time. what a great opportunity for was that. thank you for his service. bill: thank you, chester. martha: thanks for being with us today. bill: see you on friday. martha: bye-bye. jenna: brand-new stories and breaking news. jon: there are new calls for attorney general eric holder to step down as an investigation is underway to find out whether he lied to congress. the latest on the growing scandal surrounding the ag. plus, terrifying moments at accompanies could he, a woman goes after two sheriff's deputies with a knife and scissors. how this all ended, ahead. and a new record, on top of the world the air force takes mount everest, we'll tell you about it "happening now." the attorney general of the united states in the hot seat under fire for his testimony in the reporter snooping scandal. good morning i'm jon

jenna: hi, everybody, i'm jenna lee. congress wants to know if mr. holder lied under oath when he testified about the government investigating news leaks. he claims to be unaware of any potential prosecution of reporters. now while there hasn't been any prosecution officially of reporters there certainly has been as we now know investigations. lawmakers are now questioning eric holder's honesty as critics call for his resignation saying he has to step down to restore public trust. he needs to mend some fences, and one of the places he's starting is with the news media. but his invitation to meet with news editors is not going over too well. shannon bream is live in washington with more on this. there were these meetings that are supposedly being set up and certain media outlets have responded to the justice department and what have they said? >> well, jenna from cnn to the huffington post and many others they say they will not pharpt in the meeting participate in these meetings if they are off

the record. the new york times says it isn't appropriate for us to attend an off the record meeting with the attorney general. the ap says we believe the meeting should be on the record and we have said that to the attorney general's office. if it is on the record ap executive editor will attend, if it's not on the record ap will not attend and instead off our views on how the regulations should be updated in an open letter. we are hearing that "politico" is going to send its editor and chief saying he will participate. he says this. quote, i routinely have half the record conversations with people who questions or grave advances about our coverage or news gathering practices. i feel anyone whether an official or ordinary reader should be able to have an unguarded conversation with someone in a position of accountability for a news organization when there is good reason. fox news has received an invitation as well, it's under consideration, jenna. jenna: in the meantime as we watch the different opinions circulate on that the house judiciary committee is giving the attorney general until next wednesday to answer some tough

questions. what kind of questions are they asking of eric holder? >> reporter: well g.o.p. leaders on the commit see say they believe there is a clear conflict between his testimony on may 15th, that he'd never been involved in or heard of potential prosecution of of the press for disclosing material, and the justice department's revelation days later that mr. holder had taken part in the discussions to obtain a search warrant of james rosen's personal emails. as you know that search warrant was based on the allegation that roads eve rosen had committed a crime. the attorney skwrerpb has to answer questions like this one, quote, how can you claim to have never been involved in the potential prosecution of a member of the media but you were admittedly involved in discussions regarding mr. rosen's email. virginia republican randy forbes says this is an opportunity for the attorney general to explain. >> we want to get to the facts of exactly what he did but i think when we find that out he had least had heard of it and heard of potential prosecutions. >> reporter: the committee's top democrat by the way says he

doesn't go along with this line of thinking. he says holder did not mislead congress when he testified. also white house press secretary jay carney says he believes the attorney general testified truthfully and he has the president's backing. jenna. jenna: congress is in recess this week. we'll see what happens next week when they are all back in town. shannon, thank you. jon: with scandals swirling around the justice department attorney general eric holder desperately needs a reset button. but his plans for damage control are running into some road blocks as he deals with fallout from the snooping scandal. it didn't help that he asked to keep his meetings with news editors off the record, meaning they cannot be the subject of stories when discussing secret subpoenas for reporters' records in the leak investigation. plus, he is facing new questions on capitol hill about his prior testimony. jonah goldberg is editor at large for national review online, also a fox news contributor. jonah, if you were getting one of those invitations to sit down with the attorney general and

chat about guidelines for, you know, -p reporters' sources and when it's appropriate for the justice department to go after them. what would you they will him? >> you know, i think what i'd probably do is probably gift my invitation to james rosen and send him as my proxy. i think that would be a lot of fun. look, i think that news organizations can come down on both sides of this question about whether or not they should go. i think that u know -- i understand why a lot of the -- a lot of the press has suddenly discovered a spine when it comes to this sort of thing. at the same time i'm glad that a lot of news organizations aren't going, even if i may disagree with some of their reasoning. i don't really need to hear a lot of preening from "the new york times" about all these things. because what i think what holder is trying to do here is trying to put all the scandal parts behind him and move forward on policy. it's very much like what barack obama says about benghazi, and

