>> brian: a big show tomorrow. landon donovan, right in the middle. >> steve: michelle malkin will be live from the great state in colorado. >> gretchen: for me, bob massi. >> and anna kooiman bill: good morning. fox's alert on the scandal of the irs targeting certain groups widening. there is a report that the irs had a so-called look theout list and they were department in limbo for years. martha: good to have you back. here is the latest on this. the justice department and the fbi opened criminal

investigations of the irs treatment of these groups. we are told 500 organizations were singled out for additional scrutiny and groups with liberal names got none of this scrutiny and they were approved for tax exempt status. they went through the process in 9 months. the conservative groups on the list had to wait up to 3 years. >> i had the commissioner of the irs in front of my subcommittee and he denied this was going on. he flat out denied it. >> reporter: did he even bother to look? >> it begs the question. was he not aware of what was going on in his agency for was he lying? bill: where are we on this story

this morning? >> reporter: the anger here is on two different tracks. one is the report blames ineffective management. so what the irs was doing there, angry about on capitol hill. the second track if you will is the not coming clean to congress. bottom line, irs officials have some explaining to do. >> if they don't know how to handle it they need to sit down and find an intelligent justifiable way to handle it. this was not justifiable. it was not justifiable. and they should have let us know -- >> the general culture of the willingness to use the instruments of government to put your political opponent in a bad position. you have seen that on issue after issue. >> reporter: senator gurgin is

the top democrat on the ways and means committee. they have ordered all document be turned over to congress by next friday. bill: what are we hearing from the groups who were targeted. >> they said they were asked unnecessary inphone such as party affiliation of key leadership. one tea party leader said the red flags were how long it was taking and the 55 questions they were asked. >> they wanted to know information about our members. who they associate with. what alarms me the most is i think they wanted to know our donors' names. personal information about them. they wanted to know if they were going to run for office or have ever run for office. >> reporter: the inspector general made 9 recommendations and they say they will implement 7 of them and the inspector

general says that's not good enough. martha: the top republican on the senate finance committee is not satisfied with the justice department investigating the irs. nor orrin hatch -- senator orrin hatch says the power of the irs should not be taken lightly. >> at no point in time did anyone in the irs think it was important to set the record straight. no single agency in government has the power the irs has. they can destroy people. this is an agency that can create more fear in the hearts of people than any other agency. martha: hatch and 10 other republicans wrote to the irs last year demanding answers why the irs requested donor information from certain groups. senator hatch says it was just a broad explanation of a law

allowing that request. bill: senator mcconnell asking for full transparency and asking for information from the white house. >> i'm asking them to make available everyone without restriction, who can answer what's been going on at irs, who knew about it, and how high it went. bill: senator mcconnell called for an end to the administration's stonewalling. martha: president obama respond to the report in a statement. earlier he said he hadn't had a chance to look it over. i have now had the opportunity to review the report on irs personnel who improperly

targeted groups and the friengsd intolerable and inexcusable. the federal government must conduct itself in a way that's worthy of the public's truth and that's especially true of the irs and its employees must act with utmost integrity. all of this raises so many questions and the irs is about to become in many ways even more powerful when the president's healthcare law kicks. it is the agency's job to enforce some key pieces of the healthcare plan. remember that? this means irs agents will soon be collecting even more of your personal information to decide whether you are eligible for the subsidies allowed under the healthcare program. stuart varney joins me now on there is. does this scandal stoke more fears about how healthcare will

be enacted, stuart? >> reporter: absolutely, yes, it does. it's beginning to have a continues impact, especially on obama-care. the irs will be the policing agent. you will have to on your next tax return. you will have to report to the irs personal healthcare information. two developments on that. you have to ask the question, do you trust the irs with your personal healthcare information. diane black, republican, 10 seep. she wants to stop the irs from being the policing agent for obama-care. dean heller republican nevada. he wants to stop the hiring of 1,954 irs agents who will be hired to police obama-care. there is this pushback upon whether the irs can be trusted

with your information. martha: it's a dangerous and slippery slope when their credibility comes into question. they know what you make. they know what your income is. now they are supposed to marry that information with whether you are eligible for a healthcare subsidy. and that raises questions because you have got to keep them posted on every change that may lap in our employment picture. >> there is more to it than that. your doctor is going to put on file electronically your entire medical history. and the irs wants to know about your health insurance. there is no wall between those two areas of information. and bearing in mind what they have done politically there is no assurance they won't jump that wall and go into your personal medical history. that's where the lack of trust

comes in. martha: we were told you didn't have to fear anything about your privacy and having your healthcare record online wasn't an issue. but people have been scanning document for catch words you wonder what they will scan in terms of healthcare and health records. it's a legitimate question. >> reporter: it's possible the irs scandal will delay the implementation of obama-care. that's where this is heading. bill: you mentioned the inspector general report. we got this out of it showing the irs is a bureaucratic mess. 30% of phone calls to the irs went unanswered. and the wait time to speak with a rep was nearly 17 minutes. nearly 48% of all correspondence to the year not responded to in what was considered a timely manner.

martha: it will be a big day on capitol hill because attorney general eric holder is expected to be on the hot seat. he will appear before members of congress. he is america's top law enforcer and he is under fire from many side for the justice department's decision to seize phone record of associated press reporters. he has defended that decision saying america's national security at the time was at stake. >> this was a very serious leak. and a very, very serious leak. i have been a prosecutor since 1976. and i have to say that this is amongt if not the most serious it many the top 2 or 3 most serious leaks i have seen that put the american people at risk. that is not hyperbole. it put the american people at risk and trying to determine who is responsible for that, i think required aggressive action.

martha: that's the central question. whether the risk was such that they were allowed to go around the rules in order to dig into those phone record. at the time there was not that indication that that threat posed a real threat to americans. you can expect to fireworks in there, we would expect and plenty of headlines. bill: we'll ask senator mccain what he thinks about that. stay tuned. martha: we have nothing to do today. very full plate. and we are just getting started. the administration is going to be playing some defense. a lot of fallout. you have got the three separate controversies. one of the big questions is, is

this administration good at holding people accountable. we heard outrage, but what about people losing their jobs and real accountability? bill: where was president obama on the night of the benghazi attacks? >> remember when they were doing the bin laden raid you have got pictures all over the place of the president sitting in the situation room monitoring the takedown of usama bin laden. this was exactly the opposite of that. could've had a v8. in the juice aisle.

