to describe benghazi as reports surface that the white house may have been much more involved in the infamous talking points than the administration claimed. >> i received a phone call from the prime minister of libya. i think it is the saddest phone call i ever had in my life. he told me that ambassador stevens had passed away.

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martha: listen to this. a new report finds detroit is out of money and faces a bleak financial future if it stays on this path. this comes according to a state-appointed emergency manager for the city. the numbers seem to back up that assessment. look at this. detroit's long term liabilities including underfunded pensions are more than $14 billion. unemployment is more than double the national average in detroit. it hit 17.5% in the month of march and the population is dwindling. it is now around 700,000 people living in the city. it hasn't seen population that low since 1910. gregg: possibly new evidence that the white house was heavily involved in whitewashing the narrative in the aftermath of the benghazi terror attacks. new reports now that david petraeus called that final

heavily-edited talking points, quote, useless, but didn't do anything after saying the final call lies with the white house. that of course goes against administration claims that it is up to the cia and the state department to explain the terrorist attack that took four american lives. over the weekend senator i don't know mccain said, all of this stinks of one thing. >> i would call it a cover-up. i would call it a cover-up in the extent that there was willful removal of information which was obvious. it was obvious, mr. hicks said in his testimony, his jaw dropped when he saw susan rice do that. i was on, i was on another sunday morning show after susan rice. my jaw dropped. look, people don't bring rocket propelled grenades and mortars to spontaneous demonstrations. gregg: kt macfarland joins us. she was the deputy assistant secretary of defense tore ronald reagan. she is fox news national security analyst. always great to talk to you.

>> thank you. gregg: the documents speak volumes. i want to put two of them up on our screen so you and the viewers can take a look at it. on the left hand, the yellow, basically tells the truth, the benghazi murders was a planned terrorist attack. names a specific al qaeda-linked group and says that the cia warned in advance that the consulate would be attacked. that it was a deathtrap, essentially. it is all crossed out as you can see. on the right-hand side is the sanitized final version. is john mccain right, the truth was covered up? >> of course. this has been a very cover-up from the very beginning. i was in the white house during watergate. i know all about cover-ups. the administration has a dumb policy they get caught in the dumb policy and they scramble to cover up the dumb policy but eventually the truth wills out. gregg: hillary clinton's top aide demanded that the truth be concealed from the american public. here is her e-mail. we'll put that on the screen. this is victoria knew land t

could be abused by members of the congress for beating up the state department for notae paying attention to warnings. so why would we want to feed that, either, meaning the truth. concerned. she said the building's leadership wanted those deletions. does that mean hillary clinton wanted them? >> you know hillary clinton wanted them but hillary clinton, or her immediate assistants. when i was in the pentagon during the reagan administration i was the spokesman. the person who was the spokesman at the state department has only two bosses, the deputy secretary of defense and the secretary of defense. so when she says, people in this building, my bosses, that is code for saying that people above me. who was above her? hillary clinton and hillary clinton's deputy. did hillary clinton pick up the phone and say i want to change that? maybe not. maybe it was the chief of staff. gregg: the whistle-blower gregory hicks testified that he told hillary clinton the very night of the assault this is a terrorist attack yet for days thereafter she claimed, no, it was just outrage over a videotape. so arguably the talking

points had to be changed to support her erroneous claims? >> yes. because, david petraeus has come forward saying that the cia assessment was very much more detailed. had a very different conclusion than in fact what they ended up giving the american public. gregg: petraeus now contradicts everything the white house is saying? >> here is the thing, gregg. david petraeus has nothing left to lose. there is nothing more dangerous to a cover-up to an honest man who has nothing left to lose. it is very important, like watergate, that probably the house has a select committee on benghazi. gregg: petraeus could be the sort of john dean benghazi scandal. >> more so. he will know what happened before. why was no additional security offered. who made that decision. while there was no rescue operation while it was on going and he will know after the fact about the talking points. i think he is crucial to the whole thing. gregg: let me show you something else. this is what press secretary jay carney said last november and he maintains it

to this very day. take a listen. >> what, the white house and state department have made clear that the single adjustment that was made to those talking points by either of those, these two institutions were changing the word, consulate, to diplomatic facility because consulate was inaccurate. >> now the documents we just showed our viewers demonstrate that is completely untruthful. >> yeah. gregg: has he now, as the chief spokesman for the president of the united states lost considerable, if not all credibility? >> well, he certainly has with regard to this. now why do i say that? obviously there is now demonstrable proof. there are cables, there are e-mails to show what he said was not true. but more telling was what happened in a press conference on friday when he had the entire white house press corps there. normally they ask him a few questions. he gives them a couple answers but everybody is happy. they pound him time and time and time again. to me that is an indication he is starting like ron ziegler. gregg: remind you of ron

ziegler where he dismissed watergate in the very same room in front of a different press corps, calling it a third-rate burglary, nothing more than that. >> a failed third-rate burglary. i was there when he said. this is something very different. gregg: hillary clinton testified in a very tone saying, what difference at this point does it make. is that the kind of thing may in the long run haunt her? >> well it should haunter. you know at the end of the day, what happened, four americans died. why did they die? because the administration had an election to win and they didn't want to have to own up to the fact that maybe their mistakes caused that death. in the end of the date they traded lives for votes. to me what does it matter? it sure does matter. it matters to the people who are loved ones and grieved ones of men who died but our policy going forward. if you don't try to rescue americans who are in danger, what good is it? gregg: well the truth always benefits the public, doesn't it? >> at the end of the day it does. that's why we have to wait

and see. gregg: kt macfarland. thanks very much as always. martha? martha: to this story now. a little girl was murdered in her home. an intense manhunt after her brother said that a man ran from the scene but now police have made an arrest in this case and it has shaken that small town to its core. that is next. we'll be right back.

gregg: central mexico on high alert right now for a possible volanic eruption. officials say this white cap mountain released a pillar of steam a half mile high over the weekend, shaking nearby towns the mexican government sending in soldiers and extra police in the event of a larger eruption and a possible evacuation.