the i.r.s., he says, look i want to fix the problem, let's move forward, and what that is in effect doing is its bates basically it's an operation to say that all of the things that eric holder did wrong, all the rules that he violated. he violated the exiting rules. who cares about new rules? that's all behind us, and let's move forward, and it's an attempt to sort of buy in the press and i'm glad that the press is resisting it, whatever their reasons. jon: a little bit like richard nixon invitingth press to a meeting about future burglaries of democratic party headquarters is what you're saying. >> yeah it's an attempt to co-o park the press and say get them in on this process of moving forward and make all of the things that holder has already done seem like old news. i understand why holder wants to do that and i'm glad that the press is resisting it. jon: you mentioned "the new york times," the executive editor of that paper says it isn't appropriate for us to attend and off the record meeting with the attorney general, our washington

bureau is aggressively covering the department's handling of leak investigations at this time. you disagree where that rational? >> no, look, i think that that's a perfectly valid point. i think that, though, what is probably really motivating a lot of the mainstream media is they feel like they've been had. they've been treated like cheap dates by this administration for a very longtime, and now they are going to exert their principles and exact a price from this administration, and i'm glad to see it happening. it's sort of like, you know, stem cell therapy that they've regrown a spine. but i'm not sure that the times -- given how friendly the times has been to this administration for so long, their new found convictions kind of leave me cold. jon: isn't there one very big guideline already in place called the first amendment? >> there is. and, you know, you're not

supposed to treat, you know, reporters from any news organization as if they are agents of a foreign power and spies. i mean, i'm actually a pretty hawkish guy on leak administratioadd investigations. what this administration did is told a judge that james rosen fell afoul of the espionage or may have, and that is not what journalists do. i may be tough on leaks but they are not spies. and it certainly wasn't -- and now eric holder says that they never really thought that james rosen was going to be prosecuted, so either eric holder lied to a judge, or eric holder lied to congress. i don't see how he cannot have lied to both. jon: because he had to call him a coconspirator in that document in order to get the judge to sign off on it, is that what you're saying? >> right, he said that james rosen was a potential criminal. they actually had to name him as

a flight risk in order to keep it secret from him. they said he was a co-conspirator on a crime. that seems to me if you go to a judge and say you need to do all of these things, because he may be guilty of a crime and may need to be prosecuted, that is preparing for a potential prosecution. and then you can't go to congress and say, i've never been even part of a consideration of a potential prosecution for a journalist. those things are irreconcilable, at least as far as i understand it. jon: i know if rosen fled to cuba and didn't show up for work our washington chief would have his head. jonah goldberg thank you. martha: new information on a deadly poison found in two letters with new york city mayor michael bloomberg as the target. police say the letters tested positive for ricin. one went to the group mayor bloomberg founded, mayor against illegal guns based in d.c. the other was addressed directly to the mayor. eric shawn is live outside city hall in new york city, eric what is the latest from there? >> reporter: jenna you know they

say ricin is so deadly just a little grain of salt if inhaled or swallowed can kill you. the new york city mayor michael bloomberg says that will not stop him in his efforts in dealing with gun rights. the letters according to the american mail carriers union, they say they were mailed ten days og and may 20th from schreveport, louisiana. they are addressed to mayor bloomberg, one opened in new york city, the other opened in washington. of the one in washington addressed to the group mayor against illegal guns. bloomberg has been one of the nation's most outspoken critics on dealing with gun issues. he has been for background checks swell more gun control. one letter opened here on friday, the other one on sunday in washington d.c. opened on a park bench in a washington park where they say the man who hospitalized it is mark glaze, the washington director of mayor against illegal guns. despite the threat andes spite this danger bloomberg says he will continue his fight against gun violence.

