much who told us he employ yeast neither the test of law, the test of decency nor the test of time: jamie, back to you. >> doug mckelway, on a story you have been following from the start, doug, thanks so much for the report. greg? >> this report does raise some pretty serious questions about the length, the government has gone in order to pursue leaks and it comes just hours after president obama said he ordered the justice department to conduct review of its guidelines concerning investigations that involve journalists, as doug mentioned the journalists saying should not be at legal risk for doing their jobs. chris styer wall is our fox news digital host of power play on foxnews.com. he joins us live. chris, good to see you. i want to get this straight.

i want to be clear. president says journalists should not be at legal risk for doing their job. so to make sure it doesn't happen and to investigate what happened i is going to put in charge the very guy eric holder who who placed a journalist at risk? well, you know, greg well enough that this probably amounts playing for time for the administration. they have a big, big problem on their hands here. and especially when you connect it back to the previous campaign against this network byes obama administration targeting for ridicule or targeting for exclusion. the fox news channel. when you pair those two things together, this just stinks to high heaven. everybody knows it and then you couple it up with what we know about what it looks to be a very overbroad effort to speen records from the associated press. you have a big problem on their hand. this is an effort, the president gave holder six weeks to come back with the report. this is an effort to buy time to figure out what to

do. and maybe, in fact, to find a new attorney general. >> well, it's holder investigating himself. now, i want to pick up on what you just said. maybe find a new attorney general. has this attorney general become such liability, such an albatross around the neck of the presidency that he really has to go? >> well, he is gonna have to go. the question is what is the timing. holder should have gone, it is now clear, when he had a good, good timing as hillary clinton did and others from the first term. you go after the re-election. you give the president a chance for a second cabinet for a second term. holder didn't do that and he stayed. now, he has got to ride this out. the question is at the end of these six weeks that the president has given him to fact find about himself, whether or not holder will still be attorney general and the question, of course, is sharpened by the fact that house republicans are surely going to have him and his deputies up there to testify under oath about how far it went with rosen but beyond that how many other agencies were subject to these kind of grabs.

>> you know, the late buchanan covered the white house many years wrote a bioon richard nixon, his son, karl cannon has penned a column entitled, the column is rather humorous. richard mill house obama. richard mill house nixon with thin skin felt opposition party. had a penchant for classifying political adversaries and journalists as millimeter enemies. zealous aides committed illegal ax to further his re-election. and cannon went on to say that nixon and obama have a lot in common. fair point? what do you think? >> there is -- i mean certainly we have not seen allegations of abuses against the press of this magnitude. since nixon. that's definitely true. but here is a major difference i would see. major difference is nixon was active in the presidency. he was a concreting power to himself. it was about him it was about those things. obama, on the other hand,

constantly casts himself as role of passive or spectator or waiting to hear what others say, sort of above the -- trying to float above the fray, but consequently looking passive and looking ineffectual. he better get going. he better channel his inner mill house and start looking like he has got some power and got some control. >> i have got to till first year law student would know what james rosen did was not a crime. it's not even a conspiracy. and, yet, eric holder personally signed off on the warrant that said it was. i mean, i don't know what they taught him at columbia law school but he audited to get a refund. [ laughter ] he is going to get hauled in front of congress. is he going to be asked about it. and i suspect that he may use the fast and furious excuse that he used during testimony as gee, you know, i didn't real really read it. i read a lot of papers. i can't get them all.

i didn't know all that stuff about accusing rosen of being a criminal. what do you think? >> the only thing criminal about james rosen is, perhaps, his woody allen impersonation. >> awful. other than that, he seems to be on the level on this. holder can say whatever he wants. but the reporters in this town know what that what was done here was egregious and that somebody is going to have to pay and it may be the attorney general himself. >> maybe holder was just asleep when they taught that at columbia claw school. i don't know. chris styer walt. good to see you. >> other developments ongoing controversy for the white house right now. the irs at the center of the irs targeting scandal won't go away. her name is lois learner. she has refused to resign despite the demands from the new acting commissioner of the irs, so now lerner, you may be surprised to learn is on paid administrative leave. you are paying her. she was the director of the

division that oversaw the unit that singled out conservative groups for intense scrutiny over their applications for tax exempt status. much more on that coming up. >> and a former state department spokesperson caught up in the benghazi terror attack investigation is actually getting promoted. victoria nuland helped shape information released to the public just days after the attack that killed four americans. her behavior has been deeply questioned as emails show that she fought to remove details, vital details that might have been used to cast blame on the state department. president obama now plans to nominate her to become assistant secretary of state for europe andation affairs. we will have lots more on this coming up in a live report. >> also, all eyes were on this developing story out of london this morning. british fighter jets had to he escort pakistani passenger

plane east of london. they arrested two men on suspicion of endangering that aircraft. the plane carrying 300 passengers. diverted shortly before its arrival. now according to reports, the men were making threats on board, fortunately no one was hurt. we're happy to report that british police say the incident is being treated as criminal not terror related. >> meanwhile, all of this coming as great britain is already right now on high alert after a soldier was hacked to death in broad daylight. authorities arresting two more suspects in connection with with the killings, lee rigby was targeted allegedly by a paver islamic fanatics. we are told this is video of the deadly assault just afterwards. the suspects apparently sticking around for quite a long while. one with blood all over his hands. holding what appears to be the murder weapons. greg palkot is covering this story live in london. greg? >> hey, greg. as police move ahead with what they call a fast

moving investigation, we are getting more details and more graphic amateur video that hacking death of the british soldier. today, there were more house searches conducted. the latest word we are getting from police is that one of the two arrested yesterday for suspicion for conspiracy to murder has been released along with another person. but one is still being held. along with those two attackers. police are said to be concerned right now about copycat attacks. and reportedly they are picking up more terror chatter. also getting more individual overthe police response to the attack. security services reportedly tracking these two for as long as six years among the activities they were involved in, attendance by one at a group with radical islamic ties along possible travel by one for terror-related activities. authorities say they didn't act on this because they didn't feel these two were ready together a on wednesday, they apparently did. mean while, the outpouring of grief continues for that

slain soldier, 25-year-old lee rigby. there was a very emotional press conference today by family members. here is what his stepfather had to say. take a listen. >> last text he sent my mom, good night mom, i hope had you a fantastic day today, because you are the most fantastic one in a million mom that anyone could ever wish for. thank you for supporting me all these years. you are not just my mom, you are my best friend. good night. i love you always. >> rigby's stepfather flanked by his mother and his wife. another worry, anti-islamic nationalist groups they're active too, just in the past few days, back to you, greg. >> gregg: greg palkot in london. >> jamie: we will talk more about that and the story. troubling twist in the death of an american engineer it happened

overseas police calling it a suicide. attempt to cover murder. they will be here telling us why they are concerned now for their own safety. we'll be right back there. this is betsy. her long day of pick ups and drop offs begins with arthritis pain... and a choice. take up to 6 tylenol in a day or just 2 aleve for all day relief. all aboard. ♪ only rzr delivers. now's the time to buy during the polaris xp sales event. take your pick of our new limited edition rzrs and get financing as low as 2.99 percent. save even more with rebates up to 500 dollars... or totally customize your new rzr

