weekend. attend the memorial day parade in your town. that one of the best things you can do over the weekend. thanks, everybody. "happening now" starts right now. jon: we begin with brand new stories and breaking news. a bridge collapses sending cars plunging into the water below. how it happened. a hung jury in the jodi arias case. the same panel that convicted her of murder this month could not unanimously decide on her penalty. so now what? a passenger plane forced to make an emergency landing. two men are arrested. it is all "happening now." jon: very good friday morning to you, i'm jon scott. arthel: i'm arthel neville in for jenna lee. jon: good to have you, arthel. arthel: lots of news for you. the public face of the irs scandal not on the job today. lois lerner who refused to testify about the tax agency

targeting tea party groups now on paid leave a day after she pleaded the fifth on capitol hill and lawmakers say she refused to resign. chief congressional correspondent mike emanuel joins us now. mike, apparently changes are underway at the irs even if lerner is not cooperating right? >> reporter: arthel, good morning. 27 year irs veteran ken corbin is the active replacement to handle lois learn ear's job for groups seeking tax-exempt status. daniel werfel, the man sent in by president obama to fix the mess is not wasting anytime. senator chuck grassley asked low wirs lerner for her resignation but she refused. so she was placed on administrative leave. the chairman of the house ways and means says he wants to hear from lerner. >> if he really wanted to be forthcoming about the issue and had done nothing wrong why would you not testify

about it? and this is the problem we've had with the administration is getting information from people who work in the administration. and, i think if we could get that information we could get to the bottom of this. >> reporter: despite three hearings and 11 plus hours of testimony it has been a frustrating process for lawmakers on both sides trying to get to the bottom of this irs mess, arthel. arthel: they're trying to get to the bottom. part of that is trying to get some answers from lois lerner and there is question whether it is worth to call her to testify before another house committee, right? >> reporter: you're absolutely right. she pled the fifth but also gave a statement defending herself. some lawmakers and lawyers questioned whether she waived her fifth amendment right. the top democrat says on the committee says bringing her back would likely be a waste of time. >> i would not recall her because for one thing i know what she will do is reassert her rights under the fifth amendment. i know that.

and that figures 99.9 chances she would. >> reporter: you can count on more congressional hearings with or without lerner after the memorial day recess, arthel. arthel: seems like they're trying to avoid a circus-like atmosphere up there or down there. mike emanuel, thank you very much. >> reporter: thank you. jon: well a bridge collapses in washington state sending vehicles and three people tumbling into the river below. the county sheriff says everyone is expected tom that at which could have been far worse. >> we were very fortunate that when this call initially came in some of the deputy boat operators were on duty and within minutes of being able to lawn of a boat and be out there and try to rescue the people that were in need of help. we are able to be very assured there is nobody else in the water. so we discontinued any rescue or search efforts. there does not appear to be a reason to do that. unless somebody comes forward with credible information or somebody says

my loved one didn't come home or something that we very doubt will happen, but if it does, we will be ready to resume our search. jon: so the question now, what led to that bridge collapse? joining us on the phone sergeant kirk rodine, public information officer for the washington state patrol. sergeant, there were reports that a overheight infrastructure one of the cross beams on that. can you comment on that? >> yes. the initial part of our investigation a semi-truck hauling a oversized load, basically an oversized load, a equipment casing form for a drilling rig and traveling southbound on i-5. as it came onto the bridge at this point it appears that the top right portion of the oversized steel box that it was carrying struck one of the bridge support girders and that was kind of the catalyst that started a chain reaction that led to the bridge collapsing. jon: wow! so the other vehicles go across, the bridge couldn't support them

and they went into the water? >> right. looks from witnesses and what we've seen so far it looks like the bridge collapsed fairly rapidly. and one of the vehicles that was actually traveling behind the semi wasn't able to stop in time. when in the river and same thing with pretty much one. vehicles traveling northbound. it couldn't stop in time and basically went into the water too. jon: the bridge was old but it was not necessarily considered dangerous. isn't that the case? >> it is an older bridge. i would have to refer you to our department of transportation on, you know, the details around it. but i know it has been inspected recently. but unfortunately i'm not an engineer i have no idea when it comes to bridges. jon: yeah. so what happens now? what kind of traffic headaches are you going to have in that part of the state? >> it is going to be significant. this bridge handles or this section is obviously interstate 5. it is the main interstate

highway between canada and southern california. it handles a significant volume of traffic every day and that traffic now is being rerouted basically through the city of mount vernon. so you're taking freeway traffic and diverting it through city streets. it will be a significant travel impact on people's schedules. jon: there were two bridges right? one for each direction of traffic? is the other one considered safe? >> actually this is, there's, there's two bridges in this area. one happened else traffic basically within the city. this bridge is the bridge that handles, is basically i-5. it handled the north and southbound traffic for i-5. jon: i looked at an aerial photo assumed the bridges i saw side by side are for different traffic directions, but they are again as you say one coming out of the city, apparently? >> right. one handles city traffic and the one that went down handles all the interstate 5 traffic. jon: it tiled he will be some length of time before

they get this thing rebuilt. you will have a fairly long-term plan to push the traffic elsewhere? >> right. department of transportation has some detours in place right now. obviously as time goes by those may be modified. what we're telling people is just expect obviously some significant time to be added to your commute to and from work. jon: the good news is nobody killed or nobody even seriously hurt in that amazing bridge collapse in washington state. sergeant kirk rudeen from the state patrol. thanks for the information. >> thank you. >> we the jury duly empaneled and sworn in our action unanimously find considered all the facts and circumstances that the defendant should be, no unanimous agreement. signed foreperson. arthel: you are not hearing things. the jury in the jodi arias murder trial, deadlocked, the same panel that convicted her of murdering her one-time lover travis

alexander, could not reach a unanimous decision whether she should get the death penalty or spend the rest of her life behind bars. the judge declaring a mistrial in the penalty phase and setting a new date for another jury to come in and decide her fate. adam housley is live in los angeles. ad many today, so let's clear it up because a hung jury does not mean the death penalty is off the table, right? give us some context. >> reporter: yeah. there is lot of context here. first of all the prosecutor the d.a.'s office could decide not to pursue that other jury. it happened once before. there have been five hung juries in death penalty cases before. in four instances the d.a. has decided to go with another jury which would be in july in this case. and of those four instances, three times that new jury did decide on death. then of course that means three out of four is pretty good numbers there they haven't told us whether they will do that. if for some reason this d.a. asays i don't want to go any further, we got our

conviction on first-degree murder. the judge would decide. the judge could give jodi arias life in prison or 25 years to life. there are a number of different variables here. most people do belief the d.a. will empower another jury and go through jury selection and start over again in some respects. arthel? arthel: speaking of jurors, adam, i thought the jurors on the sentencing phase, the penalty phase, i should say they were not going to speak out but now, i hear that one of them might talk. >> reporter: well, yeah one of them has spoken. you know how this goes in these big stories. we've covered them for years. there are certain ways that certain networks can encourage people to speak. we don't do that but one of them was encouraged to speak after they said yesterday the jury wasn't going to speak and they all want home, one of them did speak to another network he felt the big mistake was jodi arias going in front of the jury for 18 days. basically contradicted herself. he said she was a bad