martha: it was a dramatic rescue for a border agent who fell off the side of a mountaineer san diego. he slipped off the cliff while on a routine patrol. he did suffer some head, arm and leg injuries. not believed, though, to be life-threatening. bill: attorney general eric holder on the hill appearing before a hughes judiciary commit -- before a house

judiciary committee. they will ask him what he knows about the irs singling out con groups going back five years. i'm going to move through this stuff pretty quickly. based on what you know about this irs report, how would you characterize it? >> disgraceful. government agencies without sufficient oversight. too broad a charter. we not only are find out they asked totally inappropriate questions and delayed the requests by the conservative groups as well as targeting them, they facilitated the tax exempt status of the liberal organizations. this is outrageous -- it's been used so often.

but what this does unfortunately is very accurately and justifiably increases the american public's scepticism about the role of government in our society and increases frankly the danger of a total lack of confidence in our government and those responsible have to be punished and it's hard for me to imagine that this is just a bunch of low-ranking people who have done this. bill: that was a mid-term election. when the tea party was at its strongest, one would argue. you had 7 or 8 democratic senators encouraging in that year for the to investigate these groups. these are your colleagues. what do you know about that? >> i don't know a lot. but if a group ought to be

investigated, if there is some evidence, that's the case. but it seems like there was a certain shall we say selective outrage about these different organizations that were involved in the political campaigns. but the tea parties are grassroots organizations. they are not big lobbying outfits in washington. they are not well turned. they are the most easily intimidated. this is particularly egregious. bill: you refer to this "usa today" report suggesting liberal groups were the same size, scope and mission. on these issues ... >> and the questions asked of the tea party groups are outrageous -- i'm tired of using the word outrageous, but it's appropriate. bill: this is the first time we have had a chance to speak

publicly on television this week since the president made his comments about benghazi. this is what he said monday. listen and react to his response. >> suddenly three days ago this gets spun up as if there is something new to the story. there is no there there. bill: there is no there there, senator. >> the well-known right-wing conservative periodical "washington post" fact checker gave the president of the united states four pinocchios, that's the maximum they can give. we have been saying all along the president of the united states during the height of a presidential campaign and in a presidential debate did not tell the truth. he said he called it a terrorist attack on the morning after it happened when he did not. he condemned terrorist attacks and after that for two weeks time after time after time the president of the united states said we don't know, talked about

hateful videos, talked about spontaneous demonstrations and misled the american people and said that that he called it a terrorist attack in a debate with mitt romney. and unfortunately that false statement was corroborated by the moderator. bill: as you look back on that time line was he lying? >> he certainly wasn't telling the truth about the fact that he had called it a terrorist attack. he condemned acts of terrorism and that very night on "60 minutes" he said we don't know. we are still investigating. two weeks later when the overwhelming evidence was clear that it was a terrorist attack affiliated with al qaeda before the united nations the. he condemned hateful videos that were outray was, et cetera. so the president of the united states according to the "post" fact checker glenn kesseler, he

had four pinocchios. he did not tell the american people the truth then, in a presidential debate and for repeated appearances for two weeks. bill: you are not saying he lied. you are not using that word. >> i have never used that word, bill, because it -- he is the president of the united states. i will say that it's clear that he did not tell the american people the truth about his comments concerning this death of four americans taint was during a presidential campaign. you have got to remember it was part of the presidential narrative about al qaeda is on the run, bin laden is dead, not to worry. bill: senator, thank you for your time. john mccain from the hill. martha: was it james blond, this u.s. diplomat detained in russia

wearing a disguise and accused of spying? we have the latest developments on what could be a developing spy scandal. >> we can confirm he was detained and released. [ male announcer ] eligible for medicare?

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bill: prince harry is having a good time on his american tour. stopping to play a little bit of baseball in harlem. he visited a baseball clinic and participating in drills. >> princes are usually in castles. who would have time to play baseball? >> mostly in castles. prince harry is promoting

business relations between the u.k. and america. martha: good trip for him so far. >> reporter: he's used to the cricket bat. but the baseball bat? martha: was it spy versus spy? russian security officials kicking a u.s. diplomat out of the country. they are accusing him of recruiting for the cia. he was wearing a blond wig, carrying cash and a lot of other equipment. what are the latest developments on this? >> reporter: even the more serious newspapers are finding this story bizarre with humerus headlines. the financial times saying the name is blond, that's the reference to the wig the man arrested had on him. the americans are not saying anything further today. they won't even name him as ryan

fogel. all they will say is an officer of the embassy was briefly detained. the u.s. ambassador was called in by the russian embassy to explain something or answer questions about an action. he's making no comment about this. the embassy generally is not saying anything today. meanwhile lots of analysts are weighing in saying something here does not add up. one was quote as saying, look, russia is the most saturated and tough counter intelligence environment. it doesn't make sense that someone would have these wigs, sunglasses and atlas of moscow on them. martha: very strange, the whole thing. what do we know about what he was allegedly trying to

accomplish there? >> reporter: the russians are saying he was trying to recruit a counter-terrorism expert who had knowledge of the caucuses. but there has been nothing more from the u.s. government. apparently according to the russians this man had on him a note of instruction to the person he was trying to recruit with an offer of potentially a million dollars a year if his work turned out to be good. analysts say it's odd that russia had made such a public display of this arrest. but frankly some say that could be for public consumption for russia to say to its people, we caught an american spy. martha: interesting. amy, thank you. bill: there are questions about the president's response to benghazi.

donald rumsfeld on the holes he sees in the president's explanation. martha: the white house is clearly on the defensive with all of this. a trifecta of scandal. we'll break them down and debate that. >> we have seen the report. if if the reports are true he said he would consider them outrageous. 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. the next day, we sprayed febreze air effects and led in real people. i'd say it was very pleasant. flowers everywhere. oh! [ chuckles ]