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>> i intend to engage congress about the existing authorization to use military force. or amuf. to determine how we can continue to fight terrorism without keeping america on a perpetual war-time footing. the afghan war is coming to an end. for al qaeda is a shell of its former self. groups like aqap must be dealt with you about in years to come not every collection of thugs that labels themselves al qaeda will pose a credible threat to the united states. >> jamie: well, that was the president suggesting that he wants to repeal a law that was passed just after september 11th, 2001, it authorized the war on terror. he said it yesterday. then it led to a growing chorus of critics who point

to the benghazi attack and the terror activity overseas. heck it, happened on the streets in london. they say now is not the time to consider repealing the authorization for the use of force, military force, ravel peters fox news strategic analyst joining me now to talk about it hi, ralph, great to have you here. >> great to be here, jamie. i think the critics of the speech are missing the point. obama's speech at national defense university was not about strategy, it was about politics, playing to his base and above all getting the irs scandal and james rosen scandal, the a.p. scandal, benghazi scandal off the front pages for a couple days and so far so good it made me furious. listen to the whole thing and the clip you just played talks we can't be on a perpetual war time footing. the united states of america has not been on a war time footing since 1945. we haven't been rationing food and gas and tires and stopping civilian production of automobiles. we don't have a draft.

we are fat, dumb and happy here and looking. >> jamie: we're scared. the point is, this is the law of the land rights now that gives the president and the military the authority to got not only fight terrorism but also prevent it from happening on our shores. why fool with the law? why would the president want to do this now? what is the upside for the administration? >> all political. he knows he is he not going to get. this congress is going to block it. but he can portray himself as fighting the good fight. and, you know, it's so sad because we have -- the administration has already tied one hand behind our backs in fighting terror by insisting on trying illegal combatants, thug murderers in our courts as if this aggravated shoplifting. then he wants to take away the military authority to address these guys and tie the other hand behind our back, and so, you know, i wouldn't be alarmed if i didn't know the speech was purely political playing to

peanut gallery. >> jamie: ravel, there is support in congress to do this. >> well, we will see what happens, but, look, from start to finish, the speech showed that obama even now, he does not understanded problem. for instance, he declares victory. just about had a mission accomplished sign on the wall behind him when the enemy gets to decide when the war is over. we don't get to decide until we crush the enemy entirely. >> jamie: if it's ever over. >> that's the key point, jamie. because this conflict arises not out of things america has done but of the absolute collapse of civilization in the greater middle east, the crisis within islam of the longing to return to a golden age that never existed. and until our enemies decide to stop attacking us, it's not over. obama cannot decide unilaterally that the war on terror is over. and you know what? you and i, may we live to

be 110 and healthy, but if we do we're still going to see terror generated from the middle east. it's not a conventional. >> jamie: on or shores too. we have to get the bad guys wherever they are. this law, passed after september 11th, 2001, al qaeda, my military sources tell me, they are still very much in the game, there is all these splinter organizations. the president as you said saying mission accomplished if that's how you read it the threat seems to be still there. but is this law the way it's written still relevant? does it need updating? >> it needs toughening. for example, the nonsense about treelgt these -- usama bin laden and abu masri was not jodi arias one off criminal nonsense case in arizona. these are cold blooded international killers or were until we got them thank heavens our enemy is

international, agile, inventriclive, creative, determined and anxious to kill us and we have got to be agile in our responses as well. you can't keep locking down our military tighter and tighter. it just can't work. by the way, jamie, despite killing usama bin laden which was a very, very good thing, thank you, seals, despite that al qaeda and widespread affiliates are now than when obama took office. that is not a victory. >> jamie: got to leave it there sequestration hampering some of the efforts of our military, too. we will keep an eye on all of it. thanks so much, ralph, always good to have you here. >> thank you, jamie. >> greg: closer look for president obama's pick for assistant secretary of state how victoria nuland was information eventually released to the public on benghazi attack.

-- >> jamie: there is a major delay in one of the most anticipated court rulings in recent history. a judge declaring a mistrial and you know jodi arias. we'll be right back.

>> jamie: welcome back, everybody. a little girl who deserved all this and more sure got it. a touching show of support for a young daughter of a police officer that had been killed in action. hundreds of phoenix police officers attended 5-year-old tatum rate's der garr ten. her father killed in a hit and run just days before the ceremony. a suspect arrested. now, one fellow officer says the original plan to support little at a -- tatum.

they were all there first a few officers and more joined in as word spread throughout the department. god bless them. >> greg: big cheers when she got her diploma. what a great story. right now in moore, oklahoma. a funeral for one of the children killed when his elementary school took a direct hit in monday's monster tornado. nicknamed the wall by his family. kyle davis absolutely adored soccer and going to monster truck shows with his grandfather. he loved that, too. senior national correspondent john roberts is live in moore, oklahoma. hi, john. >> good afternoon, to you, greg. two of those funerals today. that's the toughest part of this tragedy is the young children, the school students who thought they were in a safe place and turned out they weren't in a safe place. particularly when you think if that tornado had it hit today the schools would have been empty because the school officially ended yesterday. the tornado got them just a few days before that we pentagon some time at briar

wood elementary school. that was a school from which everyone survived. we found teachers and some students going through the school, picking out what they could, trying to salvage whatever was meaningful to them before the school was demolished that should probably begin next week. we also met a remarkable family. la donna was a prek teacher at briar wood. she and her husband and three daughters were in that school when the tornado hit she and her husband and one daughter were trapped when a wall collapsed. her daughter jordan just 9 years old a third grader explained to us what it was like to go through that. >> i was okay when i saw like the portables, like the wood and all the stuff come off the portables, but when the roof came off it, started freaking out. it was so loud and the roof just came off and parts of it fell and debris was flying in. it was crazy. >> you can imagine being 9 years old and going through that? i took a walk through the

ruined briar wood elementary school with one of the first responders from the urban search and rescue team john blumenthal. he told me when he arrived he heard from somebody at the front of the school that the entire second grade was trapped. he followed them back to a classroom at the back of the school with all of the walls collapsed, he found 18 children. and two teachers. and both he and the fire chief remarked that it was absolutely remarkable that no one died at briar wood elementary. but when i talked to la donna cobb she said not everything turned out great for her because one of her prek students died in a home away from the school. here is how she reflected on that. >> i feel so bad for those families and can't even imagine if right now instead of hugging my babies i was having to plan their funeral. >> she told me that she was grateful to be alive. she was grateful that her family was alived. but she told me she did