witness. he also said, this the jury foreman, might allude if he was one of the once in the holdout, he felt travis alexander, the victim in this case verbally abused jodi arias. the defense was saying it was physical abuse and verbal abuse. he said verbal abuse in the interview. a lot of people that watched the case felt jodi arias and travis alexander basically abused each other. it was not a good relationship whatsoever. there was never any proof other than jodi arias's word there was physical abuse in this case. as you know, arthel, there were so many twists, so many turns. some salacious details. it went on, jury selection began in december. it went on much longer than anybody expected. you had jodi arias herself 18 days on the stand and gave all those television interviews. the good news you won't hear from jodi arias anymore at least not on interviews because she is under sheriff joe arpaio's jurisdiction and he says no more interviews. she will not be allowed to give anymore. that is good news for those

of us who have seen her a lot in front of the camera. arthel: about time somebody made her stop talking. adam housley thank you. >> reporter: thank you. arthel: our legal panel well he will weigh in on the next steps in the arias case. jon: drama building inside of a courtroom, a woman accused of killing her boyfriend set to testify in her own defense as her 911 call is going public. a live report on that. plus the official at the center of the irs scandal not going down without a fight. karl rove on a case that is not going away for the white house. if you're suffering from constipation, miralax or metamucil may take days to work. or faster relief, try dulcolax laxative tablets. dulcolax provides gentle relief overnight unlike miralax

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you know? just to unwind. but we can only afford one trip this year, and his high school reunion is coming up in seattle. everyone's going. then we heard about hotwire... and realized we could actually afford to take both trips. [woman] see, when really nice hotels have unsold rooms, they use hotwire to fill them. so we got our four star hotels for half price. i should have been voted "most likely to travel." ♪ h-o-t-w-i-r-e ♪ hotwire.com hot rate hotels now on sale. save up to 70% on any weekend stay. jon: right now the new developments in the irs scandal. lois lerner, put on

administrative leave. this after she refused to testify about the irs targeting tea party groups and we hear refusing calls from her very own bosses to resign. let's talk about it with karl rove, former senior advisor deputy chief of staff to former president george w. bush and fox news contributor. so lois lerner, the woman who singled out tea party groups for special scrutiny left many of them twisting in the wind for years in some cases gets up before congress and says i didn't do anything wrong. then goes on paid administrative leave. continues to draw a salary, karl? >> yeah. look she refused to resign at the request of the new acting commissioner of irs. and, when she did that he placed her on administrative leave. which means in 30 days if his decision to have her go remains, that he can then kick her off the payroll. this is requirement of civil service regulations. but, it is a sign of her arrogance that when asked to resign she refused to do so. i want to correct you on one

thing. she was in charge of the tax-exempt unit over the last several years. her predecessor, who was there when the practices began in 2009 and 2010 is a woman named sarah hall ingram, who i believe in 2011 was promoted from the charge of being in charge of the tax-exempt unit to being in charge of the irs implementation of obamacare. we have two directors of this unit, lois lerner, the most recent director of the unit and her predecessor, sarah hall ingram who have a lot of explaining to do what happened on their watch. jon: if it had happened on your watch, you were a high level advisor to the previous president, if it had happened on your watch what would you be telling the president to do? >> mr. president, i'm sorry, i'm resigning and everybody else who ought to be held responsible for this ought to go. we didn't see that this week. we saw shulman, the irs commissioner at the time, basically saying, me no alamo. i didn't know what was going on. i'm not going to apologizing for this. i regret it happened on my watch but i have no

responsibility for it. we saw lois lerner in a very self-serving way say i did nothing wrong but i will take the fifth amendment and not answer any of your questions. this is a agency that is arrow ban and out of control. we also found out this week, we've been misled systematically. we've been misled by lerner, shulman the director of the irs. we've been misled by the white house. we've been misled by members of congress in their role and all this is coming to the forethat will have corrosive effect over time on people's confidence in the government and the irs. jon: one observer told me, a person that brew up in illinois, this is chicago style politics brought to the white house. do you agree? >> i do. there is very interesting piece by kim strassel in the "wall street journal" which she makes the point of at the center of a lot of this is bob bower, the president's campaign counsel in '08 and in 12. meantime between those two times was the white house counsel. she shows how this is a hab

pit of him asking the justice department and the irs to do criminal investigations of political opponents of the president. we saw this for the president himself. look in 2010, he went around the country talking about these tax-exempt 501(c)(4) brups being quote, a threat to democracy. and he said that not once, but a number of times. so the tone was set at the top. and again, i repeat, we've been misled. think about this jon. we were misled. oh, this all happened as a matter of efficiency because we were, we had a wave of applications for 501(c)(4)s. the atlantic.com did a very interesting study and pointed out by a member of congress in the hearings there was no wave in 2010 when this was being done. we saw that, we saw that the white house said, well we can't be involved in this because it was quote, an investigation. no, it was an audit by the inspector general. when they heard about they could have and should have jumped in the middle of it and said what the heck is going on here at an agency

we're responsible for? jon: well, the president has said he doesn't really control the irs. could he be doing more here? >> sure he could be calling in the charge of it at the time, secretary geithner. when this, these, when these reports came in 2010, that the irs was sitting on the applications of conservative groups, and there were press reports in 2010 to this effect, the president could have called up geithner, 2010, 2011 and 2012 and the president at any time called up geithner and said, the irs must be above politics. i want you to check in this and i want you to assure me the agency you were directly responsible for is not engaging in partisan targeting, targeting of political opponents, targeting of conservative groups. that would undermine the people's confidence in the irs and government and i'm hearing these press reports and geithner i want you to get in on top of it the president remained silent in part because i'm sure they were content to have the irs

go after conservative groups. >> the president's half-brother got tax-free status approved for the charity he is running. >> right. jon: karl rove -- >> they promote the woman in charge of it at the time this all happened to put her in charge of implementation of obamacare. take your hat off to the administration for its chutzpah. jon: karl rove from texas. karl, thank you. >> you bet. arthel: it is friday. not just any friday as millions have packing up to get out of town for the memorial day weekend but rising gas prices could put a damper on your holiday plans. what you need to know before you go. the drama is building inside a florida courtroom. caryn kelley, accused of killing her boyfriend. her 911 call going public as she prepares to testify in her own defense. the latest coming up in a live report.