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we're not in london, are we? no. why? apparently my debit card is. what? i know. don't worry, we have cancelled your old card. great. thank you. in addition to us monitoring your accounts for unusual activity, you could also set up free account alerts. okay. [ female announcer ] at wells fargo we're working around the clock to help protect your money and financial information. here's your temporary card. welcome back. how was london? [ female announcer ] when people talk, great things happen. martha: the obama administration

busy trying to defend itself in three stories that could be scandals. the white house and the justice department not giving direct answers. check out jay carney, and then eric holder in back-to-back briefings. >> this is a matter when it comes to the irs that is under review by the independent inspector general. we have not seen that report. >> i'm not familiar with all that went into the formulation of the seen a. i was recused from that matter. >> other than press reports we have no knowledge of the justice department seeking records of the associated press. >> you are getting into matters that are beyond my knowledge. >> it would be wholly inappropriate for me to have answers to those questions.

we have to wait and see what next tems are. >> particular not answer that question. >> i cannot and he cannot comment specifically on taken ongoing criminal investigation. >> perhaps we can get the exact date, i don't know when that was. >> i can't respond to this specifically. >> i don't know the exacts there. martha: that's a lot of tap dancing. the white house did review the i.g. report on the scandal. no word on whether anybody will get the ax in any of this. we'll speak about this with alan colmes and tucker carlson. good to have you both here. tucker, i want to start with alan. is that troublesome what you just watched? >> absolutely. you don't want the president to find out things the way you find out, from the news media. you want them to be ahead of the curve. you have got to get out in front. there is a way to handle a

potential scandal and that's to get ahead of the story which is not what this white house has done. martha: when you look at the irs situation the white house says this is terrible this is going on. we didn't know. you look at the ap situation, we saw eric holder saying that was handled by my deputy. he authorized the subpoena and i didn't know. you go back to benghazi and you watched hillary clinton say those requests for security at the embassy, i never saw them. what's going on. >> you have to wonder if jay carney as a form reporter feels shame at having to defend this. we reported last year, for example, that the irs leaked mitt romney's personal donation reports. money he had given in secret to traditional marriage group to taco chair of the obama campaign

and that information was used in attacks against the romney campaign. nobody did anything about it. that's been throughout for many months. we also know that a number of high profile romney donors attacked by the obama campaign were audited. audited three times in four nos for one of them. the fact that this was confined to three offices, we don't know. we do know the irs was subverted for political purposes by the obama campaign. i think it's time to ask the question why did nor harry reid seem to know so much about mitt romney's tax returns. he went on that subject during the campaign. i think it's time to reopen that and ask the senator, how did you know this? martha: you mentioned jon stewart. a lot of places we haven't heart

outrage from in terms of the way things are being done. we are hearing it now. what do you make of that? >> it's about time -- you have to look at things as the quote, i have heard that phrase fair and balanced. conservatives have overshot so often and gone after obama for everything. the whackos calling him a secret muslim and saying he wasn't born here. so when there is something that deserves our attention i think they lose some altitude and that works to the benefit of the white house. but we have to be honest about the fact that this is not good. and if the white house lawyers knew we found out in april about this irs issue, why didn't they bring it to the attention of the president so he didn't have to find out about it at the same time other people did. martha: what about that, tucker, in terms of the justice department doing the investigation into the irs? is that too close a relationship for us to get an honest answer,

an honest investigation there? >> it's a sad day when you have to ask a question like that. but the idea that the justice department couldn't be trusted to do a basic criminal investigation is scary. i don't take it on faith that they didn't know. they lied about benghazi, that word is not too strong. martha: should there be an independent investigation, given all of this to say let's stop messing around. let's do a select committee on benghazi. let's get some independent investigators involved in this. and shouldn't the president be the one saying that's what we need? >> it's congress' role constitutionally. he ought to know that as a constitutional law professor, to provide jeff sight of the executive branch. >> people like issa who will never give the president a break. when the president said act of terror, issa said he didn't say

terror attack. >> i would argue the president has received a lot of breaks from the press. this is a scandal that insulted the world as well. >> you can't assume the president knew. let's get the facts on this. >> i don't know and i'm not assuming he didn't know. and you shouldn't either. >> let's get the fact.before we start going on the attack. martha: that's what we are going to do. we need to unravel the facts. there has been some excellent reporting done on benghazi. tucker, thank you very much. alan, thank you. bill: the headline hour, last hour, there has been a fall in u.s. wholesale prices. the most in three years.

the dow is trading lower now down 24 points. but it's early. martha: we have three issues we are talking about with tucker and alan. and a lot of fallout from these controversies. is it time somebody is held accountable? that's one of the big questions out here. how hard is it to get fired? does anybody get fired in these situations? bill: what will it be for jodi arias, is it life or death? [ femalannouncer ] from more efficient payments. ♪ to more efficient pick-ups. ♪ wireless is limitless.

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martha: one man' mission to raise money for charity has ended in tragedy. richard swanson was hit by a truck and he was killed while dribbling a soccer ball along an oregon highway. he was 10 days into a quest to dribble the ball from seattle to brazil for the world cup. he was raising money for a charity that donates soccer balls to developing countries. bill: there are new questions obama is facing on his handling of benghazi. some critics asking where was the commander-in-chief the night of the attack. charles krauthammer on special report. >> where was the president that night. we have seen the pictures of

obama on the night of the so sama raid. show me a picture of where he was on the night of the attack in libya. and lastly the talking points which are a fiction and come poundinged by the fact that the president now says i said it was a terror attack on the day after. that is not true. even "the washington post" has said it was absolutely a falsehood. bill: steven haste hayes. why would a ticktock of the president's actions, why wouldn't that be out? >> the white house did put out one picture of the president meeting with some advisers in the white house. we think that picture was from about 7:30 on the evening of

september 11. but charles krauthammer is exactly right. there is a lot me don't know about where the president was. we know he me have had a phone call with benjamin netanyahu that may have lasted an hour. i think we know it was before 8:00. and i -- this is speculation, but i think it was in the 5:00 or 6:00 -- bill: israel is hours ahead of washington, d.c. so you are talking 1:00 in the morning for the israeli prime minister. what charles was talking about is something dick cheney said the other night with sean hannity. that's how the white house framed the deep involvement the president had the night of the bin laden raid. and what the president's point was every time september 11 rolled around, we were at the ready and he went on to be

