iran. he should get lashes for wearing that stupid members only jacket he wore in the 80s. >> greta: before we go if you've had problems with the irs go to are all over it on fb. this is a fox news alert. we just learned that a second top official at the irs is going to leave amid the growing scandal. internal agency memo says joseph grant, commissioner of the tax exempt and government entities division will retire on june 3rd, and the point is he will retire on june 3rd. bob beckle, dana freen know, it's 5:00 in new york city. this is "the five." benghazi, the irs, the ap phone scandals. president obama is knee deep in three scandals that threaten his

credibility. from the man who promised transparency, we sure don't seem to be getting very much. >> can you assure the american people that nobody in the white house knew about the agency's actions before your counsel's office found out on april 22nd? >> i can assure you that i certainly did not know anything about the ig report before the ig report had been leaked through press -- through the press. >> and it looks like attorney general eric holder is taking the cue from the boss. he was grilled on capitol hill yesterday about the ap and irs scandals and we sure did hear a lot of this. >> i don't know. i don't know what has happened in this matter. i don't know. i don't know. i assume he was, but i don't know. that i don't know. i don't know why that didn't happen. i don't know. that i'm not sure. we probably have to get back to you on an apes. i just don't know. i don't know whether or not -- what funds are being used or whether that letter would apply to that effort. i just don't know. yeah, i don't -- yeah, i don't

know. i simply don't know. >> that was just a few of the i don't knows. we're not getting straight answers out of the administration. they're caught in the cross hairs of three huge scandals and all we're seeing is dodging, deflecting and diverting. the people deserve more, mr. president. bottom line, we just want the truth. is that too much to ask? and, bob, you kind of agree with that, don't you? we deserve more. >> look, you get picked apart like this day to day, you come up with answers that are not satisfactory to the press and probably most of the public. it seems to me that the answers to these things are available. if you call everybody in and say, all right, let's get this all out. hold one press conference. as long as it takes, answer the questions. some questions you can't answer. a lot of them they can. to dribble it out, this was in a press conference with the turkish president. it seems to me that you need to

get -- it has to be a self-standing press conference on all of these issues and get it out. >> didn't i hear you say yesterday, lie, cheat, steal, i just want to win. that's okay? >> i didn't -- i didn't -- >> i'm pretty sure i heard that. >> i said, lie, cheat, steal to win. i said that when you have a presidential campaign going on there's a lot of bad news that is trying to be held back so it's not brought out during the presidential campaigns. that's poll six. i've done it myself. i understand that. that doesn't mean that you are going to allow the irs thing -- the others are going to be surviveable. does anybody believe that two people in cincinnati were responsible for this? no. >> we didn't come up with that. they told us that. dana, you've been -- you've seen this before from the inside, behind stage. what are the optics? what are they showing us? >> well, so this press conference is not called to -- what is everybody talking about.

>> the word optics. >> he's going to vanish. >> such a stupid word. >> wait. >> i'm not allowed to talk. >> what? >> you don't talk. >> we're the other people. >> we're the eye candy. >> the others en masse. we're told before we're not allowed to talk. >> give him some oxygen and shut up. >> at least i look good on fox. >> i find that offensive. >> i wasn't going to be able to give a good answer until i know what the snickering is about. i thought it was quite inhospitable to have him stand there in the rain during a press conference, it was an availability, but it's a tradition. when you have a foreign leader come to the white house, it's either in the oval office, sometimes in the east room. typically it would be a beautiful day. unfortunately it rained. each leader takes two questions a side. you get two people from the foreign press, two people from the american press. they usually ask about 20 questions within those.