have some sense of survivors guilt. some remorse that her family survived and she survived when many others didn't. greg? >> gregg: john roberts in moore, oklahoma, john, thank you. >> jamie: the justice department talking a lot about them. review the way the doj targeted journalists. new report linking eric holder to a probe that involved fox news james rosen. does it review a conflict of interest. does it signal that the review to take place is just for show? we're going to debate that. >> plus, overseas police say this american's death was suicide. his family believes he was murdered over high tech secrets his parents will be joining us to explain the current state of the investigation and why they have been concerned for their own safety. >> and it's friday, greg. a lot of people hitting tgif friday. >> greg: is it the real deal. >> they are investigating and quite seriously serious

investigations several of their restaurants and just what was labeled booze on the bar. pg ♪ in margaritaville ♪ searching my

scweam job and family some new developments in story we are following closely. authorities washington state know what caused an interstate bridge to

collapse. blame it on truck carrying oversize load and it hit the overhead span. hauling drilling equipment from canada. when did happened it sent cars and drivers plunging into the river 50 feet below. there were three people rescued from the frigid water but believe it or not everyone is okay. that bridge is in mt. vernon about 60 miles north of seattle. built in 1955. and of course transportation officials asking a lot of questions about the condition. they categorize it as functionally obsolete but safe. carries about 70,000 vehicles a day. it's one of the bizzest bridges in northwest washington state. >> greg: back to top story now. it appears a major conflict of interest is emerging as the department of justice plans to review the controversial way it handled investigations involving journalists. well, were news of this review, if you can call it that, came just hours before a report surfaced

that the head of the doj, the attorney general himself, eric holder, personally signed off on a warrant that id'' d fox news correspondent james rosen as conspirator of espionage act and holder authorized the seizure of rosen's private emails and more that report now has critics asking if this review is just for show. larson is a syndicated media host with john. founder of left action president of hellinko consulting. let me begin with you, lars. is this 45 day review a sincere review or just for show? >> no, it's got to be just for show because who is going to sign off on it? the attorney general. so the attorney general is going to investigate the attorney general and then sign off on the end of it that he is satisfied with the results of the review of his observe behavior?

that -- own behavior? that doesn't make much since to anybody. i didn't believe john would defend it there is another question it might raise. the attorney general lied to congress last week he told the congress when he was asked about the possibility of prosecuting journalists criminally for investigative work like james rosen who is a good guy? he said that is not something i have personally heard of, been involved in or would approve of. and, yet now it appears, as you said, he personally signed off on the information that went to the judge for that warrant. >> greg: john, let me put it to you. is this lee -- review a serious investigation or window dressing a charade. >> let's see what the review comes up with first. before we condemn it let it start, let it go. the reality is, there are serious issues that have been raised by. this i'm not going to deny that i'm a staunch defender of the first amendment. if this has a chilling effect, that's a problem. >> >> greg: john, if a cop does something wrong, you don't have the cop

investigate himself. it's deceitful. it's a shame, isn't it? >> this isn't eric holder and eric holder alone. >> greg: it's not. >> him supervising a investigation of what happened. >> bologna. >> you don't know that whole contingent after holder since day one or before day one. i'm not saying there is not legitimate criticism. >> for good reason. >> some good. sometimes hair brained irrational con spur toler reasoning as well. let's give him 45 days. i'm all for bipartisan investigation as well. >> you know what's going on here, take 45 days, let the issue cool off. let everybody forget about it. that's what the president's supporters want. they want everybody to forget about this as we move on to the next shiny object and this thing appears in the rear view mirror 45 days from now, everything will have cooled off and nobody will notice when it is reported on page 15 of the "new york times" that the investigation is over and surprise all the people who work for eric holder that investigated the boss found that the

boss had done no wrong. >> what is the alternative? have darrell issa investigate him? if you want to have a real bipartisan investigation. >> congress has an oversight responsibility spelled out in the constitution the last time i checked. >> congress is -- >> greg: let me interrupt me. congress is going to be investigating this. haul holder in front of him. put him under oath. you know, maybe somebody outside could investigate as well. i want to look at the larger picture, lars. is criminalizing the pursuit of investigative journalism as eric holder has done here, is that anathema to the first amendment and democracy? >> yes. >> greg: if it is, does the administration's pray regard of that suggest they view the constitution in a meaningless scrap of words that doesn't really apply to them? >> come on, in woorksd yes. because, gregg, i have been a journalist for 36 years. i have investigated stories. the problem is that when a government, any government, even local government comes

in through the door and says if you are looking at things we don't want you to look at, we're going to run you up the flag pole and demand your records, all of your sources are going to know that anybody who talks to you is going to be revealed to the government agencies that have a dog in the fight and an interest in shutting you down and nobody is going to talk to you. that's the result of this kind of activity. >> greg: john, the president said journalists should not be at legal risk for doing their jobs. if he is sincere, doesn't it follow necessarily that he should fire the person, eric holder, who put a journalist at risk? >> well, look, i'm not going to defend putting journalists in a position of being at risk of a criminal prosecution. i'm a staunch defender of the first amendment. i believe there can be a chilling effect to. extrapolate that to president obama has no respect for the constitution, that that's a little extreme. >> greg: that wasn't my question, john, if the president was sincere when he said you shouldn't do this, doesn't he have to fire the person who did it and that's eric holder. >> there was no prosecution here. let's be very clear.

>> greg: that's not my question. he signed off on an after the on affidavit on a crime the president said you can't do that, you shouldn't do that and holder did it. doesn't he have to fire holder. >> look, i'm not saying that holder shouldn't be fired. what i'm saying is i want to know all the details first before i say that. >> greg: are you saying holder should be fired? >> i don't know. i don't know enough of the details yet i will say. >> greg: come on, john, you know the details. >> no, there is not. there is a lot of speculation. there is a lot of half-stories. i'm -- let the chips fall where they may. i'm all for that what i'm saying is let's get the details first. >> what speculation? gregg that is so cheesy. what speculation? we know a warrant was issued. we know a judge signed off on the warrant based on information given to him by the attorney general. we know the president says he does not ever approve of this. he needs to fire eric holder. >> greg: all right. we are going to leave it at

that we will see if it happens. thanks very much. >> my pleasure, gregg. >> jamie: this is case we have been following. police overseas says the death of an engineer is a suicide. his parents will be here next. rare opportunity to ask why they have abandoned their search for answers in singapore. they are here live. >> gregg: plus a plane forced to make emergency landing, scaring passengers on board. we are going to tell you where it happened. >> i just finished that one. ♪