>> the letter obviously referred to our antigun efforts, but there are 12,000 people's who are going to get killed this year with guns and 19,000 are going to commit suicide with guns and we are not going to walk away from those efforts. >> reporter: bloomberg is a billionaire and he has spent $12 million of his own money so far funding this effort, jenna. skwr*epbdz on the ricin this is not the first time this has been used, right? >> reporter: not at all. in fact it's kind of weird, this is the third time just in the last month or so that there's been a ricin case. just last week in washington state a man was arrested and charged with sending a ricin-laced letter to a federal judge and there is the famous case from last month when everett duskey down in mississippi was charged with making and sending h-fpl ricin. they were with mailed to president obama and mississippi

senator roger wicker. there is no information that that case or any other so far could be connected to the bloomberg case. this is all right now at this moment under investigation, jenna. jenna: we'll continue to watch for developments, thank you. jon: jury selection begins next week for notorious gangster james white thee bulger's trial. preparations underway for what some are calling the great american mop trial. we are hearing from a arizona mother of seven jailed in mexico right now on drug smuggling charges. her words next. ♪ bonjour ♪ je t'adore ♪ c'est aujourd'hui ♪ ♪ et toujours ♪ me amour ♪ how about me? [ male announcer ] here's to a life less routine. ♪ and it's un, deux, trois, quatre ♪ ♪ give me some more of that [ male announcer ] the more connected, athletic, seductive lexus rx. ♪ je t'adore, je t'adore, je t'adore ♪ ♪

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jon: right now crime stories we are keeping an eye on. a woman work, at a virginia costco shot dead. authorities say county deputies were responding to a disorderly conduct complaint when the woman went after two sheriff's deputies with a knife and stkeus scissors. when a stun gun didn't work they

hospitalized fire. one deputy was injured. an 8-year-old boy charged with stabbing his sister to death pleads not guilty in juvenile court. originally he told police he found his sister stabbed and saw an intruder running from their house. jury selection set to begin next week for the long awaited trial of gangster james "whitey" bulger. he's facing an indictment that includes 19 murder charges. court officials in boston expect hundreds of people to line up at the courthouse each day to witness the trial many thought they would never see. >> today i'm feeling much better. i was in shock. i'm like, this is know the real, this is not happening h. she's like, i'm here to help. i'm here to put criminals behind bars, and i said, thank god, i'm innocent. so i tell her she's going to help me.

>> that is the arizona mother of seven accused of trying to smuggle drugs into the united states speaking out from a mexican prison. she was arrested last week after the mexican military claimed they found 12-pound of marijuana under her seat on a bus. she denies she had a part of this at all. william la jeunesse is live from our los angeles bureau with more. william we know the next 24 hours are crucial. does her family expect her out any time soon? >> reporter: jenna they are optimistic but her odds are freedom are not good. 80% of those charged with a crime ph mexico are found guilty. nine out of ten without evidence, like fingerprints or dna and because mexico doesn't allow bail almost half of inmates languish in jail for months without a trial. which is why her family is fighting so hard to keep her case in front of the media, and the pressure on mexico city to act quickly. so here is what happened. the woman and her husband were travel back from a funeral in the interior when their bus was stopped at the military check-point which are common.

soldiers had everyone get offer the bus, they found 12-pound of pot under the couple's seat and arrested both and allegedly demanded $5,000 to let them go. they reviewed. soldiers released her husband but the woman has spent the last week in a mexican jail. >> they put my cuffs in my neat and my hands and it was horrible. no, i'm going to be free, i'm not guilty, i don't have nothing to hide. >> reporter: now mexico is talking with the state department and arizona senator jeff flake, they say she has a defense counsel, due process and mexico has a new president and he is eager to show a less corrupt mexico and that could work in her favor. jenna: the family is vehemently denying that they had anything to do with the drugs on the bus. there might be some skeptics out there. what does a drug smuggler look like? normal here they don't look like what you think. what when those who have

questions. >> reporter: that makes her a suspect. there are several reasons that this is implausible. number one mauled r-re the ph-ld r-res got on the bus with only a pwhrapblg a bag. witnesses say they took the last two seats on the bus, kind of coincidence there and lastly they would have been better to put this pot in their bags under the bus and had a let's chance of getting through the check-point. now, americans do smuggle drugs over the border. who better than this clean-cut devout more money couple, u.s. citizens with no criminal record? her husband insists they are innocent. >> we have high hopes that our defense is a strong defense and our case is strong and she will be proven innocent. >> reporter: a mexican judge will review the case on file if he does not rule she could spend

a few more months in jail until he does. back to you. jenna: good context for us. thank you. jon: some new troubles for zimmerman and his legal team after losing a round of motions ahead of his up coming manslaughter trial. zimmerman's defense lawyers are facing a new problem, how it could impact his case going forward. plus, another tornado outbreak, dozens of twisters reported overnight tearing across the nation's heartland carving multiple paths of destruction. maria molina joins us with more information about this storm that has, what, 3 million people in its path, right

