martha: a lot has happened. lots going on today. bill: now we got radio. martha: we do. we'll talk to brian kilmeade. which is one of the best parts of our wednesday. we'll see you back here tomorrow. how's that? listen in coming up. jenna: now a fox news alert. at any moment attorney general eric holder will be speaking at an awards ceremony being hosted by the justice department's office of inspector general. the timing somewhat awkward as mr. holder faces fire on several fronts including his personal involvement in seeking e-mail and telephone records of news reporters. the house judiciary committee is investigating to find out if mr. holder misled congress during sworn testimony when he claimed to have no knowledge about the potential prosecution of journalists. now while there has been no prosecution of any journalists by this administration we now know there have been investigations into the

media led by the doj. just minutes ago we have some news. we received a letter sent by the committee chair asking the attorney general a series of questions about doj's dealings with the press and asked him to respond a week from today, next wednesday. we'll watch for that. we'll have more on this in just a few moments with judge andrew napolitano coming up here on "happening now.". but first right now, branew stog news. jon: the latest on a trio of scandals surrounding the white house. we're watching all of them. the benghazi attack, the irs targeting of conservative groups and the justice department snooping on journalists. plus an arizona mother of seven charged in mexico and jailed, claims are she was smuggling marijuana. her family is fighting to bring her home. the verdict in the case of a florida woman accused of murdering her boyfriend. it is all "happening now."

jon: and brand new on this wednesday morning, explosive evidence now showing higher-ups at the irs deeply involved in targeting conservative groups. it appears the abusive tactics are more pervasive and widespread than the obama administration has claimed to this point. good morning to you. i'm jon scott. jenna: great to have you with us today, i'm jenna lee. the latest revelations raise troubling new questions about the irs and whether the administration is using the powerful tax agency to intimidate political enemies. at first the irs claimed the scandal was limited to rogue agents in cincinnati, back in 2010 who were targeting groups using terms like tea party and patriot. well the head of the unit, lois lerner said she first found out about it a year after it began in 2011. she never said anything about the irs targeting conservative groups until three weeks ago when she planted a question at a conference.

she refused to last week testify before congress and now she is on paid leave. the scandal continues. doug mckelway is live in washington with more. douglas go back to the claim this all started with this case of low-level rogue agents all acting on their own. what do we know about that now. >> reporter: jenna, it is becoming more and more clear the rogue agents claim was completely bogus. we know this kind of targeting of conservative groups went on in irs offices around the country, not just in cincinnati. in addition, attorney jay sekulow whose law firm is representing several of the targeted conservative groups claims to have documentation that points to a much higher authority than low level staffers. >> this is extremely broad based and the whole timeline and the whole narrative that the white house has put forward here does not hold to the truth and i don't know what the department of the treasury, i don't know what irs, i don't know what the white house is thinking but, martha, we've got the documents because we've been in dialogue with the irs for a year and a half.

>> reporter: in addition to that, we know that the "propublica", the investigative journalism group published confidential irs filings on six conservative groups. somebody within the irs had to have sent them that. former chair of the council of economic advisors, austan goolsbee admitted in a conference call he divulged confidential irs information how koch industries is organized. he represents koch industries. >> we were concerned at a orchestrated campaign starting at the top of the white house to attack and disparage the koch family and their enterprises. >> reporter: olson adds for the government to send its tax agencies after organizations or people critical of government is very, very scary. jenna? jenna: one of the big questions is how high up does this go, doug? we're hearing that former irs commissioner douglas shulman, spent a lot of time at the white house.

is that common for the irs commissioner? do we know what was discussed? >> reporter: shulman testified before the government oversight committee that he visited the obama white house over 100 times during his tenure as irs chief but by contrast his predecessor, mark everson said he went there only a handful of times. he told the "washington examiner" in a recent interview, quote, in my experience, the service was always scrupulous in making sure it did not run afoul of any politics in any way or get involved in being partisan. everson even refused to go to the white house christmas party to avoid the appearance of impropriety. congressional investigators are going to want to know i should say more about shulman's visits and what he was up to when he was at the white house. jenna. jenna: i was an appointee of the bush administration and terms last five years on purpose to try to go beyond politics when an appointee will stay on. >> reporter: that's right. shulman i should add, donated money to the dnc in

2000 four, $250, a $500 a small amount but he was a dnc contributor. jenna: very interesting as we get the character, what happened, who are the people involved. doug, thank you for that. a story we'll watch and have more on. thank you. jon: that irs scandal remains very much on the front burner in washington and here at fox news. lawmakers are planning four separate investigations when they return next week to their session. this coming as new court documents show that the targeting practices went far beyond cincinnati. they point a finger at higher-ups in the irs. our next guest says this is how political tsunamies begin. one scandal in one office turns into a bigger scandal in a bunch of offices. charlie hirt a columnist for "the washington times." we were first led to believe, charlie, this was the work after few rogue agents in the cincinnati irs office but the documents seem to put a lie to that. >> i always thought they

chose the word of rogue agents political meaning rogue came to mean for a lot of tea party people who are big fans of sarah palin who named her book, after the, you know, being sort of a rogue agent within the gop. but indeed, i think this is the sort of thing that you can see snowball over the months and by, you know, august and september of next year, we could be looking at a lot of democrats in a lot of trouble because, if you step back and look at all the different scandals it is, they're all sort of related in some way because they're all sort of advancing this sort of politicization of areas of the government that have never been politicized before or should never be politicized. and you know, once that starts to sort of gain steam, it can get out of control very quickly and you think it is why a lot of democrats are very concerned about it, on the hill and they have

been, some of the toughest questioners of the irs people because i think, they are, they're desperate and they want to get ahead of it if they can. jon: just looking how this thing started with lois lerner attending this boring tax conference, you know, a bunch of lawyers sitting around in a room talking taxes and she plants a question with a friendly lawyer who, you know, asks her, essentially about the targeting of conservative groups. that's how it got out on, i believe it was a friday afternoon when, you know, news hits washington and then promptly dies. >> yeah. that's the favorite time to dump documents or any sort of bad news you've got. you do it on a friday. but this is beyond any sort of tactic, that i have ever seen in washington before where you planted, during, as you point out during a boring tax conference meeting. it's, just fantasy land. it is like, you know, the "wizard of oz" or something. and i really do believe that,

that, as this, as it kind of gains momentum you will see more ads like we saw out this morning from senate majority leader mitch mcconnell talking about the culture of intimidation. if you watch the ad, it is a web ad but, they really play up sort of the scary aspect of it all, about the sort of hidden hand that is sort of, that's sort of operating here and, and i think that, you know, something like that can really catch on. jon: yeah. not many americans like the irs, you know, let's face it but at least you're supposed to be able to believe that this agency, you know, is just as rough on democrats as it is on conservatives and libertarians and tea party members. >> yeah. and everybody feels on a personal level somewhat persecuted by the irs. i mean if you have to write a check or if you, if you see the amount of taxes that are taken out of your paycheck every week you feel somewhat at least a little

bit persecuted by the irs. and the moment you have something like this where there is absolute evidence that the irs targeted certain people based on politics, or based on their political beliefs, i don't know how that is not partisan but whatever, based on politics, it starts to fester and it starts to grow and maybe somebody can't put their finger on it but politically speaking it will move people in a way unlike most other issues. jon: and the way that developments have been coming to light in this scandal so far, it feels to me like there are a lot of other shoes left it drop here. charlie hirt in washington. charlie, thank you. >> thanks, jon. jenna: well, we're getting some brand new information now on the investigation into a pair of savage attacks on two young soldiers one in ending lan and one in france. greg palkot is live in london with the latest on this, greg? >> reporter: jenna, let's go to france first. there is break in the case of a stabbing of a french

soldier that happened in paris over the weekend. police have arrested a 21-year-old man in a suburb west of the city this morning. they say he is convert to islam and basically admitted to the act. they are calling that act a suspected terror attack. the man involved according to police clearly had the intent to kill when he spotted the soldier marching in a, patrolling in an urban area there. also seen on closed-circuit television saying a muslim prayer just minutes before the attack the french soldier lost a lot of blood in the attack but he survived. now the french officials also say the attack could have been inspired by the hacking death of the british soldier, lee rig bi, that happened here in london last week. police suspect two muslim men were behind that. one. main suspects we believe was interrogated for the first time today. he had been in a hospital and now he is in a london police station. the other key suspect remains hospitalized. these two made a move on the police at the crime scene.