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>> jamie: imagine if you were a parent here in america and you had an investigation going on in another country about your son's death. that's exactly what happened to shane todd's parents after his body was found in a sing apoor apartment last june. police in sing poor declared it an suicide almost immediately, shane's parents have ho have traveled to singapore and spent a lot of time there just left the country convinced that the evidence was faked. the investigation was rigged and they don't have any answers. here are shane todd's parents mary and rick todd joining us today. thank you very much mr. and mrs. todd for joining us. >> thank you for having us. >> jamie: singapore would argue they followed their laws, they did their investigation and the answers they got is that your son had committed

suicide. why are you convinced that's not the case? >> well, number one, their laws have nothing to do with international proceed coal. they received our son's computer and tampered with it from june 24th until august 3rd. and they could do anything, add any dates, change anything that they wanted and that is totally against international protocol with preserving evidence. and there was so much more. >> jamie: you have been searching for answers for months and months and months and months. and then recently you were in the courtroom, the judge had an 11th hour witness to be called. you wanted more information to prepare as i understand it and initially there was a reluctance to let do you that how did you make that decision to walk away from this? >> actually, the witness before that it was all a leading process. at the beginning we knew things were going south and actually the outcome was predetermined. the chief investigator for

the police actually was questioning and he said asked how many suicides did he valley investigate and he said 100 and then i asked our attorneys to say how many of those turned out to be suicide and he said all of them. so, basically there was a predetermined -- there is no chance of going any other way. earlier in the day, we did a complete analysis of what came from actually the prosecution sidevidence that c, clearly showed shane was -- had actually -- refuted what the shayne's boss had said. and we presented it to the court. and the judge got mad and wouldn't let us present it. >> jamie: let me ask mary about the boss for a second. mary, it seems to be that there is something that your son did concerning his employment there that not only interests the authorities there but you

think may be part of the mystery in this case. what can you tell us about that? >> well, our son was a ph.d. in electrical engineering and he went to get trained in a veko machine in new jersey. upon arriving back in singapore are they have a meeting with chinese company that we have since found out was fallway and shane found it was going to be used for military use. he refused to do it it he said they were asking him to compromise u.s. security. he quit his job. he told us live his life had been threatened and his rick was referring to under oath denied all of it. we have emails, we have shane's computer backing up all the meetings that had taken place with wallway showing the definite partnership between ime and wallway and the high frequency use of these machines that could only be used for military use.

>> jamie: todd had expressed concern about his life. he told his girlfriend and others that somebody was coming after him? >> yes. >> jamie: first, the american government, a lot of people and a lot of parents must be sitting out there right now saying my goodness my child is serving overseas or working overseas, would they not be predicted? what has our government done and what have they haven't done that you would like them to do to do. >> the fbi played into the hands of the singapore government. they helped them try to prove the case from the beginning. actually, our senators in montana have been extremely helpful to us as well as congressman wolf from virginia. >> jamie: it sounds like you have left but you are not going to give up. mary, i have to ask you this question. this comes up in every case where there is a potential suspected suicide. your son, it is reported, suffered from depression, at least the government of

singapore reports that he left a suicide note. you will tell me if that's true or false. but every person that suffers from depression, millions of people in our country are not always prone to committing suicide nevertheless that's one of the arguments that they are making. what do you want to say about that? >> well, i want to tell you his history of depression. in 2003, he was working on a master's degree. he was working -- with the air guard. he was a r.a. and he played rugby and got completely worn out. went to a counselor twice. decided to do exercise, diet, and vitamins. from that point on he has never seen a counselor since. he, until right in april when he went to see dr. woo or lowe, i forgot his name lee, he. >> jamie: he sought help and you feel that was not a contributing factor. >> he did it for anxiety.

we knew all about it he thought his life was being threatened. he was very anxious. that was the full extent. we are the ones that gave the police the report from dr. lee. >> jamie: got to go. mary and rick, thank you. we'll be right back. you can gf a kick in the rear! v8 v-fusion plus energy. natural energy from green tea plus fruits and veggies. need a little kick? ooh! could've had a v8. in the juice aisle. 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. [ male announcer ] with kellogg's raisin bran®. let's see what you got. rv -- covered. why would you pay for a hotel? i never do. motorcycles -- check. atv. i ride those. do you? no. boat. house. hello, dear.

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>> gregg: welcome back. brand new insight coming out today on what happened in the jodi arias jury trial room. the day after the judge declared a mistrial on the penalty phase. the jury found her guilty of murdering her ex-boyfriend but then they failed to reach a unanimous verdict in determining whether she should get life or death. adam housley is live in our los angeles bureau with more. hi, adam. >> hi, gregg, yeah, they deliberated over the course of three days, here is what we do know, in arizona this has happened five times

before. death penalty case a jury has come back dead locked. in four of those five cases the d.a. has decided to bring another jury, in to go effort idea of death penalty or life in prison. of those four retrials, three of them they got the death penalty, three out of four isn't so bad, we do believe that's what's going to happen in this case that they are going to retry to a jury in july. bring them in for cliff notes version of the trial. we had a chance to talk to brian foster, an attorney who has followed this case closely. the possibility of the jury deadlocked 8 to 4 in favor of the death penalty and why that happened. take a listen to what he believes is the reason why the jury didn't come back with death. >> the reason i think they didn't give her the death penalty is because jodi arias testified for so long and actually connected with some the jurors. in this situation, jody is not going to have the opportunity to testify for 18 days, making it much, much more likely that this jury is not going to have the type of sympathy or connection with jody that

the previous jury did. >> now, some people might believe this is a good thing. that is jodi arias will not be able to speak to reporters any longer. sheriff joe arpaio put out the rule he will no longer allow her to be put out for interviews. you may hear from her she may once again address the jury. >> she might work on power point presentation a bit. >> or the t-shirt. this is my life. here i am as a bouncing baby. all right. thanks very much. as we learned the president is now nominating the woman who played a key role in changing the benghazi talking points. well, she gets a promotion. we'll talk about that. victoria nuland in a -- moment. 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time.

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>> jamie: she may be on administrative leave, but all of us are still paying her 6-figure salary. the suspension of the official at the irs scandal doing little to quiet the controversy. so much more on that. welcome to it brand new hour of "america live" i'm jamie colby. >> gregg: i'm gregg jarrett we are in for megyn kelly today. lois lerner testify. now she is on paid, i emphasize that word paid leave. that's your buck. a day after she pleaded fifth, the fifth on capitol hill and we hear she actually refused requests from her superiors to

resign. mike emanuel is live in washington with more on this story. hi, mike. >> greg, good afternoon. that news will lois lerner refusing to resign came from iowa senator chuck grassley who says the irs owes it to taxpayers to resolve her situation quickly. daniel who has been charged with cleaning up the irs mess asked her to resign. when that didn't happen, he put her on leave and named an irs 27 year veteran to take over her responsibilities. lois lerner, the director of the tax division of the internal revenue service is believed to be a key figuring in the targeting of conservative groups. lawmakers say if she is not going to provide answers to the taxpayers, there have to be consequences. >> unfortunately she will still be receiving her paycheck. if you are going to plead the fifth amendment and you are not going to be part of a congressional investigation, you are not going to participate, i think suspension without pay, absolutely until we get to the bottom of this. >> in an effort to try to get to the bottom of this the house oversight committee is looking at recalling lerner to

testify. she pled the fifth but then gave an opening statement declaring she had done nothing wrong. the committee's top democrat says he doesn't think she waived her fifth amendment right and recalling her would likely be a waste of time. >> i really would have loved to have heard what she had to say i think her insight. so information she has might have very well been helpful to us in just learning all the facts whatever they may be. again in our country we have something called the constitution and we have to adhere to that constitution. >> it's been two weeks since lerner responding to planted question employees had improperly given to conservative groups. the irs was trying to get ahead of the inspector general's report which laid out the delays and improper questions put in the way of these organizations, gregg?