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911. jon: 31 million americans will hit the road this weekend looking to take advantage of the memorial day three-day weekend but with gas prices rising seven cents a gallon in the past week your little vacation could come at a much bigger cost. fox business network's peter barnes is live from washington. is this causing people to change vacation plans, peter? >> reporter: yeah, a little bit, jon. listen, it is the unofficial kickoff for the summer travel vacation season, this memorial day weekend and gas prices are athay their highest level for a memorial day weekend in two years according to aaa. $3.65 a gallon.

they're up about 15 cents a gallon from a month ago. aaa says that is because of, partly because of higher oil prices but also because there are refineries that are doing maintenance and repairs and so there is just not as much gasoline getting out there which is affecting supply. in some states gas prices are, eight states in fact, gas prices are above $4 a gallon this memorial day weekend, but high gas prices, even though folks are hitting the road, these high gas prices are having an impact on some family's travel plans. >> the last thing anyone wants to do is cancel their trip and not spend time with their friend and family just because gas prices are high. what we're finding, that some people may be trying to offset high gas prices by send spending less on shopping, dining or souvenirs you might find while traveling. >> reporter: let's drill down a little bit into that aaa survey on travel plans. about 2/3 of travelers surveyed said that the higher gas prices would not

affect their travel plans and that's in part because people do plan for their trips and so they might just not change anything because they're going to go ahead regardless but 38% said higher gas prices would affect their travel plans. breaking that down, 27% said they would economize in other ways, 8% said would take shorter trips and 3% wouldn't drive. they would find some alternative. jon? jon: what is the outlook here? if they're up seven cents already. are they going higher? >> reporter: aaa it expects gas prices to go down through june and july as these refineries get back online and there is more supply. jon: well, i guess that is the good news. peter barnes in washington. thanks. >> reporter: you bet. arthel: what always got me is that heavy jacket peter is wearing. weather seems too cold to go to the beach. jon: a little chilly. not a good start to a memorial day weekend. arthel: no. right now a florida woman is preparing to testify in her

own manslaughter trial. following a emotional day in court that focused on the 911 call caryn kelley made the morning her boyfriend was shot. harris faulkner from the newsroom with this bizarre story. >> reporter: i'm live and this is coming with live pictures from the courtroom. amazing video has come out of this case. the prosecutors for the state rested their case yesterday and now caryn kelley's defense team is up and calling witnesses. they have been all morning long. and they have an interesting hand to play, arthel. if they should choose to play this video in its entirety here a little bit. it is cell phone video. look. >> about leaving and don't leave, don't drive drunk. you're stupid if you leave and he came back and i got drunk. and come back in the house. i mean, i asked, i have a weapon and you know, i'm going to use it and if

you're coming in my house. so i went to bed. all of sudden i wake up in the middle d night and somebody is in my house. >> reporter: okay. so obviously a little difficult to understand there. admittedly she said she was very drunk. this just come into the fox newsroom. released as part of the legal discovery in this case. cell phone video, we don't know who took it that night. clearly you can hear and see police officers talking to caryn kelley as she tells police her boyfriend, phillip pete tros had been shot. they had argued earlier in the evening. he came back. she warned him earlier she had a weapon if he came back to protect herself. somehow or another the two ended up with her dna on that weapon, his dna on that weapon. but she tries to explain in that drunken state exactly why that is. that they both had their hand on the weapon because he was going to kill himself. the big question at the center of this case who has pulled the trigger, kelley

or her boyfriend. he is dead now, one gunshot wound to the head. on this tape even in the einebriated state she is ends aing questions from the police. it will be interesting to say if her against team says, you know what, this matches what we're telling you in court today. there is consistency in the story she must be telling the truth. on the sflip side, a kelley a real estate agent in college park, florida. they say it was winding about what happened on her home in july 11th, 2011. the story was changing. first it was self-defense. then there is the cell phone video playing out right now in court. interesting case. arthel, i'm on it. i will let you know if there are any updates. she is expected to testify. i'm watching closely to see if that happens as we round out the week or if we'll start the week with that on monday. back to you. arthel: harris, i know you will be all on top of that story. thanks so much for that. it is very compelling. thanks, harris.

>> reporter: sure. jon: for obvious reasons we've been talking about tornadoes this week but guess what, hurricane season starts next saturday? what can we expect over the next six months? meteorologist maria molina with the latest outlook from noah's climate prediction center. the jury in the jodi arias case failing to reach a unanimous decision whether to send the convicted murderer to life behind bars or excuse. -- execution. so now what? our legal panel next.

jon: a fox weather alert what to expect when hurricane season begins june 1st. noaa's climate prediction center forecasts higher activity over the next six months. meteorologist maria molina live in the fox weather center. maria. >> jon, good to see you. hello, everyone, that's right. we're talking about a relatively active hurricane season coming up and that's according to the national hurricane center. they're predicting active season above what is average, anywhere from 13 to 20 named storms. a tropical storm system with winds sustained 39 miles an hour or greater. seven to 11 could become hurricanes. you're talking about winds sustained at 74 miles an hour. and then three to six of those could become major hurricanes, category 3 or greater. 2012, our last career was very active including superstorm sandy.

on average we're talking about 12 named storms per year since 1981. some of the reasons we think there will be relatively active hurricane season, we have very warm sea surface temperatures in place. they have the field to fire up the thunderstorms. also very little wind shear. very weak winds across the upper levels of the atmosphere. that should a allow the thunderstorms to blow up. you can see temperatures in the 80s across the caribbean sea and 80s across the gulf of mexico. that fuel is already in place. by the way we saw earthquake yesterday evening or yesterday night in california, north of sacramento in the mountains. it registered as a 5.7-magnitude earthquake. so not too unusual for this part of the country. it registered as a moderate earthquake. if you're wondering what that feels like as many did feel across this part of the country, here is what it felt like. >> first i felt the table move because i was playing a gail on the table. then i looked at wall, i heard the walls creek. i thought somebody hit our

house with their car. >> i felt the church go from side to side. it was weird. i thought it was maybe a car driving by, but wasn't nothing. it wasn't shaking to the point where, you know, it was noticeable. >> earthquakes of this magnitude not too unusual across the world. we actually see over a thousand of them worldwide in one year. so, jon, some people waking up to some rattling occurring across their homes. jon: those who live in hurricane-prone areas might want to get that hurricane kit ready. >> by the way, jon, we do want to mention because the season will be active doesn't mean we'll see more landfall. there is no connection there but active season means more storms firing up, more storms to watch. jon: let's hope they all hook out to sea. >> yeah. jon: maria molina in the fox weather center. thank you. >> thank you. arthel: new information now on the jodi arias case. a mistrial declared in the penalty phase for the convicted murderer. the james jury that found her guilty of willing her one-time lover could not reach a unanimous decision

whether she should spend her life in prison or be put to death. a retrial for the penalty phase is scheduled for july, july 18th when an entirely new panel of jurors. it may not happen. you see prosecutors have the option of taking the death penalty off the table f they decide to do that the judge would sentence arias to life. fred tecce is here, a former fed practical prosecutor and tom can any of, former prosecutor and defense attorney. the. >> thanks for having me. arthel: before we go into what steps might happen, tell me when you first heard about the mistrial in the penalty phase, what did you immediately deduce from that? fred, i will start with you. >> arthel, i thought the judge pulled the trigger too quickly. the jury only ibt thered 13 hours. i would have sent them home or memorial day weekend and give them another charge on tuesday and give them another day. i wasn't there. easy to second-guess from a