jenna: now a fox weather alert on a string of damaging tornadoes touching down in the nation's midsection today and the threat is unfortunately not over. that part of the country is raoefl really bracing for more twisters, hail and even some flooding. maria molina joins us with all of that. >> we are talking about the very same storm system that plea duesed severe weather across the countries midsection exebgt p egd to proceed twos more severe weather today and as here head into tomorrow. in parts of text as all the way up to wisconsin. in wisconsin we actually had reports of damage yesterday, there were over 300 reports of damaging winds and enlarge hail and wisconsin was one of those states impact egd you can see all of the damage. because the storm system is such a slow mover it continues to produce areas of heavy rain in some of the same states and we are talk become flooding being another huge story, parts of illinois being drenched in rain and even seeing some flooding out in parts of that state.

the water actually rushing inventory to inventory to a college. an illinois college slows edda because of cleanup efforts due to the flooding concerns across the state and the flooding that has already concerned. iowa drenched by over a foot of rain in the last couple of days, today, eye louisiana, illinois and parts of wisconsin under a severe weather threat again. yesterday we mentioned to you that the storm prediction center actually upgraded the severe weather risk in parts of oklahoma, kansas and texas to a moderate risk. that is in place yet again today including oklahoma city and also moore, oklahoma, the town that was impacted by an ef5 less than two weeks ago today under a moderate risk. we are expecting storms to fire up all along the area from texas to wisconsin, damaging winds in excess of 60 miles an hour, large hail and tornadoes, a huge concern. the biggest concern in that area that you saw shaded in red including parts of oklahoma. one of the reasons why we are looking at all the severe weather is how warm it is. temperatures in the upper 80s.

91 in san antonio, in texas, even the northeast getting into some of that heat. 90 degrees will be the high temperature in afternoon in new york city, very unusual. by tomorrow storm system still a slow mover, oklahoma city you're again in the risk zone all the way up into parts of michigan. the storm system slow low moving eastward and actually, jenna and jon by next week it will move through the northeast, we are not talking severe weather but a cooldown from the heat. jon: after 90 degrees we'll take it. jenna: sounds good. jon: thanks, maria. some new developments in the george zimmerman murder trial to tell you about. sometime r-r's defens zimmerman's defense team says they are running out of money less than two weeks before his murder trial for the shooting death of try von martin. they are urging americans to donate money to his defense fund asking for another $120,000 to quote, give george a fighting chance. the request for cash comes after the defense team lost a round of key motions in court this week.

we have a criminal defense attorney joining us, and tad nelson a former prosecutor. tad, these pleas for money are not necessarily unusual, but does it affect the case at all? does it hurt the client? >> well, obviously it's going to hurt the client, but you know, jon from a prosecutor point of view you know it doesn't make a lick o of difference to me as a prosecutor. i've got a case to prepare, i've got to prove it beyond a reasonable doubt. it's my burden of production and persuasion and i know my witnesses, i've paid for my experts, i've done my due diligence. i've got my case to go. now, as far as what the defense is doing, and what they are asking for, that never concerned me, it never bothered me. i played my game, and i let them play their game, jon. jon: it's all going to come down to the jury selection, isn't it joseph? >> without a doubt. but it's not uncommon nor for a prosecutor not to care about issues regarding money because they have the funding. the reality is if you want the wheels of justice to turn for a

criminal defendant you need money. it's an issue that is faced by almost every single criminal defendant in the states here. so, the prosecution has an army of lawyers, an army of investigators, experts at their disposal, in order to get the truth out this is what you need. if mr. zimmerman is to have a fighting chance he needs money, that's the reality. jon: but, tad his team some have declared indigence and obtained public fundsee sepbg funds essentially getting him a public defender, right if. >> absolutely. that's what people need to understand here, jon. all this money they are asking for, best i can tell is going to experts, people, you know an exp earth to help them peublg the jury, an expert for the evidence, the money for the lawyers is coming from the donated money. you're 100% right when you say in if they would have had a public defender unfortunately you get a public defender. there are a lot of hard-working,

good lawyers that are public defenders but they are swamped with a lot of cases and obviously not as good as the lawyer that zimmerman has. if you look back in the last ten years most of the big cases that they get off have well-paid, well-e educated top quality lawyer. there is a relationship to how much money you spend and what you guess. i promise you that, jon. jon: originally the police declined to even charge zimmerman because they said under florida's stand your ground law he was covered. would you expect that to be one of the arguments in court in. >> without a doubt. there is so much evidence that needs to get out there. it's not as simple as putting a witness on the stand and getting them to say the magic words. there is a lot of preparation that goes into that, and that's where the money aspect comes into play. i don't want to make this case all about money, but what should come out is the truth, and the way you get the truth out is by having the ability to spend the correct money so that the truth is heard. jon: so, those experts you were talking about, tad, the experts,