>> gregg: mike emanuel live in washington. thank you. the new controversy in the benghazi terror attack investigation as president obama announces plans to promote former state department spokeswoman victoria nuland. nuland has been accused by republicans of helping mislead the public about the attacks that killed four americans. chief washington correspondent james rosen is live in washington. hi, james. >> gregg, good afternoon, victoria nuland has been nominated to become assistant secretary of state for european and your asian fairs a post that requires senate confirmation. senate lawmakers have told me they will mount vigorous opposition to the career officer and former ambassador to nato who until litly had been universally well regarded in washington as a rising star in democratic and republican administrations. at issue will be nuland's newly described role in the editing of the benghazi talking points and comments about benghazi from the state department podium. here is an exchange that i

with nuland on monday, september 17, the day after ambassador rice delivering those talking points had maintained that benghazi was the result of a protest gone awry and not a terrorist attack. >> simply on the basis of what ambassador rice has publicly disdisclosed, does the united states government regard what happened in benghazi as an act of terror? >> again, i'm not going to put labels on this until we have a complete investigation. okay? >> so you don't regard it as an act of terrorism? >> i don't think we know enough. i don't think we know enough. >> when she made that statement, nuland had already been informed by the central intelligence agency, quote: we do know that islamic extremists with ties to al qaeda participated in the attack. a conclusion that nuland fought strenuously to remove from the talking points. quote: the line about knowing there were extremists among the demonstrators will come back to us at podium. how far do we know who they are, et cetera. she wrote his or her colleagues three days

before her exchange with me. 23 minutes later she wrote again to her colleagues to it say the early cia draft could be abused by members of congress to beat up the state department for not paying attention to warnings, why would we want to feed that either? concerned. nuland has also served as a foreign policy advisor to vice president cheney and her husband, bob kagan is one of the country's foremost conservative foreign policy intellectuals, gregg? >> gregg: james rosen live in washington. thanks very much. >> thank you. >> gregg: we're going to have a lot more on this because the white house chief of staff under president george w. bush andy card will be here. we are going to ask him whether he thinks victoria nuland is the best choice to assist an office that deals dire counter terror efforts overseas. >> jamie: well, there are some new and pretty stunning developments in a very fast moving investigation into that deadly terror attack in london. pictures were very difficult to fathom. british police have though arrested two more suspects and after this gruesome

hacking death of a british soldier on wednesday, right on a london street, and it raises the possibility at least that there might be a larger plot. at the same time, there is an outpouring of grief for lee rigby's family. as can you imagine his father giving this heart wrenching statement to the media. >> growing up was always to join the army which he succeeded in doing. he was dedicated and loved his job. lee adored and cared a lot for his family and he was very much a family man. looking out for his wife, his young son jack, and his younger sisters who in turn looked up to him. he always had with them but would never let any harm come to. they he was over the moon dad, and an uncle and he adored all his family. >> jamie: the government is investigating all the tyes between suspected killers

and terrorist group. both muslim men captured on cell phone video in those moments after the murder covered in blood. spouting islamic rhetoric, justifying their actions. simon marks the president and correspondent of feature story news. simon, thanks for joining us. >> you bet, jamie. >> it's so hard to even understand how this can happen on a london street. i want to ask you what it means for terrorism. and our war on terrorism right now. >> well, you know, i think first of all it's hard to overstate the impact of this on the british cycley. remember that london is no stranger to terrorist attacks there were the attacks of 7/7. 20 years of ira violence in the british capital. but london has not seen this kind of brutality meted out to a single individual in which the two suspects not only hacked a serving soldier to death, but then stood around for fully 15 minutes talking to local people in the community, giving that extraordinary interview to someone carrying a cell

phone before an armed response team arrived to take them into custody. to shoot them and then to take them into custody it was almost like a scene out of batman. i mean, the evil, crazy scenes that you see in the movies. and that is why it is really, i think, damaged the british psyche. the question, of course is was there a larger plot? where would were these people radicalizeside a very similar investigation in many ways to the investigation that's been taking place since the boston marathon bombing job and family. >> jamie: that's what i want to ask you about information these two suspects were known to authorities there. we have also learned that tamerlan tsarnaev at least was known to authorities here. and the question is do you think it's time to change the standard upon which we interrogate or at least engage these potential suspects, change the definition really of the propensity of somebody to commit a crime this tragic?

>> well, look, it's very complicated, isn't it? because we now know that these two individuals seemingly were on the radar screen of mi 5. at least one of them had participated in protests that had been held by a now banned islamist organization in the uk. an organization whose leaders had spoken of the hijackers on september the 11th, 2001 as the imagine any at this sent 19. and, yet, british intelligence and the government say they had seemingly broken no law until the moment they wandered through the streets on wednesday allegedly carrying meat cleefers and knives and chasing down a soldier who had served in afghanistan. so u it is very tough for the security services on either side of the atlantic to engage in more than surveillance when people actually haven't done anything wrong. it's a huge problem. >> jamie: no one has surveillance like london does. we have got to get answers. we have got to get tougher.

good to see you. >> gregg: a states department spokesperson who had a vital hand in revising the benghazi talking points, well, she is up for promotion. and some critics are now wondering if victoria nuland should really be considered for a larger role in our nation's foreign policy. i will be talking in just a moment with andy card. >> i look forward to spending a lot of time this weekend honoring our nation's war heros this memorial day. we turn our attention as well to the hundreds of thousands of veterans not receiving the benefits they earned fighting for our freedom. >> gregg: new questions about why the woman who many say should have been outright fired days ago still receiving a government signed paycheck. >> i have not done anything wrong. i have not broken any laws. i have not violated any irs rules and regulations and i have not provided false information to this or any other congressional committee. after very careful

consideration, i have decided to follow my counsel's advice and not testify or answer any of the questions today.