but today knowing that usually the american press will ask an american press policy question, to have the president stand there and listen to at that all of that, remember, he has to have simultaneous translation at the time. the issue is a serious one and what we have to think about. that's what we're going to do in syria if we're going to do anything at all. there's that part of it. i also think last night after the president's statement in the east room, all of the president's staff were high fiving themselves. we fired the i.r. guy, benghazi airs out. we're going to wake up in the morning and own the day. i think it's actually impossible for them to get on offense for a while. they should accept that. take it one by one. they might say we're going to have two press conferences. the first one in the morning is going to be on benghazi. we're going to exhaust that. later at 2:00 we'll come back

and separate that. it might have been a good strategy for two hours but not a good one going forward. >> here's what i heard. president obama made some comments he addressed, benghazi and the irs and ap. >> right. >> three times i heard not what happened, what i heard was let's make sure it doesn't happen again. >> why would rerely on none -- even one would be bad enough. they're not going to happen again because he's on top of it? this happened under his supposed watchful eye. i don't think anybody can rely on him with some degree of certainty or integrity. look at the head of his justice department who doesn't know anything who might be able to tell us a thing or two after he's gone. >> by the way, we cut that i don't know thing off. it could have gone on for 15 minutes. he testified for a long time.

>> we lernd a very important message or lesson from eric holder, it's okay to be stupid. it really is. you cannot be arrested for being dumb. if that were the case, the entire msnbc montage would be on death row. it's legal. the story is huge and i'll tell you why. the irs canceled their softball game with john cornin's office. when you cancel your softball game, that's a big deal. that's golden. do you know what the name of the irs's team is? the thugs. acting commissioner resigns. you know what that's sfliek when you're at a restaurant and you say, you know what, i'm out of here as they're throwing you out. oh, no, no, no, i'm leaving. saying you're dumping a girlfriend who you've never dated. you hear she's going to dump

you. >> i'm breaking up with you. >> you can't break up with me, i'm breaking up with you. you have to make that clear. >> are you qualified to make another -- >> yes. i was marginalized because of my height. if you look at what progressives can do. progressives are allowed to get away with anything. what they end up doing is that same thing that right wingers never would do. i liken a progressive to the matt damon character in "the departed." he became a cop so he could commit the most heinous crimes. that's what you're seeing right now. you're seeing incredibly heinous crimes that could never have been done by a republican but a progressive can do it all the time. >> i wouldn't assume that's going to be the case. did anybody notice that few questions have been about the ap reporters and one of the

questions is that it is a story having to do to the authority. it was about a mission that was taken place in yemen. i think the press wants to stay away from that even though it directly goes to them. >> let's stay away from that. >> let's stay on irs and let's stay on benghazi. steven miller gets to resign. eric holder promised to look into it. maybe even lois learner who herself claimed to know this was going on. >> why does she still have her job though? this is not just a moral, ethical obligation that they have to the american people that they violated. they need to go to jail. bad people go to jail. when you cheat and steal from

people, they go jail. you take information from people, that's got to shock you, bob, amongst some of the -- >> it does shock me. we're trying to figure out what law you -- >> i've got this one. they leaked proprietary information from 503c 3s and 4s. they leak the that to their opposition. >> so you charge them with conspiracy to -- >> what do you charge them with? >> i think there's also a law of incompetence that was broken here. steve miller is the acting commissioner of the irs. i think the white house would have preferred he would have gone quietly in the night. he's going to testify tomorrow. we're going to hopefully learn some more. but he was already going to leave. last night if you watched the press's statement you would have thought, oh, well, he took some action. they kicked that guy right out of there. he was already leaving.

let me tell you another thing that bothers me. the chief of staff at the treasury department, named mark patterson, he worked for geithner and now for lew. apparently they've known for months that this was coming. it is inconscionable that they allowed the president of the united states to go out there and fake outrage months later and then to say that he heard about it through press reports. this is a crisis in confidence in government and that is the problem. that's where you get that link. so today they announce that they're going to have a replacement for the irs commissioner. because they knew that steve miller had been planning to leave all along at the beginning of next month you would think that they had a replacement in mind, right, because that's what you've got to do with government. but today they announced dan warfol could be a great guy. is he qualified? i don't know. he is an inside the white house kind of guy. if this is a kirn about

political influence at the i.r.s., do you really want to collect the white house that directly. >> put out fire with fire. greg warfull, more like warless. this is not what the irs needs. they need an objective person to clean house. they're bringing someone who works in the house and has everything to gain. >> it goes beyond that. of all of these stories, the one thing that hits home for the people are taxes and the irs. this kind of story has i think some long legs until they get to the bottom of exactly who, what, where, why, when. that's why you need to get it out. benghazi i don't think will. i certainly don't think the a.p. story will. >> when you start to hear from these groups now coming forward saying, well, yeah. a slide, these are the types of questions they asked me.