you know, who will be called in to testify, they need to be paid. >> oh, absolutely. and you'd be shocked at what they are getting an hour. you know i watched the jodi arias and i think i even talked to you about jodi arias, she had paid all these experts that did a horrible job, and that's the scary thing about an expert. if you don't work with them, if you don't spend the time with them that costs so much money when they come to court they look like a buffoon. and that's what happened to jodi arias. jon: what when a jury selection expert, tad? i mean there are those, obviously, we've talked to them many times before on this program. would that be one of the first places you'd spend money? >> absolutely. yeah, absolutely. there are some of the best in the country that have done that. you definitely need that. heights amazing how they understand their craft and it's so important. like you said earlier when you were talking to joe this is going to come down to the jury and what the jury thinks and that's what is so scary here

because we all want a fair and impartial jury, or we all say we do. what we really want is a jury who thinks hike we do but we'll settle for fair and impartial. jon: does lack of money become an appealable point? >> it all depends on how that man tests itself throughout the trial. if there is an i ability to put forth exculpatory evidence then clearly it becomes an issue. jon: all right. we will watch this case obviously jury selection about to get underway. tad nelson, joe debenede to, to, thank you both. syria spilling over in that country's borders and with the middle east already a powder keg we'll speak with someone on the ground with a grow -- a look at what the growing violence could mean for the region. a an air force team reaching new heights. mount everest, in fact. their record-breaking trip includes pushups at the top of the world. their whole story next.

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jenna: right now new concerns that the syrian conflict could spark a wider war in the region. violence has already spilling over into different countries including turkey there on the map and lebanon as well. this happens as new clashes are breaking out in parts of syria with reports of rebels turn on rebels. extremist al qaeda affiliates taking control in some areas. meantime syrian president assad is saying he received the first shipments of russian air defense missiles

that were talked about earlier this week. that move is expected to increase tension in this two-year conflict and undermined some efforts put forward by the u.n. in part to start some peace talks. the arrival of these missiles is coming days after a visit from arizona senator john mccain. he met with some rebels and he says he is confident that we can send weapons to the fighters in syria without the risk that they will fall into the wrong hand. we're joined now on the phone by someone who spent a lot of time in syria and currently right across the border in turkey. tom peter, is a correspondent for "the christian science monitor". we talk to him when he is in d.c. now you're back overseas. tom, a quick question. i saw one report from turkey that the turkish military has returned fire into syria or across the border into syria. what do we know about that? >> yeah. the incident happened relatively recently so there's still not too much information out but what appears to have happened at about 1:00 turkish time

today a turkish armored vehicle received fire from someone on the syrian side of the border and may have returned fire. throughout the course of the war, you know, over the past two years there have been incidents where, you know, syrian fire has come into turkey and turkey has responded to varying degrees but for the most part the turkish military has always been relatively reserved in its response, presumably get drd into, you know, a military situation where there would be more than just a few artillery round it fires back. jenna: of course that is a big concern. we saw that the turkish president was recently in d.c. meeting with our president. it is certainly a topic of a lot of conversation. you spent, and told us this, in your time in syria you haven't seen violence like this ever in your career. you have spent a lot of time in afghanistan and iraq as well. so i'm curious what you make of a few different reports, one of them being this report out of "the wall street journal" that rebels are turning on rebels and

that really, the chaos is just at an extreme level inside syria? what are your thoughts about those reports and what's your experience? >> yeah, we've been seeing this for a long time in syria. there's, and in areas that have been controlled by the syrian opposition, one of the problems is that there's really no centralized leadership. we have these bodies, aleppo has the most, well-developed example where they actually developed this kind of a representative government where they had people from each kind of district of the opposition-controlled area go to outside of syria and elect these councilmen. now that the council doesn't really do anything because it doesn't have money. it would like to. it has a lot of plans but doesn't have resources. without any kind of central government in these areas, what you're seeing happening is factionalism. a lot of these different groups that are kind of vying for power, control or

