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 supervised a

comprehensive of due process making him unfit to execute the duties of his office. chris is host of power play. jonathan turley, i read his blog all the time and it's really good. unlike the rnc that was the first i'm another no the a republican or conservative and i believe holder should be fired. he calls it a crackdown on the journalists the greatest attack on the free press in decades. he says that it is proof that president obama's response to this whole thing by appointing eric holder is proof that these are obama's sins. we targets the attorney general and the president. this is jonathan turley, let me remind you when with

this whole press snooping scandal. your reaction. >> quite a bind that the attorney general has put him in. holder can't stay and he can't go either. he can't go now. he has got to leave eventually, but he can't go right now because they are doing everything they can to create an impression that everything is fine. some mistakes were made. journalists were targeted and people got overzealous and everything is okay. the message urgently being pushed out of this white house and this administration is that everything is okay. as time going by, conscientious people are lining up, you know, mr. holder for whatever good you may have done there is time that you have to go. are other people that are facing difficult midterms. they would rather him and be a sin eat earned a take

the blame and go away. >> megyn: the outreach by eric holder in the wake of the scanned. normally you debate the silent treatment or thumbing of the nose when you reach out to doj for a comment on these matters. they don't talk. unless it's behind the scenes, tracy is calling you to yell at you. [ laughter ] >> megyn: in any event, they have become very vocal suddenly, chris, in talking to the daily beast and this article of the daily beast said yesterday and again today with political playbook saying, it wasn't until the following monday after the "washington post" broke the rosen story what he had done to james rosen when eric holder was sitting at his kitchen table and gravity of the situation fully started to syringe in. he begin to feel a sense of remorse.

article goes on to talk about mr. holder personal soul searching has already begun. the message from doj is, look, we get it. we understand why this is so controversial. we are ready to make changes to find the right balance. help us, help you. help us, protect you -- [ laughter ] >> megyn: that is literally the position we are in right knew nou. >> this is accurate. attorney general was breakfasting on the cornflakes of regret. [ laughter ] >> as we was doing that and concurrently there was something in the justice department, what are we going to do about the press, even if it is fox news, these guys get upset. it's scary and all of that stuff. then you have what we have this nuzzling campaign. you find and start with liberal outlets and move towards the middle and you

nuzzle. you are special and you of different, you understand, you are not like them. we were just trying to protect the country. help us out here. >> megyn: just like my two-year-old daughter who climbs into bed with me this morning and she said, nuzzle me. [ laughter ] >> megyn: let me ask you this because now they are reporting into the justice department has begun contacting d.c. bureau chiefs of major print and broadcast organizations to set up a meeting to discuss the changes. in retrospect he regrets the wording of the investigation into james rosen and recognizes that the subpoena for a.p. records took in more phone lines than necessary. he recognize things may have gotten a little bit out of balance. now, he wants the press and the president wants him to talk to the press and literally how we can help

him protect ourselves from him! we really need to change these guidelines he is saying. the guidelines that you chose to interpret to use against the associated press -- it sounds like he is some robot. he said they allow or or don't allow it -- oh, wait, the guidelines are up to me. >> he is arguably the most experienced high level official in the president's administration. he has more washington years under his belt. she consummate democratic insider. he knows all in this including being a front line prosecutor. i doubt what he was having for breakfast that taught him otherwise. the president can't afford to make too many more enemies on the left. it's a tough spot. >> megyn: he refuses to say how many reporters and news outlets he has done this

to. so i haven't gotten that invitation and james rosen hasn't received it either. check the mail. >> megyn: how many times have you done it. to whom? what is the list. first after the a.p. you said you take it seriously but you couldn't remember how many times you done it. then you did it to rosen and fox news. who else? before we let the healing begin, let's diagnosis the scope of the problem? >> i don't know if you are going, but we'll watch the in-box. >> megyn: i have a message, thank you chris. as we first step in soeflg a problem is admitting there is one. that is what they have to do. as we first reported yesterday the house judiciary committee is investigating whether the attorney general lied under oath during his may 15th testimony to congress. members of that committee sending mr. holder a letter

asking about a statement he made whether the doj could prosecute reporters under the espionage act. here is what mr. holder said about that. >> with regard to the potential prosecution of the press for the disclosure of material, the that is not something i've ever been involved in or heard of or would think would be a wise policy. >> megyn: but we now know that the justice department sought and obtained a search warrant for emails for james rosen and in doing so characterized james as co-conspirator or aider and abet they are a crime for simply doing his job as reporting. i'm going to show you this document to talk about james potential criminal liability. how does he tell congress that he has never heard or been involved in any

potential prosecution of a journalist? we will ask the man who sent that letter. wisconsin congressman about where it goes from here now they have launched that effort and demanding a follow-up response. >> brand-new developments in the wake of the horrific murder of lee rigby allegedly at the hands of two islamic extremists. police in the u.k. are investigating a copycat stabbing at a prison in yorkshire and in paris police made an arrest on french soldier very similar to what happened to rigby. greg palkot is live in london with more. >> reporter: first there is break in the case of stabbing of the french soldier. it happened over the weekend. they got a 21-year-old man this morning and he is

convert to islam. he admitted to them that he committed the act. they are calling it a suspected terror attack. the man clearly had the intent to kill when he spotted the soldier on patrol in a shopping area of that city. saw him a closed-circuit tv saying a muslim prayer. french soldier lost a lot of blood in this knife attack but he survived. it could have been inspired by the hacking death of british soldier lee rigby that happened in london here last week. they suspect two muslim men in that case. one of the main suspects interrogated today and key suspect is hospitalized. meanwhile, yes, authorities are dealing with the other possible copycat attack. that happened and involved a warden being held hostage for some five hours in a prison in northern england on sunday by three muslim inmates armed with knives threatening to kill him.