martha: well there's high-profile murder case that happened in california. police have arrested a suspect now in the stabbing death of this 8-year-old little girl, layla fowler. the -- leila fowler. the arrest happened over the weekend and sadly it was of her 12-year-old brother. claudia cowan live in san francisco. claudia, boy, this is just an awful, awful case. >> reporter: it sure is, martha. investigators really not revealing too many details but they do confirm dna testing of evidence taken away from the home at quote, yield ad positive result. the april 27th murder of the little girl sparked a massive manhunt and many residents locked their doors in fear. leila's 12-year-old brother said just before he found his fatally-wounded sister he had seen a white or latino man leaving home. initially a neighbor reported something similar

on the day of the attack. shen then she recanted her story. they showed no signs of a break-in and authorities focused attention on the brother, the only witness to the stabbing. fbi agents spent days collecting evidence, including from time to times, a mattress and a several knives one which they said would be a murder weapon. whether they have the weapon is not known and neither is a motive. according to the woman's biological mother said the siblings were quote. close. she said her brother couldn't hurt her sister. martha: she and her brother were raised by her father. how is i and his side of the family reacting to this? >> reporter: if they have a the right suspect it is a double tragedy for them. the fowlers have not spoken publicly since appearing at a candlelight vigil three days after leila died. we have blurred the suspect's face because he is a minor.

her mother said in a statement, thank you to those standing by us in this devastating time for our family and thank you for respecting our privacy during this time. we need a little space. happy mother's day to all. it is unclear when the boy will be arraigned but he will be charged with homicide. martha? martha: what a story. claudia, thank you. gregg: all right. some new questions about the abuse of power at the irs. not only were conservative groups targeted, liberal groups may have gotten a completely free pass. and now one column. is asking, hey, what if this happened under president george w. bush? karl rove joins us live next. new honey bunches of oats greek yogurt and whole grain. here we go. honey cornflakes and chunks of greek yogurt. i'm tasting both the yogurt and the honey at the same time. i'm like digging this yogurt thing.

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gregg: this fox news alert. we're just getting word through an associated press bulletin that a car bomb has exploded in a very crowded area just outside a benghazi hospital killing nine including three children in that eastern city of libya. details are still quite sketchy. it is still early and the number of fatalities and those injured will likely change. we'll give you details when we get them. martha: back to this big story today. conservative columnist george will is now calling out the obama administration after the irs admitted that they had targeted groups with the words, tea party,

or patriot in their tax forms and, a number of other phrases like, constitution and people who wanted to make america a better place. that was a big red flag apparently in this program. george will asked democrats to consider one simple question in this. here he is on the sunday shows. >> the question is how stupid do they think we are? just imagine, donna brazile, if the george w. bush administration had an irs underling, not in cincinnati of course, saying we're going to target groups with the word progressive in that title, we would have all hell breaking loose. martha: all hell breaking loose. joining me, karl rove and former chief visor and deputy chief of staff to president george w. bush and founder of american crossroads and a fox news contributor. good morninging. is george will right about that? >> when he said it the shivers came up and down my spine. we would have every major liberal newspaper in america calling for an investigation, hinting at impeachment.

it would be leading the evening news. we would have every group that had liberal or progressive tendencies demanding answers and marching on the white house and leaders of congress, democrats in congress, demanding to have answers. i mean it, would be a nightmare at the bush white house had this been done on our watch. martha: do you believe that this came, this directive came from, to search for these words came from low-level employees as has been stated by leadership at the irs? >> well, it depends on what you mean by low level. i think it came from people inside this office in cincinnati that is charged with approving these tax forms for 501(c)(4) groups. i don't think it came from the central headquarters. we know people in the central headquarters knew in mid 2011 but apparently they didn't inform the commissioner of the internal revenue service because he testified in march of 2012 no such activity was underway but, it now turns out that excellent piece of reporting this morning in

"the wall street journal" that people at the headquarters did know in 2011 that this was going on. martha: two levels here. just in terms of the basic integrity of the system. i mean we all pay our taxes. you have to, it requires so much integrity in that operation and, you know, that has been a question for many years. >> right. martha: what is the responsibility of the president of the united states in this situation, to come out at 11:15 today? what does he need to say and what does he need to do, what actions need to be taken to prove to the american people this situation is going to be righted and that heads will roll frankly? >> he sneads to do exactly that because, look, the power to tax is the power to destroy. the use of the tax to go after political enemies, to go against your political opponents is chilling to any american, no matter where you are on the political spectrum. it was bad when richard nixon did it. it was bad when lyndon johnson did it. it would be bad if some bureaucrat in cincinnati did

it. the president ought to put the full moral authority of the president behind this. we will make people lose their jobs. there are laws against this and those laws and penalties have to be applied. martha: absolutely. it talks about issues we talked about before, groups with left-leaning philosophies, pb. is, planned parenthood, a lot of people question whether or not they deserve tax-exempt status where all of this was getting caught up. these groups were applying for tax-exempt status and they were shot down. what does it say the short of picking and choosing who deserves that kind of tax-exempt status in this country? >> it says something about the bureaucrats in cincinnati and the catt crass inside the internal revenue service whoever is in charge this is left-wing. they're clearly liberal. they picked out not the 501(c)(4)s that were liberal but conservative groups.

that had patriot or freedom or constitution in their name. they were on a witch-hunt and they were on a witch-hunt to try to discourage people to participate in the american system and pick on people they disagreed with politically and going after them. that is wrong, wrong, wrong. martha: just arrived from mars and you heard that people were getting tripped up because they had the word constitution or patriot in an application for tax-exempt status you would raise some antennas so to speak. >> yeah. this is what happens in countries that are run by colonels in mirrored sunglasses, not in the united states of america. martha: i think you're right about that. let's take a look at this ad because this is an ad that was put out by the group you founded, american crossroads. it also got, raised the ire of some folks including bill kristol over the weekend. let's play a little bit of the ad and hear what you think about that. >> secretary of state hillary clinton is briefed at 2:0 the ambassador's deputy it was in fact terrorism. >> i believed her on developments.