last night on the o'reilly factor said they were actually asked to give a list of the books that they tred. if it was a guy in cincinnati holding up a few applications, they might be able to sweep it under the rug. abolish the i irs. >> fair tax across the board. no need for the irs except for implementing obama care. >> which should be a disaster. >> i don't do metaphors but check out the headline. they have him covered. wouldn't it be nice if he had them covered the way they have him covered. the president also addressed the benghazi scandal. they released e-mails. that debate next. first, here's jay leno, last

night. this week marks the 40th anniversary of the watergate hearings. for those of you to remember, back then they had an enemy. they've used the irs to harass people they don't like. thank god those daze days are gone forever. thank god. can you imagine?days are gone forever. thank god. can you imagine?days are gone forever. thank god. can you imagine?days are gone forever. thank god. can you imagine?days are gone forever. thank god. can you imagine?

so 94 e-mails from benghazi were released yesterday.

so what have we learned? we have learned that everything that the white house and state department were saying wasn't true. we have learned that the white house thinks the best way to deal about this is to complain about republicans. here's president obama and senator boxer earlier. >> who who canned the funds from embassy security? the republicans in the house, that's who. hundreds of millions of dollars. so i think the benz scandal, in quotes, starts with the republicans looking in the mirror. mirror, mirror, who's the fairest of them all. they ought to ask, mirror, mirror, wh cut the funding? >> i'm intent on making sure we do everything we can to prevent another tragedy like this from happening, but we're not going to be able to do this alone. we're going to need congress as a partner. i'm calling on congress to work with us to support and fully support our budget requests to

fully support our budget requests for the embassies around the world. >> they used that this morning. what do you think? >> did you ever notice that when obama stops talking, then boxer starts? it's like they're timesharing the same mouth. when you remove one puzzle piece from a completed buzzle, you still see the shape of that puzzle piece, and what is what happened with the benghazi e-mails. you have a puzzle with one piece missing and that is who pushed the video. because that space is there, everybody knows there is a scandal. it's a big deal. they can't get away with it. >> is that why, bob, you're wear sunglasses? >> i refuse to answer that question on the grounds of -- >> he wants to be close to me. >> why are you wearing them? >> i was wearing them to hope to avoid getting into this. greg has a point, he has an optic. there are two questions that need to be answered here and

they need to be answered quickly. who made the decision to ask the troops to stand down and not go to benghazi? and who convinced -- >> push the video. >> who pushed the video on to susan rice for her talk show? if those two things could get answered, i think they would go a long way to getting this behind us. >> i think it's the same entity. i think that the puzzle piece will answer -- if you get that puzzle piece it will answer both questions. what did you think after reading all of those e-mails. >> i think the second one, who pushed the video, came from top levels. victoria knew lan said they want them fixed. when jay carney says we only fix one item. there's one page on the internet that's marked up 30 times, one page alone of the 94 pages. bob, yesterday, you said there was probably tens of thousands of e-mails. he knows of at least 25,000 that

could be released. i think there's multiple. >> a thousand e-mails on this. >> chase said -- >> if you don't believe me, you don't believe a congressman who's involved in the hearing on the committee. last thought for me, greg, the heotr piece is the most important. the one who said stand down. we still had two americans that died seven hours after, maybe six hours after the stand down order was given. two dead americans because of that stand down. we need to find out who that person is and why they made that. >> it's obama. >> it's the same entity. >> it's the same guy who pushes the idea of workplace violence instead of terror. it's the guy who talks about self-radicalization instead of supremacy. it's the guy who uses rhetoric and jargon. where is hollywood? why isn't hollywood helping out this imprisoned filmmaker? they can stop doing cocaine for five minutes and buy him a

sandwich. >> he should be let out of jail. >> can i get kimberly in here? >> no kimberly. this is 67 hours after the attacks. as a prosecutor, if you're looking at that, do you think that's a convenience? >> that's a perfect spot to look. they have not been forthcoming. i'm hoping we're going to be able to get more people to come for. she can answer the questions exactly who sent her out there spinning like a top. >> this is what they're doing. this is exactly what they're doing. they gave us 94 e-mails that started what did you say 67 hours after? all they wanted to address is who pushed the video. no one died because they pushed the video. they don't want to answer the most important question who said as to who said stand down before two more americans died.