chair in philadelphia. arthel: tom, what do you think when you heard? >> may have pulled the plug early because sitting through the trial going on for five months. >> exactly. >> it is, i'm not surprised. first of all it is ex-excruciatingly long trial. secondly, under the arizona death penalty statute, the only really aggravating circumstances is the manner in which the murder was committed. the fact that it was a heinous crime. you know, if you're defending this, from a defense perspective, one of the things you argue, look, what first-degree murder isn't heinous? what first-degree murder isn't cruel? couple that with the fact that the prosecution has the same high standard they have in proving aggravation as they do in proving guilt. proof beyond a reasonable doubt. that is very high burden to meet. the defense is showing mitigation. mitigation can be almost anything. her character. the fact she has no prior convictions. arthel: tom, let me jump in

here. i want to talk about that. the as you know the maricopa county attorney could drop the death penalty. that would mean at this point there would be no retrial. we don't hear from jodi arias ever again which i think a lot of people would be happy about that. exactly. arthel: fred, what do you think is the likelihood of that happening of dropping the death penalty? >> you know, i'll tell you it all comes down quite frankly to what the alexander family wants to do. what you have to realize is because this new jury will have to hear all the raw sewage come out of that woman's mouth again about travis alexander, that, that they're going to be subjected to that again because they weren't subjected to this in this stage because the jury already heard it during the trial. if i was juan martinez, the prosecutor, i would sit down with them, look, i understand what you want but quite frankly as much as, you really want to punish the woman jodi arias, you put her in a jail some 14 stories underground where no tv camera could ever find

her ever, that is tough sentence. arthel: tom, by the way, if it does get to a retrial, what, who on earth would represent jodi arias? >> well, it is probably plenty of lawyers. >> good question. not me. >> many lawyers would want the publicity. it is very possible she would be appointed a lawyer. i don't know what her resources are at this point. i imagine not much. but, i ahe grew with fred in the sense that what the victim's family want will be very persuasive. we also have to keep in mind, there will be intense political pressure on the district attorney in this county to let this case die. it is already taken many, many months, many, many millions of dollars. the idea of impaneling a whole new jury having them hear all the evidence again, remember this jury got to consider evidence they heard in the trial. they will have to start almost from scratch with this jury. >> tom, you and i were prosecutors. if somebody walked into the office the political pressure says drop the case, the two of us would look, no, tell them thank you, but no

thank you. i will make that decision by myself. arthel: fred and tom, so you sounds like both of you are saying look, we don't want to have another trial in this case. it is enough already, enough pain and suffering for the family of now deceased one-time boyfriend. i want to let you know that you know this, reminding our viewers if in fact there second jury that jury is hopelessly deadlocked, the judge, judge stevens would decide if arias would get life without parole or life with the eligibility of parole in 25 years which means she would be somewhere around 57, late 50s. so, perhaps it won't come to that though. and miss arias will stay -- >> at least at that point she won't be as attractive for tv. hopefully. arthel: i move on now. i stop there, fred, tom. >> good idea. arthel: you guys are not going to get me in trouble. nice to see both of you. >> have a good day. arthel: you the same. jon: well, two men are under arrest of a a passenger plane heading from pakistan to great britain is forced to make an emergency

landing. what we know about the investigation and the men in police custody right now. ♪ ♪ wonder if i gave an oreo ♪ to somebody out there who i didn't know ♪ ♪ would they laugh after i'd gone? ♪ ♪ or would they pass that wonder on? ♪ ♪ i wonder how it'd change your point of view ♪

♪ if i gave one to you? ♪

♪music plays continually ♪ if i gave one to you? ♪music plays continually for over 125 years, we've been bringing people together. today, we'd like people to come together on something that concerns all of us... obesity. and as the nation's leading beverage company, we can play an important role. that includes continually providing more options. giving people easy ways to help make informed choices.

and offering portion controlled versions of our most popular drinks. it also means working with our industry to voluntarily change what's offered in schools. but beating obesity will take continued action by all of us, based on one simple common sense fact: all calories count. and if you eat and drink more calories than you burn off, you'll gain weight. that goes for coca cola, and everything else with calories. finding a solution will take all of us, but at coca cola, we know when people come together, good things happen. to learn more, visit coke.com/comingtogether arthel: new next hour, jury deliberations resuming today in the murder trial of a woman accused of strangling aspiring model and actress julianna reading. prosecutors say kelly soo park killed misreading with

miss redding with her bare hands in california in 2008. two more suspects are arrested in the deadly london terror as tax. investigators are trying to determine whether the hacking death after soldier is part of a broader plot. the soldier was hacked to death on the streets of london. actress amanda bynes was arrested after throwing a marijuana bong out the window of her apartment. she was arrest on charges of reckless endangerment, and pot possession. jon:. jon: a british airways jets make a emergency landing after a technical problem forces the plane to make an emergency landing. harris faulkner with new details. >> black smoke coming from the engine from the plane, witnesses say they could see flames coming out of british airways jet as it

flew over london. a terrifying thought. now we're getting video from what it looked like inside the plane. as they were making that emergency landing at heathrow. someone on board taking this video and as it plays out you will see the engine cover has blown open, exposing that burning equipment. the pilot, crew, did a great job, jon. as you know as a pilot keeping that plane under control. as you're watching it land and then we're told both runways closed as passengers and crew evacuated from the plane down emergency chutes. it was headed to oslo but turned back to london because of that fire. it has been a tough week in london as you know. arthel was talking about that bloody video of a knife-wielding terrorist going viral after a british soldier was killed in the streets. they're investigating there. london's metro police quick to say this plane emergency landing is not being treated as a terrorist incident. they make that very clear. one unconfirmed theory is that the plane's engines were hit by a bird. jon?

jon: all right. harris faulkner, if you learn anything else get back to us. >> will do. jon: thank you. arthel: always a nervous time as you taking off. you as a pilot but me as a passenger for sure. jon: takeoff and landing the most dangerous phases of flight. arthel: yeah. well, amid multiple washington scandals president obama now trying to defend one of his administration's most controversial programs. we'll have it for you when we come back.

arthel: president obama now defending his administration's controversial drone program. he says the airstrikes are necessary for national security. >> for the record, i do not believe it would be constitutional for the government to target and kill any u.s. citizen with a

drone or with a shotgun without due process. nor should any president deploy armed drones over u.s. soil. but when a u.s. citizen goes abroad to wage war against america, and is actively plotting to kill u.s. citizens, and when neither the united states nor our partners are in a position to capture him before he carries out a plot, his citizenship should no more serve than a shield than a sniper shooting down on an innocent crowd should be protected from a s.w.a.t. team. arthel: retired u.s. colonel martha mcsally was the first female pilot to fly in combat. she is also the former chief the current operations at u.s. africa command. good to see you. >> good to see you too. arthel: colonel, you also worked on drone targeting. talk about this for me. how necessary are drones in the landscape of this modern

day war? >> well, they're absolutely necessary and, as i said before, if we decide its legal and it is good strategy to use lethal force against senior elements of terrorist organizations, then, you have a list of tools you can pick and remotely piloted aircraft, which i prefer to call rpas, instead of drones, is a great tool to provide persistence, oversight, precision with very minimal collateral damage. it is a great tool in the war on terror which i still believe is going on despite his speech yesterday and the legal justification is interesting but several years late. arthel: and getting back to that speech yesterday, as you say, why now? what do you think is the president's main reason for restructuring the drone program and sort of re, resetting it, hitting that reset button? why now? >> well, i don't know what his motives are but i'm certainly concerned in general the tone of the