>> yet two days later secretary clinton and others blamed, protesters and -- >> an awful, internet video that we had nothing to do with. martha: so the charges that benghazi should not be used for political purposes and this ad does that. what say you, karl rove? >> well, that is sort of inexplicable because this is the sixth such ad crossroads put out in order to drive the public discussion about this. as you saw, it is very factual, straightforward. takes the footage of greg hicks's testimony, contrasts it what hillary clinton said after he briefed her. the object here is to draw public attention to it and continue the public dialogue about this. this is the sixth such ad crossroads has put out. sort of like a visual news release to sort of tie things together. you know, look, i understand that a criticism of the obama administration is going to immediately have democrats saying you're politicizing, it is all politics. i'm surprised bill kristol

whose magazine has been critical. obama administration would join in the chorus. that chorus consists of jay carney and people in democrat leadership and it is a little bit inexplicable. i just say this. this was appropriate. we need to help the american people grasp this. it is, if you will, a visual representation, taking hicks's testimony and then, secretary clinton's comments and asking the question why is the administration covering up how we arrived at their policy, their decision to tell a lie? and that is an entirely appropriate comment. martha: i wanted to give you a chance to react to that karl -- >> can i say one more thing, one more quick thing? martha: yes. >> more people have seen this ad than subscribinged to "the weekly standard" which has been covering the same story and making the same points. so i don't see anything wrong with it. >> stories on benghazi as well. i will let you guys take that outside. thank you, karl. good to see you. >> you bet. gregg: point, counterpoint.

let's talk tiger woods, getting the last word in a verbal spat with fellow golfer sergio garcia with this shot. >> wait and see if the 25-year-old rookie has any kind of special magic. [applause] gregg: well, tied with twto to e players championship, at sawgrass, hit the putt in for par while garcia was not able to find the green, hit two balls in the water and closed with a quadruple bogey. the showoff and capped off a weekend of war of words. garcia ski yaw complainsed of a bad shot, with woods firing back that garcia always complaining about something. garcia said that tiger is not the nicest guy in the world that will cement his image as windy whiner. the kid needs to grow up. you would think by now he

would grow up but some people never do. martha: some people never do. more on that later. here is a question for you regarding the boston marathon bombings. and it is, could they have been prevented? well the answer is yes according to former connecticut senator joe lieberman. he joins us live on that next on how it could have been detected ahead of time. >> i believe that though it would not have been easy, it was possible to have prevented the terrorist attacks in boston. money, and i avoid frustration. you'll find reviews on home repair to healthcare written by people just like you. you want to be sure the money you're about to spend is money well spent. angie's list -- reviews you can trust. i worked a patrol unit for 17 years in the city of baltimore. when i first started experiencing the pain, it's, it's hard to describe because you have a numbness... but yet you have the pain

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martha: a bit of royal news for you. prince harry is in the states as you know and showing off his throwing arm over the weekend in a game of american football at the air force academy. see how he does. not too bad. not too bad. gregg: kind of throws like a girl. martha: he was taking part in the 2013 warrior games with wounded servicemembers and veterans. his next stop on the tour is new jersey because you can not visit the united states without coming to new jersey. he will spend time with the victims of superstorm sandy. gregg: my daughter throws a better spiral than that. martha: really. >> he can --. martha: maybe she would like to hang out with prince harry in new jersey. gregg: she is not a fan of prince harry. the whole vegas thing turned her off. the boston bombings could have been prevented

according to former connecticut senator joe lieberman in testimony on thursday. senator lieberman told a congressional panel there were significant intelligence failures leading up to the attack that killed three people including an 8-year-old boy and injuring and maiming more than 260 others. joining me now is former connecticut senator joe lieberman. senator, always a pleasure to talk to you. you're convinced though it would not have been easy the bombings could have been prevented. how? >> yeah, gregg, thanks, good to be with you again. look, i'm a great admirer of homeland security agencies we created after 9/11 including the fbi and the record shows they have done a tremendous job protecting us. there hasn't been a single, foreign originated attack against the u.s. since 9/11. those agencies stopped at least 65 homegrown terrorist attacks. when an attack works to hurt americans as it did at the

boston marathon we have got to look back and demand what may be impossible that they bat a thousand percent. as you go back over this case, the first inadequacy of information-sharing was really from the russians who gave us notice about the tsarnaev brothers, tammer lan -- tamerlan particularly, not as much detail. that is was so unusual getting a warning from the russians i worry that the fbi should kept that file open and after their initial interview of tamerlan tsarnaev and most important should have shared the information with the local police in boston to follow up on him. gregg: right. >> the other failures here go to people. gregg: right. >> the students who heard from the younger brother that he knew how to make a bomb. people in the mosque in boston who were sew offended by tamerlan tsarnaev's extremist views they told him not to come anymore. they saw something suspicious, they should have

something to their government and that could have stopped it. gregg: if the feds had passed the information along that they had to state and local law enforcement, what would that law enforcement agency, state police, boston police, what could they have done? more closely monitored the brothers? yes maybe talk to some of those students and some he have those folks in the mosque, is that what you're saying? >> exactly right. i think in some of the big police departments like new york and los angeles where they have a lot of personnel involved in counterterrorism that is exactly what would have happened. the local police know the local scene. hopefully they have got relations with people in the mosque. they would have talked to tamerlan's friends. they would have gone to the campuses. they would have watched for his name to pop up on the internet as it ultimately did. >> right. >> none of that happened as far as we know now. gregg: and look, as you point out directly, we have great respect for federal

law enforcement. they have done a wonderful job in stopping a lot of terrorist acts. gregg: right. >> however, this does invite the question why would they withold that information from state and local law enforcement? is it ego? is it turf war? is it sort of a systemic arrogance, hey, we're the feds, we're smarter than the local guys? >> well it could be that. i tell you one. questions i raised at the hearing last week whether existing department of justice guidelines on investigations of this kind by the fbi led somebody conducting it to believe unless they found actual proof that a crime was about to be committed, which of course they didn't here and probably couldn't have, then they couldn't have shared the information. i think it is time to go back and take a look at those attorney general guide lines to see if they're standing in the way of protecting the security of the american people. some of it, gregg, i worry is just that they got so much information, they're doing so much, maybe they are unable to separate the

important out from the less important. in this case if they failed to share with the local police out of some sort of professional arrogance, shame on them. i don't think that happened. gregg: you know, homeland security fusion center, never got word on this. >> yeah. gregg: they exist for information sharing that was set up after 9/11. it just didn't happen. so in your judgment, in the end maybe people should be held accountable? >> yeah, i do. you have got to acknowledge, all the gratitude to all the homeland security agencies. when somebody breaks through their defenses, like the tsarnaev brothers did, we have to go back to be very demanding how it happened and hold people accountable and make sure to the best of our human ability that it, that it never happens again because i believe, as you look back, as i said at the hearing it wouldn't have been easy but i think at various points along the way