they were espousing radical islamist aims. he was badly beaten, but they saved him and another warden was injured. something like one in five inmates in prisons here in the u.k. are muslim. on the other side of the coin, watchdog group is saying 200 anti-islam attacks over the past week or so. authorities are cautioning calm on all sides. >> megyn: thank you. new details on the targeting at the irs of conservative groups. up next we'll speak speek with the president of a group that was singled out over its support for israel and ask why she thinks her group ran into trouble to the point where filed a lawsuit. and new rulings in the george zimmerman trial. this will go to trial on june 10th. they sought a delay and it was denied. new developments as major blow to the defense but we will be joined live by

george zimmerman's attorney about his new plan going forward and what may have been an important but overlooked victory for the defense in this case yesterday. plus, growing concerns over the american mother locked up abroad as a woman with no felony record finds herself facing major drug charges in mexico. she explains her story and we debate what legal options this family has. >> let her come home. she is innocent. ♪ ♪ [ camera shutter clicks ] [ male announcer ] fight pepperoni heartburn and pepperoni breath fast with tums freshers. concentrated relief that goes to work in seconds and freshens breath. ♪ tum...tum...tum... tum...tums! ♪

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♪ ♪ >> molly: developing at this hour we are learning more about targeting at the irs as we see new evidence that this may have gone well beyond making life difficult for some would be tea party groups. today we're learning more about the targeting of groups opposed to some of the president's policies. our next guest claims an

irs auditor told her that her group was under special scrutiny because, quote, it was connected to israel. laurie and her group have been quite and ordeal as they applied for tax exempt charity status back in 2009. you basically got a back of the hand from the tax group, same group special exemptions it's not going to happen. it's going to be delayed and we need to subject to extra scrutiny. why do you believe you were targeted based on your viewpoints? >> we have a particular position. our position that israel has a right to exist and jews should not be removed from anywhere in the land. we believe the goal of the peace process should be peace and not necessarily the creation of a palestinian state. we are focused on

supporting israel and providing accurate information. apparently because some people think that perhaps this administration thinks otherwise that it was okay to target our organization and hold us up. of course, that is completely inappropriate. it's discrimination, it's unconstitutional. >> megyn: was your application just delayed or was it denied? what first led you to believe it was being subjected to extra scrutiny? >> actually, we didn't know that was being subjected to extra scrutiny until the irs agent told us so. our corporate counsel called the agent assigned to our file about seven months after we had filed just to find out how the application was going, whether they needed additional information and that is when the irs agent told us if you are an organization connected to

israel, you need to have special scrutiny from the irs. some of those groups will be sent to a special unit in washington, d.c. to determine if your activities are in contradiction with those of this administration's public policies. as soon as we heard that the board met. we understood that the viewpoint discrimination. it's unconstitutional. you can look it up and see if our activity to see inappropriate but you can't tell us our thoughts or beliefs are inappropriate. >> megyn: the determination group says there is a reason they do this. they say israel is one of many middle east countries and higher risk of terrorism so the extra scrutiny is appropriate. whenever it mentions countries that have a higher terror risk. your response to that?

>> two things. one providing resources is not providing mental support. resources are money -- i don't know -- manpower or something. we didn't provide any resources to anybody anywhere for anything. that is flat out wrong. second of all, to say that terrorism happens in israel therefore they have to look at any organization connected to israel, in what country does terrorism not happen? how are you possibly limiting the number of groups that are being considered if you say, terrorism happens someplace that you think about, you'll application has to be held up. >> megyn: "wall street journal" has an interesting piece, why, why would there be scrutiny for pro israel groups. a "new york times" article dated back in july of 2010 may have provided a clue. they talked about then how -- this a quoted from the "new york times" -- as

the american government seeks to end the four decade jewish settlement enterprise and foster a palestinian state. american treasury sustains them on tax breaks to donations that support them to groups like yours. they ask the question, was this basically the wink and nod that the irs needed to understand that groups like yours required extra special scrutiny before they got their status. do you feel that is what happened and you are being treated as some of the tea party groups were later? >> look, first of all, for the "new york times" to make that allegation, it simply a philosophical statement on their part. it's not a directive for the government of the united states to act based on something that appears in the "new york times." the government is required to follow the law. unless the law states you

cannot support entities beyond what is called the green line in israel, it is not appropriate for any arm of the government, irs or anyplace else you can support them. let me make clear that d street didn't provide support for anything. it simply emotional support. there is no finances, no money changed hands. we have never provided grants. it seems like a red herring. it's really trouble some. i believe it's unconstitutional. >> megyn: i know your lawsuit continues. ultimately a judge will have the final say. laurie, thanks so much for being here with your story. >> coming up an incredible rare view of mother nature's fury. how storm chasers captured this video. plus, we're seeing a new wave of political messaging

by the white house and administration. we'll have the ads and debate specifically about it. >> i don't know about you, i think it's the leader of the free world has better things to do -- [ lisa ] my name's lisa, and chantix helped me quit.

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♪ ♪ >> megyn: new warnings of possible severe weather today in states dealing with tornado damage. southern plains appear to be in the eye of the storm. forecasters say they could bring baseball-sized hail and damaging winds. meantime, a twister that touched down in kansas. look at this. >> ears are popping.

>> megyn: you can see the storm chasers capturing that footage before the cars' doors were blown away. four tornadoes touched down in kansas. the audio is very annoying. like when you are having a bad phone conversations and you have to call back. i can understand why the checks wasn't so good. winds up to 150 miles an hour and several homes and businesses damaged or destroyed. >> from mexico, the story of an american mother being held at mexican prison is getting a lot of attention. she is accused of trying to smuggled 12 pounds of marijuana. she is mother of seven. she is in courtroom where a

judge will soon decide her fate. trace gallagher has more on this. >> reporter: those inside the courtroom say 42-year-old woman case is weakt mexican court system is so corrupt that anything could happen. it was last week when the 42-year-old mother and her husband was coming back from a family funeral from texas. they got a public transport bus. when they got to a military checkpoint the passengers were unloaded and the bus was searched and they found 12 and a half pounds of pot underneath her seat. she said she didn't bring on there. nobody saw her bring it on there. nobody saw her tape it to the under side of the seat. a lawyer told the couple the judge could be bribed. they have $5,000 wired down from the u.s., but the judge didn't accept it. hearing is under way for the second day, but the way