police fired back. his family has come out with a statement saying in part there is no place for violence in the name of religion. finally, jenna, we've seen so much graphic, brutal video of this attack, but today police asked anybody, anyone in the public if they have anymore amateur video to hand it over to them to give them anymore eyewitness information. they want to get to the absolute bottom of this horrible, horrible attack. back to you. jenna: greg, thank you. jon: attorney general eric holder making his first public appearance this morning since facing allegations that he quote, lied to congress while under oath. the house judiciary committee vowing to investigate. so will this lead to his resignation? judge andrew napolitano joins us with his thoughts on that next. plus she faced up to 30 years behind bars in the shooting death of her boyfriend. she claims it was all an accident.

so what did the jury decide? >> we the jury find the defendant --.

bi. jenna: well, right now an american mother remains jailed in mexico, locked up for nearly a week now and accused of attempting, attempting to smuggle drugs. her husband says she's innocent and it is all just a ploy to get money from them. now he and their children are fighting to free her. heather nauert is live in our newsroom with more on this story. heather? >> reporter: good morning to you, jenna. this is quite a story, the mother right there, looks like she should be sitting in a pta meeting and not behind bars in a mexican jail. a married arizona mother of seven will have to spend another day locked up. she is accused of being a drug smuggler trying to sneak 12 pounds of pot from mexico into the united states last week. a devout mormon and a u.s. citizen, her name is yannira, maldonado.

she spent better part of yesterday in a mexican courtroom. despite the pleas of innocence, the judge decided to keep her in jail longer. listen to her brother-in-law. >> we're finding there so much red tape an bureaucracy in the mexican government just to get evidence that will prove innocence submitted to judge is a huge, huge, bureaucratic mess. >> here is what happened last week. she and her husband were on a bus and headed home to phoenix from an aunt's funeral in mexico when 90 miles south of the american border that bus was stopped by mexican officials. all the passengers were ordered off the bus while authorities searched it. they then claimed they found 12 pounds of pot strapped underneath her seat. more testimony is expect in the courtroom from arresting officers and her family. her husband gary telling fox he is optimistic saying quote, it is looking promising like our case looks solid and their case looks weak. it is worth reminding our viewers, they know this well, mexican authorities have a

history of corruption. it is not unheard of for american citizens to be framed in exchange for a payoff. that is exactly what that family is claiming. by friday, what you should know if she will be released or she will be processed into the prison system. we'll keep following this one, jenna. jenna: thanks, heather. her family is very concerned that their mother, their wife, is in the federal prison system and may never get her out. heather told us that is one of the options. maybe she is freed but maybe she goes through the system. our legal panel is here. in about 20 minutes they will take up the case and weigh in what potentially could happen to this american citizen. jon? jon: new questions this hour, jenna, following yesterday's announcement that the house judiciary committee is now investigating whether attorney general eric holder lied to congress while testifying under oath about his department's pursuit of journalists personal records. during a hearing on the matter earlier this month, mr. holder told lawmakers that he was never involved with or had any knowledge of what he called, the quote,

potential prosecution of the press for the disclosure of material. but only days later it emerged it was mr. holder himself who signed off on the very search warrant identifying our own correspondent james rosen as part of a criminal conspiracy to leak classified information. let's talk about it with judge andrew napolitano, a fox news senior judicial analyst. judge, welcome. >> jon, good morning. jon: there are four investigations underway. do you think eric holder is going to survive them? >> i don't think he will survive them to the extent he will remain in office as attorney general but i also don't think he will beosecuted . which of course as you know is not unprecedented. interestingly james rosen wrote a book, a biography of john mitchell, one of mr. holder's predecessors who was prosecuted for perjury, lying before congress and was convicted and went to federal prison for it. in this case i think he will be politically undermined as

members of the president's own party decide we don't want to have anything to do with this. whether he lied, told the truth or misled he clearly gave the impression he knew nothing about this. that was awful thing they did calling james a criminal when there was no basis to justify getting a search warrant for his private e-mails. democrats will wash their hand of it and the president's hand will be forced. >> look what eric holder said, may 15th, two weeks ago today. this is what he told congress. listen. >> with regard to the potential prosecution of the press for the disclosure of material that is not something that i've ever been involved in. jon: that is not something i've ever been involved with and yet we know that he personally signed off on the search warrant for james rosen's personal records going back to 2009. >> it is really strange that he would make a statement like that. i don't know if it was under oath but it doesn't matter because he has the same

legal obligation to tell the truth to a congressional committee whether they administer the oath to them or not and the penalty for failure to do so is the same. it is really weird that the attorney general would do that and then his own department of justice two weeks later leak to nbc news, well he really did know about it. in fact he personally signed off on it. then over the three-day memorial day long weekend the justice department that he runs would confirm, yes, attorney general holder did know about it and he takes his job seriously. now there's the inevitable question, were you telling the truth? how is it that you told this congressional committee that you knew nothing about it? did you forget? in which case your competence is to be questioned. did you lie or mislead? in which case you're not qualified to be attorney general. >> always good to have your take on this, judge of the i'm sure you will have on this many, many more times. >> i don't think this will be over tomorrow, jon. jon: judge andrew napolitano. thank you. jenna. jenna: a high school student

accused of the ploing to blow up his school is back in court today. the new developments just ahead.

jon: right now, new information on some crime stories we're following. an oregon high school student accused of plotting to blow up his school, quote, in a columbine-style attack, has been officially charged in that case. 17-year-old grant acord, whose bail has been set at $2 million, will be traded as an adult. a florida woman we've told you about charged in the shooting death of her boyfriend has been found not guilty. since the start of her trial 48-year-old caryn kelley has maintained her innocence, testifying that her boyfriend accidentally shot himself during a heated fight back in 2011 after he showed up at her house

unannounced. convicted murderer joran van der sloot is appealing to reduce his prison sentence. he is currently serving 28 years behind bars for the murder of a peruvian woman, stephany flores. he is engaged with a pregnant fiance says he wants to move on with his life. jenna: new fallout this morning involving the terror attack in benghazi where four americans were murdered. republican congressman darrell issa, the chairman of the house committee investigating attack, believes the state department is still withholding vital information and he has now issued subpoenas for 10 former and current state department officials e-mails and other communications involving the attack including former state department spokesperson victoria nuland. previously released e-mails shows she asked that references to al qaeda and ci aft warnings about threats to u.s. diplomats in libya be scrubbed from the so-called talking points on the benghazi attack.