this was preventable. i'll tell you one final one. somebody entered tamerlan tsarnaev's name into a travel watch list. gregg: right. >> there was noticed he was on his way to dagestan. it went to a customs and border protection person on the boston joint terrorism task force. he didn't share that information with anybody else on the task force. i think if he had, it might have triggered the memory of the fbi, oh, this is the guy the russians warned us about. we better go back and take a look at him. gregg: i'm sure the family members of those who lost their lives, not to mention all the people who were injured are devastated to find out that this system we set up just didn't work. senator joe lieberman, many thanks for being with us. >> thank you, gregg. always good. martha: well there are some new questions this morning on accountability involving the attack on our consulate in benghazi. did hillary clinton, our nation's top diplomat, at the time, get a free pass on

the questioning in all this? we'll talk to brit hume. gregg: and the irs targeting of conservative groups even more extensive than they previously thought. we're going to have new details how far this really goes. ient payments. ♪ to more efficient pick-ups. ♪ wireless is limitless. i did? when visa signature asked everybody what upgraded experiences really mattered... you suggested luxury car service instd of "strength training with patrick willis." come on todd! flap them chicken wings. [ grunts ] well, i travel a lot and umm... [ male announcer ] at visa signature, every upgradedxperience comes from listening to our cardholders. visa signature. your idea of what a card should be. [ female announcer ] from meeting customer needs...

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it draws water into your colon to unblock your system naturally. don't wait to feel great. miralax. take the miralax pledge to feel better sooner. get a reward like a beauty treatment, a dance class or a $5 gift card with purchase of a specially marked pack. go to miralax.com for details. martha: it has been more than 50 years and countless high-profile interviews barbara walters is about to retire. the iconic journalist is set to announce her retirement a little later this morning. julie banderas has more for us on that very big media story today. hi, julie. >> reporter: she really is a legend. the veteran abc news anchor plans on making the formal announcement on her show. according to abc barbara walters plans to officially retire from television journalism next summer. for the next year walters will continue to anchor and report for the network and

as well as appear on "the view" where she will remain executive producer of the weekday talk show she created in 1997. it has been quite successful by the way. walters now, 83 years old, has spent 37 years at abc news, paving the way for women in television news and really she has done it all. she joined the network in 1976 and became the first female coanchor for an evening news program. three years later she became co-host of abc's "20/20" news magazine. before coming to abc she spent 15 years at nbc news where she was co-host of the "today" show. walters says she is very happy with her decision and looks quote, forward to wonderful and special year ahead. martha: boy what an amazing career barbara walters has had. dud she talk at all what she plans to do after she retires, julie? >> reporter: very little so far. maybe we're hear more later in the day.

in addition to playing behind the scenes role on "the view", she said, quote, i do not want to appear on another program or climb another mountain. and i want to sit in a very sunny field and admire many gifted women and some men too, taking my bless. abc news president says there is only one barbara walters. we look for to make her final year on television as remarkable and path-making by barbara wanted. she has interviewed every president since nixon. martha: remarkable career and amazing model for so many of the rest of us who came up in those later years. julie, thank you very much. we'll be right back. >> reporter: sure.

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with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. martha: fox news alert. republican lawmakers are now planning to take their demand for answers on the benghazi terror attack back up to the highest levels of the obama administration for more questioning. that could indeed include the former secretary of state hillary clinton. huge story today. welcome back, everybody. brand new hour, starting now in "america's newsroom." i'm martha maccallum. gregg: i'm gregg jarrett in for bill hemmer. well the push for more depositions, that is to say, testimony under oath, coming after several whistle-blowers testified that they were disappointed that the accountability review board barely interviewed secretary hillary clinton. well the man in charge of that task force now defending his investigation. >> we had questioned people who had attended meetings with her.

what went on at those meetings and how they were handled. what was relevant. i don't believe that it was necessary to do that. i don't think that there was anything there that we didn't know. martha: hmmm. so there's that from sunday. joined by brit hume, fox news senior political analyst. brit, good morning to you. >> hi, martha. martha: is that a satisfactory answer? >> oh, no, of course not. i have a lot of respect for tom pickering. he has been around for a long time. he served the country in many cases ableably. that is stupid answer. if you don't know what you learn from somebody until you ask them? the response to that explanation is obvious and painful. i think however, the accountability review board did have a rather narrow mandate. it didn't, if you please, cover the cover-up, if there was one. so they're kind of off the hook on that but not interviewing hillary clinton is, pretty hard to explain.

he hasn't done it. martha: they're saying as you say, they had sort of a narrow scope. that their job was sort of uncover what the mistakes were in security and help make recommendations so that nothing like that could ever happen again. does that in and after itself even sort of set up for republicans who want to go back and ask more questions here, a new venue to say, well, you know what? now we're looking into the other areas of this and we need to have hillary clinton back on capitol hill for more questioning and maybe others, maybe cheryl mills? >> that is an interesting way to look at it. my thought would be, martha, from purely kind of tactical point of view, if they're going to have secretary clinton back to testify, they would be well advised to do a deposition ahead of time, which is what i guess they're planning to do with some of these other witnesses. this is the way it is normally done in congressional hearings. you call the witness in and have them testify ahead of time, basically with staff. you know what their story is. you're ready for it when you

hear it. and if there is no there there, you don't even put them on. and, a witness already interviewed is then stuck with the story that the witness tells before the cameras are on. so, witnesses is at kind of a disadvantage and if they're going to go to hillary clinton and try to expose her as blame-worthy and all of this, they better have their act together because they got buffaloed the last time they tried that, you may recall. martha: i want to take a look with you. this is john karl from friday with jay carney on all of this. >> i think what i was referring to was the talking points that the cia drafted and sent around, to which one change was made. and i accept that stylistic may not precisely describe a change of one word to another. >> jay, it was not change of one word. these underwent extensive

changes after they were written by the cia. these were concerns raised by the state department that the white house directed the inner agency process to use in making these talking points. cia original version included references to al qaeda, references ansar al-islam. the original cia version included extensive discussion of the previous threats of tariffs attacks in benghazi. those were taken out after the cia wrote its initial draft. >> and then the cia wrote another draft -- >> based on input from the state department. >> but here's what i've been saying -- >> do you deny that? >> no, john. martha: all the amazing reporting fox news has done on this story, laying groundwork for this, taking a lot of heat for having gone out and continue to cover it and cover it and cover it. now you look at that exchange between jay carney and john karl. this situation has changed dramatically, brit. >> not at least because the john karl is a good member of the mainstream media and