it works in mexico is that all the testimony is given and has to be typed up and submitted to the judge and the judge then makes the ruling. they say it could be sometime thursday or friday before he decides. here is maldonado's brother-in-law. >> there is so much red tape in the mexican government, just to get evidence that will easily prove their innocence to the judge is a huge bureaucratic mess. >> reporter: and very slow. she is the mother of seven. she was born in mexico and became a u.s. citizen 17 years ago. she is devout mormon. her family pleading for her release saying that she is an outstanding woman. listen. >> she is so amazing. when people talk about her, she is always smiling. she, there is something about her. you fall in love with her. >> reporter: arizona

senator jeff blake in is involved as is the mexican embassy but it's up to a judge in mexico to decide and nobody knows when the decision will come. he could sentence her to four more months and set a date for trial. >> megyn: after the recent string of controversies rocking the bone administration now comes the campaign style ad. up next, will the president's party pay a price for what they are calling scandal mania in washington right now. plus, a series of rulings in the trayvon martin shooting case reported to be a blow to zimmerman's defense. today his attorney will join us live about the plans going forward in the wake of several things that went on yesterday and what one important victory we saw yesterday afternoon. >> a six-year-old punished, suspended, accused of

traumatizing his classmates after one found him playing with a tiny lego gun, no bigger than a quarter. we'll have reaction from parents and school. >> we're not standing up hollering. nobody was ducking. nobody was screaming he has a gun. 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. ♪ all aboard. everybody has different ideas, goals, appetite for risk. you can't say 'one size fits all'. it doesn't. that's crazy. we're all totally different. ishares core. etf building blocks for your personalized portfolio.

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♪ ♪ >> megyn: roughly two weeks since the white house found itself in the middle of firestorm on three

political controversies. benghazi terror attack, irs targeting conservative groups and doj spying on conservative groups. here is part of an ad just released by senator mitch mcconnell the top republican in the senate hitting the administration and the white house hard on the irs scandal. >> do you believe it is illegal? >> i don't believe it is. >> when the president does it that means it's not illegal. >> what does the president believe? >> laws are relevant. ♪ ♪ >> we're going to punish our enemies and we're going to reward our friends. >> megyn: joining me is monica crowley. so already it starts while we're focused on what the news of the day is these politicians are focused on

2014 and midterm elections and republicans would like to retake the senate. they don't want to lose the house. most think there is no danger of them losing the house. there are questions whether they could retake the senate, but this is going to get ugly before it gets nice again. that seems to be one of the first shots across the bow? >> i don't know politics is ever nice but you raise an important point. these three scandals have traction now. they are seemingly getting bigger by the day because the white house and administration is going along with this drip, drip strategy where you get new revelations every day without getting answers to this stuff. even though the 2014 election is an eternity away in political terms, what you are starting to see now is republicans like mitch mcconnell ad, he has no declared opponent as of yet. he is directing his fire to

the white house to the president to the broader democratic party. i think you will start to see more and more republicans actually doing that. >> megyn: they are going to saturate the airwaves as they get closer to the voting day. these republicans are trying to be, okay, we'll be the objective fact finders and get to the bottom of it. when it gets close to voting time, it will be ads showing nixon if the if the pt does it it's not illegal and white house advisors, law is irrelevant. >> i wanted to say out front that is pretty dishonest ad where it takes pfeiffer out of context. anybody that watched the show he wasn't saying that the law doesn't matter. he was basically saying we're going to hold people accountable regardless of what the law says. it's been taken out of context. rest of the ad is pretty effective. i think they will use these

issues as something to really gin up the base. it will help them turn out and most people that are watching the election is going to be see a environment that is favorable for republicans. >> megyn: the question is whether it works. if you look at the polling, president's polling since the scandals broke. it hasn't been a day. it's been two or three weeks since all this stuff emerged. longer than that with benghazi. he is holding steady in terms of approval ratings around 47%. there is a question whether this is really resonating with the voters. >> that is true. you are absolutely right. i would take a look at various other scandals over the last 30 years. watergate took many months before the public started paying attention. same thing with the clinton scandal. i would say these are early

days. it may be true that the public does not care. there is no-no registering of public opposition or assigning blame to the president of all people on these scandals. >> megyn: let me jump in. the polls show that the people do care and they think the irs deal is a real scandal. they think benghazi is is a real scandal. lesser degree care about what the doj's doing to reporters. the numbers are pretty high in terms we believe these are real issues and we're not happy about them. yet, they don't affect the president. attempt to tie it to obama has not yet worked? >> that is absolutely right and these are early days. we on have numbers going forward on the irs, benz and other issues. we have more investigations coming down the pike. this is not going away. the public by and large admit this is true for presidents of either party.

they are reluctant to place blame on the chief executive. you are seeing the president to give the benefit of the doubt. >> megyn: and scott rasmussen had an analysis out earlier this week. some believe that it has hurt the president's rating. we're seeing housing market come back and stock market. the theory it never should be higher and would be higher but for again scandal mania, does it really matter in terms of president obama's approval. what we're looking at is midterm election coming up? >> it matters if people don't trust the government that is bad for democrats. if there is a climate where people are unhappy with obama or the government isn't being run properly that is going to make people less excited about democratic gov fans. republicans are going to be

extremely gined about this irs issue. the reason that obama isn't seeing people really heavily turned against him. he hasn't been tied any way to the scandals as much as republicans have tried to do that. there is nothing to suggest that he knew about the irs situation. if that ever came out, that could definitely change the dynamic. >> megyn: that is game changer. we'll see what happens. benghazi is a little different. he had more active role in that one. we'll see. we'll see what happens with the other two. ladies, thank you. >> fox news has a copy of the house judiciary committee's letter to attorney general eric holder, whether he lied to congress while under oath. we will speak with the leading member of that committee the man that signed the letter what they are demanding from the attorney general and when they expect to get it. plus, a series of rulings on george zimmerman case

some were a defend with the defense team but we'll speak to his attorneys about the setbacks and what may have been an overlooked victory and whether state prosecutors were caught in a lie. that is next.