speech is almost declaring that, you know, there is no war on terrorism anymore and, i'll tell you, this isn't the first time we heard this. back when i was in the military in 2007 time frame, the administration directed that we could no longer use the term, global war on terrorism. all the way down the military chain of command, we couldn't use it in awards, performance reports, funding requests. there was no such thing as that anymore. it was overseas contingency operations. this was at the height of the iraq and afghanistan war at a time when al qaeda in arabian peninsula and in the islamic maghreb and growing their war chest and capabilities, training thousands of fighters across africa and middle east to construct operations against america and its allies and its interests. so it is a little disturbing to me as someone that has participated and been a part of this effort that he appeared to be declaring kind of we're going back to more of a police and

criminal mind set. pre-9/11, yeah, at a time when in fact the threat is changing. it is actually i would say metastasized and mutated but certainly not diminished. >> we'll get into that with mike baker a little bit later but let me get back to this because it seems to me, colonel, mcsally, that you are passionate and concerned that the president is not calling it a war on terror. with that in mind i would believe that many of our viewers agree with your position on that. a lot of our viewers also though are concerned about the drone program. >> right. arthel: so walk us through how, both are important. >> sure. absolutely. again, if we agree that it is legal for us to use lethal force, which, again the president put out the legal argument many years late yesterday, but i do believe it is legal by domestic an international law to use lethal force against terrorists abroad that are trying to kill americans. so if you decide it's legal and you decide it is good

policy to use lethal force then you have to choose a tool. you want a manned fighter aircraft? you want a cruise missile? you want to send in special forces and seals? or do you want a capability in a remotely piloted aircraft that takes over 200 people by the way to keep airborne for 24 hours so when all the intelligence comes together sometimes at a moment's notice you actually have oversight from operators and intelligence analysts, chain of command and lawyers watching the whole thing. you can use lethal force with a very small warhead with persistence and precision and ability to minimize casualties. it is a great tool once you decide to use it. arthel: i have a hard break. thank you so much. "happening now" continues after these messages [squeals] ♪ [ewh!] [baby crying] the great thing about subaru is you don't have to put up with that new car smell for long.

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jon: a fox news alert, and a bridge collapse in washington state sends two cars with three people in them plunging into a river. rescue boats quickly arriving on the scene, they pulled everyone to safety. investigators now say last evening's collapse was caused by an oversized truck which hit an overhead span of the bridge. a section of it, located on interstate 5, falling into the river about 60 miles north of seattle. we'll have a live report on the aftermath in just a few minutes n. major developments concerning the target of journalists, i'm jon scott.

arthel: i'm arthel neville, welcome to a brand new hour of "happening now." as nbc news is reporting that attorney general eric holder personally signed off on the controversial search warrant identifying chief washington correspondent for fox news james rosen as a possible co-conspirator in violation of the espionage act and authorizing the seizure of his private e-mails. bringing in doug mckelway now live from washington with more details. doug? >> reporter: afternoon, arthel. holder signed off on this search warrant is very much in line with what department of justice guidelines require. according to a portion of those guidelines now: >> r eporter: if the nbc report is true, and we have no reason to doubt it, attorney general holder is in a bit of quandary. listen to what he said earlier

this month in testimony before the house judiciary committee which stands in stark contrast, according to nbc, with what he did in approving the search warrant. listen up here. >> regard to the potential prosecution of the press for disclosure of material, that is not something that i've ever been involved in, heard of or would think would be a wise policy. in fact, my view is quite the opposite, that -- >> reporter: another problem for holder, yesterday president obama said he, that he has communicated with his attorney general who, quote, has agreed to review existing department of justice -yard lines governing investigations that involve reporters. in other words, it appears that attorney general holder is now in the position of reviewing the attorney general. of further concern, the u.s. attorney for the district of columbia put out a statement earlier this week that said we did not wiretap the phones of any reporter or news organization, nor did we monitor or track the phone calls of any reporter's parents, no records

were on stained from the computer servers of any news organization, but it omitted the fact that e-mails from rosen's personal account were obtained as were details from his cell phone and his parents' phone indicating who they called, what calls were received as well as the time and duration of the calls n. a message to all fox news employees, chairman and ceo roger ails said, quote, the administration's attempt to intimidate fox news and its employees will not succeed, and their excuses will stand neither the test of law, the test of decency, nor the test of time. holder's report to the president is due on july 12th. arthel, back to you. arthel: july 12th. doug mckelway, thank you very much. so the question now is how is the mainstream media handling this developing scandal. our news watch panel will weigh in coming up a little bit later in the show. jon? jon: well, the irs official who refused to testify about the tax agency scandal, you know what's

happened to her, right? she's refusing to resign. lois lerner is now on paid administrative lead. she oversaw the unit accused of singling out conservative groups for extra scrutiny. senator chuck grassley of iowa said she refused the irs commissioner's demand for her resignation, and he says taxpayers should not be on the hook to keep paying her salary. let's talk about it with fox news contributor monica crowley. so she earns more than $170,000 a year. apparently, she's just going to get to paid to stay home now. >> this would never happen in the private sector. if something like this went down, you'd be so fired. this is a predictable fallout of really big government, and actually what we have is government worker power over us and really over the system. so she finds out about this targeting, she oversees the targeting. once she is briefed on it, she does nothing about it, and even worse, jon, not only does she not stop it, but she actively

perpetuates it for months and months on end. and now she's on administrative leave. she will get her entire summer vacation courtesy of the american taxpayer. jon: and when word was about to come out from the treasury's own inspector general department, she figures out a way to kind of leak the information through a planted question at an american bar association conference that, well, that leaks the information and tries to minimize the damage. >> right. a planted question, of course, and she acted like she was surprised to get it but, of course, it was planted. and she issued an apology then, and she said, yes, it is true that we targeted conservative groups, we're very sorry about that. did she really believe that that faux apology would be enough and would carry her and the agency through? i don't think so. jon: but she has done nothing wrong, or so she told congress. >> although her attorney probably believes otherwise which is why he counseled her to take the fifth. jon: so where do we go from here? we've got her staying home

collecting 170 grand a year from possibly doing nothing, congress threatening to bring her back to testify, where does this go? >> i have a feeling this is just the tip of the iceberg. you've got a lot of key democrats like senator max baucus on the democratic side in the senate, also democrats on the house side also saying that, look, because of their refusal -- not just lois lerner's refusal, but all of these pompous asses from the irs that we saw last week and this week, they've refused to answer any questions about this scandal, jon. so now you even have democrats saying their refusal to tell us the truth about what happened here is going to make a special prosecutor pretty inevitable. jon: and the woman who preceded her in that job gave it up because she got promoted. she's going to be handling the implementation of obamacare in the irs. that ought to fill us all with tremendous -- >> disgust? jon: well -- >> yes. jon: confidence in government. >> and outrage. but we have seen this pattern in