i added to the good work we've done and steve hayes at "the weekly standard" revealing there were 12 iterations of the talking points. at least jay carney's story about what happened, and the white house's involvement in ruins. i feel badly for jay. i've known him a long time. he is a nice guy. in his reporting days he was a solid reporter. now he is trying to sell this story still. i don't know whether, i mean, i guess if you want to be the press secretary you have to be willing to do things like this but this is going very poorly for him because i think he was told to say things. he said them. now he is trying to, stick by them and they are, they have been demolished. martha: yeah. very tough spot for him right now. brit, thank you very much. >> you bet. martha: see you later. with that, with benghazi, and with the irs issue that is going on, how far up do both of these scandals go? what do you think about all of this? send me a tweet @marthamaccallum. we'll take a look at those. we'll have a lot more on all

of this. gregg: fox news alert. police in new orleans now releasing a surveillance videotape in the shooting at a mother's day parade, wounding 19 people. take a look at the video showing one of the suspects wearing a white t-shirt and dark pants firing a gun in the direction of the crowd. you can see people scattering in all directions, falling to the ground. at least two of the victims young children. >> i heard, pop, pop, and i ran into how many shots. >> i don't know how many but it was five or six though. >> innocent people were hurt. half of them didn't even know they were shot, you know. it was amazing on mother's day today, kids to be, involved in this. gregg: that is just awful. jamie colby is live in our newsroom with the latest. jamie, i assume police must have been completely taken by surprise by this? >> absolutely, gregg. can you imagine, mother's day 2013 has to be sadly remembered by those who were celebrating into this

makeshift parade. this is mile and a half from the french quarter and such a violent one. there were 400 people had gathered, families, including small children when the shots rang out. >> it appears these two or three people just, for reason unknown to us, started shooting. it was over in just a couple of seconds. police were everywhere. we hope that anybody who saw anything will give crimestoppers a call. >> reporter: in the meantime police are examining closely the surveillance video you were showing. there is a suspect that is in a white t-shirt, first shooting randomly into the crowd and fleeing out of view of the camera. he remains on the loose. but aside from the video, gregg, there is so little to go on at this time. police are saying on this one they really need the public's help to solve it. if you have any information they're asking you to call 911. gregg: you know, jamie, it was mother's day. how are the folks that were there doing? >> yeah, very different from the mother's day that so many of us were blessed to celebrate. folks in this neighborhood,

they're most troubled, gregg, the fact there were families in this crowd. 19 people sustaining injuries. as you mentioned, two of them, children. >> when i see everybody scattering and people falling i ran inside and i shut my door. >> my husband and my daughter were on their way home. my 5-year-old witnessed the people being shot. when she got home, she ran inside the house and she asked me to close the door. she did not want the people coming in after her to shoot her. >> reporter: oh my, that is so understandable of course. believe it or not this is the third large-scale shooting surrounding a holiday in new orleans that is just this year. five injured in a drive-by following a martin luther king, jr. day parade in january. in january, gregg, four were shot in celebration abrasion ahead of mardi gras. if you have any information give police a call. gregg: thank you very much, jamie colby. martha: here is a name you haven't heard in a while. o.j. simpson is heading back to court today. he is looking to get a new

trial for his 2008 conviction of a bizarre hotel room confrontation over his old sports memorabilia. that situation got him 30 plus years in prison. william la jeunesse in los angeles. set the scene here. it certainly has been a while since we've seen o.j. simpson. >> reporter: he has been locked in a prison since that conviction five years ago. he and a group of buddies armed with guns went to a casino hotel room pistol whipped two men selling sports memorabilia, includes items o.j. simpson claimed belong to win. a jury convicted him of 10 counts of robbery, kidnapping and assault. >> i wasn't there to hurt anybody. i just wanted my personal things and i realize now i was stupid. i am sorry. i didn't mean to steal anything from anybody. and i didn't know i was doing anything illegal. i thought i was confronting friends and retrieving my property. >> reporter: now o.j. says the lawyer he paid half a

million dollars, did such a lousy job he deserves a new trial. martha: fascinating looking back at that, right? legally is this a longshot for o.j.. >> reporter: it is a hail mary. most pleas for a new trial are. the judge could have dismissed the case but did not. simpson's claim is based on three things. number one that he says he and his lawyer had dinner before the robbery and he told him it was legal to take back his memorabilia provided he didn't trespass or use physical force. ga lanter says that is not true. he said that the he failed to tell him the prosecutor offered him 2 to-year plea deal, not 30 years he is serving now. prosecutors say that is not true. they talked about a three-year sentence but never made a formal offer. he will argue that he made a series of courtroom errors and failed to let simpson testify. based on that, if the judge says galanter pud his considerations or motivations before his client, o.j. may be, but

still a real long shot. martha: we've seen crazy things happen in court where this man is concerned. we'll wait until the fat lady sings on this one. william, thank you. gregg: that's a new one. my lawyer said it was okay to rob and kidnap and pistol whip people. martha: as long as i got my stuff that. gregg: good luck with that defense. a little later on in the program we'll speak to somebody very familiar with o.j. simpson. former l.a.p.d. homicide detective mark fuhrman will weigh in on simpson's push for freedom. martha: plus the irs apologizing now for unfairly targeting tea party groups and lots of people, just for putting the word constitution in their application. so will they accept that apology? dick armey, founder of freedomworks, is up next. gregg: check this out. walls of ice slamming into yards and homes. what in the world is causing this. >> maybe 5,000 in the lake and now maybe 10. plus all the cabins and

that. it's, economic disaster for us this time of the year. >> last year we had shirts off, boats in the water a couple weeks in advance. this is just unbelievable to come out here and see icebergs. [ male announcer ] in blind taste tests, even ragu users chose prego.