♪ ♪ >> molly: developing situation in the george zimmerman-trayvon martin murder case as defense goes

on offense. a judge ruling it will go to trial on june 10th with zimmerman fatally shooting trayvon martin in a gated community last year. but prosecutors may be on the hot seat first. this after an assistant attorney general came forward that they failed to turn over all evidence in this including evidence that could be helpful to the defense. including these images of a handgun which they say were recovered from trayvon martin's cellphone. joining me is mark o'mara, he is george zimmerman's attorney. that very serious allegation. there is is no question prosecutors had to give you everything that is potentially exculpatory, helpful to your client. now you've got a guy who was in the d.a.'s office saying he has got somebody, another guy inside the d.a.'s office who is

calling himself a whistleblower, i'm telling you, mark, they didn't turn over all the evidence to you. >> motion for sanctions of specific action of discovery that begin with george's injuries that have gone through f.b.i. reports we didn't get. we asked them five times for the hospital records that supposedly existed and the day before the hearing they tell us there aren't any. his explanation to the judge, literally i forgot. it's utterly frustrating because they are supposed to do this in the open. >> megyn: you mentioned they only gave you a black and white photo of his injuries. then this is the color version and clearly shows him bleeding. it looks like he has been through a bad fight. if they did not turn it over to you, the images on trayvon's cellphone

including the guns which you and i discussed last week, images of guns and so on. you can argue in court whether this truly exculpatory or relevant to your case, but in this phase of the trial there is a very, very wide netted cast. they are supposed to give you everything. do you believe the prosecution is trying to hide things from you? >> if this is the only event, i would give them the benefit of the doubt. six or seven events, it has to be a way they decided or philosophy to handle the discovery in this case. there is no question they knew about it in january of 2013 because that is when the report was generated by the i.t. fellow the whistleblower and given the state attorney's office. they gave us other information that did not include that which is why three weeks ago we made specific request in front of the judge, have you gotten any reports from anybody else? the judge asked hem and

they said no. you have to explain to judge nelson why he said that to the judge when the opposite is true. >> megyn: you suffered some setbacks in the motion that you and i discussed last week. they weren't fatal blows because she didn't exclude your evidence but you are not going to talk about it in on opening statements, including you wanted to mention trayvon martin prior marijuana use, past fighting and suspension from school. i should say martin's attorney came out and said, trayvon martin is on trial. this is not relevant. your response? >> quickly we talked about this before. we are at the stage of discovery which is wide open. had we not had this stuff couple weeks we could never have brought it up. i never said i wanted to use this information in opening. it was first mentioned to the judge she should limit both parties from

discussing in opening. this will only become relevant if the state goes outside the confines of what happened that night. nothing about trayvon martin's background and nothing about george zimmerman's background should come into this trial. only it will do so if the state decides to go to that extraneous matter. at that point i have to be ready if and only it is relevant. >> megyn: the critics of your defense say you are preparing a character assassination of the 17-year-old boy that was shot to death. >> i am proposing a criminal defense case that makes background relevant we have the information. not to do it is malpractice. judge is gatekeeper for relevant evidence. it won't get to jury until a judge says it's relevant. i hope that it will happen

and we can't ignore it exists. family has been aware of all this information for the past year. >> megyn: you also have video of three fights, two in which trayvon martin acted as referee and one beating up a homeless guy. are you submitting that? do you want to admit that into evidence? >> that again if in fact what becomes relevant. they suggest trayvon was peaceful and non-aggressor. that evidence of knowledge of fighting and involvement of fighting himself and videotaping other people beating up a homeless guy may become relevant. a judge will decide. we have to have that information out there and be prepared to use it if the state requires us to. >> megyn: they suggest he is not aggressor. mark, thanks for being here. june 10th, trial will

go forward. jury will not be sequestered. classroom controversy after a six-year-old is played with lego sized plastic gun. how administrators handled this one. 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.

♪ ♪ >> megyn: the center of a growing controversy. a six-year-old boy accused of traumatizing his classmates after bringing a lego sized gun onto his bus. a plastic toy slightly larger an quarter. trace? >> reporter: we're going to show you the picture but really the gun was this big. it was tiny like you said the size of a quarter. this kid apparently brought out the bus. there it is. the story as you might imagine is now changing and superintendent says there is no story except we think

there is. initially we were told that somebody yelled to the bus driver he had a gun and all the kids were traumatized. the school sent home a letter explaining to the parents that there was no gun on the bus, that was simply a tiny toy, a g.i. joe sized gun. first, six-year-old was told an apology to the bus driver and suspended him from riding the bus. then the school watched the videotape of the actual incident on the bus and in fact they found out that the kid who yeltd there was gun on bus raised his hand and told the bus driver, he has got a toy gun. none of kids were traumatized. there was no screaming or yelling or anything like that happened. so the detention was cancelled. suspension on the bus never ever happened and the note

to the bus driver was written. here is the boy's mom. >> i'm glad i spoke up and i'm glad my kid is not in trouble any mom mo are. >> six years old i don't think he understood the gun policy. >> reporter: my son knows that guns shouldn't be on buses. the school no longer commenting on the story anymore. >> megyn: up next, our first chance to talk to the judiciary committee about suggestions that the attorney general lied to congress under oath. one of top congressman pushing that is here. and federal investigators looking into the major crash voluntary involving a train carrying toxic chemicals. i'm feeling better al. [ male announcer ] new alka seltzer fruits chews. enjoy the relief!