john bolton, former u.s. ambassador to the u.n. and fox news contributor joins us now. ambassador, tries to you have you back on the program. >> great to be with you. jenna: i was trying to place sound in a conversation two weeks ago so unfortunately i was not able to do so i'm trying to do my best ambassador bolton impersonation and read back to you when i asked, what is the biggest question that remains about benghazi. and you said this. why do we have the consulate facility in benghazi at all, particularly one that was not up to security standards and why were repeated requests for security enhancements denied? you go on to say there, in the gist of it, that the reason why that's important is that the policy question. the policy question informs what happens after the attack which includes these talking points. so getting to the question at hand, do you think this latest move by this committee to ask for more information about the talking points informs us about the policy at hand that you think should be at focus, or is it somehow a

distraction away from a more substantial policy conversation? >> well, i think it could be a step in the direction of getting to the larger policy issues. i've seen the list of the 10 individuals who were subpoenaed. they certainly were all involved, not just in the talking points question but in what went before and during the attack on the consulate in benghazi as well. so i think this is the mark of what can could be a very extensive investigation and i think that's what's required. far more extensive than the accountability review board at the state department. far more extensive than the talking points. jenna: there has been a lot of criticism of the investigation. i don't need to tell you that. we'll be speaking with congressman langford on the committee coming up in half an hour. what specifically do you think lawmakers have to look for in these documents? because the criticism is that it is a fishing expedition, only fueled by politics? >> no, i don't think it is a fishing expedition at all.

having been on the receiving end of requests from congress for documents and e-mails and the rest of it. you know, i think this is a case of what is sauce for the goose depends on whose ox is being gored. the fact is a lot is being revealed in e mail that people may not be happily willing to testify to. so you need the basic documentation before you talk to these witnesses. and i think even though a list of 10 witnesses sounds like a lot i think this is really the just the beginning. you're still not at the point of talking to more of the people who were there on the night of september the 11th when the attack took place and they're not at the highest level of the department yet talking to former secretary clinton. there's a lot of work that needs to be done. this is not in my view anyway going to be a case where a smoking gun suddenly emerges. i think this will be much more like a long slog through a lot of documents and a lot of witnesses. jenna: while that is happening, what about the policy that you say, could

be one of the reasons why this terror attack happened and in part these americans lost their lives? so meantime while this investigation is happening, what about that policy, ambassador? do you see any changes to it? are we anymore well-informed in our decisions overseas? >> not at all. quite the contrary. i think the policy we heard from the president at his speech at the national defense university last thursday shows that this blindness toward the continuing threat of international terrorism, not only continues, our policies are getting worse in response to it. the president basically saying, the war on terror is over. i'm not going to be concerned about conducting it as a war anymore. it will be a law enforcement matter. we're going to wind it down as quickly as we can. this in the face of evidence in boston, in the streets of london and paris, rioting in stockholm sweden, that extremism and terrorism continues apace all over the

world. so i think we're very much at risk and i think this is going to continue until there's a realization that the terrorist threat remains, is expanding an continues to be a problem for us here in the united states. jenna: the french president came out this week and said he is very concerned about southern libya and what is happening with the arms moves by al qaeda through libya since qaddafi fell. we would love to have you back to talk more about that, broader picture. ambassador, great to have you as always. thank you. >> thanks very much. jenna. jenna: we'll talk to republican congressman james langford out of oklahoma who is on the committee that issued the subpoena. we'll ask him the same questions. what specifically does he want to know? what are the talking points or subpoenas for the talking points will really tell us? he will be up at the top of the hour to answer those questions. jon: the crisis in syria is spinning out of control. the u.n. human rights council is going into emergency session urging companies not to supply syria with weapons. we'll talk to general jack keane about the 2-year-old war and what if anything can

be done to bring the fighting to an end. also powerful tornadoes in kansas and the threat is not over. meteorologist maria molina with the latest.

jenna: well now to the fox weather alert. we're tracking the threat of some severe storms and get this, in parts of the country really already damaged by tornadoes. so not a great path for some these storms. meteorologist maria molina is with us and will tell us where the storms are going. >> hi, good to see you. you're absolutely right. we're talking about some areas that have already been hit hard by tornadoes not even within the past two weeks. talking about the town, moore, oklahoma, they were hit hard by the ef-5 with winds over 200 miles an hour, 210 miles per hour were the estimated wind speeds with the tornado. we had fatalities and injuries and damage still to be cleaned up in that area and we're looking for a threat of violent thunderstorms that could produce tornadoes that could long track, ef 3, ef-4 or ef-5 strength. it they could touch down today in parts of kansas, oklahoma and even parts of northern texas. all ingredients are coming together. we have the warm air ahead of our storm system and

humid mass coming out of the gulf of mexico. that will fire up storms. northeast you have a greater chance for parts of the planes. oklahoma city you're included. wichita falls in texas, you're included as well. as we head into thursday, slow moving storm system. ingredients are there. we could see more storms across parts of the midwest and the plains. by friday, look at this again, places like chicago, parts of iowa, parts of missouri could deal with severe storms. damaging winds and large hail and even flash flooding possible from the storms. remember, iowa over the weekend you saw extreme flooding in your state. some places picking up over a foot of rain and now we're talking more heavy rain and we actually have video. i'm not sure we have time but kansas yesterday was hit hard with tornadoeses. about 18 reported tornadoes. we're talking over 100, 200 reports of severe w well because of wind and hail. that threat is in place today. jon: some big ones in kansas last night. jenna: keeping you busy,

maria. thanks for joining us to take time out of the weather studio to come to see us. thanks very much. we'll turn to other news right now. a lot of new developments in the war in syria. we'll look at things that occurred over the last 48 hours. u.n. human rights council going into emergency session today debating a draft resolution. it calls for an immediate end to fighting around one strategic town in syria and condemns the intervention by foreign fighters particularly the terrorist group hezbollah. and their support for president assad. the resolution also seeks more aid access and protections for civilians and in the meantime, russia is denouncing the resolution and says it undermines peace efforts. russia and the united states are at work on holding a peace conference in geneva next month. the syrian opposition the so-called rebels have yet to decide if they're going to attend insisting president assad must relinquish his power before they will even talk peace. this is happening after a visit by senator john mccain

on monday. he met with so-called rebel leaders. senator mccain repeatedly called for intervention in this two-year war which killed more than 70,000 people. so far the obama administration has kept its distance. general jack keane writing in "the wall street journal" just recently that the syrian people are not asking us to fight for them. they're asking us to help them fight for themselves. the question for president barack obama is not our capacity to join that fight. it is the will. and now we're joined by general jack keane. general keen with everything that happened over the last few days, do you think our will maybe is shifting? >> oh, i'm not sure, jenna. i got the general feeling that the administration does not want to get involved in syria just as they pulled so rapidly out of iraq and they're trying to get out of afghanistan. they don't want any involvement in the middle east and they have been disingauging. i think very reluctantly they are trying to avoid any conflict in syria.