critical how this administration was not at the ready. >> for a long time you had the administration trying to down play the significance of the anniversary of the 9/11 attacks and the attacks in benghazi. i remember jay carney in a white house briefing september 14 might have been the following week, scolding a reporter who said in effect, weren't there extra preparations taken because this was a 9/11 anniversary. jay carney said you are con plating two things. of course, everybody understood that that was the reason for the attacks. that was the reason for the protests elsewhere. bill: apparently there is different reporting and you were first on this 10 days ago. but politico is out with their report just moments ago suggesting the administration was going to put surrogates on the sunday talk shows this past weekend to talk about benghazi

and the irs. talking points is what got us into trouble in the first place. what do we know about that? >> it's not that the talking point process is a problem. it's the content of the talking point that's a problem. if you provide the truth in the talking points and you tell your surrogates and encourage people supporting you to tell the truth then the talking points shouldn't be a problem. you should be able to post your talking points on the white house web site. the problem is they weren't. and you had a version that started with the cia and 24 hours later after a scrubbing -- after going through an inner agent $i process ended up looking not much like the original talking points. the problem is the content. >> what appears to be developing here. what appears is this battle for positioning on behalf of the

cia, the white house and the state department. there was a report that came out late last night about these talking points. how is this story developing? where is it headed do you believe? >> i think the next big question is what information will the administration provide. you had david axlerod saying he wants the white house to put all the benghazi e-mails out. you have had reporters calling for that. there is a lot of pressure congress and other parties to put those out. we need to see the presidential daily briefs. the memo sent by the cia station chief in libya describing the attacks. maybe redacted versions of fbi interviews of the survivors. those are the kinds of things the white house could provide if it's interested in getting the entire story out which is what the white house still to this day claims.

bill: some suggest it's cya. but it's bya, because you asked. just need one line in the question mark. martha: many conservative groups were targeted by the irs and they were on a list agents were told to be on the lookout for. critics compared this to nixon's famous enemy's list. send me a tweet at martha maccallum. bill: what will the juice say to try and win his freedom. >> he couldn't even lift a glass of water to his mouth. i thought it was inhumane the way he was treated yesterday. written by people just like you. you want to be sure the money you're about to spend

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martha: jodi arias heads back to court as jurors decide whether she should face the death penalty. let's bring in criminal defense attorney who has been in court through much of these proceedings. >> today will be interesting because we are starting the aggravation phase that we have been waiting for for almost a week. we'll hear the state put on evidence why this was a cruel killing. of course, we think first degree murders are all cruel. but arizona allows the death penalty if you can prove it was especially cruel, heinous and inflicted a lot of pain on the victim and the victim was conscious of the pain. probably the medical examiner and maybe even the chief

investigator to show how much blood was around the scene. and the jury heard all this before so it will be nothing new. but the state has to jump over this hurdle. martha: stabbed 27 times and a throat slit from one side to the other may meet that measure. but we'll see what they think. then comes the mitigation where they would try to argue for a live penalty over death. she herself said she would choose death. >> if the state proves beyond a reasonable doubt that there is that aggravating fact over cruelty that's where we get into the mitigation phase. she says she wants the death penalty. does anybody believe her? no. we'll see if she backtracks during the mitigation phase. bill: should eric holder be the

one to investigate the obama administration? we'll have a look at that. what is not adding up on the night of benghazi. can you imagine americans under attack, other americans ready to risk their lives to help them, nobody goes? that's why these hearings have got to go forward. they will have to call the people up and find out.

martha: we are awaiting a showdown on capitol hill. attorney general eric holder will face what is expected to be a grilling from gop lawmakers. we are expecting tough sides from all sides on this issue of the irs and the associated press. welcome to a brand-new hour of america's newsroom. he will walk into quite a situation. we'll see what happens. i'm martha maccallum. bill: i'm bill herm. the justice department embroiled in its own scandal involving the seizure of associated press phone records. >> everyone can agree if not criminal they were certainly outrageous and unacceptable. we are examining the facts to see if there were criminal violations. martha: is the ap pushing back on this?

>> reporter: the a.p. is pushing back hard on the statements of the attorney general yesterday. that somehow their story from may of 2. >> 12 was one of the most egregious leaks ever. >> i have been a prosecutor since 1976 and this is amongst if not the most serious, it's the top 2 or 3 most serious leaks i have seen. >> reporter: the news organization points out a little known fact that they worked for a week with the administration and only published their story once they had been assured the national security concerns had passed. the ap told gretta van susteren that the justice department is not following the law. >> there were regulations put in place after water gait scandal to mediate that situation.

and that was ignored here in a dramatic way. >> reporter: officials tell fox news the loss in this story was the loss of this moulin side al qaeda and yemen. once the ap story was written, that asset was out of the picture. martha: so interesting. what do we expect in these hearings? >> reporter: it's clear that there is discomfort about the move by the justice department on a bipartisan level. what we are hearing from republicans is they think this is part of a broader pattern to intimidate whittle blowers. democrats say the seizure of these records was simply overly broad. >> i think the first amendment is one of the great things we have as a country. i don't know who did it or why it was done. but it's inexcusable. there is no way to justify this. >> it's designed to intimidate

people who may come forward in the future to tell stories the obama administration wouldn't like to hear. >> reporter: this i believe may be the leading edge of the story is to what extent the phone companies cooperated with the justice department without notifying the ap or its personnel that their work records and personal phone records were being hand over to this investigation. typically the phone companies will give you this kind of notice. martha: meanwhile, there is big news on the irs scandal. the inspector general's report tasking eric holder and the justice department with investigating the situation. should the obama administration be investigating itself? goo question this morning. we'll put that question to jason chaffetz who joins us coming up. bill: former secretary of

defense donald rumsfeld on benghazi. here he is in sean hannity last night. >> i can't imagine how a person could stand up there when everyone knew it was a terrorist attack. it was the anniversary of 9/11. the people were not demonstrators. they were well armed. and the idea that it was somehow related to a youtube video and that narrative kept being promoted, i suppose it's because it fit their hopes. and what they wanted to be the case. martha: big question today. what's the impact of these controversies. you have benghazi and the irs situation and the ap phone records that were dug into by the department of justice. send us a treats at martha maccallum and @bill hemmer.