note. >> megyn: fox news alert. new questions for eric holder as congressional investigators deepen their look into whether mr. holder lied to congress under oath. brand-new hour. welcome everyone, i'm megyn kelly. two leading members sending a letter to the a.g. from the hearing on may 15th about possible overreach by his justice department when it comes to investigating leaks and more particularly investigating members of the press who received leaks. the letter signed by committee chairman and wisconsin congressman asks mr. hold ear litany of questions about the doj's

dealing with the press including how mr. holder had signed off on a warrant naming our own fox news james rosen as a possible criminal co-conspirator and having that knowledge, nonetheless appeared before congress and testified this way. >> with regard to the potential of the press for disclosure of material i was never involved or would think is a wise policy. >> megyn: great to see you. your thoughts on whether there is a potential, a potential perjury charge looming for the attorney general here? >> absolutely there is. after that hearing, they disclosed the justice department signed an affidavit to get a search

warrant from the judge that accused james rosen of violating the espionage act or aiding or abet ago co-conspirator. that is chilling because if somebody leaks classified information, even though it might not be labeled as such, a reporter does his job he can be named as criminal or co-conspirator. if there ever was an assault on freedom of the press, this is it. >> megyn: i see what mr. holder did. accusing of him lying under oath takes it to another level. the top democrat in the committee, john conyers said he did not mislead the committee, quoting, to turn a policy allegation into allegations of misconduct? >> mr. conyers is one being

partisan on this. you just played holder's response to a question asked by democratic congressman hank johnson of georgia. now, we didn't know about the search warrant, but he said that he had never heard of it. he thought it was a bad policy. yet mr. isocof says he signed off on the search warrant a couple years beforehand. now that is misleading congress, whether it's perjury or not depends upon how mr. holder answers the questions that chairman and i have requested him to do so. we wanted answer no later than wednesday of next week, june 5th. >> megyn: he told you in the soundbite he had never heard of nor been involved in the potential prosecution of journalists in these leak cases. yet to show the viewers whether he signed off

according nbc and daily beast. this is what the u.s. attorney alleged the f.b.i. alleged to get the search warrant against james rosen, something holder would have known if he signed off on it. he said i never heard of it happening, look what the f.b.i. alleged to the thing he signed off according to the report. number one, there is probable cause to believe that the reporter, james rosen, is committing a violation of the espionage act. then he goes even further and says because of the reporter's own potential criminal liability in this matter, we believe that requesting a voluntary production of the materials from him would be futile and he goes on from there. he says specific that rosen has potential criminal liability. yet holder told you he has

never heard of potential prosecution of a journalist for disclosures. >> well, if that isn't misleading congress, it's minimum. i don't know what is. even if you accept mr. con yes, sir's explanation conyers' explanation he has lost the trust of congress and he ought to resign forth width. >> megyn: he has come out of his state of mind today saying that first of all, the gravity of the situation didn't really sink in until he read the "washington post" study about what he did to rosen. he is feeling a creeping sense of personal remorse on this. the message from doj, we get it and we understand that hold shall sees it as a teaching moment that his own personal soul searching

has already begun. is that sufficient? >> megyn, its teaching moment because he got caught purely and simply. these warrants were issued in 2011. there was an indictment returned against mr. kim for espionage and rosen was stated in the indictment as an unindicted co-conspirator. he was that because he was simply doing his job. that is what the press is supposed to do. it doesn't make any difference if it's a fox news reporter or somebody on msnbc. the press has got a job to do and it is obvious that rosen was trying to get to the bottom of this. i've been on judiciary committee for my entire 35 years in congress. i have worked with 11 attorney generals including mr. holder. nobody has gone so far what mr. holder's department has done. now, either he knew about

it in which case he lied or he didn't know about it and he is not in control of the department, i believe he ought to resigned. >> megyn: do you belief he is a honest man? >> i have a good relation with him when he was janet renos deputy assistant. there obviously has to be change in operation and that has to come from the top. >> megyn: he is going to meet with reporters and investigate his own behavior. he wants to hear from us as whether they need to change the guidelines in terms of that. is that going to stop the bleeding? is that going to stem the tide of the trov? >> no, it won't. one of the things we have seen from the administration when they get caught doing something that is bad policy, they come back and say they want

to change the law. well, if the press shield law they are pushing now is the same one they pushed in last congress, that would not have covered this situation. the justice department would still be able to do what some future reporter what it did to james rosen, simple as that. i think this is smoke screen. i think this is false remorse. >> megyn: i know you want a prompt reply, that is what you have asked for in this letter. do you expect to get one? if you don't get one, what is your next move? >> the next move i think would be subpoenaing holder to come before the committee. you may recall that this was the same committee that found him in contempt of congress which the house approved but the justice department is now in court trying to get their boss cited for contempt of congress. if they continue to blow us off on this one, the only

real alternative is a special prosecutor or an independent counsel. that is what happened during watergate. i don't think this rises to the level of watergate yet, but i think the only way the american public will have any kind of faith in what happens following an investigation is that it is done outside the justice department and ultimate boss is not eric holder or his boss the president of the united states. >> megyn: representative, all the best. you just saw what the attorney general said before congress. you just read part of the f.b.i. affidavit in support of the warrant that he was seeking. congressman talk about his credibility. just ahead we will debate whether eric holder whether they got the proof whether eric holder willfully lied.

that is the legal standard. they have to prove he will any lied in his testimony. that is coming up. new reaction from the state department moments ago after two americans assigned to the u.s. embassy in venezuela are shot outside of a strip club. 4:00 a.m. shooting following an argument. both men said to be recovering. trace gallagher has the story. >> reporter: the state department says it happened in a quote social spot we now know to be a strip club in caracas an area where embassy employees are not supposed to go. they don't know the motivation. shots were fired and two men military attaches were hit. there are no suspects in custody and it might no not be a thorough investigation. the murder rate in venezuela is the highest in south america and very few crimes down there are

solved. despite the fact the u.s. buys some 900,000 barrels of oil a day, we have strained relations. we haven't had an ambassador since 2010. wheb hugo chavez called bush the devil and president obama the ultimate devil. here at state department a few minutes ago. >> this is case obviously, the specifics are still being looked into the details around the incident and while they are speaking any employees representing the united states and where they work to a high standard. we'll let the final details of the process work themselves through. >> reporter: the second time state department has commented. it happened 48 hours ago. no names of the men, no details, no motivation as of yet. >> megyn: thank you. new developments in the forts hood shooting trial. that suspect major

nadal hassan's request to represent himself. can you imagine. outrage is growing over the possibility the man accused of murdering 13 people and injuring more than 30, could get a new platform from which he could spread his hateful views and cross-examine directly the victims he shot. wait until what you hear what the judge ruled. and new details on a freight train crash that triggered a massive explosion. we'll update you. ♪