this administration where people who are caught up in scandals and abuses of power like this tend to fail up. they tend to get promoted. we see victoria newlin who is overseeing the editing of the benghazi talking points, she's set to get a big promotion at the state department. same thing here. jon: all right. it's going to be interesting to watch. monica crowley, thank you. >> pleasure. jon: arthel? arthel: let's get back to our top story, an oversized truck is being blamed for causing a bridge to collapse in washington state. the truck was hauling drilling equipment when it hit an overhead span. the truck made it over safely, but two cars driving behind fell into the live. all three people inside those cars suffered only minor injuries, and rescue boats were on scene within minutes. dan springer is live near the river in mount vernon, washington. and, dan, i can only imagine, it had to be scary for the cars on the bridge. >> reporter: oh, i can't imagine how frightening that would be to be seeing that

bridge go in front of you and then being down in that water. but let's set the scene here. you can see behind me a lot had to go right for it to turn out as good as it did. first of all, the timing. it was 7:00 last night, so it was after the rush hour, so only a handful of cars on the bridge. but you can see the cars are still in the water, so the other thing that had to go right was that's 15 feet of water there. the concrete portion of the bridge that collapsed actually ended up being a landing spot for those cars, and so people who were inside those vehicles, three people, were able to get out through the passenger side doors of the vehicles, then get up on top of the hood and then wait the 60 or 90 minutes for the rescuers to get to them. one of the guys was dan sly. here's what he had to say about the moments just before hitting that water. >> my foot had pushed to the floor as far as possible before momentum carried me through, and there you just hold on for dear life at that point. it's no screaming, no yelling,

you just, you go with it. >> reporter: now, he went with it, all right, and he got his wife out safely as well and waited those 90 minutes for the rescuers. you can see a steel girder. that's one of the top girders that was also hit by this high-profile vehicle, this semi truck, and it is damaged all the way to the right-hand side. so what we think happened was the semi truck was pushed all the way over to the right-hand side of this bridge, the far right lane because there was another car in the center lane. that vehicle, that semi truck should have been all the way to the center where he had higher clearance because you can see there's a little bit of an arch there, and that vehicle is still over there and is being investigated by the state troopers. he is being cooperative, but apparently he was too high for the right-hand side of this bridge. arthel? arthel: well, dan springer, thank you very much. and as you said, dan, thankfully, nobody died. now, this is unlike previous bridge failures where the results were deadly. here's a look back. in the 1980 a cargo ship hits

florida's sunshine skyway bridge during a storm causing a thousand-foot section to collapse. a greyhound bus and several cars plunged 150 feet into tennessee killing 35 people. in 1981 114 people died when two suspended walkways collapsed inside the hyatt regency in kansas city, missouri. it's believed vibrations may have led to the breakdown as did the sheer weight of the crowd. in 1983 a barge rammed into a bridge near mobile, alabama, the bridge collapsed as amtrak's sunset limited sped through causing three engines and four cars to plunge into the canal. 47 passengers were killed, 103 were injured. and in 2007 an interstate highway bridge collapsed in minneapolis sending rush hour traffic plunging into the mighty mississippi river. the disaster left 13 people

dead, 145 were injured. jon: a major pirg in the benghazi -- figure in the benghazi scandal is up for a promotion. how the ongoing investigation could affect the nomination of president obama's pick for a key assistant secretary of state job. also some new details about the two suspects in the hacking murder of a british soldier killed while walking the streets of london. it comes as we learn more about the victim, lee rigby, and those who knew him best pay tribute. >> sleep peacefully. we loved you so much, and you didn't deserve this. you fought for your country and did it well. you will always be our hero. we are just upset you left so early. we love you. [ female announcer ] doctors trust calcium plus vitamin d to support strong bones. and the brand most recommended by... my doctor. my gynecologist. my pharmacist.

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jon: we are learning more about the two suspects in the awful hacking death of a soldier on the streets of london.

british government officials say one of them tried to go to somalia to join up with the terror group, al-shabaab. authorities looking into linking between the possible suspect seen here and some of the u.k.'s most radical preachers. all of this comes as 25-year-old lee rigby is remembered as a soldier who served his country in afghanistan, germany and cyprus but also as a devoted father and family man. >> i just want to say that i love lee, i always will, and i'm proud to be his wife. i wish we could continue our life as a family. he was a devoted husband and father, and we'll both miss him terribly. jon: in another developing story out of london, we're getting word of

>> the downward spiral of amanda bynes.

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citibank mobile check deposit. easier banking. standard at citibank. arthel: president obama is ready to push the reset button on fighting terror. in a major speech on national security, he declared america has reached a crossroads, and the war against terrorism -- like all wars -- must end. the president also defended the use of drones for targeting killing while calling for new restrictions on their use. unmanned drones have eliminated much of al-qaeda's top leadership as well as four americans who were killed overseas by drones. the president says it's time to change our approach, claiming al-qaeda is less of a threat, and we're safer now than we have been in years. >> so that's the current threat. lethal, yet less capable al-qaeda affiliates, threats to diplomatic facilities and businesses abroad, home grown

extremists. this is the future or terrorism. future of terrorism. we have to take these threats seriously and do all we can to confront them, but as we shape our response, we have to recognize that the scale of this threat closely resembles the types of attacks we faced before 9/11. arthel: now, the president's speech drew a quick response from republicans who accused the president of down playing the threat of terrorism. listen. >> i believe we're if a war that's not -- we're in a war that's not winding down, we're in a war that's morphing. and, thus, the theme of the speech was that this war is winding down. >> congress knew exactly what was going on with respect to the targeting of awlaki. and that's the type of transparency that i think is appropriate, but to open the book, so to speak, on the drone program, i think, does not make america a safer place in which to live.

arthel: and senator chambliss went on to say the president's speech will be viewed by terrorists as a victory, adding: arthel: bringing in mike baker, he is a former cia covert operations officer and the president of diligence llca global intelligence and security firm. mike, good to see you. >> thank you. arthel: and from the perspective of global security, tell me this: what message do you think the president is sending to friends and foes alike around the world? >> well, i think he's putting out a message that the white house has a rather simplistic view of the enemy that we face. i mean, or it's curious. to me, it's an odd time to roll out the let's revisit guantanamo and the drone campaign issues. it's almost as if, you know, the current issues related to

benghazi, the irs and ap scandal have him looking for other topics to talk about. but i think it's, you know, for him to kind of give a speech and say, look, the threats we face are threats to our, the diplomatic facilities and our businesses overseas and from home grown extremists, well, thank you for the statement of the obvious. what he's not saying is, look, the threat is from radical islam. it's not just from al-qaeda. radical islam is actually doing quite well right now. if you look at syria and the fact that al-qaeda in iraq and al-nusra in syria have joined together and causing a significant opportunity to destabilize iraq, much less syria, if you look at the situation in mal and yemen, afghanistan, you know, the violence increasing as we're getting ready to walk out the door, and to say that somehow, you know, our threats are narrowing and things are getting better, it's an odd thing to say. arthel: maybe consider this just for the sake of conversation