>> you can imagine now what the house speaker has on his plate. we'll so downboehner. when he comes out we'll bring -- we'll see john boehner. he was pretty strong using language he usually does not use in public. we'll see how the speaker's mood is today regarding all this. martha: we heard outrage from the white house over these issues and not a lot of action. some might say in terms of what the ramifications are. you look at the fact that the department of justice is going to be looking into this irs issue. then you look at the credibility factor for the department of justice on the ap issue and it makes you wonder whether this is going to add up or whether you will need an outside investigative arm given all the department of justice is facing right now. bill: his home district is right near cincinnati. if it is true this began in

cincinnati, but was known by some higher ups and superiors in the irs in washington, you wonder how high up it goes and you wonder what sort of information house speaker john boehner has been privy to. martha: we keep hearing how reprehensible it is. and if you are looking for political activity, then you would have to do it all around if that's what you are trying to scan for. who authorized this. somebody along the line said this are the words we want you to scan for. who did that? bill: there is a report from ""usa today,"" saying several liberal groups -- a lot of these grassroots organizations, they don't have money, that's why they are trying to be a non-profit to raise money. they don't have money to pay for legal representation. but the liberal groups were more

or less the way the government works they were fast tracked and a lot of them were given permission to organization as a non-profit within a period of 9 months. the same groups on the conservative side were held back 27 months. martha: john boehner has become forceful on the benghazi issue in terms of what document need to be released. that's something ought oversight committee has been fighting hard for for months and months. now that the new revelations have come forward. this is put another fire under this issue. john boehner has said to be emphatic about wanting answers and hearings, perhaps. perhaps another hearing where hillary clinton comes in. we'll hear from admiral mullen and tom pickering. a study that's been brought into a lot of question as well. these are -- you think about the

second term agenda. and the things the president wanted to get to. this has them very preoccupied. bill: on the irs story you have to look at the time line for 2010. if the time line sticks, in pennsylvania what month in 2010 did this begin? that was during the obama-care battle being waged in every state across the country. that's when the tea party movement, they were at the clear of their strernlts. there were 7 or 8 democratic senators urging the irs to investigate these groups. here is the house speaker john boehner on capitol hill. let's listen. >> americans need common sense solutions to help create jobs, and they need accountability from their government. the house is working to give them both. our jobs plan has been out there

and we are going to continue 0 focus on it. this week we'll be repealing obama-care. why? because it's going to raise the cost of healthcare, raise the cost of health insurance, reduce access to the american people, and continues to get in the way of employers hiring new workers. in addition to that, i think the american people deserve the truth and fairness from their government. i want to applaud mayor clan issa on the government reform committee for all of their work on benghazi trying to get to the bottom what happened. the administration could make this a lot easier for all americans by coming forward with e-mails that they have shown us in some cases but have not turned over to us. and i don't want to prolong this any more than anyone else. what i want is the truth. in addition to that, the irs

admitted to targeting conservatives, even if the white house continues to be stuck on the word "if." my question isn't about who is going to resign. my question is who's going to jail over this scandal? good morning. obviously there have been a lot of questions raised over the last several days that the news has i think awakened the the public beginning to raise questions in their minds as to the direction of this government, as really to whom is this government accountable? and we are going to proceed obviously in our work here in the house tblearg mind we have got to the restore the trust in government, and we have got to restore the faith in our economy. and there are questions being answered and we are accountable to the families of the victims

in benghazi. we certainly are accountable to the taxpayers and the people of this country as to the actions of the irs. and we certainly have plenty of questions that are accountable to the press. its first amendment rights and its ability to enjoy those and realize those. we have plenty of action on the floor today. this week, obama-care repeal is there again because we do not believe that an individual mandate is the direction washington-based healthcare is the direction we ought to go. and we also are going to be working on an fcc accountability act. this is a bill coming out of the financial services committee. it is a bill that the president's former jobs council said is necessary in terms of creating the conditions to create jobs. i'm hopeful we can get a

bipartisan vote on that on the one thing we'll are continuing to wonder, that is, is washington concerned about the future of this economy. >> the american public is wondering based upon your political beliefs or economics and job, maybe they should be focusing on job creation. one thing that the president can do when to look for something bipartisan in job creation is the keystone pipeline. 20,000 jobs could be created with that single approval. tomorrow is an anniversary. 1,700 days since it applied. 1,700 days. 15,000 pages have been reviewed. instead reviewing the american people what they do with their politics, let's find ways we should review and make the jobs

created. can it pass the house? it has proven it can. can it pass the senate? >> yes. in march the vote as you 62-37. the report came back said it was minimal environmental impact. but a maximum impact on 20,000 jobs. the election is over. the time now mr. path is to focus on job creation and get the administration working in the right direction, and i believe keystone is in place, we should focus. >> what the american people expect from their government is accountability, and they expect us to create an environment where the economy will prosper. and when president obama's healthcare law his proposal became law, 2,400 pages became law. he told us it was going lower costs, improve quality, lower

premiums, cover anyone that had a preexisting conditions and for those under 26 they would now have healthcare. but today as we pull back the curtain on this law, what we see and what the american people see is that obama-care is making it worse. the president promised premiums would go down. in fact he said premiums on the average american family would go down $2,500. what we are seeing for the average american family premiums have gown by $3,000. the president promised those with preexisting conditions would now be covered. unfortunately less than 1% of those with preexisting conditions were able to sign up for the very program that was made available to them before the president announced they were out of money. the president promised his plan was going to lead to all americans being -- having access

to health insurance. and yet cbo has already analyzed that when this law is fully implemented there will be 30 million people still uninsured. clearly this law is making it worse for americans. from all background, from all walks of life, from every corner of this country. it imposes higher costs. it's limiting access it's very difficult to find a doctor who will take a new immediate care patient right now. it's threatening the very health innovation and medical technology that this country has led. so that's why i'm proud the house republicans this week are voting to repeal this law and we are committed to working to replace it with the kind of healthcare reforms that will help americans, not hurt them. bill: obama-care, the economy, jobs, a lot of topic on behalf