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see your doctor and get checked out. ♪ >>. >> megyn: fox news alert in the trial of shooting suspect in the fort hood massacre. they are delaying hassan can represent himself in his murder trial but opening the door to the possibility. they are ordering he has undergo the physical exam.

he has passed the mental exam to represent himself. this man is shouting god is great before gunning down 13 people and spraying 30 others with bullets. while he awaits his trial behind bars the government is giving him paychecks, totaling more than $270,000 since his deadly rampage back in 2009. joining me is lis wiehl and doug burns. that to me a pretty good ruling for hassan that wants to represent himself. if she is saying he has mental capacity. >> he is not mentally incompetent. that the standard of saying you can't represent himself. she put him at task you can represent yourself. what she will do i am sure is propose a couple of lawyers, probably a panel of lawyers that will shadow him and be with him to create objections. to be there in the courtroom.

for a good defense but also on appeal when he is convicted he can't then say, i had incompetent counsel, myself. >> megyn: you have done the shadow lawyer, three times? >> i was the prosecutor. i'm trying to a case against the defendants who representing himself. >> megyn: what does the shadow lawyer do. i think people want to know is he going to get off? he is going to cross-examine the victims that he is accused of shooting? >> it's unbelievable. you get the third person up. he says when mr. hassan approached you -- in the first person. sort of inherently there is a lot of tension between the shadow counsel and defendant. >> they hate each other. >> clearly they don't want to have any lawyer and shadow counsel so in the pretrial there is a lot of

bickering and back and forth. >> megyn: here is soundbite of colin ferguson, accused of going on train and shooting it up. he was ultimately convicted. talking about himself in the third person. >> the issue in this case is whether mr. ferguson did the shooting. in other words, ladies and gentlemen of the jury, did mr. ferguson take a gun and shoot passengers he did not know and for absolutely no reason. >> megyn: yes, was the jury's answer. he was accused of killing six and wounding 19. now you are telling me the victims of fort hood shooting are going to be suggested by face to face questioning. what about the platform? >> couple things. he is serving 104 years.

he represented himself. had to get up to the stand. he should had put gun to their heads. mr. miller had to cross-examine them. it was horrible. this is a federal court so we're dealing with jurors, not a regular jury so to speak. i think it be actually easier for the victims because you will have a military panel who i think will order -- keep it more orderly. >> megyn: even if it's orderly, you can't underestimate the trauma to the people that have been shot. 30 victims who were shot and survived. some are severely wounded. is there any way to shut that down. let the defense attorneys do the cross-examination and somehow shutting down the terrorist rhetoric.

>> okay, there is a victim, the u.s. treasury like but say this early, somebody who attacked, i think you make a good point. the judge, presiding officer should say, with respect to these victims let's have the shadow counsel do it. i think the judge has the discretion to do that. >> and platforms, the panel can keep the platform from going ahead. >> megyn: what do you mean? >> making big speeches. making eight platform. >> megyn: he has an opening statement and starts saying allahu akbar and that is why it had to happen. can the judge shut that down? >> it's an opening statement, not a closing argument. >> megyn: i don't care from it is opening or closing, we don't want to hear that. you can keep that down. >> presiding officer can jump in. the point is, if you are going to that you are still

subject to the same rules as a lawyer are. no lawyer would talk about international jihadists. and they would say it's not proper. and pro se defendant but it's easier to let it run off the rails because the person is not a lawyer. >> he asked for this. now i got incompetent counsel. i think the judge should be able to get him in a little bit. >> megyn: it is a little easier for a military tribunal. breaking news, state department was just challenged how mexico is keeping an american mother, a woman from arizona in jail on questionable drug charges. they them underneath a seat in the bus. in this country you probably wouldn't get arrested for that. how are they holding her

and what they are doing. >> and massive blast in the outskirts of baltimore. we're learning what really happened here. [ lisa ] my name's lisa, and chantix helped me quit. i honestly loved smoking, and i honestly didn't think i would ever quit. [ male announcer ] along with support, chantix (varenicline) is proven to help people quit smoking. it reduces the urge to smoke. it put me at ease that you could smoke on the first week. [ male announcer ] some people had changes in behavior, thinking or mood, hostility, agitation, depresd mood and suicidal thoughts or actions while taking or after stopping chanti if you notice any of these stop taking chantix and call your doctor right away. tell your doctor about any history of depression or otr mental health proems, which could get worse while taking chantix. don't take chantix if you've had a serious allergic or skin reaction to it. if you develop these stop taking chantix and see your doctor right away as some can be life-threatening. tell your doctor if you have a history of heart or blood vessel problems, or if you develop new or worse symptoms. get medical help right away if you have symptoms of a heart attack or stroke. use caution when driving or operating machinery.

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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. ♪ ♪ >> megyn: news breaking yesterday. federal investigators or the scene still right now in the wake of that terrifying train derailment near baltimore yesterday. the accident sparked a massive explosion rattling homes half a mile away. here a dramatic cellphone video that caught it. >> back off! >> megyn: several cars and freight train caught fire. trace gallagher has the latest. >> reporter: by the time

smoke got up in the air, you could see the smoke 30 to 40 miles away. fireball was just crazy. this is all because of a freight train. it happened outside of baltimore. 45 cars when it collided with a garbage truck. there was a stop sign at the crossing but no gates or bells. they collided. the driver was the only person injured. he is still in serious condition. the explosions damaged nearby buildings. listen to a man who was actually one of the loading docks when that collision happened. >> you could feel the heat coming off of the flames. we were standing at the loading dock, when it went, it knocked me down and my two other co-workers. there was like a white kind of soot. i don't know if it was from there.