they do lack will in my judgment. jenna: what changes that? what is the effect of that? >> the effect of that is now we're seeing, and this is why the u.n. is so spun up, don't hold our breath here in terms of anything of consequence coming out of that resolution but the fact is for the first time we are now seeing what analysts have predicted would be likely and that is, a regional spillover war. so what we have is the hezbollah, who have been there for some time, propping up the assad regime. these are experienced fighters who have gone against the israelis and handed them a military set back in 2006 but the rebels are furious about this. they are now rocketing and mortaring bases and communities in lebanon and they have also reached into beirut. that is the danger we always said. the longer you leave assad in power, the more dangerous he becomes in terms of not just a war inside syria but in fact a regional war. jenna: we heard the president is asking the pentagon for contingency

plans on a no-fly zone in the article that you coauthored in "the wall street journal", you had a bit of a different plan. tell our viewers if you would, general keane, what are you suggesting we should do? >> i think two things we should do. give rebels the air defense system the stinger missiles that the cia have vetted. there are groups they have confidence in that could handle the weapons and not fall into the hands of the radicals. not that there wouldn't be some risk, there would be. secretary clinton recommended that and director petraeus a couple months ago. that is step one. that in of itself is not desigh sieve now because time is so late and time is on the side of assad. what you have to do is military equation that favors assad is the air power. you have to get it out of the skies. you don't initially have to go as far as a no-fly zone. should down his airfields, shut down his infrastructure and shut down his airplanes. you can use cruise missiles, b 2 stealth bombers and

minimal risk and syrian defense system would have relatively have no impact on that. that is a game-changer to the rebels. jenna: interesting about your plan hearing that a few days ago. we have news this week russia says they will give assad anti-aircraft missiles to defend against any sort of western intervention reading between the lines there. what does that mean to you, someone advocating this plan, missile strikes on targeted areas? what if assad has these anti-aircraft missiles? what happens if he has those defenses? >> well, that is a great question, jenna. he already has a december air defense system. these are the s-300s, they have a 200 kilometer range and they're mobile systems. that is the concern that we would have. listen, we have the capability to take those systems out. we would use the same cruise missiles, the same 3-2 bombers to do that. it would take longer to do that to be sure but something the united states military can handle and well within our capability. >> we like to bring in new

ideas for something we've been covering for the last two years, general keane wondering when this ends and what is the bigger picture? we always appreciate your insights helping us do that. great to have you on the program. >> always good talking to you, jenna. jenna: thank you. jon: an arizona woman thrown into a mexican jail after authorities say they found marijuana under her seat on a bus. this mother of seven is now fighting to go free. what are her chances? a trio of scandals surrounding the white house. we'll take a look at the impact all three are having on lawmakers from both sides of the aisle. [ male announcer ] erica had a rough day. there was this and this. she got a parking ticket... ♪ and she forgot to pay her credit card bill on time. good thing she's got the citi simplicity card. it doesn't charge late fees or a penalty rate. ever. as in never ever. now about that parking ticket. [ grunting ]

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jon: right now congress is in recess. its members back in their districts and home states, while the white house is still surrounded by a string of scandals. there is the controversy about the terror attack in benghazi that killed four americans. the recent revelations that the irs targeted conservative groups, and the justice department's pursuit of journalists personal records. democrats becoming increasingly worried about the fallout and republicans are trying not to overplay whatever hand they might have. chief political correspondent carl cameron live in washington now. carl, i guess lawmakers are back in their home states this week. so how are the two parties addressing the scandals?. >> reporter: well, republican leaders told members before they went home that they are going to aggressively pursue investigations and get to the bottom of all these scandals but that while they

talk to voters it is important that republicans check their rhetoric, stick to the facts and tone down some of the hyperbole and avoid the use of words like impeachment lest it backfire and turn off voters. having said that, the no doubt the republicans see opportunity to make a lot of political hay with these scandals. watch. >> the targeted conservative groups. that is something very offensive to all americans and especially folks in our party. so it's a unified the base, but i also think it has a chilling effect on democratic recruitment. now people that are out there considering running for congress or senate as democrats are not only looking at the challenge of winning, but they're seeing that you've got a scanda scandal-plagued white house which has an effect on all democrats across the country. >> reporter: both parties are obviously looking forward to next year's midterms and primary season for that. even before the scandals broke over irs targeting conservatives and the justice department spying on reporters and suggest they

were criminals democrats were beginning to worry about their party. just last month a former clinton administration official in the '90s put out a 12-page memo to business leaders in politico, obama may leave the democratic party quote in decline and it noted since he took office the democratic party has lost 56 house seats, two senate seats and nine governorships just since mr. obama has been in office. jon? jon: what about the democrats, how are they handling all this fallout? >> a lot have denounced irs. some objected to spying on reporters and some cases they said benghazi was mishandled. most are arguing that the right is hyping partisan conspiracy theories going too far. the gop wants to avoid that. they recognize there is opportunity here but they can't overplay it, jon. jon: carl cameron in washington. thank you, carl. jenna: the family of an arizona mother facing serious drug charges in mexico insists she did nothing wrong but what can they do? what is their next move? our legal panel weighs in just ahead

jon: an arizona mother of seven jailed in mexico now is back in court today. yannira maldonado arrested a week ago. she was accused of smuggling 12 pounds marijuana from mexico into the u.s. or at least attempting to do so. her family says this is all one big mistake and she is innocent. a mexican judge is expected to decide by this friday whether or not to dismiss the charges against her, or move forward with a trial. let's turn to our legal panel. faith jenkins, a former prosecutor. esther panitche is a criminal defense attorney. faith, reading what happened here, the evidence, i mean from a prosecution standpoint in this country, the evidence against her seems mighty thin. she is on a bus with her husband headed back into the united states.

the mexican police stop the bus. order everybody off. they go on board and then they come off and say, oh, we found 12 pounds of marijuana under your bus seat. you must be guilty. >> if those facts happened in the u.s. jon, she would never be arrested because we don't have presumption in the u.s. where if drugs are found in the vicinity of someone with a person who is closest to those drugs is automatically attributed to them. so it wouldn't happen here. and so, yes, i agree with you, the evidence is very thin. however for whatever reason they have chosen to arrest her. her family did the right thing they contacted the state department in mexico. but the only thing they can do is help provider had with a list of attorneys. they can't get involved in the due process system. so it is really up to the lawyers in mexico and the judge in deciding how to proceed with this case. it is simply outrageous to keep this woman locked up in mexico while they're investigating these ridiculous charges. jon: you're getting nods of agreement from esther. esther, how does she defend herself on this?

>> well it's a great day when a prosecutor agrees with a defense attorney. this is a tragic situation and it is one of these but for the grace of go i. anybody who has been a tourist in a foreign country who has ridden public transportation or even private commercial transportation is at risk for something like this. it is, up to the mexican authorities and our, delegation to work with them to put pressure on them to fully investigate this case immediately. to not keep this innocent women in jail for a minute longer than it takes to release her. this is a tragedy and a travesty. this woman should never have been detained. in this counry there are times when you're sitting in a car and you have dominion or control you will get arrested for drugs that may be in your possession but under a seat? she has no dominion or control over this on a bus. >> right. i agree. she needs to be released immediately. and, whatever pressure needs to be put on needs to be put

on because unfortunately i heard rumors that there werece e that they would have accepted a bribe. jon: yeah, her family says they were told if you pay off the judge this will all go away. they offered $5,000, fairly common in mexico, but it was refused. faith? >> it's a nightmare. >> so her family is doing the right thing by going to the media because that is what you have to do in a case like this, when your hands are tied, you're in another country, this is place where you don't want to get arrested because the criminal justice system is very different. jon: we'll keep an eye on this case and let our viewers know what happens. esther panitche, faith jenkins, thank you both. we'll be right the great outdoors...