>> jamie: at this hour the runways are back open after a plane is forced to make an emergency landing at heathrow in london. this is the plane carrying 75 passengers and crew. and it caught fire shortly after takeoff. see the black smoke pouring out of one of the engines in the the plane is trying to climb. well, someone on board taking these pictures showing the flaps of the engine open, exposing inside. and well, we can tell you that the passengers safely evacuated that plane but three people were treated for minor injuries and then they had the temporary closure of europe's biggest airport causing major travel delays. it's not clear what caused the fire. the plane might have hit, we're told, a flock of birds. we have heard that one before.

>> lots of new questions today about president obama's decision to promote victoria nuland. she is the former state department spokeswoman who was proved by eternal emails to be heavily involved in revising the benghazi talking points saying she had concerns about an early version of them and asking that any references to it cia threat warnings in advance or a terror attack by al qaeda linked group that night be dropped all together. andy card joins us. he served as a white house chief of staff under president george w. bush, acting dean of the bush school. mr. card, a pleasure to speak with you. >> gregg, it's good to be with you. thank you for having me on. >> gregg: these emails show nuland played instrumental role in conjuring up what turned out to be phony talking points on benghazi. now she gets a promotion. one what s. s nd that being

rewarded in pivotal role in what a lot of folks think is a coverup. your thoughts? >> i know victoria nuland. she is career foreign officer. she served cheney. then ambassador to nato under george w. bush. she did outstanding job. she is very highly regarded. i'm very troubled by the whole benghazi challenge and what happened. i want to get to the bottom of it and i hope victoria nuland now she will have to appear before the senate at least the senate committee and foreign relations be considered for her new appointment. i hope she answers all of the questions. i hope the questions are appropriate, respectful and informative and i hope she gives good answers to the questions but ultimately, she is a career foreign service officer that i have a lot of respect for and i think she would do a good job in the new post. >> gregg: let me move on to the president's speech yesterday. he claimed that al qaeda

terror attacked itself. conveniently president does not understand the gravity of what happened that night in benghazi when our ambassador nature of the enemy that is out there. the enemy i would encourage read a book we call looming tower that actually was written by lawrence wright, which i think does an outstanding job of describing the nature of the challenge that the united states faces when it comes to the war on terror. maybe it won't be one person over in pakistan now wearing a hat al qaeda inspired relationships and

terrorist attacks are are terrorist threats to the united states and our national interest. and i want our president to take them seriously and i want him to recognize that the war on terror is not over and we have to be very vigilant in fighting this war on terror. we want to prevent attacks from happening, not just respond to attacks that are happening. >> gregg: let me expand on that and let me use if i may a new fox news poll. we will put it up on the screen. it finds that 56% of americans thinks that islamic terrorists now pose a greater threat today than right after 9/11. only 28% think there is less of a threat. and, yet, as you point out, mr. card, the president yesterday declared the global war on terror is over because he believes the threat can be managed. is that naive? is that a retreat by him or is he simply convinced that, look, bin laden is dead so it's all over? >> i think it may be naive. i don't think it recognizes

the reality of the nature of the threat. believe me, the enemies of the united states that have taken comfort in what al qaeda has done are celebrating that the united states seems to think this threat is over. no, the threat is not over. the war on terror is going to go on. and i hope that president obama will be the leader of the world in the war on terror appear to be saying that we don't have to pay attention to it it's not as bad as you think. tell that to the families who are victims of the terrorist acts. there are many, many victims. not just in the united states but all around the world. >> the president for the better part of two weeks resisted calling benghazi a terror attack to this very day. his administration refuses to call the terror attack at fort hood an act of terror. it's just, you know, work place shooting. do you see a common thread here? there is sort of a philosophy well, if we call it something else, then it won't be terror and i can

say now that as president, i ended the war in iraq, i wound down the war in afghanistan. and i won the war on terror. >> well, i want president obama to win all of the battles for the united states that we have thres to our national security. -- threats to our national security. i want him to be successful. i don't think he is right in offering wishful thinking as the best policy option. now, wishful thinking is not recognizing the reality of the threat to the united states and i think that we have -- have to be very vigilant. america, you know, it may not be able to love america, but i want people to respect america and i want them to fear america. if they don't do -- if the world doesn't do what is appropriate, i want them to think that there will be consequences and that america is paying attention. and the president of the united states should be leading that effort not saying wishful thinking will drive my policy. >> gregg: i want to show our viewers and you if you have a monitor a picture of

you whispering in the ear of the president that horrible day the moment he found out from you what had happened on 9/11. it's been a long time since then. how much longer of a battle will it be for america? >> well, i think it's going to be a very long battle. i think the nature of the enemy today is not bounded by geographic region or even bounded by a state. it's an effort that is really trying to undermine our system of government and our system of leadership and morality. and so i do think we have to be vigilant. i'm optimistic. i think that strong leadership from the united states will encourage other leaders in the world to be strong as they have to battle the war on terror. this is not a battle that is unique to the united states of america. this is any country that respects freedom. that respects humanity should be involved in the effort to rid the world of these terrorists ax.

that's why president bush said you are either with us or against us. stand with us. >> gregg: andy card, great to see you, thanks so much. >> thank you. >> gregg: we'll be right back. don't go away. st recommended b. my doctor. my gynecologist. my pharmacist. citracal. citracal. [ female announcer ] you trust your doctor. doctors trust citracal. ♪ 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 ♪

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america's beverage companies are delivering. helps him deposit his checks. jay also like it when mother nature helps him wash his car. mother nature's cool like that. citibank mobile check deposit. easier banking. standard at citibank. >> jamie: it's a really special honor this hold weekend. men and women who fight for our country's freedom. george w. bush invited wounded warrior mountain bike ride every year. dr. mike segal puts on his bike pants. is he live from crawford, texas. how are the riders holding up? >> jamie, this is the first year that the ride is here at the ranch. and it gives it a very personal quality. can i tell you they have

wrapped for the day. but this was by far the hardest and longest ride. president bush personally chose top 15 warriors for this. but he is actually reaching out to all warriors and all veterans across the country on memorial day. >> during my presidency and post presidency, i have tried to let the families of our troops know how much i admire them and respect them. one way to send that signal is to invite them here to our ranch. and ride mountain bikes with them. and so we have got handful of wounded vets with us here but it's really a signal to all vets that lauer and i love them and respect them. >> jamie, actually president bush at a dinner last night said that these veterans are not showing any pity. i interviewed one of the veterans who had lost his leg who does not even consider himself disabled. he just gets back to work, back to life. he uses the hand that he is dealt as president bush said.