that the president is not acknowledging what those circumstances that you pointed out, that's a grand scale. but perhaps the president is speaking in terms of the threat being a little bit lessened as it was before 9/11 as he said yesterday in his speech, maybe he's talking about those so-called lone wolves, those radical folks like the two crazy people in london who killed that poor british soldier x they were spouting off views of, you know, how the british army was over there in afghanistan and pakistan, and they're killing women and children. so that's what -- why i wanted to talk to you, mike, specificically. is that what the president's saying, that it is not necessarily that the war's over, but it is, indeed, a different war where it's not just on the battlefield, but folks like that are bringing it to the streets where we live, to neighborhoods. >> i don't know that that was his point. i think he's trying to minimize the potential threat from

al-qaeda. you know, the threat that we face whether it's the tsarnaev brothers in the boston attack, whether it's, as you pointed out, this attack this week in london by these two individuals, shooting at the jewish school in france, whatever it may be overseas, yes, that is, that is the way that radical islam now views the fight in a sense. you know, it's not as if they're sitting in a cave somewhere plotting how to get terrorists into our country. they've identified and have for years now that the holy grail is to radicalize or reach out to directly or indirectly people already in the infidel countries. i guess my point being that it's a strange time to bring up the drone program. quite frankly, he's absolutely right, the drone program is extremely effective, and it is very important to the war on terror. i guess i'm wondering if it's not broke, why try to fix it at stage? and with gitmo, guantanamo, if it's so dear to him as far as

closing it goes, well, then fine. use the political capital. you've been president for years now, use your political capital and get it done as long as you have a plan for it. i don't think anybody's arguing that, you know, if you've got a strategy, let's get it done. arthel: mike baker, thank you so much for coming on and addressing a potpourri of perspectives on that particular drone program as well as gitmo bay. thank you very much, mike baker. >> thank you. jon: well, some serious legal problems this morning for a starlet who once was one of hollywood's brightest, rising young talents. harris faulkner live in the newsroom with the latest on the amanda show, huh? >> reporter: this is very sad. her days of nickelodeon stardom are a distant, rearview mirror now. take a look at this video from inside the courtroom today. amanda bynes cuffed, a mess in court behind all that hair. that's her. this latest legal entanglement calls on the just throw the evidence out the window defense,

apparently. amanda bynes arrested, hauled out of her midtown manhattan apartment after the doorman complained she was smoking and rolling marijuana cigarettes in the lobby. we've learned bynes went back up to her apartment, and when police were knocking at the door, she chucked a bong out the window. she lives on the 35th floor. her apartment filled with heavy marijuana smell. really? uh-huh, according to police. here are fresh sketches from inside the courtroom as well today. lots of video and pictures as people are snapping down the spiraling of amanda bynes. she was a child and teenage star with several successful tv series on nickelodeon and movies as well. you may remember. that's her with less hair and its original color. now she has the tight l -- tight l of havoc wreaker. in april of 2012 bynes hit a

police car with her black bmw in west hollywood, arrested that night for dui. last month she was spotted smoking a suspicious rolled cigarette in times square, and recently she shaved half her hair off and has begun tweeting out topless photos of herself. although she insists she's not having mental problems, before booking her, police actually took her to a new york city hospital for a psych evaluation on the way to the police station. back to you. jon: that is tragic and sad. harris faulkner, thanks. arthel: i think that was a wig. okay, moving on, president obama tapping a key state department official for a big promotion. she was knee deep in the talking points mess after the terror attack on our consulate in benghazi. the latest details. plus, jury deliberations underway in the case of a model murdered in cold blood. our legal team weighs in just ahead. ♪ [ femalannouncer ] from more efficient payments.

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[ female announcer ] from meeting customer needs... to meeting patient needs... ♪ to wireless is mitless.s... igure inppening now," president the benghazi scandal for a promotion. former state department spokeswoman victoria newlin now tapped to become the next assistant secretary of state for european and eurasian affairs. she had a hand, as you'll recall, in editing the administration's talking points after the deadly terror attacks on our consulate that claimed the lives of four americans including ambassador chris stevens.

chief washington correspondent james rosen joins us now live with more on that. james? >> reporter: good afternoon. victoria newlin is a well red carpeted career -- regarded career foreign service activist. but her senate confirmation hearing will almost certainly revive questions about her role in the development of the benghazi talking points and about her early statements about benghazi from the state department podium. here's an exchange i had with her on monday, september 17, the day after the talking points were delivered. ambassador rice spoke to this, she suggested that there had been an ongoing demonstration outside the consulate or in the proximity of the consulate in benghazi that was, in essence, hijacked by more militant elements who came armed to the affair. i just want to nail this down with you. you are, you stand by this notion that there was, in fact, an ongoing demonstration. >> i'd simply say that i don't

have any information beyond what ambassador rice shared with you. >> reporter: but the e-mails between cia, state department and white house officials that illuminate how the talking points were edited before susan rice delivered them demonstrate that newland did, indeed, have the talking points. the cia stated flatly we do know that islamic extremists with ties to al-qaeda participated in the attack. the line about knowing there were extremists will come back to us at podium. how do we know, who are they, etc., she wrote to her colleagues. 23 minutes later she wrote again to say: >> r eporter: and she added. a little more than an hour after that, a cia official shot back an e-mail saying the fbi did not

have major concerns and offered only a couple minor suggestions. that is what she will be fighting it out before republicans in the senate when she goes for that nomination to be the next assistant secretary of state for european and eurasian affairs. jon: james rosen, thank you. arthel: new developments in the maxim model trial. the jury deciding the fate of businesswoman kelly sue park. park is accused of murdering magazine beauty juliana redding in cold blood. according to prosecutors, redding fought desperately for her life, however, park's defense team says their client is innocent. let's bring in former prosecutor and criminal defense attorneys. good to see you both again. tomming, i'm going to -- tom, i'm going to start with you. when the jury asked to hear readbacks, is this typical, or does it signify trouble in the

deliberation room? >> well, you know, look, as a defense attorney anytime you have the jury thinking, especially on a case like this where the forensic evidence is very strong, you know, that's a good sign. the longer they deliberate, the more likely it is, they enhance the possibility that there may be one holdout juror that could at least end in an acquittal. so i think that's at least some positive sign for the defense. arthel: fred, who do you think has the most compelling case at this point? >> well, i mean, you know, it may be positive for the defense, but it would be the first positive thing for them throughout the entire trial. i think the physical evidence is overwhelming. i mean, this woman's dna was on the victim's neck, on her tank top, it was on the doorknob, and i think the most compelling piece of evidence was that the defendant's dna was on a nob on the stove that had been left on to fill the participant up with gas to cause an explosion.

which means she was there before it had enough gas in it to blow up. you know what though? i never can understand why the jury asks questions and what they do, and a lot of people say they can, i've never been able to see it. arthel: fred, you bring up the dna and, tom, i go back to you now. the defense is saying, so what? it's your job, prosecutor, to work, work hard to say that my client, indeed, murdered this model. >> yeah. and what the defense is hanging their on -- their hat on is, look, all the evidence they have is dna. what's glaringly absent is any evidence of motive. now, prosecutors love to point out that the prosecution doesn't have to move motive, and that's true. but 12 jurors deciding someone's fate on a first-degree murder case are going to want some sort of cogent theory, even, explanation as to why -- >> well, tom, the million dollars that she got from the

victim's ex-boyfriend whose business deal with her father broke up 24 hours -- >> the judge said -- >> that's a little bit of a motive. >> the judge kept most of that out because mutual relationship between the doctors, judge doesn't want the jury -- [inaudible conversations] arthel: all right, guys, you both bring up good points. unfortunately, i don't have time to let you duke it out right now. >> no problem. arthel: thank you very much. happy memorial, enjoy the weekend. fred and tom, thank you both very much. jon: and we will keep watching for the verdict in that case. there are some shocking new details in one of the scandals plaguing the white house as we learn the attorney general himself signed off on the investigation of fox news correspondent james rosen. so how are the mainstream media handling all of this? our news watch panel weighs in the next. [ male aouncer ] it's 7am and steve is already thinking about tomorrow. which is why he's investing in his heart health by eating kellogg's raisin bran®. mom make you eat that? i happen to like raisins. [ male announcer ] invest in your heart health. now that's what i'm talkin' about.