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jon: this hour attorney general eric holder under fire with new concerns about perjury, and now growing calls for him to step down coming from both republicans and democrats. the train derailment that sparked a massive exmotion just outside baltimore, what investigators are now learning about the cause of that accident. accusations of bad behavior against the biebs, and do you know about the famous neighbor who ratted him out? we have the low down. there are brand-new controversies swirling around eric holder the attorney general in the justice department's

snooping scandal. hello i'm jon scott. jenna: i guess we'll turn from the low down from that. from justin bieber to some bigger topic. welcome 0 to the hebgd hour of "happeninseconds hour of "happening now." the committee investigates whether the attorney general lied under oath on may 15th. why are they asking this question? take a listen to what he said back then. >> with regard to the potential prosecution of the press for the disclosure of material, that is not something that i have before been involved of, heard of or think would be a wise policy. my view is quite the opposite. jenna: just days later we learned that holder personally approved a search warrant for fox news correspondent james rosen. now "the washington post" reports that the attorney general even felt remorse over the case. shannon breamess live with more on this top story. >> reporter: there is growing pressure on the attorney general

to provide an explanation of what some say are contradictory statements. in a letter to holder congressman bob good latch writes this quote it is clear now that you were aware that the department was engaged in a criminal investigation of a member of the media as far back as 2010. this fact contradicts your testimony before the committee in which you stated clearly that with regard to potential prosecution of the press for the disclosure of material that is not something that i have ever been involved in, heard of or would think would be a wise policy. wisconsin republican jim sensenbrenner is co-author of the letter. >> it may lead to another contempt citation, it may lead to mr. holder coming back and retestifying, and given a chance to clarify the record. the fact is is that he is behind the eight ball. he is the one that caused this problem, nobody else did, and he's the one that is going to have to fix it up. and if he won't tickets it up the president should fire him.

>> reporter: the committee's top democrat congressman john conyers has a different view. he says i believe attorney general holder who answered questions posed to him for four hours with us forthright and did not mislead the commit tea. there is no need to turn it into allegation -gs of misconduct. the attorney general will meet with key washington bureau chefs for the major national news organizations over the next couple of days as part of an internal review of the department's policies. jenna. jenna: more on this story ahead, shannon, thank you. jon: the ahh calls are growing for attorney general eric holder to go. he is a hold over from the president's first term but now lawmakers on both sides of the aisle are saying it's time to make a change. >> it seems to me clear that the actions of the department have in fact impaired the first amendment.

reporters who might have previously believed that a confidential source would speak to them would no longer have that level of confidence. jon: selfproceed khaeupld liberal professor, law professor jonathan turl erbg y weighing in on mr. held der and his aeu experience at the hearing looking into the snooping scandal. despite his record he expressed surprise at the hearing that the head of the republican national committee had called for his resignation he writes. holder pointed out he did nothing, that is of course precisely the point, unlike the head of the rnc i am neither a republican for a conservative and i believe holder should be fired. joining us now chris kaffinas the former chief of staff to senator joe manchin. matt slapp with us white house political director under tkpoerpblg w. bush. chris to you first, no surprise that republicans are having a problem with eric holder's

comportment in this case, but what about the democrats? >> i mean i think there are many democrats that are very disturbed by the attorney general, the justice department's investigation of reporters. i don't think this is necessarily a partisan issue i think it raises some serious questions and concerns that, you know, that holder is going to have to i think try to explain when he sits down with those media executives and bureau chiefs i think that will be a real critical meetings, those meetings ahead when he meets with the media officials, how does he explain what the defendant did and how does he explain what the department is going to do going forward. jon: what about the republican side, matt? are there going to be more calls? i mean is there going to be sort of a united republican call for eric holder to step down? >> i suppose, but, you know, jon that is not really what they should be focusing on. what they should be focusing on especially congressional republicans is getting the answers for the american people,

that's their constitutional role. i think when republicans in congress call for a special prosecutor, or ask for eric holder to resign it really takes the heat off the president and the obama administration. we have seen a growth arrogance of power both at the i.r.s. and now at the department of justice. by the way doj is called the robert f. kennedy building, i think they need to rename it the herbert hoover building, because of the gross over reach of the federal government in the past. jon: one of the questions, chris, it almost gets into what the meaning of the word is, is, in that testimony before congress on may 15th, in that clip we have played in the earlier hours, eric holder says with regard to potential prosecution of the press, and then goes onto say, that's not something i've been involved with. well, in a way if th-s reth that's the qualifier he has, because there hasn't been a prosecution of the press to this

point, there have been investigations of the press. is this another case of what the meaning of the word is is? >> i think that if you fixate on the word potential, it's probably the wrong focus. i would hope, and i know this is naive because i know the republicans as matt proved are trying to make this into something bigger and make it clearly overtly political, i would hope at least on some issues we can be bi-partisan in that sense of protect being the first amendment, protecting reporters' rights to investigate and protect the sources. i think the concern here i have personally is, you know, is setting some clear rules. and i think where attorney general holder i think has to come out probably in the coming weeks and define and clarify not what he said in the testimony which i think you could parse the words and make it into a bigger deal than it is, but actually char tpaoeu what is t clarify. what is the department's rules when it comes to reporters and

the first amendment. that has to be addressed sooner rather than later. jon: you just said that democrats and republicans are upset about this. if the republicans are angry about it why is it just political? >> i don't think it's a question of necessarily it being political overtly, when you start talking about abuse of power automatically -- with all due respect, man the bush administration wasn't like the march a gone of virtue. >> don't do this. you can't say that it's fair -- you can't say we need to be bi-partisan and immediately change the subject to the much tortured bush administration that was subject to investigation after investigation. let's look at this investigation and what they've done wrong. >> i understand that. you guys did everything right and my point is. >> no. >> we need to find out what the truth is. and if people broke the law or people went beyond the scope they should be held accountable. >> that is true. >> i believe that is true for attorney general holder or anyone in any administration. >> john, let's be clear here, what the attorney general did is approve a document that went to a judge that accused a fox news reporter of being part of a

conspiracy to espionage, that is disgusting. i think we -- >> matt, i'm not sure that anyone disagrees with you. >> i believe that is wrong. everyone agrees with that. jon: we have to leave it there. again the arguing will go on. thank you both. >> thank you. jenna: this fox news alert, investigators are in maryland right now locking into this train derailment just outside the city of baltimore that triggered a massive explosion like the one you just saw on your screen. the train was carrying hazardous chemicals when it slammed into a garbage truck. the blast sent this blast through homes nearly a mile away and flames 50 feet into the air. take a listen to this. >> you could feel the heat coming off of the flame, and we were standing there looking at the loading dock, all of a sudden when it went it knocked me down and my two other coworkers just pushed you the back when we fell down. after the explosion happened there was a real loud hissing noise. we thought it was another tank

or something, that's when everybody started running out to get away from the back of the building. jenna: david lee miller is live with the latest on this. >> reporter: this was a train wreck that could have been deadly, but wasn't. authorities say the only serious injury was to the driver of that garbage truck that collided with the train yesterday afternoon in rose dale, maryland, the 45-car train opted by csx was carrying mixed freight. during the incident 15 of the train cars derailed and at least two cars containing chemicals caught fire and exploded. as you just saw the scene was captured by amateur video. >> woe! >> reporter: authorities say the smoke was not toxic and there were no mandatory evacuations. the fire, which burned for more than eight hours is now finally out. authorities say they had to cool the cars with water before suffocating that fire with foam. >> those types of things you have to really sit down and look