jamie? >> jamie: literally. what does it mean for the veterans to ride? he is not only the former president but he their former commander and chief? >> that's a great point, jamie. the veterans, actually, he is like one of them. is he very approachable to them. he invites them to his home. he is having meals with them. is he joking with them. talking with them. he inspires them on a personal basis on a personal level like no other president has before. but the vets are also inspiring each other. they ever working together and they are a team. let's watch. >> it's always nice to be able to talk to people that are counting on the same thing you are. the same time frame and looking for answers for, you know, what ails us essentially. and so i mean there is that plus combat another bond. doesn't matter branch of service or whatever, you are all brothers in arms. >> jamie, imagine what it feels like on memorial day weekend to be honoring those that didn't survive and thinking you are one of

the ones who was lucky enough to survive but get back on that bike, ride up that hill, go off into the rest of your life it is such an inspiring experience. jamie? >> jamie: exactly. i was going to say so inspiring. can't wait to hear more when we see you back here sunday for sunday house call. dr. marc siegel who rode that ride thank you so much. right greg gregg? >> gregg: fantastic. former president doing that memorial day weekend is a time of course when america honors fallen heros and now the new effort not to forget the nearly 900,000 military men and women still waiting for benefits despite their service and what's being done to fix the backlog. >> jamie: plus, what should be done with lois lerner, she is the irs official who refused to answer congress' questions. still she remains on the government payroll. permanent leave, status quo? reinstatement? we are going to debate it fair and balanced. >> i have been advised by my counsel to assert my constitutional right not to testify or answer questions related to the subject

matter of this hearing. --er very cairful careful consideration i have decided to follow my counsel's advice and not testify or answer any of the questions today. 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 and metamucil that can take up to 3 days. for predictable relief try dulcolax.

a lot of people are asking what should be done with lois lerner, the head of the irs unit that we now learned targeted tea party groups. other conservative groups, even religious groups

apparently though she is not leaving without a fight. she was suspended with pay at a salary that comes in about $170,000 a year plus bonuses. after she reportedly refused requests from her bosses to step down she didn't testify either. julie former advisor to senator frank lawsuiten burg and tony, president of talk radio news service, both fox news contributors. hey, guys, great to see you. >> great to see you. >> jamie: tony, what's next? >> i hardly think we see moments of such consensus in washington? you have a tea party conservative like rand paul. you have a liberal senator like carl levin from michigan and maverick like john mccain all saying they have lost confidence in lois lerner. at the very least she should be suspended without pay. incompetence occurred under her watch and department who she was supposed to supervise. obviously allegations of potential criminality. that's going to be part of oh, an investigation shah

that she is no no longer part of because she pleaded the fifth. none the less, she should not be compensated by the american taxpayer for such gross mismanagement of her division in the irs. >> jamie: this is how it works though. this is the law, this is the protocol how it works. she is not the only one. it reminds me of the rubber rooms with teachers. >> that's right. tony is right. i don't have confidence in her certainly she presided over this division all accounts inappropriate does not describe what they did. the problem is that after watergate or maybe it's not the problem but the situation is that after watergate politicians have no control anymore over the bureaucracy of the irs. barack obama top two political guys. can't do anything about lois lerner, nobody can. unless you prove that she has some sort of gross mismanagement of her job. that's a process that needs to be proven and adjudicated. until that happens. there is really not much we can do about it we can all stomp our feet and wish she was gone. there is not much we can

do. >> jamie: tony, her supervisor asked for her resignation. >> she is not compelled to take it unfortunately. that's what we are in the midst of seeing. if she were somebody who had a degree of integrity or ethics she would resign or again is he very least agree not to take pay while there was an investigation or at the very least agree to be an active participant in these hearings. the government has the congress rather has this oversight role. now, she is saying i did nothing wrong. well then what are you hiding by invoking your fifth amendment privilege? unlike most sandals or controversies, it's not a matter did something wrong happen or what actually wrong happened. we know what happened and we know if it happened. we need to know why and how it happened. and she is preventing that from becoming part of the public record. >> i don't want to get too specific about the case because i really wondering what the impact is on the irs and really the administration because some people will tie the two together. but, julie, there is case law that provides that if

you first say you did nothing wrong, and then you later claim the fifth, you can't get it. >> well, you are the attorney so i am not going to it argue with you about case law. i have no standing to argue with you at all. >> tony will. >> tony may. >> i'm not concerned heater. >> tony is a lawyer want to be. i have conceded i'm not smart enough to go to law school. i will say this i don't fault somebody for taking their fifth amendment rights. it t. is a right. you do have a presumption of innocence. i'm certainly not taking lois lerner's side on this. from a larger scale. completely larger picture scenario here i'm not going-to-could you see of somebody taking their fifth amendment right because that's their constitutional right and she is allowed to do that and it's not for us to pre-judge her guilt based on her 50 amendment. >> jamie: at 170 k a year when it's been proven that you were part of a quote, unquote, tarring seems to be the word both sides of the aisle and most

americans would use in this case, $170,000 a year? that could feed a number of families, right? >> well, jamie, 100,000 employees are furloughed because of sequestration many in the irs. i'm sure we can work ms. lerner into that provision right now because she doesn't certainly deserve to have this compensation. we are talking about constitutional rights. sure, she could plead the fifth, she was spear heading the organization, the division in the irs that prevented the americans who wanted to actively participate in their democracy from exercising their own first amendment right. this is where it becomes a very complex case. if this happened, deliberately. we know political criteria was the only factor. these were all conservative tea party groups that were scrutinized by her division. but if politics somehow was the motivating factor and can be proven, she knows she is in trouble. that's why she is pleading the fifth. >> i do want to back up on one thing. nobody denies these people their rights in the sense that nobody denied them the ability to operate not one

group was ever denied by the irs their ability to operate as a a 01 c 4, which is not to say that what she did was wrong. >> they didn't approve their status. they didn't deny them but they didn't approve them. >> their status does not need to be approved. they can legally operate and the irrelevancy can only disprove their status. >> until the irs goes after them when it comes to file with them. >> larger picture, there was no excuse what they did. i will say just to that small point nobody was prevented from operating based on what she did. >> they weren't approved. >> she should not be there anymore. >> jamie: julie, i want to ask you real quick. you say she should go? >> no. >> tony? >> absolutely. >> jamie: apparently it's not that easy. >> no, sadly it's not. take care happy homered. >> jamie: have a great memorial day weekend. >> gregg: civil servants higher up they go in the hierarchy the more protections they should get. >> jamie: maybe we should take that test it.

greg. >> gregg: no thanks. honor the men and women honor ultimate sacrifice. there are still 900,000 veterans currently waiting for benefits despite their service. well, it's outrageous. we're going to take a look at the backlog and we are going to ask somebody who is involved in trying to fix it, what he thinks the problem is and how to remedy. >> jamie: all right, also, after that story, we also want to take the time to look at this. hey, you know, you order a drink at a bar, you think you are getting what you ordered? what you are paying for? there is some pretty sobering findings, it's a year long investigation, let me give you a hint, friday. >> gregg: tgi friday. ♪ [ femalannouncer ] from more efficient payments. ♪