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man: the charcoal went out already? ... forget it. vo: there's more barbeque time in every bag of kingsford original charcoal. kingsford. slow down and grill. martha: the search for victims of a horrific building collapse in bangladesh has now officially ended. the last known survivor was a woman who had spent 17 days, look at this unbelievable video of them pulling her out. she was underneath the rubble, this poor woman, and she was pulled out by the rescue crews on friday. the eight-story garment factory building collapsed late last month t killed more than a thousand people in that crash. activists say the disaster is another tragic reminder of the country's long history of poor safety standards. gregg: well an irs scandal is getting bigger and bigger. the "wall street journal" reporting that the irs not only putting a bull's-eye on

conservative groups with the words, tea party or patriot in their names but organizations critical of government debt or even those that criticized the government in general. now the irs is apologizing. here is dick armey, tea party leader, former house majority leader. thank you very much for being with us. do you accept the apology? is that good enough? >> no, absolutely not. you have to understand this is a politically-mandated suppression of the expression of resistance to big government. i'm amazed that anybody would be surprised this was happening. as the various tea party organizations across the country were trying to organize, making application, we advised them be prepared to be subjecting to extra scrutiny. gregg: right. >> you are against big government. you have a ruthless administration that requires big government.

so, i mean i'm not surprised at this. i knew it was going on. well the other thing that find interesting is, it is debilitating stupidity on their part. when the real professionals really undercover a serious transgression against the law by somebody, they won't now be able to prosecute in an orderly fashion because they biased the case against themselves. gregg: look, the white house says, we didn't do this, and we're surprised by this. do you buy that? >> i imagine they probably don't know anymore about this than they do about bangladesh or any number of other things. gregg: you mean benghazi? >> the white house, the white house is a beautiful example of being capable of hiding. first they throw the ball through your window. then they hide their hands and pretend they know nothing about it. of course the white house knows about it. these are the most ruthless politicians i've ever seen in america.

they will stoop to anything to suppress the freedom of expression from the american people and resistance against their excesses. gregg: mr. armey, abuse of government power is actually a federal crime, yet neither the white house nor eric holder's justice department is asking for a special prosecutor to investigate. does that make you even more suspicious that this goes way up the beyond just the irs? >> no, it doesn't surprise me again that the white house and eric holder would be resistant to trying to get to the bottom of this. the fact of the matter is, this came from the obama organization, in the white house, in his campaign, wherever. i'm not surprised by that. gregg: but you don't know that specifically, do you? >> i was advising people to be aware of it. gregg: when you say it comes from the obama campaign or the white house, you don't know that specifically, do

you? can you name a do because in fact somebody should be culpable. but you would have to be the worst kind of foolish naive to not know this. now, let's, remember, you're too young to remember but i remember the conventional press in america freaked out when they heard a tape of nixon discussing the possibility of doing such a thing. gregg: right. >> will you see that kind of outrage in the "new york times" and "the washington post"? abc or nbc? i doubt it. but they -- >> likely to be a story covered only by fox. gregg: i'm old enough to remember it and, in fact it was article 2, section 1 of the impeachment charges against richard nixon. but they had proof. i mean they had people at the irs who said they had been pressured by richard nixon. we don't have that yet here, do we? >> no, but you can get that to prove -- you know, first of all, understand this.

the irs has, for the most part, is staffed by seriously capable, responsible, law-abiding, professional people. when something is done that is amiss to the law, they are directed to do so. somebody gave them that direction. that somebody will be connected to the white house. that somebody will be a political appointee. i mean, you know it and i know it. just a question now to uncover who it is. gregg: well, you know, lois learner who is head of the division that did this, says it was a couple low level agents. that is ludicrous to great many people and clearly to you. dick armey, head of the tea party, we thank you. >> thank you. martha: here is the latest on the new firestorm over the president's health care law. why critics are saying this is so serious they believe laws may have been broken.

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gregg: a fox news alert. this is the 10th day of deliberations by a jury in the murder trial of dr. kermit gosnell.

he is the a i borings doctor accused of murdering babies. well, the jury has now sent a note to the judge saying we are hung on two counts, end of quote. we don't know which of the 250 plus counts that they're taking about. we're awaiting further guidance from the judge. we'll let you know as soon as we learn that information. martha: all right. let's go to colorado now where the accused gunman in last summer a's shooting massacre at a movie theater is expected to enter his final plea this morning. 25-year-old james holmes is charged with killing 12 people and injuring more than 70 others. he is expected to plead not guilty by reason of insanity. alicia acuna is live in centennial, colorado, where she has covered this since the beginning. alicia, is the judge expected to accept this change of plea from holmes today? >> reporter: good mornings, martha. judge carlos samore, told

homes homes defense team through a court filing it must show good cause in order so change the plea to insanity. because this is a death penalty case the expectation in the legal community is that the plea change will be allowed. then the prosecution will have to prove he was sane at the time of the shooting. >> there is no case of mistaken identification here and it's rare that you have a case with so much premeditation. therefore what else could the defense be other than insanity? the case will become, did james holmes suffer from a mental disease or defect that rendered him incapable of distinguishing right from wrong? >> reporter: once an insanity plea is entered, martha, then the judge will order that holmes undergo a mental evaluation that is independent. martha? martha: what's the reaction from the victims and the families in this case to this news? >> reporter: well, there's

been quite a bit of anguish and frustration over all of the delays in this case. as you can imagine, 12 people were killed last summer and as well as 70 people who whether in -- were injured. opinions vary whether this should be allowed and whether this should be a capital case at all. this is what mother of one young person that was killed said to us. >> i don't mean for a moment that he was insane. this was meticulous planning he did for weeks and months before the attack and the real insanity is that he could get his hands on 6,000 round of ammunition, on the internet and numerous weapons. >> reporter: judge samore is expected to take the bench in less than 40 minutes, martha. martha: your heart breaks for those families. alicia, thank you very much. gregg: new controversy involving the president's health care law that has one

lawmaker comparing the administration's actions to the iran-contra affair. we'll have more on that. martha: an unwanted guest shows up at a florida home on mother's day. happy mother's day. why the homeowner first thought the gator on her porch was a fake until it started blinking at her. >> when his eyelids closed. they have several eyelids and they closed, i knew it was the real thing. it kind of freaked me out. ching! i like the fact that there's lots of different tastes going on. mmmm! breakfast i'm very impressed. this is a great cereal! honey bunches of oats. i hear you crunching.