at all the different perspectives. when you start mixing chemicals that shouldn't be mixed together, those chemicals get mixed with water, with soil, anything can cause a reaction. >> reporter: one of the cars that derailed contained sodium clorate a substance clas classified by the u.s. transportation department as a hazardous material. fortunate here that car was not involved in the fire. as for the cause of this the truck crossed the railroad track at a 90-degree angle. investigators say there was a stop sign there but no bells, no lights to warn of an oncoming train. authorities should know more about the crash after they complai examine data that will refeel the train's speed and video mounted o on the front of the train that will give a bird's-eye view of the collision as it took place. jenna: david lee, thank you. jon: lawmakers are trying to get to the bottom of the benghazi controversy, going after now key state department documents from

the days following the deadly terror attack. a member of the house committee leading the investigation joins us live moments from now. and the federal government wants you, it wants to offer you a job, hundreds of them are available. what about the sequester cuts, all that mandatory belt-tightening? you have to hear this one to believe it. i'm in my work van, having lunch,

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or get the internet only offer of just $4.95 and save $15. go to obamacare911.com to claim your copy now. jenna: we may soon learn what was going on behind the scenes apartment the state department in the days after the attack on the american consulate in benghazi. that terror attack where four americans were murdered, including ambassador christopher stevens. the house oversight and government reform committee, the chairman of that committee, darrell issa is issuing subpoenas for emails and other communications from key state department officials who helped shape the administration's talking points after the attack. in a letter to secretary of

state john kerry chairman issa accused the department of withholding documents on the scandal. joining us now oklahoma congressman james langford a member of the house oversight and government committee joining us live from oklahoma. nice to have you with us. >> thank you. jenna: let's just jump in. the state department says they've given thousands of documents, you have critics coming out saying that the house g.o.p. is on some sort of fishing expedition, that you don't really know specifically what you're looking for. tell us what you are looking for, congressman, and what specifically are you looking for in these pages? >> the largest issue is how do we prevent this from happening again and how do we put processes in place to prevent this. this specific set of subpoenas deals with some of the talking points. victoria newland in some of her documents said the people in her building didn't want some of these talking points, wanted to make some changes to things. then all the documents that were dumped by the administration don't actually references all the people in her building up the food chain from her. they dumped a bunch of documents

that were not relevant to what everyone was looking for. this is no different than a normal legal proceeding when you say we need the documents and they send over the documents that help them but not the documents that give the full story. we want to give the full story, all we really want is the facts to come out. let the facts speak for themselves and move on and get this resolved. jenna: they have until next friday to turn over the documents. walk us through a few scenarios. what happens if they don't? >> we have eric holder under contempt of congress right now because two years ago this same committee requested all the documents on fast and furious, they did their own internal investigation, they gathered all the documents that they needed to investigate themselves, and then they won't turn the documents over related to fast and furious to our committee. that is not appropriate, that is not legal. our committee has oversight over their agency they have to turn it over. this is the exact same thing again where the administration has done tear own internal investigation. they say we've gathered all the documents, we will give you the documents we want, we don't give

the documents we don't want you to have. they need to turn everything over. the administration is making the harder dragging it out month boy month and trickling the documents out, they keep the story going. if they get this resolved we could move onto the other issues at hand if they would turn over the documents that are relevant. jenna: you mentioned holding the attorney general in contempt. would you consider doing the same for top officials including the secretary of state if they indeed do not turn over the documents? >> right now we've just subpoenaed the documents. we assume they are going to turn the documents over. we'll keep moving from there. we've asked for the documents, they haven't turned them over, we are now subpoenaing the documents, we exexpect them to pus turn it over. in 1998 when the bombings occurred in kenya and tapbz the state department put in specific criteria to say here is how we protect our foreign dig in a nare reese on the field. those criteria were not fulfilled in benghazi or in tripoli. the facility in benghazi or tripoli didn't meet the

standards we were to learn from from 1998. if we don't learn all the facts and get everything done we will repeat the cycle all over again. we have to get the facts on the table. jenna table. jenna: you're talking about accountability. we had exclusive reporting that the white house, the government knows who murdered our people in benghazi but for some reason is not going after them. based on not wanting to repeat this again, and trying to do the best to prevent any sort of -- any sort of attack that even resembles this remotely, how do you think this next step by your committee is actually helping to bring those very individuals to justice? >> right, well the accountability review board was supposed to bring some of those things in a very limited scope, that if you selected questions given to them, they help pursue those questions but not the bigger picture. here are the basic things that we know at this point. we know the facilities didn't meet the minimum standard for security set in 1988 and 19989

in benghazi or tripoli either facility. they had asked to keep the level of security they had but that was taken away from them. they couldn't even keep what they had. it's not a matter of adding more. coach what they have. they were told no. there was no military con sin gent see plan to come in and protect them at the time that they asked them. we have a great deal to learn and that includes the communication behind the scenes of what they were trying to do to be able to resolve this and to be able to respond. in the days leading up to it, what happened during it and immediately afterwards. all of those things are very important for us to be able to learn the lesson and put things into practice. we have great people serving all over the world, they are serving the united states and representing us well. we owe them and their families the most basic thing, the appropriate level of security for the position that they are in. that was not done in this case in libya. it needs thob done for al to be done for all of our other

percent tpherl. jenna: w personnel. jenna: we'd like to follow-up with you. we appreciate you joining us while you're in your home state and look forward to talking to you in washington. thank you. >> thank you. jon: the pop star justin bieber usually gets chased by a crowd of shrieking teenage or preteen able girls. now did you hear how he got chased by a former nfl star? we have your celebrity 411. the special reunion between a man who became a symbol of hope during the boston marathon terror attack and the guy in the cowboy hat that saved his life. you do not want to miss this. ♪ ♪

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budget cuts supposed to inflict terrible pain upon the federal government workforce. the feds appear to be hanging out the help wanted signs big time posting a whooping 27,000 job option, some of them with a really fat paycheck. the median salary for the option tops out at $76 $7,676,000 a year. the defense department is recruiting dozens and dozens of bar tepd tkers and waiter. if they work full time they could earn more than 3.4 million a year. remember, the furloughs for the air traffic controllers,s tsa is hiring as well looking for quality assurance and logistic management workers who would earn more than $137,000 a year each. all this new hiring comes on top of the money the federal government already shells out for members of congress who can earn more than $200,000 a year, that does not even include their perks like free parking at the

airports near the capitol. thousands of dollars in tax deductions, and car lease allowances. joining us now to talk about all this steve moore the senior economics writer for the "wall street journal." so as an economics writer, steve in a time of sequester does this make any sense at all? >> well, you know, jon we all thought that the federal government was actually laying off workers and now what we're finding out with the new report is they are hiring people. the federal government is not shrinking it's actually continuing to grow, and when you've got 27,000 jobs that have to be filled -- and by the way, look, with a 2 to 3 million person workforce the federal government will have natural turn over and have to fill some positions, jon, but some of those jobs that we're talking about as you said, bartenders, i saw one for a golf i structure, i saw one for running bowling alleys. i don't think those sound too essential and urgent to me at a time when the federal government

is laying off air traffic controllers and other essential people. i think there is something wrong with this picture. jon: i've got a son in the army i want our army to have the best equipment there is, but one of the jobs they are looking nor is some kind of a recreation supervisor in hawaii for $110,000 plus a 12% cost of living adjustment to oversee recreational facilities. >> yeah, how do i get that job? that sound pretty good to me to live in hawaii. i think people are angry about this report. what it's showing is this is supposed to be lean times for government, a lot of theee sings althings we care about, people who were left at airports because we didn't have enough air traffic controllers, remember we had the big story that fox covered about they couldn't do the white house tours, those kinds of things -- by the way they talking about shutting down yosemite and yellow stone park this summer because they will not have enough people yet they are hiring people for the none essential activities.