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[ female announcer ] from meeting customer needs... to meeting patient needs... ♪ to wireless is mitless.s... >> jamie: there is new developments in the boston bombing marathon case. judge rescheduling a hearing for the surviving suspect dzhokhar tsarnaev. the probable cause hearing moved to july now. originally scheduled for next week. prosecutors and the defense attorneys are both asking to postpone it because they say they need more time to prepare. those bombings you will recall will were near the finish line of the boston marathon killed three people. injured more than 260. tsarnaev charged with carrying out the april 15th

attack with his brother who died in a shootout with police. >> gregg: this memorial day weekend we honor the men and women who died serving our country as we remember them. many of our nation's veterans are struggling with a battle here at home. it's a major backlog at the department of veterans affairs. veterans claims for benefits are buried. absolutely buried under a mountain of paperwork. and as the veterans affairs secretary orders his department to work extra hours to get it all done. latest figures show the bat log is currently at 873,680 with 584,380 of those claims pending for more than four months, 125 days. how can that be and how can this be fixed? pete joins us, the ceo of concerned why the backlog

and what kind of claims are we talking about here? >> you are exactly right. >> it's a national embarrassment. why the backlog? it's a calcified bureaucracy that's unaccountable. it's stuck in the 20th century pencil and paper age. most is done on paper. reviews take quite a long time. in the bureaucracy there is very little accountability whether is a process or claim is processed faster or slower isn't reflected in the pay an employee gets or whether they are hired or fired. that's why step down some point results have to matter. he hasn't fired anyone, and a lot of it is the deadwood the bureaucracy underneath that prevents reform. and we are saying at some point we have got to start getting at that so that we're customer service based as opposed to a straight bureaucracy. >> gregg: let me play a sound bite from general on his behalf. here is what he says.

>> we all agree that veterans wait too long to receive the benefits they have earned. this is not and has never been acceptable to v.a. or to veterans benefits administration where 52% of our workforce are veterans themselves. with the president's leadership and the support of the congress, we are aggressively executing a plan that we put together to fix this decades old problem. and eliminate the backlog as we have indicated in 2015 and by that i mean no claim being processed longer than 125 days and our quality of performance at 98% or better. we know much more needs to be done. >> gregg: i'm kind of laughing because that's just preposterous. so, in other words, veterans are going to have to wait for two years so that at that time they will only have to wait four months. i mean, that's ludicrous, isn't it? >> sure. gregg, this is not the first time we have heard

wait another year. so it's 2015 now. before it was 2012 and before it was 2010. we have heard promises from v.a. before. >> jenna: honorable man who has done incredible things in this country in uniform and out. at this point five years. any commander who has been at the helm five years and failed at the battlefield is going to get fired. i think as younger veterans come in and look at a system that is so stuck in bureaucracy, unable to reform itself, that's why we are up in arms about this doing everything we can, creating million vet backlog. we have got to fix. this the private sector has tools that teaches how to process complex claims in a timely and accurate way. why don't we learn from that quit making excuses and serve the veterans that diseesh it. >> gregg: they are try move to automated digital processing of claims. look, he started that about four years ago. right? it doesn't take that long. >> yeah.

>> gregg: to transition. we know that right? >> well, it doesn't have to take that long. again, that's where the bureaucracy that's unwilling to reform itself comes into play. we spent $500 million on a system to migrate claims. today 3% of those claims are done online. the remainder are on paper. if you can't even migrate claims to the digital age, it becomes that much more difficult to speed up a process. yourregg: so fire sen argument is to fire him and in fact you have a petition to do and this you have got some members of congress who want to do that. what else? other than firing him, then what? >> well, the secretary is right to point out this is not a problem exclusive to this administration. now, it has grown by 2,000% since 2009. they have gotten 40% more dollars since 2009. this is not a funding problem. i will tell what you it doesn't do. thrown more money at this problem for years and it hasn't gotten better.

real reform at the culture. holding employees every tier for performance. if you don't exceed you are fired. if you exceed merit pay. they have been getting merit pay as the backlog grows. not accountability. sis sim mick reform throughout the administration needs to happen. >> gregg: it will get better it's only grown worse. it's tragic for all of these veterans for whom we owe so much in our lives. pete, best of luck to you. let us now how it's going. we will do another segment on it hopefully something can be done. thank you. >> thanks for having me. >> jamie: hundreds of brave americans that returned home after being held as prisoners of war in vietnam. and in their honor, president nixon hosted a spectacular star-studded party, the likes of which the white house hasn't seen since. well, here we are 40 years later and they are all together again. we're going to take you to this year's celebration, much deserved recognition

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really a sucker for these. last night i was at a salute to freedom on the intrepid. we can't thank them enough. the richard nixon presidential library that memorial day weekend. hundreds of p.o.w.'s from vietnam for a star-studded party at the white house 40 years ago. it's time. william a live at the nixon library. so glad to hear this is happening. >> jamey, that was the largest dinner ever held at the white house. and we're looking at some 1300 people. in a few hours about 200 of

those p.o.w.s who were starved, beaten and bound in north vietnam will commemorate that dinner held in their honor by then president nixon may 24th, 1973. >> this is our 40th reunion of having this dinner at the white house and it's a big deal to us. 40 years of freedom. >> very emotional time. but i think it was really great. a healing thing for the nation. for us, a great welcome home. >> the former p.o.w.'s arrived yesterday from all corners of the united states with wives, children and grand cheated and greeted by a red carpet military band. it marked the end of an emotional chapter in history. tonight, they can share another moment together, remember those who did not make it and honor the president who recognized their sacrifice and did not forget them when others did.

>> we don't categorize ourselves as heroes. others put us there. it's humbling when someone puts you on that pedestal and gives you such respect. >> this is a replica of the east room. there will be a dinner here tonight. no john wayne or bob hope but a tribute from the secretary of defense, and henry kissenning anger and the last time we'll recognize these heroes who never lost faith or love of freedom because this is likely their last reunion together. >> incredible. they were treated far differently than the way we respond when we see our troops now at an airport or anyway place else. >> i agree. that's why it was a special night for them and for us. >> thrilled that you're there. if you see anybody who serves this weekend, say thank you you. >> thank you for your service. god bless you. >> always. we'll be right back.

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>> that's a classic. isn't it? dozens of new jersey bars caught switching expensive booze for the cheap stuff. state investigators says one place was mixing food dye with rubbing alcohol serving it as

scotch. no health issues reported. in all 29 bars cited. half of them franchises of the tgi friday's. >> have a great weekend. shep's next. >> the news begins anew. jurors would not break deadlock over whether jodi arias should live or die.ear from the jury foreman and speak live with a friend of the victim. frightening moments on a passenger plane when smoke poured from the engine after takeoff. a bridge collapse in washington state. you'll hear from a driver whose car plunged right into the water. that's all ahead unless breaking news changes everything on "studio b." first from fox at 3:00 in new york city. they were driving across the bridge when the roadway collapsed and drivers wound up in the middle of the river. it happened