of the republican leadership. but the strongest statement about benghazi and government truth and fairness. by speaker boehner. on the irs, my question is who is going to jail. in the meantime we have a congressman waiting in the wings and martha has that. martha: utah congressman jason chaffetz is on the oversight committee. bill just mentioned the quote that was very firey moment ago from john boehner. we want to replay that and get your reaction. let's listen. >> the irs admitted to targeting conservatives. even if the white house continues to be stuck on the word "if." my question isn't about who is going to resign. my question is who's going to jail over this scandal? martha: wow! what do you make of that,

congressman? >> i'm glad to hear the speaker fired up. what we hear consistently from the obama administration, they are going to be the most transparent ever. but when the scandals happen they blame everybody. everybody is responsible but nobody is held accountable. nobody is fired. you look at what happened with benghazi. nobody was fired in that instance. you take scandal after scandal. everybody says i take the responsibility but nobody is held accountable. so to hear the speaker say that, i'm proud of him. martha: there is a long history of that. we listed a lot of examples of that. you look at fast and furious where there was so much outrage over. in the end. just a couple of people resigned, a couple people were moved around a little bit. and no heads rolled in that situation. so you get to a point where if you are going to be emphatic about something and insist something is intolerable as the president has done on this irs story. what comes next is the big

question. is it fitting for the department of justice to be investigating given all of this, the irs, congressman? >> i think the time has come, we need to look at potentially having a special possible cue more this case. you have the attorney general himself who should be ultimately responsible for this investigation. he said he's had to recase himself and did so a look time ago. if he's able to oversee something like this a special prosecutor is someone we should start the debate and discussion about. this is a situation where not on the irs, did it go to other areas and maybe a special prosecutor is warranted in this case. martha: will you call for that? what happene -- what happens ne? >> i'm saying for the first time publicly that's something we need to he can more. at 1:00 we have attorney general holder coming before the thousands judiciary commit d

before the house -- coming before the house judiciary committee. maybe that's something that will come up and be explored. martha: the question is whether the irs which is obviously an institution everybody needs to have faith in in this country. whether there was an abuse of power. we know what came out of that inspector general's report. as john boehner said, he feels the white house is hung up on the word "if" with regard to all of this. jay carney saying they are not an "if" in terms of whether these groups were targeted. the question is who told these folks to do so? >> one of the stories came out it was happening in the ohio field office. but quickly we are hearing stories it happened much more pervasively. if you look at the testimony at the ways and means committee.

senatorn they are asking hard questions of the senior manage pmght and they were tote -- senior management and they were totally denying this. the white house is saying if if if. the executive branch gets them weeks before we get them. they have a chance to review and offer comment to potentially edit these types of things. the inspector general takes those into consideration. while proud of the work on the surface of what the inspector general says. i know what the oversight committee, congressman issa will be leading the charge to dive deeper into this. martha: will you be asking eric holder in that hearing if he will be overseeing the irs investigation and whether he thick that's appropriate given the background here? >> i think there are a host of

members who will dive deep into that issue. i'm further down the dais. but it's obviously something the attorney general will have a lot of shard questions on. you can't keep hiding every time, there is an investigation, oh, i recused myself. you can't keep doing that. just because there is an investigation doesn't mean you don't answer questions to the united states congress. bill: this press conference continues, question and answer with the house speaker. that is wrapped up. if there are other headlines from it we'll bring it to you after the break. but the headline we got a moment ago. my question is, who's going to jail. from speaker boehner.

bill: fox news alert now.

moments ago before the break the house speaker and the republican leadership taking questions on obama care, benghazi, irs the scandal that continues to grow by the way. here is house speaker john boehner after he made his initial statement. the questions and answered that follows is how he character rised what happened with this irs deal. >> there are laws in place to prevent this type of abuse. someone made a conscious decision to harass and to hold up these requests for tax exempt status. i think we need to know who they are, whether they violated the law. clearly someone violated the law. >> let me tell you i am very interested in -- and i'm hopeful that we will get a clear explanation for why such unprecedented action was taken.

it bee tpu befuddles me that there could be some justification to allow them to infringe on the first amendment to the constitution. bill: you heard it earlier, who is going to jail is the direct question john boehner started with in his opening statement. also he said the house will repeal obama care. look for that vote in congress this week. it has been four years since we have last heard from oj simpson. that will likely change today. the former hall-of-famer expected to take the stand in his bid for freedom, and he will talk, we are told. william la jeunesse live in vegas this morning. what evidence is his team producing so far to support their claims? >> well, bill, can you pay a defense attorney half a million dollars and still claim ineffective counsel? oj simpson is, arguably he had his best day in court in five years yesterday when the man who

put him behind bars in nevada, the county attorney at the time basically dropped two bombshells, both in support of simpson's plea for a new trial. number one confirming that he did discuss a plea offer of 30 months with simpson's attorney at the time, yale galanter who claimed that he did speak with simpson and simpson refused anything less or more than 12 months. >> i said, you know, mr. simps if mr. pheupl son was willing to plead guilty and do about 30 months in prison we could sit down and talk. and he said okay. >> oj simpson will say today that galanter never discussed a plea offer, a contention supported by earlier testimony this week from simpson's other defense attorney gabe grasso. >> it means that that is an argument for ineffective assistance of counsel, that in fact every defendant should have the opportunity to say yes or no to a plea deal. >> so simpson did not take the

stand in his murder trial in 95, or the robbery-kidnapping trial here in 08. it's a risky deal but his attorneys say it's necessary if this guy wants to get out of jail. bill: william, what else do we expect to hear today? >> you know, yesterday the da and his assistant both said that galanter stipulated in court that he did not speak with simpson beforehand about the palace station robbery or what he was going to do there. galanter even said in court, quote, i had nothing to do with it. yet phone records introduced yesterday show that he and simpson spoke three times the day before the robbery, three times in the weeks prior suggesting that simpson will likely say today that galanter advised him that it was okay to go and get his stuff provided he didn't use force arrest trespass. >> i'm extremely happy with the way it's going so far. i think all our claims have been supported by the evidence. i don't think that there is anything really to undermine any

of our claims. >> court begins around noon eastern. we expect simpson on the stand all day. galanter on friday. bill, he would not likely get a new trial, he could get a new trial but also get time-served or some kind of a plea deal. bill: cameras in the courtroom too. we'll be watching. live in las vegas this morning. martha: the growing irs scandal, a look at what senate minority leader mitch mcconnell has called the speech police. and moments ago he said that it boils down to this. if they don't like what you're saying they will shut you up. big, big charges from mitch mcconnell. still ahead, another powerful sun storm lights up the night sky. a look at what is going on up there, bill.