jon: janet napolitano the homeland security secretary was telling us we would have terrible lines at the airport because of furloughs of tsa screeners. they are hiring apparently 436 more of them. >> yeah, and you know what is interesting, jon, i've done some investigating here myself and what i've found is that some of the agencies like the department of education, the department of agriculture are not furloughing anyone. and so what is interesting to me is what it looks like is the white house is doing the furloughs of the most essential people, so you feel the most pain as the consumer of government rather than the people who are expendable. i don't see the logic in that. jon: in private industry there would be something called a hiring freeze and frankly there are hiring freezes in industries and companies all across this country but aeu partisan lee not the federal government. >> because the federal government cannot prioritize, it can't cut the nonessential things. they cut the essential things. the reason they do that is

people run to congress and say stop the cuts, stop the cuts we need the essential services. the american people know there is a lot of waste in government and it's reports like that this point it out to people. jon: the government doesn't seem to know how to run itselfas a business. steve moore always good to talk to you. thank you. >> thank you, jon. jenna: one of the most out sproebg even conservative voices in congress making a big announcement what is ahead for congresswoman michelle bachmann coming up next. [ female announcer ] doctors trust calcium plus vitamin d to support strong bones. and the brand most recommended by... my doctor. my gynecologist. my pharmacist. citracal. citracal. [ female announcer ] you trust your doctor. doctors trust citracal. and i'm here to tell homeowners

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jon: "happening now", a familiar face won't be around in next congress. minnesota congresswoman michele bachmann is bowing out. the tea party favorite saying she will not run for another term in the house. chief congressional correspondent mike emanuel with that. mike? >> reporter: on the timing is interesting. dropping a video to support erstwhile on a congressional delegation trip overseas. in her departure announcement congresswoman michele bachmann says eight years is long enough to serve a congressional district and maintained a tough re-election fight against democrat jim graves is not why she's leaving. >> be assured my decision was in the in any way influenced about any concerns about my being reelected to congress. i've always in the past defeated candidates who are capable, qualified and well-funded. and i have every confidence that if i ran, i would again defeat the individual who i defeated last year, who recently announced that he is once again running. >> reporter: bachmann also ran for president in 2012 and her campaign is faced

some scrutiny after a former aide filed a complaint with the federal election commission. that includes an allegation bachmann made improper payments to a state senator who chaired her campaign in iowa. here's how she handled those questions. >> clearly it looks like it is politically motivate and and they're not true and i'm working very closely with the people involved to make sure we answer all the questions and we get to the bottom of it and i'm thoroughly convince i will be cleared. >> the democratic congressional campaign committee charged with electing democrats to the house, bachmann gone and this republican congressman will turn off americans of all political stripes because they're using the bachmann playbook, put politics before solutions. republican sources note her district in minnesota is not easy to win. she will likely make a lot of money after politics. jon? jon: mike emanuel in washington, thanks. jenna: well, "happening now", a showdown worthy of the wild, wild west. los angeles. justin bieber may have met

his match and then some when he apparently set off a much bigger celebrity, literally. this would be the former nfl star, now espn analyst keyshawn johnson. there he is. julie banderas with the "fox 411." what happened here? >> reporter: bieber's bad behavior is not only annoying it could earn criminal charges. the l.a. county district attorney will soon be decided whether to prosecute bieber for misdemeanor reckless driving. one famous neighbor told a local television station he was driving at least 90 miles per hour over the weekend and, that's not all. listen. >> while this alleged incident was occurring, there was a young child that was playing in the area and, so we take this obviously very seriously. this is unacceptable behavior for anybody anywhere to be engaged in. >> reporter: that child's father is former nfl player keyshawn johnson who says he followed bieber in his, get

this, prius he drives a prius. that is not really the story. while bieber refused to talk to cops, johnson confronted pop star in bieber's garage and bieber told him it was one of his buddies driving the car. they switched seats. johnson was furious. he didn't buy bieber's story. i'm 6'4", 240. he is 5'10", 1550, whatever. looked at me rand into his house like a wet puppy. i love that quote. justin is not just hell on four wheels. he is hell on two apparently. neighbors tell "tmz" they saw him riding a segue, that two we will motor thing, smoking a joint in front of neighborhood kids. justin they say is he reckless on his motorcycle and accuse him of frequently speeding one time almost hitting a neighbor pulling out of his driveway. "tmz" reporting that the l.a. county d.a. is looking to prosecute bieber for the spitting incident back in march and allegedly spitted the neighbor in the face and allegedly threatened to kill

him for could notting from him on yes, speeding. the bad behavior from justin bieber is continues. jenna: why is he always speeding. >> what is he in a rush? he is only 19. what will he be when he gets to be our age. jenna: my money on keyshawn. >> don't want to make him mad. jenna: julie, thank you. >> reporter: sure. jon: great quote from keyshawn. new concerns about high-tech spying with word from china just got access to some of our most important weapons system. what their hackers found out. we'll go in depth on that. check out this teapot. what do you see? does the i will imagine of an i am famous dictator -- infamous dictator come to mind? the story next. people join angie's list for all kinds of reasons.

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and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap.

jenna: some brand new concerns about cybersecurity with reports that chinese hackers gained access to more than two dozen designs for major u.s. weapons systems including these, the advanced patriot miss sill system, f eight fighter jet and v-22 osprey and black hawk helicopter. this is far from the first incident of dangerous hacking from china. we reported this many times earlier this year "the wall street journal" disclose ad cyberattack for what it called the apparent purpose of snooping the newspaper's china coverage t suggested,

"the wall street journal", that china is spying on u.s. media and had become, quote, a widespread phenomenon. days later a suspected cyberattack from china penetrated computer servers and work station as the department of energy headquarters in d.c. as a report by security analyst, mandiant, publicly named the chinese military hacking group responsible for massive, massive theft from american companies. joining us now, gordon chang, the author of, the coming collapse of china. he worked in china almost two decades. gordon, when we see that, we understand based on these reports, it is not just the government, the private companies the media. what is china up to? >> well, china wants to find out for instance, what "the new york times" knew about the private wealth of former premier wen chibao. they did a story about it. they tarnished the reputation of the chinese leader and they wanted to know where "the times" got their information.