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gregg: fox news alert. we are getting reports out of libya that a car bomb has exploded outside a hospital in benghazi and at least nine people reportedly dead. we have videotape to show you, this just into the fox newsroom from the scene. witnesses say this blast happened in a very crowded area in the middle of the day. benghazi of course is the same city where four americans were killed in a terrorist attack last september. martha: new controversy today over the president's healthcare law. there is a new report that health and human services secretary kathleen sebelius is asking some private companies to fund a nonprofit organization that would help to implement this law. and one senator is comparing that to the iran contra affair when the reagan administration went around congress to support anything rag ran rebels. they say if they closely

coordinate with enroll america and other such entities then the legal analogy with iran contra is strong. is it? steven moore economic writer for the "wall street journal" joins me now. what do you make of that analogy? let's back up for a moment before we get to that. explain what you think this is, that kathleen sebelius is doing in terms of seeking funding for enroll america. >> it's been a tough last week hasn't it for the obama administration. this smells like another scandal on top of benghazi and the irs scandal. what is going on here, what i'm uncomfortable with about this story, martha, is it looks like it's an administration shake down of the healthcare industry. doctors, hospitals, insurance companies, to basically fund this program that the obama administration couldn't get congress to fund. so they are going to these private companies and saying, you fund this. and, look, if you're an insurance company or a healthcare provider and the head of the hss calls you up and says

we think it would be a real good idea if you provided funding for this organization. i mean, martha are you going to turn hem down when they have such an impact on your business? that's one aspect of it is the shake-down element. what lamar alebbs apbd der was talking about, iran contra was basically a scandal because congress had turned down money to fund the contras. the reagan administration found extra legal ways to get money to the contras. there are some per hrels here, i wouldn't go quite as far as lamar alexander did. but that's exactly what the obama administration is doing. they say we are going to find ways to get the private sector to fund us. martha: would they argue that they are simply asking for sort of, you know, for donations. >> yeah, they are. martha: and say, you know, we really want to get the information out there to people, we want them to know how to enroll, and if you could be supportive of that we would appreciate it. >> yeah. martha: and what is the difference? >> it's a fine line, martha.

i mean what you just said is exactly what the obama administration is saying, look, we're you just asking for companies to make donations. but this bows back to my first point about, you know, do these companies really have a choice when someone, like kathleen sebelius, you know, can be the executioner of some of these companies, and so i think it smells very rot ten to me, actually and i don't think it's an appropriate thing. what lamar alexander is saying, look they don't have the right to do this because this is exactly the kind of techniques that were used during the iran contra. congress explicitly turned down the administration for this money back a few months ago. martha: you know, i just want to ask you this. there is one more layer to all of this. i remember the extensive pieces done in the "wall street journal" on the cozy relationship that has developed they argued between insurance companies and the obama administration. they had basically said to the obama administration, this is going to be horrible for us. and the administration said to them, you know, well we'll find ways to i can ma it a little

more amenable to you so that you don't lose the money you think you're going to lose. once that relationship has been created and established is this the administration turning back around and saying, we scratch your back, you scratch ours. >> it's one more thing. we need our help on one more thing. i think it's well done, martha, that is ha good connecting of the dots here. i would raise one other point. i am infuriated by all the programs we have in government right now which are essentially outreach programs, that's what they call them to get people to enroll and for government programs. why are we spending tax dollars getting people to soup up for food stamps and nutrition programs and now obama care. look if it's such a great deal why do you have to have the government 0 run a pop grand today campaign to get people to sign up? martha: some people would take issue with even public service announcements that do that kind of thing. >> i do. martha: i had a feeling you might. >> i do. look, why are we using taxpayer dollars to get people to use

more taxpayer dollars. martha: thank you, steve moore. take care, have a good day. >> take care. gregg: well he couldn't have picked a better setting. as throw nat chris hatfield marking the end of his time at the international space station with a fit -l fitting rendition of david bowie's space odyssey. ♪ [singing] gregg: the music video turning into an internet sensation. even david bowie is tweeting, quote, chris hatfield sings space odyssey in space. hello space boy. he has spent the past five months living in the space station and is set to return back to earth today. that song was on david bowie's

1969 album. martha: that is a longtime ago. gregg: the first track. martha: i want to give him credit for his amazing lip syncing ability. he could give beyonce a run for her money h. that was really, really on. gregg: he's so stoned faced. it was a reference to the movie 200 2001 space odyssey. martha: the t-t wil president will speak live from the white house. he's expected to get questions about the irs scandal and the controversy around benghazi, a double barrel coming at the white house this morning in terms of difficult issues for them to handle. we will take you there as soon as that gets underway. gregg: oj simpson's hail mary for freedom. whether he walk or will it be back to the old jail cell for the juice. reaction from mark fuhrman, he

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martha: you too can own a piece of history, a plane that once served as air force one. the government set to auction it off this week. the plane flew every president from gerald ford to the second president bush. it can be yours for as little as $50,000. you have to handle removal costs and fill her up which might cost you a pretty penny. pretty cool, though. gregg: oj simpson due back in court today, trying to get a new trial. he has been behind bars for years, almost knife years serving a 30-year sentence forearmed robbery, kidnapping, after confronting two sports memorabilia dealers in a vegas hotel room. he is is trying what lawyers call a hail mary motion apropos for simpson since he was a heisman trophy winner. claiming he had such bad representation at his 2008 trial

that is conviction should be overturned and a new trial granted. we have mark fuhrman, a veteran investigator with the lapd. and arthur aidala a criminal defense lawyer. >> why oj's case he had gayle galanter but he is very skilled and experienced, isn't he, mark? >> yep, he is. he's a very good attorney, and he has a long relationship with oj simpson going on far before the civil trial, so, to have oj simpson argue that it's an incompetent defense would be kind of silly. he's used him for everything from business dealings, for suits, for defense in civil

crews and criminal. gregg: i want to play a clip here arthur and ask you about it. oj after his football career was kind of a b-list actor. here is his f performance in court, take a listen. >> i wasn't there to hurt anybody, i just wanted my personal things. i realize it was stupid of me. i'm sorry, i didn't mean to steal anything from anybody and i didn't know i was doing anything illegal. i thought i was confronting friends and retrieving my property. gregg: cry me a river, arthur. look, the complaint i love the best here in this motion for a new trial is, my lawyer told me it was okay. >> first of all -- the interesting part is what oj just said at his sentencing, he said, he says in his statement that he

spoke to yale and he said that is okay to do this. that is not what the meat of this motion is. the meat of this motion in my opinion, any shot that he may have has to do with the fact that he's claiming his attorney never told him he was offered a plea bargain. that is a real issue. if the only shot in my opinion he has is if he was never told he had an opportunity to plead guilty for a lesser amount of time in jail, and the reason for that was because of some sort of a conflict of interest by the lawyer. so if the lawyer said, well i wanted this trial to be on television it's going to enhance my law practice, so i'm not going to tell my client about a plea bargain, well you know what, any judge with any defendant would have to give him a new trial. gregg: but it's got to be that kind of really black-and-white egregious stuff to get a new trial. he argued the reason the nevada jury convicted him was to make up for what everybody in the world thought he had done in california, which was murder his ex-wife nickle brown simpson and ronald goldman.