you're not suggesting that the president of the united states made a conscious decision not to save lives? >> no, he made a conscious decision to win an election. the way he did that was to cover up the fact this was a terrorist atta attack. how did he do that? you push the video. he polite sized this from the start. what happened is the media went with it. the media also wanted obama to win. it makes you wonder what does president obama have to do to get the media to take off. he can say i'm going to wear dead kittens on my head and all the reporters will show up with kittens on their head. >> what if they snoop around in journalists phone records, will they do that? >> oddly enough, yeah, it did happen. half will be outraged. it's not a big deal. it's not bullish. >> it got a rise out of "the new york times." >> and the aclu who didn't care

about the guy who made the video. the aclu will represent everybody. >> not me. >> whoever did say stand down, i find it incredible to believe it would be the president of the united states, does have to answer questions. if he did, could they and would they have been able to get there and save lives? >> no. there was no way of knowing that when they gave the stand down order. americans in harm's way, send them. for 237 years of our history we did that. until last september. obama changed everything. >> saying obama, you're taking -- >> i have got to tease or else they're going to keep yelling at me in my ear. coming up, the house set to vote on repealing obama care today as concerns over the i.r.s. powers to implement the law grow. could it make them want to get rid of the president's signature legislation? we'll bat that around when we come back.

in a short while the republican controlled house will vote for the 37th time to repeal obama care. well, it won't get past the senate, but here's why the vote is significant this time. the irs will play a major role in implementing the new health care law, and in light of their recent scandal, many americans have good reason to be worried. tea party lawmakers are leading the charge to repeal. some -- here are some lawmakers on capitol hill today. >> with the implementation of obama care at hand and knowing that it is the irs, the internal revenue service, that will be the enforcing mechanism for this

new entitlement program -- >> i'm quite worried that your medical records now will be evaluated by the irs that seems to have the ability and seems to have the penchant to use political -- political persuasion. >> if the federal government is being made to behave as if it is an arm of a political partisan apparatus, we are losing the constraints that the constitution is meant to put on our government. >> that's a legitimate question. are these people that are ready, you know, the cheetahs, if you beat them at softball they'll audit you. how many people have been audited? three out of five years so far. >> dana, you don't pay taxes. >> are they even competent to be able to implement something that, you know, half of the liberals and democrats still don't even know what obama care

really means or how it's going to be implemented. do you think that's a good idea? >> having the irs enforce obama care is like having the kgb enforce elections. not a good idea. >> they were heavy handed in what they did here. i've had some experience about them being heavy handed. i'm going to talk about that. now the irs has admitted, admitted to being partisan in how they administered for profit or not for profit tax treatment, has admitted to being partisan. it's now instructed with administering obama care where they make decisions on how much health care a company is going to need, which could put a company out of business, what the fines are going to be, poe tegs of your medical records and who knows where they're going to go. he also talked about turning over proprietary information. >> maybe this is going to fail. this is going to be the undoing. >> you're not going to repeal obama care, but the question is

it's always been at the heart of the controversy here is having to paille fine. the supreme court made their decision based on that as a tax issue, the fine. that's the reason robert proudly voted for obama care. the question is the irs has to levy that fine from you. they have to find out who they give insurance policies to and who has not got one. you're merging massive hundreds of millions of names together. it's a complicated issue. that's where it's going to cause a huge problem for them. >> dana. >> they also are called upon in the legislation in obama care to make decisions on whether you are deserving of a subsidy or whether you should be punished more. marsha blackburn, from tennessee, she is managing this vote today on the house floor. right, they might not get repeal. they might get something that she had the idea of, and i think it's a good one, and that is a