the chinese, pentagon, defense contractors some people say that is fair game but they are going against the institution of a free society, "new york times", fox news, everybody else. they're going after advocacy groups, ngos, charities foundation, even individuals. jenna: why are we seeing a flurry of reports now? has this always been going on? has it been going on for the also decade or a reason why we're getting reports the last six to nine months? >> china has been doing this for two decades and for the last 10 years it had the most extensive program on espionage. we're starting to sympathy about it now because we reached a tippingpoint the "new york times" has really changed people's opinions. jenna: he can speaking of weapons though, this latest reports about the weapons systems now china has knowledge of, what do you think they're doing with that information? >> well they're doing a couple of things. first of all they're figuring out how to counter our weapons so they become basically useless or may be trying to use our weapons against us. you fire up a missile. if you know the plans you can deviate it from course

which means you can send it back to us. jenna: are they expecting war? or is this gathering information? what does this tell us what is going going on inside of china and what their goals are? >> you hear chinese flag officers and senior colonel's waging war on the u.s. in half decade's time. we are put on notice. chinese colonels write books attacking united states, unrestricted warfare with that very famous book about a decade ago. we ignore all of this. that shows there is something very wrong at the core of american china policy because chinese leaders say all these things which are very corrosive and we ignore it. jenna: the president is meeting with the president. china next week. tell us a little bit about the chinese president? who is this person? what does our president need to say if anything that could potentially change all of this? >> well, xi jinping, the chinese leader is coming to california two days of private consultations with president obama the idea was that the prior discussions with china didn't get anywhere because they were too formal or there were too

many people in the room. they're now trying to have it a very small conversation. jenna: on the beach. >> on the beach. jenna: i don't know where it is. just saying that. but in southern california, right, go ahead. >> really it is not the problem of the forms that we use. the problem is right now the chinese political system in disarray. the military is becoming even more powerful. we really can't talk to china because nobody speaks for beijing these days. >> beef the collapse of china is coming? >> you see symptoms of disarray right now especially fragile economy we're talking about very, very soon. jenna: if it is no the talking to the president of the china, not doing the way things we do business in washington what do we do? >> i think what we need to do is start enacting punishments. the chinese continue to cyberattacking and continue to talk to them. of course because there is no downside they continue to do it. we leave the door open. what we need to do is what the commission of jon huntsman and dennis blair

recommended across the board tariffs. this is important for us because eventually the chinese have got to have some sort of disincentive. we've never given them disincentives. jenna: foregive the surprise question because it is a little personal, gordon. speaking of cyber attacks, you're talking about china, you're writing all the books, you traveled quite a bit has it been difficult? what has it been like for you? >> i just assume the chinese government reads everything i type and use camera on my computer. in the morning i say hi, beijing, i'm here. >> maybe that is the right attitude. great as always to have you on set. appreciate it. jon? jon: i'm sure they appreciate the greeting. probably not the pr push the jcpenney company is looking for. a teapot many say it looks like hitler. someone online chatting a about a billboard he saw in southern california saying it looks like the nazi dictator of the as these stories do it went viral.

jcpenney sold out of the tea pots online. the retail chain said it meant nothing intentional. it has taken down the billboard. jcpenney said if they modeled a teapot after someone they would have chosen someone fun like a snowman. jenna: gordon, do you see it? >> i see it. jenna: i had to look. jon: pretty fleeting. have to have open mind. jenna: didn't know there were so many messages in a teapot. jenna: a man's death in france is triggering a worldwide health alert. it's a virus we talked a lot about. a virus also killed him. what you need to know about the danger and why the world health organization is saying this is such a big deal. also pressure mounting on attorney general eric holder. can he continue to lead the chris justice department while at the center of so many scandals? we'll take a look just ahead.

jenna: well, a worldwide health warning that certainly got our attention. this as a a series of different events, including a death in france of a man from what's known as the middle east respiratory syndrome or the corona virus as you might have heard it. it was first discovered last year in saudi arabia and medical officials there just reported five cases of infection. it was mysterious but there were these five cases. this virus could cause a range of illnesses from the common cold to sars which nearly killed 800 people back in 2003. experts are saying the virus is a threat to the entire world. it can go from person-to-person mainly through coughing but there are questions for that. there is no vaccine or cure. doctors are only able to treat a person's symptoms which are respiratory illness and fever. so far there are no travel

restrictions because of this. the person contracted the disease traveling in dubai. persons are free to get on planes. these are countries from the middle east and united kingdom and france where this is an issue. with very a clinical assistant professor at the nyu langone medical center. there is a lot there, doctor. let's go through it piece by piece. the world health organization is saying this is a threat to the entire world. what do you think of that assessment? >> first of all, we haven't had any cases reported in the u.s. yet. seems like the vast majority of cases have been in saudi arabia. roughly 32 or so out of the 44. the middle eastern countries certainly have been affected and there are a few isolated cases in europe. i think the reason they're saying it is a threat to the entire world, anytime there is a virus that appears to be this virulent, roughly half of the patients who contract the virus have died, we don't know that much about it yet. therefore everyone really needs to be on alert. jenna: you say the comparison to sars. >> yeah.

jenna: we get images of people walking around with masks for example. >> right. jenna: maybe that comparison isn't the best. what do you mean by that? >> sars killed 775 people. i don't have the exact number how many were infected but clearly that was a large number of people who succumbed to the virus. it is similar to the sars virus it came from the same family of viruses called the corona virus which can cause of a sort of wide spectrum of illness from a common cold to severe pneumonia to respiratory illness and death there is not a lot of comparison other than i believe they believe this new novel corona virus is found in bats as the sars virus. jenna: how do you know the specific virus, mers, what researchers are calling it versus some random respiratory infection someone might come down with and maybe doctors don't realize this virus causes it? >> the thing they have recommended to people is that if they were traveling in areas that, where this is now being seen, so obviously

in the middle east, if they returned home and within 10 days of their travel they come down with respiratory symptoms that would include shortness of breath, cough, fever, chest pain when you take a deep breath in, anything that would be concerning for pneumonia you need to go to your doctor and tell them you traveled in this area where this is happening. a regular person coming down with a cold or flu-like symptom in new york city doesn't need to worry about that. jenna: that is interesting. we're watching a story out of alabama last week where a lot of people were coming down with the respiratory illness and cdc said no, no, it is not corona virus and it was ruled out. >> yes. jenna: there has been debate in the medical community. apparently a up did scientist came out and bought the patent to the virus. he says his intention was to get big drug companies to look the ought it. others say he is keeping the virus from getting properly tested by other people to figure out exactly what causes it to prevent it. what do you think about that? >> i don't know all the details on that.

i read the same thing you did. there is this, sort of a philosophical agreement among scientists that they really can't hold onto this, what we call intellectual property if it might impede research and, more collaborative effort to find a cure, a vaccine, et cetera. their point was, they want to have interest in this to create a vaccine but obviously not at the mercy of innocent lives. so they did come out and say we're happy to share all of our information but, so again i don't really know the details of it. jenna: we'll talk more about it as we continue to follow the story. doctor, great to have you. >> thank you for having me. jenna: we'll have more on "happening now" coming up [ male announcer ] this is kevin.

to prove to you that aleve is the better choice for him, he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪

for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap.

... >> jon: jeff bowman lost both his legs in the attack and later he helped the f.b.i. hone on in on the suspect and she was joined on the mound that helped him save his life. he calls it an experience he will hotel on to

forever. >> jenna: amazing to see them together again and he survived through throwing out the first pitch. >> jon: the crowd was completely into it. >> jon: in america live starts right now. >> megyn: new pressure on the top law enforcer to step aside or be fired. i'm megyn kelly. as we learn more about eric holder's personal involvement in the signing of a warrant targeting james remove sen a growing number of liberals are now saying that mr. holder has to go. that includes one of the nation's most respected attorneys. in a scathing column in u.s.a. today. law professor jonathan turley says, quote, holder should be fired. he describes him as a sin eater and has shielded president obama saying he is