>> not everybody in the world. gregg: i was in the courtroom, there, mark, you testified. i've never seen such overwhelming evidence of guilt ever in any trial. but look that is not an argument that he can prove, that the jury convicted me because of the murders in california. >> no it's not an argument that he can prove. i'll tell you how it plays out in his case now. first, the property that he says he went back to that room in las vegas to get was not his, it belonged to the brown and the goldman's family from the civil judgment. he hid it, and it came into the hands of a sports memorabilia dealer. the second issue that you just brought up, him being found not guilty, but with overwhelming evidence that he murdered two people, and then he goes out and makes overtures, that "if i did it" this is how i would have done it, it doesn't sit well with parole boards or judges in the appellate level, because he hasn't admitted any

culpability. >> you're not supposed to be basing that -- har the parol >> the parole board is know the to supposed to take into consideration another case that he was acquitted on whether or not he's remorseful for something that 12 jurors who heard all the evidence and they were the ones given the duty to find it proven or not proven, he this found it not proven, the parole board should not be taking that into evidence in this case. >> gregg, the other end of that sentence, what i was describing, the su culpability in the murders in los angeles that can weigh in the background, but he hasn't admitted the robbery and the use of the gun and the conspiracy in las vegas. if you don't admit guilt people really don't have much to -- they really don't care much about your parole hearings, or your habeas corpus, or anything else when you bring it to

trial. you haven't admitted you did anything wrong. >> if he's able to prove that his lawyer did something unethical he's got a shot. >> he didn't. look it, oj simpson -- gregg: we'll have to leave it at that. martha: what was he going to say. gregg: we'll wait and see what happens. maybe we can talk about it again. mark fuhrman, thanks very much. and arthur aidala, thank you for being with us. martha: we need to talk some more about that. all right you guys. let's go over to jon scott telling us what is coming up on "happening now" at the top of the hour. we could haveyou think those some coming up. we are minutes away from a live news conference with president obama and uk prime minister david cameron. two big stories could come up there, the growing scandal embroiling the irs, the potential political targeting of certain groups, including tea party members.

and second the fallout over the benghazi terror attack. plus we'll also get into fox news watch today, why haven't the mainstream media done more on the irs story and why does it take so long to get the white house press corp interested in benghazi. our news watch panel weighs in coming up on "happening now." martha: we look forward to all of that, jon. thank you so much. one man says it was like an ice chest coming right at you, an ice tsunami. i'm calling it the ice blob. it smashed homes and windows. the cause of this. >> i fished on the lake several times years ago during the opener, and, no, this is the first time i've seen it, ice on this lake . [ male announcer ] from red lobster's chefs to your table our seafood dinner for two for just 25 dollars! first get salad and cheddar bay biscuits.

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martha: they are serp leer used to snow up there. most folks in northern minnesota have never seen anything quite like this. this is the scene in san today,

aerial video showing a large mass of ice from a nearby reservoir clawing its eye down a frozen lake. it starts to roll across the land and creep into houses and break windows. that is in minnesota. the ice pushed past the shoreline and went up to the doorsteps. it was like a moving blob. corey powell is editor at large for discover magazine. this was creepy. >> freaky day of nature a. martha: what is going on out there. >> this is kind of a freak set of events. you have late spring ice on the lake, you have these incredibly high winds. you can't see it in the video. the within were about 40 miles an hour. that is the kind of wind that would flatten you if you're standing up. the wind catches the ice, the ice piles up and the ice is surfing across the lake on the wind. it's like a glacier in fast motion. martha: the dynamic that creates it is the melting some where are

where and its stars to push the eye and loosen it up. you say ice is a pretty good mover anyway, right? that is its dynamic. >> right. you had exactly the right set of circumstances here. you had all the ice on the lake, incredibly high winds and you have the land is actually relatively warm because it's springtime. what happens is the ice piles up a little bit of the bottom melts, almost like the way an ice skater skates across the ice, the ice melts under the skate. this ice is skidding along on land and it's dragging dirt and boulders with it. that is actually going to be the hardest thing. the ice melts but it actually dredged up all of this dirt and rock from the bottom of the lake and dumped it at the end around people's doorsteps. martha: destructive. powerful destructive stuff this is. >> right, ice is what shaped that whole state. ice is what made the lake, what made the great lakes, the same process on a much larger scale, just ice scraping along incredibly powerful force. martha: very interesting. all right. you don't see that every day.

corey, thank you. always good to see you. >> pleasure to be here. martha: thank you for coming in. gregg: it's kind of creepy. very creepy. a live look at the white house where just minutes from now president obama set to face some questions on benghazi, and the irs scandal, at least we expect that to be the subject matter. we'll be right back. we went out and asked people a simple question: how old is the oldest person you've known? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed much is the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪

martha: thanks for being with us today, everybody. gregg: that will do it for us. have a great day. hospitals begins right now.

jenna: this is fox news alert. we are awaiting the president today who is about to hold a joint news conference with british prime minister david cameron. you're looking live the a the east room of the white house where both leaders are eastbou expected to speak in 15 minutes. we will watch for any comment from the president on two of the top stories today, the irs scandal involving the targeting of conservative groups and now others as you'll soon learn from mike emanuel and the latest developments in the benghazi investigation. two big stories, we have them covered throughout the show today. we'll bring you the president's remarks live when they happen. first right now brand-new stories and breaking. jon: they have taken out many terror suspects in far away places but now a fresh push to have congress first sign off on some drone missions. will this in anyway slow down the fight