one-year delay. i think the obama administration should take that deal because the irs does not have -- the people do not have confidence in the irs anyway, but now they have cause to question the judgment of the irs until the scandal is taken care of. i would take the deal of the delay for one year so that they can get their ducks in a row. >> they're annual agency without creditability. >> i'm tired of all of these ducks. this is the best thing that happened to the tea party than powder whigs. nothing makes you a hero more than persecution. the tea party will be back. they were the first people to question obama care and how ironic is it that now as this thing is coming they are actually taking down the people that were going to enforce, enforce obama care. it was the pea party. if this were occupy wall street that was being persecuted rachel maddow would be doing back flips

on her dick cheney twister map. >> so happy for that visual. >> vastly overstating the importance of the tea party. >> they're back. >> oh, hell yeah. >> they were worried about them because they took a severe beating. they don't like to get beat. ahead, desperation from the left, the president is mired in scandal. how are they defending him? by playing the race card and smearing the tea party? you're going to hear from them next.

well, one of the things president obama does not have is love on capitol hill from the republicans. also, i don't agree with some of my colleagues here who says that the president's, quote, mired in

scandal. but i will say this, the republicans on capitol hill have gone out of their way to take benghazi and get to hillary clinton. on my side, they've also stepped over the line. i'm going to show you a clip of chris matthews and al sharpton discussing the race issue on the issue, i believe, of the whole set of scandals. >> they can't stand the idea that he's president, and a piece of it is racism. not just somebody in one racial group doesn't like somebody in another racial group. so what. it's the sense that the white race must rule. that's what racism is and they can't stand the idea that a man who's not white is president. that is real. >> you take away everything and that's because that's what white supremacy is and that's not calling all of them that. >> well, it certainly isn't calling all of them that but there is the implication there is. look, the last thing, chris, with all due respect, my friend, this irs scandal is a serious

political problem. it is not a race problem. it has something to do with the political philosophy of certain groups. bringing that out to use that is an entire indictment of people who are raising questions about this and saying this is about race i think is going a tad too far. not a tad, a mile too far. al, you know better than that. we cannot assume everybody in the tea party is a racist by a long shot. that's an implication. >> chris matthews was racist more than anything i've heard. it's not race. let's forward to 2016 and hillary clinton is president and the same stuff goes on. i'll be as outraged about that. am i going to be a misogynist, is that what that's going to be? policy. failure. it's the breakdown of transparency, kmun be any case, everything. people are dead. benghazi matters not because president obama is black. >> i think a good chunk of republicans are playing for

politics. that doesn't excuse doing this. dana, what do you think? >> i heard a joke and it was so funny. nobody heard it. >> i heard it. >> i heard it. >> you said they can't stand -- i can't even do the imitation. i can't stand his voice. it drives me insane. no wonder nobody watches. >> i think the tingle on his leg zblsh he's making -- julian bond, you remember when he said the tea party was like the taliban. alan coombs said, they're against women's rights. like what? he can't answer. they're just like the taliban. it becomes so preposterous. no wonder people turn to other places to find out their news because you're not going to get it from there. >> now that you've mentioned the junian von cut, can we listen to that for a second? >> they're hostile to women's rights, so is the taliban. they're enraptured by a sort of stalinist religion. i'm going to get in real trouble about this. you know, in which they obey

religious dogma that oert christians don't obey. in many ways they're very much like the taliban. >> so you don't think these are true christians if they're members of the tea party. >> i think they're cafeteria christians. they pick one from column a, one from column b, one from column c. >> julian, trying to discern people's christianity and level and extent of christianity is a dangerous place to be. >> yeah, he's a cafeteria colostomy. >> knock knock. >> who's there. >> al sharpton and chris matthews. >> al sharpton and chris matthews -- >> racist! >> did you write that ahead of time. >> the assumption of racism allows the tea party to be persecuted by the irs when you are now obsessed by this persecution, then you are called racist even more. that's how these race mongers exist. without accusing people of race you are out of a job.

al sharpton is out of a job. chris matthews is out of a job. he was dropped on his head as an adult. >> do you have proof of that? >> they're yelling to me to go to the next block. >> kimberly, say something, please. >> happy to be here. >> no, no. say it. >> what i have to say is they're losing credibility in leaps and bounds. they're very defensivdefensive. they name call and engage in this kind of bigotry. it cheapens the dialogue. they should care about americans being persecuted for their ideological beliefs. >> up next, what's the most redneck city in america. dwreg h greg has the answer from a new survey when we come back. the boys used double miles from their capital one venture card to fly home for the big family reunion. you must be garth's father? hello. mother. mother! traveling is easy with the venture card because you can fly airline anytime. two words. double miles!