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bill: new concerns, seupt concerns, the actions of the irs are part of a larger pattern within the obama administration. an interview done with mitch mcconnell moments ago on capitol hill told the fox news panel this. >> i'm inclined to say i told you so. i was talk being about a year ago when tea party groups in my state indicated they were being harassed by the irs. clearly that was happening.

it took an ig report for them to fess up to it. but interestingly enough a left wringing was given information by the irs. an outside group given information on conservative groups by the irs. an outside group that was sympathetic to what the administration wanted to do could get information on their ideological opponents out of this agency which is supposed to be completely nonpolitical. they've tried who similar stints at acc, at the acc at the fcc. if you disagree with the administration they need to shut you up. >> chief political correspondent byron york, good morning to you. >> good morning. bill: he's been talking about the speech police and a pattern for this. he saved i brought this to your attention a year ago and no one listened to me. what do we make of this now? >> well, he is right, he and a

lot of other republicans had been saying that for a long type. the difference now is that a lot of reporters are listening to them in a way that they weren't before. just a few months ago there were some conservative outlets that did report the complaints of tea party organizations who said they had been subjected to special scrutiny by the irs but it did not break into the larger press until the irs came out and announced it. bill: you have the irs, you have the "associated press," you have benghazi. what would be your perhaps most significant recommendation for how republicans should handle this. do you believe? >> well, i don't actually offer advice to republicans on the hill but i think there is one way to look at it -- bill: what would be the smart thing to do, then? >> we just heard senator mcconnell make some pretty far-reaching statements and you just played speaker boehner saying he wants to know who is going to jail in this thing. i think a minimum of that talk and a maximum number of question

asking is probably a good idea. what drives these stories is new revelations. i mean, look for example at benghazi, the hearing that was had, the republicans actually did a minimum mum of grandstanding grandstanding, a minimum of speech hops. and got a lot of information. the irs inspector general report, why did that happen? it happened because republicans on capitol hill asked for it. all of this stuff is stemming from the house that the republicans control the house of representatives. they are able to ask the administration questions. unlike republicans in the senate in the minority the administration actually has to pay attention to them. bill: keep the hyperboly, the strong language to a minimum. speaker boehner said that with regard to benghazi he talked about truth and fairness in government, then he said what i want is the truth. >> well, i mean, i think all house investigators and all congressional investigators should want the truth. that's what they want.

there is a pattern in these things sometimes in which the opposing party perhaps over promises, or exaggerates things and it would be much better off if they just kept focused on asking questions, finding new revelations, i mean it is amazing, for example that the irs did share this secret information with a liberal-leaning journalistic group, that is pretty darn amazing. these revelations are what is running it and the republicans in the house and the house only are in a position to get answers out of the administration. bill: in that light you have a hearing this afternoon where the attorney general eric holder will sit down in front of this house committee. how is this going to be handled? what headlines will come from it? does the attorney general kick everything to the side right now and say i'm looking into this and i recuse myself on such and such issue and i only have so many answers for you now and those answers are few and far between? >> if he does that that is going to leave lots and lots questions open. the republicans here again

should engage in a minimum of table pounding, a minimum of moral hraoeuzing and just focus relentlessly on what the attorney general knew, what other people in the justice department knew, why they seized the phone records of so many ap reporters, why they appeared to deviate from the practice -- aced practice in this -- in leak investigations like this. what was going on? that is always the question. if the attorney general dodges the question, refuses to answer questions, stonewalls questions, that will be obvious. the republicans job is to keep asking them. bill: one more point on this. people were referring to benghazi with a drip, drip, drip sense two weeks ago. and now you have this irs story, and "usa today" reports this morning that some of the liberal groups that were file for this nonprofit exemption, just like the conservative groups were doing, they were given clearance sometimes in an average of nine months. the conservative groups had to wait 27 months, and keep in mind

again the timeline from when we believe this was happening. 2010, if that timeline holds, what month was it in 2010? it was really the rice of the tea party movement in america, and they were challenging obama care during those midterm elections. and we'll see whether or not that schedule sticks. but you wonder if you get one report today how much comes out tomorrow, and the day after that, and the weekend after that and on and on it goes. and that there brings you back to the suggestion yet again that this story is one of those drip, drip, drip deals. >> well, and the way republicans keep that drip going is to keep asking questions. for example that irs inspector general report raises a lot of questions. it concludes that a lot of these staffers did this not for political purposes but were trying to save time? i mean that just kind of defies belief right there. there is a lot more questions there. there are irs employees who can be brought before congress again, because the house -- republicans control the house

and they can finally get answers to these. each of these answers makes a new story, and later a pattern emerges if there is such a pattern, a pattern emerges after the facts come out not before they do. bill: thank you. we'll see what happens with the attorney general this afternoon. >> thank you, bill. bill: from washington. martha: a big name back in the news this week, oj simpson is about to speak publicly for the first time in more than four years. he's been in prison, he's trying to win his freedom, in mart by taking the stand, and some folks think he might have a shot at it. we'll be right back. >> i wasn't there to hurt anybody, i just wanted my personal things, and i realize now that was stupid of me. 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 in pr retrieving my property. man: the charcoal went out already? ... forget it. vo: there's more barbeque time in every bag of