>> reporter: when it went. he was talking about explosion. cellphone video that actually caught this thing when it exploded, taking pictures of fire and suddenly boom. watch this. >> can you hear the explosion? >> the immediate risk to the nearby businesses there were plastic chemicals on the train. the firefighters chose to watch it burn for a while they were unclear what the chemicals were. n.t.s.b. has investigators on the scene. the train had cameras in front so you will be able to see exactly what happened when that train collided with the truck. cellphone pictures are amazing. >> megyn: thank you. attorney general eric holder says he never heard of the 'potential prosecution of journalist for disclosing leaked information. if that is true, why did he authorize an argument to a

judge that our own james rosen faced potential criminal liability in a leak case. our panel is next on whether the attorney general perjured himself. plus an american mother is behind bars in mexico's notorious regions facing drug trafficking charges but the family says she was set up. now, the state department is being challenged to do something about it. >> it's a huge misunderstanding. it's a nightmare for family to know that they are innocent. we want our family back home as soon as possible.

♪ ♪ >> megyn: fox news has obtained a letter from house judiciary committee demanding that the attorney general answer questions, including the question, how can you claim to have never been involved in the potential prosecution of a member of media, but you were admittedly involved in discussions regarding mr. rosen's emails? i had a chance to ask congressman at the top of the hour. watch. >> look at what the f.b.i. alleged, saying he signed off according to the report. number one, there is probable cause to believe that the reporter has committed or is committing a violation of espionage act -- then he goes further

and says because of the reporter's own potential criminal liability in this matter, we believe that requesting the voluntary production of materials from him would be futile. he specifically goes on to say, this f.b.i. guy, that rosen has potential criminal liability yet holder told you he never even heard of potential prosecution of a journalist for disclosures? >> if that isn't misleading congress, it's minimum, i don't know what is, but even if you accept mr. conyers explanation that holder did nothing wrong he is not in charge of this department. he is lost the trust of congress and i submit the american people as well and ought to resign forth width. shall forth with.

>> megyn: is our panel. i mean that to me when i looked over the evidence of whether he contradicted himself whether he told congress that he never had been involved in or heard of potential prosecution of the press. then i see the f.b.i. affidavit he signed off on says specifically because of rosen's own potential criminal liability in this matter, that is pretty close to a direct contradiction. richard, your thoughts who is not only a democrat but a lawyer? >> this is i would say is very serious territory. i'm sure that the attorney general will address it directly because he will have to. i would say what he probably will say it's all a matter of context. the quoted material, the

testimony was about whether or not they were going to prosecute a reporter and reporter had not been prosecuted. but the other language was used to support the subpoena, the issuing of a subpoena and not in further answer of a prosecution. >> megyn: he was talking about the a.p. case when he gave that testimony? >> i think he will say in the rosen case, the leaker, the alleged leaker was prosecuted but the reporter, mr. rosen was not prosecuted. >> megyn: i get you. but with respect to the potential prosecution of the press for disclosure. that is something i never even heard of? >> we can't get in his mind. i think he will say there was never any contemplated prosecution of the press. >> megyn: let let me stop you there. why is that second full screen i showed that rosen

had potential criminal liability? liability is different. not just saying he is co-conspirator and never going to prosecute him, he has potential criminal liability. >> you are absolutely right. i think he will say the existence of potential criminal liability is very different from the existence of an actual prosecution. >> megyn: right. if he had said i never heard of the actual prlgs. he said i never heard of the potential prosecution. i'm trying to be fair to him and drill down on the language case because when you have a potential perjury case. language matters. if he just called rosen an aider and abettor through the f.b.i. guy, you could be say that i'm never going after them and he is aider and abettor. but he has potential criminal liability in this

matter, that to me is arguably directly contradictory to the testimony he gave to the congress i never heard of the potential prosecution of the press for possible disclosure. >> whether you start from a point of incompetence or deliberate behavior, let's go by what he said in the cone text. the argument of context does not work to what you talk about. this is beyond belief when you have the most political attorney general who decided to use the power of office and say we do know what we're doing but we don't need to know and cause of something, we don't know what we are doing. which one do you want to believe? holder has decided to sign off to a member of the press, he flatters a guy at the state department and tries to get information as reporters do. so this is reporter that reported the white house war on fox when they attacked fox directly.

this administration believes in payback. they are using the arm of government whether holder, benghazi, civil rights division. look at their track record here. whether he perjured himself but look at the facts of this administration. that they do exercise payback using government and bureaucracy as the oppressor. >> megyn: what do you make of limp posts, huffington post, jonathan turley. >> he has eclectic mix of views. >> megyn: he is not a right leaning guy but the huffington post saying he has to go. >> i think there are serious questions he will have to answer i. i think he has started to say there were some mistakes that were made.

the big issue there is a balancing between freedom of the press and national security. there is always a balance. it would suggest there are gray areas and i think he will say that mistakes were made. >> megyn: he is already saying that. he is coming out and daily beast article talks about the gravity of the situation didn't sink in until monday morning. he felt remorse. we understand this is teaching moment. his own personal soul searching has begun. in retrospect he may have crossed the line. on and on it goes. is that good enough? >> no, no, no. personal remorse not even there. we're talking about someone who has a record from the clinton years who has a record in the obama administration. to give him the creeping remorse when actions go against that whether you start with fast and furious. civil rights division --

look at what they do or who you want them to be. be with all due respect, the guys that know the system use the system. they sign up the chain. it's not one low level employee issuing a subpoena. it gets reviewed along the way. let's follow the process. >> megyn: that is one of questions. how they had done it to and how many times it happened. and as he does a roundtable with the reporters, he is wants to meet with the bush oh chief and get our input on what he should do with respect to his own guidelines. you know what? you are the top law enforcement officer. you make the call. i think you don't begin that conversation until you say, mr. holder, how many have you done this to, how widespread is the scandal? is it just rosen and a.p.? you have to admit the scope

of the problem before you can try to heal it. >> think those are excellent questions and very legitimate. whether he answers them first or whether they go back and forth on this, i think this is an area where obviously, too, believe there some mistakes were made. the answers to the question that david raised will depend on whether or not you believe this is a man that has a long record in government and trying do the right thing in a very complicated world and complicated job or whether he comes on this to hurt his political opponents. i myself believe he a good guy in a complicated job who mostly gets it right. sometimes mistake are made. he will have a lot of explaining to do. >> megyn: he is in that position. i got to go. great to see you. >> coming up the family of an american mother facing drug charges in mexico. now he is facing drug trafficking charges and family says it's a setup

and state department is being challenged to help this woman who is struggling for her freedom down in mexico. we're on the case in kelly's court next. >> when people talk about her -- oh, my gosh. she is so great and there is something about her that makes us love her. you fall in love with her.