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a california real estate firm has named atlanta the most redneck city in the country. mobotos the criteria. the number of nascar tracks, walmarts, gun stores, country music stations and the percentage of those who have not finished high school.

after atlanta the other rednecky cities, kansas city, oklahoma city, nashville, tulsa, dana, she's not even a city. this can't be a good way for a real estate company to build its brand. using their brand to call them stupid. if you have any southern blood, i would write them off my list. where is their study on the country's most gansta cities? how is this different than a real estate agency saying, you don't want to move here because there's a lot of those people here. they say the article is positive but it starts with the movie "deliverance." the author is from austin. maybe it's the writer who gives them a bad name. ridicule can be passed off as clever as long as the targets are acceptable.

this tobacci spitting routine, libs love it. castro wasn't found in the south. found in the south or the gosnell and i guess they are in states where they have clients. what? they have any clients? >> you just made them relevant. are you happy now? >> i called these guys and they were trying to be light- hearted and surprised by the push back. >> they were trying to get press and people were talking about them and people go to their site and they are provokative. >> would you hire a real estate agent? obvious low not. i enjoy atlanta. >> it is the same group that came out and called atlanta the nerdiest city.

how do you do that i don't know. i grew up in a up to called conservative. >> i have a problem with the criteria. you use taxidermy and walmart and proud americans using label pins and percentage of people in that city paying for their own health care. >> i have the percentage of people serving in the military from those people. and people like in austin who write a piece that meres smears them. >> austin, a blue spa in the red sea. she is distancing herself from the people they are having a good time with and they try to tell me it is a positive thing? the whole segment. it began with a clip from

deliverance. >> i lived in austin and there were more taxidermist and bar queue stations. >> we are all red necks. >> i have a friend who is a red neck. >> now you say i have that. >> i know a lot of gay people. >> yes. clever.

test test

>> no way, i love that. >> this is the boldest in history. >> it is real piece in the entire region. >> bob, the president is betting the legacy on this legislation. >> okay, all right. i am happy to report that next year, fox is bringing back 24 hours for the ninth season and i think the same cast of characters will be there. >> i love that >> here is the exchange between wendall and jake carne. >> what prevents the president from picking up the phone and calling holder.

>> the president doesn't involve himself in the criminal investigation. it involves leaks from the administration. imagine the story on fox if that were to happen. that's why. >> this is the story, he shouldn't have said imagine a story on fox. he is have said imagine the story in the press if that were to happen. he said fox and only fox, the only press the white house fears is fox news. they call us out and they call the rest of the press wooesies. that tells the press you are wooeses. >> kimberly you are up. >> i had the pleasure to attend the chil ea n awards and there

is senator graham who received an award. and they had me the mistress of ceremonies. >> mistress? >> they do a great amount with diverseitty. >> muy bein. >> i think you are anxious to talk. ndogs, i love dogs, you know that the department of housing and urban development ruled that college freshmen are allowed to bring animals in the dorms if there is separation anxiety. you don't have to leave fido at home. you can take your dog to college. i want to know where i get one of those certificates, i can bring it to work. >> i talked about being audited by the irs because of my outspok

outspoken against obama. two agents came to our home. we'll have more on that story tomorrow. >> that is a good tease. >> see >> welcome to "red eye." it is like growing pains if by pains you mean hair on my palm. now to andy levy for a pre game report. what is coming up on tonight's show, mr. black shirt. >> thanks, mr. white shirt. the irs scandal reaches a new height as the softball team canceled the game of a minority office. fresh calls for president obama's impeachment ahead. turns out all of the calls are coming from me. wake up, people. are physically strong men more likely to have right wing beliefs? some say no, but my trainer says ya. and is there a plot to make venezuela run out of toilet paper? probably not, but it would be cooler if they did. >> thanks, andy. >> you