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bill: a bit of ha myster of a mystery. an entire subdivision of 30 homes has to be abandoned if the earth does not stop shifting underneath, in california. >> doors started to not shut. cracks in the walls started appearing. the garage door was coming off its hinges, huge cracks in the floor we were noticing and we could feel even underneath the carpet. bill: that makes for a really bad day. authorities are blaming this on groundwater rising to the surface. they are trying to fix that. the problem is nobody knows

where it's coming from, and until they figure it out they've got issues. martha: a lot of interesting dynamics here. oj simpson is going to take the stand today in his push for a new trial after his 2008 convictions of armed robbery and kidnapping . he was sentenced to 33 years, 33 years, and he has served close to five so far, as you may remember it was in vegas and he had a gun and went into a room and tried to get his stuff back, it was sports memorabilia that he claimed was rightfully his. that all turned out very badly for oj simpson. faith jenkins former prosecutor and keith sullivan a defense attorney join me now. in the beginning it looked like this was a real long shot. now it looks like there are a couple of very strong elements that he may have in his favor. keith? >> there are a lot of things we're hearing about in the papers and it looks like, look in my opinion i'm going to take a very unpopular view, i think the conviction should be overturned. i think oj simpson should be

sentenced to time-served and he should be released. and you can let the hate mail roll in. because what happened in this case was oj simpson was tried and sentenced based upon getting away with double murder. that's really what happened here. martha: how can you prove that? based on the sentence. 33 years for stealing back his own memorabilia it's outrageous. what we have in this case at the heart of this issue for this hearing. martha: there is a kidnapping charge as well because he held people against their will. when you add it all up. i understand what you're saying. i don't know if they with prove that. >> what the real issue is in this particular hearing is whether or not he was advised of a plea deal that was offered to his attorneys. oj says that never took place. there is no record of it ever being mentioned on the record. so it's a very -- and whether the attorney had a conflict of interest in representing him. martha: let's stick with the first issue whether or not he was told this was a plea

agreement on the table. the former da testified to this h he says, you know i did offer something in the area of 30 months. i was told that oj would not entertain any notion that put him in jail for over 12 months. is his word enough to go on here? >> i want to say that oj was sentenced within the parameters and the guidelines of the law for the crime that he was convicted of here. so you may argue that it was unfair and based on a prior crime but the fact he was convicted of kidnapping and robbery and he was sentence heed accordingly. martha: armed robbery. >> armed robbery. the plea deal, lots of attorneys have these private conversations with their clients and they come to them and say the da has made an offer, are you willing to accept it? there may not be a record of it but it's a private conversation. the problem with oj simpson getting on the witness stand and testifying that he was never advised of this is he's oj simpson. he is a criminal defendant who has been convicted of very serious crimes. so the judge is going to view his testimony with a high level of scrutiny versus his attorney who is a 30-year veteran with an impeccable reputation.

you can't tell me that yale galanter did not advice his client that there was a plea deal on the table if there was one. martha: we have to leave it there, you guys but we will rejoin this. it's going to be interesting . thank you very much, keith, faith, good to have you both here. bill: a busy morning here, martha and it continues with jon scott "happening now" rolling your way. jon: there will be no let up. good morning to you, bill. there are new developments today in several major scandals swirling around the white house. we will talk to charlie hurt and juan williams about the latest and the fallout. awaiting court pwhofs i moves in several key cases including the jodi arias, the case of an aspiring actress murdered in her home. oj simpson testifying as martha was just telling us and a court case that may have ties to that horrific explosion in west, texas that killed 14 bream. plus you know all that advice you've heard to eat a low sodium diet, right? you may be able to throw it out. pass the salt. we'll get into okay some sodiume side. jon: you know it.

bill: why you need to know what is happening on the surface of the sun. a busy sun spot sending a series of these powerful solar flares. they are flying through space.

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martha: pope francis releasing doves over st. peters square today. look at this video. it was not planned. during a weekly audience with the public somebody handed him a cage with two birds in it. he taobgd them ou took them out and said you must be free. it took a while for the second bird to go because a feather was

stuck. one of them perched on his arm and said i kind of like hanging out with pope francis there at the vatican. bill: we've had four significant solar flares this week. tariq malik is with me. what is going on on the surface of the sun. >> whraoewe've seen a sun spot come over the edge of the earth. it's twice as large as the earth. we have had the largest solar flares of the year. four huge ones in the last two days. bill: like this one here. >> that is a prom nance there, an eruption of plasma, things that can also get kicked out. when it's aimed at us it can mess up communications and cause all sorts of havoc. bill: that is the what about what is happening, the question is why? >> the sun has an eleven year space weather cycle. it ramps up and ebbs away. we are in the peak phase of it

this year and this is basically leading up to that. it's going to be at the maximum later this year and we've been seeing stronger solar flares. these are the biggest events that we've seen of this year, and they were getting really strong, just one aof another after another, boom, boom, boom until today. bill: you say 2013 is a big year for that. >> it ebbs and flows and rises to a peak activity once every eleven years and we are in that year now. nasa and the scientists say this is the year to watch the sun. bill: this is blue, i don't know why it's blue. i'm sure you do. >> that's right. this is from the solar dynamics observatory, it's a really advanced spacecraft that always watches the sun, unblinking high definition video in like many different wavelengths, this is one of them, that's why it gives us this kind of t*eupb tint to it. and there is a whole fleet of spacecraft tracking this. looking for weather events. you can see that is the flair

right there. that is a big thing. the other ones not so much. bill: does it effect us? and if so how? >> when these events are aimed at earth, which means like we're looking at it straight on the sun they can interfere with communications, with gps satellites, maybe with your cellphone. astronauts in space if it's a really strong solar flare they could be in danger they might have to take a shelter or get ready to come home. it can knockout a satellite and shut it down. bill: we are in that year, 2013. we'll keep close with you. >> this is coming around this weekend. bill: thanks for coming in. martha:ess lating fallout from the three major scandals converged on the white house. the latest in each of these. moments ago house speaker john boehner had some tough talk. >> the irs has admitted to targeting conservatives, even if

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martha: there is that too. it will start pretty soon. jenna: we'll take it from here. we have brand new stories and breaking news. jon: there is new fallout from the irs scandal. because of his political beliefs. members want to testify before congress. ambassador john bolton weighs in with that. plus a murder trial getting underway for a so-called female james bond accuse of killing an aspiring model. is all "happening now." jon: but, first, bombshell revelations on this wednesday. in a new inspector general's report about the irs unit that targeted tea party and other conservative groups. good morning to you, i'm jon scott. jenna: i'm jenna lee. the report blaming so-called, first line management for the problem,