♪ >> megyn: today the arizona

mother of seven who we told you about earlier thrown in a mexican jail on drug smuggling charges. state department reacting to the case. she was arrested alongside of her husband on way back to the states by bus. they went down to could mexico for a funeral. state department says they are speaking to the family and officials in mexico. they took the bus down there and took the bus back but coming back the bus was stopped and searched. authorities claim they found 12 pounds of marijuana under her seated, the family says she is being framed. joining me arthur idel and jonathan. case boils down to the fact that she was in a seat under which they found they found a bunch of drugs. could you even charge that case. don't you have to show possession and control?

>> exactly. the marijuana on this bus was under her seat and an empty seat. you really can't pointed the finger at her. this is not a case where she got searched and they found marijuana in her pocket and defense says, they aren't my pants. this is completely different. not for nothing this bus was on the wai back to the united states. why don't we let the united states decide whether or not she was trying to smuggle marijuana. >> megyn: if this had been her car she maintained but it's a bus. who goes on to bus and checks underneath the seats to make sure there aren't a bunch of drugs there? >> the ability to hold her it was in control the seat next to her was empty. she was the closest proximity to the actual contraband. that is why they are holding her. apparently there are two independent witnesses who

will testify today or tomorrow they saw her enter the bus and all she had in her hands was a pocketbook and a blanket. >> megyn: can you fit 12 pounds of marijuana in a pocketbook? >> mine you can. >> peter: how big 12 pounds of pot? >> at least as big of a milk crated. bottom line drugs and going in and out out of our country. they got a tip and they got goe on bus. there is the marijuana. there is woman with empty seat. they don't know how many children she was married. she is mormon and all this stuff. they do what they can do. >> megyn: do they know but the allegations they were only two americans on the bus. that this is shakedown. mexican authorities wanted dough. husband is claiming they wanted $5,000 which i guess he offered or they asked

him for it. maybe that wasn't enough. that didn't do it. >> that didn't do the trick. not for nothing. this isn't the first time we've heard of shakedowns and bribes coming out of mexico. it's not farfetched to that actually happened. they were targeted because they were the only americans on the bus. listen, in this country we have stories of people leaving children on buses. it's not that farfetched that somebody is going to leave drugs on their bus. >> 12 pounds! >> megyn: if you are taking drugs on the bus, you put it under your own seat? >> you are talking to a scarred man, somebody let off a stink bomb. they found it under my seated. i didn't do it. guy slipped it underneath my seat. i swear to buddha. they have all this weed,

pounds. that is not, it's pounds, coming back to america. they to have investigate. they held her. my understanding the bail is $5,000. he went to the other jail and spoke to her. the united states senator from arizona is involved. >> not involved enough. if this goes to trial and mexican justice system are so messed up. fortunately they rarely convict but she could face ten years in prison. at the we should be doing more to intervene on her behalf. >> i don't know if doing much. they think we demand her release. she's a naturalized u.s. citizen on sketchy facts and a mother of seven. >> if the roles -- >> if the roles were reversed, could we do the same. if we held two mexican people on

a bus with 12 pounds of marijuana and mexican authorities say we want her back. >> nobody would charge that case. just because you're on the pot doesn't mean it's yours. how old is the oldest person you've known? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed much is the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪ plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell health. one a day men's 50+.

>> megyn: a new plan thrower the cost of higher education is gang national attention a texas lawmaker introduced a bill to help with sky high college tuition bills requiring state universities to offer tuition at a fixed price. casey is live in dallas with more. >> a lot of college kids graduating, heading in the world with big bills. do you know the student loan debt in this country has reached $1 trillion? that's more than all american u.s. credit card debt combined.

lawmakers in texas taking steps to make the cost of higher education not only more affordable but predictable. the legislator passing a bill requiring state universities to offer a tuition freeze meaning lock in the same rate for all four years. a huge advantage when you consider college tuition rates are surging every year, up to four times above the regular rate of inflation. >> institutions have incentives. right now it's not based on a good value. they're based on getting students in the door and to pay as much as they can. >> reporter: the bill now has to clear the state senate but some schools already doing it voluntarily like on the ut dallas campus it only offers fixed tuition and eliminates a host of hassles. >> it's important for students

to have a university that says when you start university, you are paying x amount. when you finish, you're paying the same amount. it allows me to plan my financial future that way. >> reporter: texas governor rick perry is offering state schools to offer a $10,000 bachlor's degree for certain majors. nine schools do it. florida and wisconsin governors by the way looking at similar plans for students there. >> megyn: thank you. we'll be right back. okay, team! after age 40, we can start losing muscle --

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thanks for watching. i'm megyn kelly. here's "studio b" with trace in for shep. >> this is "studio b." the irs scandal went beyond rogue agents in cincinnati. that's what we're learning from just released documents showing senior officials signed off on the targeting of conservative groups and those groups are filing a lawsuit. and it turns out it's tough to be a terrorist. that's according to a newly uncovered al-qaeda performance review. the terror group has issues with expense reports among other money day management issues. dire warnings of a deadly new virus on the move. health officials calling it, quote, a threat to the entire world. that's all ahead unless breaking