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to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! jon: "happening now," a shocking new report from nbc news concerning chief washington correspondent at fox james rosen, that attorney general eric holder personally signed off on a search warrant labeling rosen as a likely criminal co-conspirator as part of their case against an alleged lyric of sensitive material, allowing investigators to get access to rosen's e-mails. so how are the mainstream media handling this developing scandal? let's bring in our news watch panel, judith miller, kirsten powers is a daily beast columnist, both are fox news

contributors. what about the reaction that this, apparently, according to nbc, goes all the way up to the top guy at the justice department, judy? >> well, this is the first time that eric holder has had to assume, will have to assume personal responsibility in the ap case which is where they cast a dragnet that affected roughly 100 ap reporters. eric holder said that he had recused himself. now it appears that he did sign that warrant which criminalizes reporting. and i think the press isn't buying it. for once many in the media who were kind of lap dogs to this administration have suddenly become watchdogs, and i welcome the change. i welcome the kept can schism. it's long -- the skepticism. it's long overdue. jon: kirsten, the administration wants to kick the can down the road, but have they kicked a hornets' nest with this one? >> yeah. the media is engaged.

i depress they've finally overstepped the bounds, the obama administration has finally overstepped the bounds with the media, and it has awakened them not just to the contemptuous attitude the administration has towards the idea of a free and independent media, but also towards whistleblowers, something that we've known about for his entire administration, that he had been persecuting a lot of whistleblowers which is different, frankly, than a lyric. a leaker often is someone who's just leaking something perhaps for political benefit, but a whistleblower is somebody who's actually trying to alert the media to something going on that people need to know. they've persecuted a lot of whistleblowers, and it's finally getting some attention. jon: well, judy, the interesting thing to me is, you know, after hearing complaints from the media and others about this overly broad subpoena, you know, going after the associated press, 20 phones of 20 reporters and editors of the associated press in washington, the president says, okay, i'm going to get to the bottom of this. i'm going to appoint attorney

general eric holder to investigate himself. >> right, exactly. he's going to review the guidelines of the department of justice, which is supervised by eric holder. and eric holder, when asked how many requests for search warrants or subpoenas of journalists he had turned down, couldn't remember. that would seem to be something i would want to know if i knew i was on the defensive and the president had just expressed confidence in me. this is truly amazing. but eric holder has been able to dodge these bullets again and again and again, and finally, i think, we really do need some outside scrutiny, some steady scrutiny by the press. i hope that as summer comes we won't lose focus. the guidelines are going to be reviewed by july 12th, let's make sure that there are some serious recommendations about stopping such overreach. jon: well, kirsten, you worked in washington. everything that the president has said thus far about, you know, about benghazi, about this

ap story is that, is that it's a partisan witch hunt, that there's no there there, that kind of thing. are the media still going along with that notion? >> i think they are on the benghazi issue. but the ap story and the fox news james rosen story are very different because, of course, they focus on the media, and the media's very concerned about the media. [laughter] so that's different. i think on the other issues, frankly, they're not getting as much attention because the administration's done a good job convincing people that there are just partisan issues and, you know, don't pay attention. jon: all right. well, the justice department going after a reporter for doing his job, it's kind of an interesting time in america. [laughter] we'll talk more about it. judith miller, kirsten powers, thank you. more with my great panel when i host fox "news watch" this weekend. we cover the coverage of the week's top story. runs saturday, 2:30 eastern time right here, fox news channel.

arthel: new information in the washington bridge collapse. what police say happened just before the span crumbled sending drivers plummeting into the water. and new concerns about when fatty foods give you heart burn. it isn't just pain and discomfort to worry about. a new study says it could dramatically raise your cancer risk. we're going to take a closer look at a surprising new study.

arthel: welcome back. be you suffer from heart burn, you know how painful that can be. now a new study finds with frequent heart burn are 78% more likely to develop cancer of the throat and vocal cords. the report finds that the same antiacids that reduce the discomfort could also reduce the

cancer risk. dr. david sue matty is the chief of the division of robotics at mount sinai's school of medicine. always good to see you, and this is a fascinating story. a lot of people suffer from reflux, you've got all that acid coming up in the throat area, so it sort of makes sense that you're saying this could bring on throat cancer. >> yeah. this is, actually, quite important because for years everyone knows that heart burn can be very annoying, but is it really major risk factor for cancers of the esophagus, for throat, for vocal cord, and this particular study which is a good one, and it's coming from the american cancer society, tells us that heart burn and acid reflux could be an independent risk factor for all of these cancers. nobody will debate that smoking, alcohol and human papillomavirus, that's already established as a major risk factor, and now heart burn is

declaring itself as an independent risk. it's a big study. arthel: that's huge because a lot of people suffer from heart burn. you have spicy food, later you have heart burn. so how do you avoid that turning into throat cancer? >> well, that's really important because one of the major risk factors beside withs diet, which we'll talk about, is obesity. if you have a lot of weight around your belly area, that pushes the stomach, opens up, and reflux and acid can get up there. a lot of fatty foods can do that. anything that will open up that sphinter is going to be a problem. so chocolate, alcohol, fatty foods, how about citrus, tomatoes? any of those can do this. so the big message to a lot of people is at nighttime, three hours before you go to bed, you don't want to have a big food and go to bed because that's going to increase your acid reflux. you've got to make sure that you eat small portion. if you're obese, you want to lose weight. the interesting part about this study as you mentioned was

antiacid, over the counter medication, reduced the risk by 41%, and that's a big deal. real prescription medications did not do it, but what is it in antacid that reduced the risk? we don't know that. but that's an interesting finding. arthel: you mentioned alcohol, chocolate, spicy foods, your not saying -- you're not saying if you eat that, you're definitely not going to get cancer. >> you're absolutely right, it doesn't have to be a direct cause of it. it may increase your risk, but if you're suffering from heart burn and you have that twice a week, your risk of cancer will go up by 78% based on this. so avoid or moderation of diet is important. don't eat the big, fatty food with a lot of like wine, etc., and go straight to bed because you're going to, basically, face your risk. >> yes or no, if you have chronic heart burn, you should probably go to the doctor. >> absolutely. have a great weekend. not too much fatty food.

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