influence are turning against each other because there is no unified vision in these places. some groups would like to see more of an islamic-style government. more would like to see more of a secular system. some would like to see a mix of it. so what we're seeing is, the longer this goes on, the longer this isn't some sort of unified leadership, the more we're seeing rebels having a really difficult time getting along. in some cases this is even escalating to armed or armed conflicts or violence between different rebel groups. jenna: what you're really describing there is not these clear defined lines between groups and that is one of the concerns that has been raised to arming the so-called rebels like the rebels are someone big group we can arm and know who they are. senator john mccain was in syria. he spent about a day there. you have spent a considerable amount of tile. we were looking at some of your photographs from inside the country. what do you think we need to consider when it comes to the decision about whether or not to provide arms to

some of these groups? >> well, it is really difficult, when you're doing this. i think the u.s. government though they haven't been too active in involvement in syria, when you talk to the people involved in this, in the state department and u.s. intelligence agencies they are doing a pretty good job, from what i've heard of mapping the human terrain, if you will, of looking at who is inside syria, what these different groups are. so if there is a decision they want to start sending weapons they should have a pretty good idea of who they can give weapons to. where it starts to get tricky, there is no clear divisions as to who's who and who's working with whom. so you have these groups that might be, you know, willing to work with america, that would have values or, would be a safe group for the u.s. to work with. but on the front lines they're working with groups that have connections to al qaeda or other groups that are, potentially

dangerous to american security. so, as these weapons are to get out there, there is, they could really shift to a lot of different things or different groups america might not be comfortable arming. also, should point out that, there's a, one of the people that met with senator mccain, is reported to have been involved in a fairly high-profile kidnapping case. it is really difficult to even, with people that we know and we trust, inside syria, that there's, there really isn't a clear answer as to who we can safely arm and know 100% these arms are not going to be used in a way that would potentially be counter to the interests of americans security. jenna: very interesting what you say about who senator mccain met with. again some of the different variables we should consider. thank you as always, tom, for the invaluable perspective. we look forward to checking back in with you in the next several weeks. thank you so much. >> yeah, my pleasure.

jon: well a new explanation from the lead singer of the group maroon 5. adam levine, "the voice" judge, explaining why he said, quote, i hate this country, on live tv. the "fox 411" on that. plus a team of us air men reaching 29,000 feet and not in their aircraft. their boots were still on the ground. a history-making climb by some of america's military heroes. we'll bring it to you coming up. if you're looking for help relieving heartburn,

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other serious stomach conditions may exist. don't take nexium if you take clopidogrel. relief is at hand for just $18 a month. talk to your doctor about nexium. jenna: new next hour, new developments in the irs profiling scandal. dozens of tea party groups now filing a lawsuit against the tax agency. we're live in washington with that. also a weather tracking company that has an app it says helps saved lives in moore, oklahoma. we'll talk to the company's ceo. an inspiring update on a wounded warrior we first spoke with one year ago today. staff sergeant travis mills lost both his arms and both legs to an ied in afghanistan. he joins us next hour to tell us about his next big project. jon: well maroon 5 front manned and "the voice" judge, adam levine responding to a big backlash after he was overheard muttering, i hate this country during

tuesday's episode of "the voice". levine making the comment after two contestants on his team were voted off by viewers. now he is explaining the incident. julie banderas has the "fox 411" for us? >> reporter: where else would a celebrity explain themselves for twitter, right? thank god for twitter. patriotic, emotional, misunderstood. mixed reaction to adam levine getting caught saying something he shouldn't have to an american audience. when 2/3 of team adam were about to be eliminated because of popular vote, his open microphone caught him muttering, i hate this country. the camera was focused on fellow coach blake shelton at the time but listen to what was said off-camara. >> only one more artist will join the others. for our top six live show. [shouting] >> i hate this country.

>> reporter: that remark has caused outrage in the twitterverse some calling for him to be fired, for being unpatriotic t could be perceived his comment was out of place since america had chosen to keep one of his singers on the show. two of levine's other contestants were eliminated earlier in the evening. after the show levine posted the definition of the word joke on his twitter page. he posted, definitions for the words humorless, lighthearted and misunderstand. in a statement to fox levine says, quote, i obviously love my country very much and my comments last night were made purely out of frustration being a part of the vois. i am passionately invested in my team and want to see my artists succeed. last night's elimination of judith and sara were confusing and down right emotional and my comments were based on personal dissatisfaction of the results. he has one left on his team

as sha -- sharear a and usher and break still has three if you watch the show. i'm sure he will watch his words carefully. as we all know in the telephone business, if we have a microphone make sure what comes out of your mouth. except for me a few times. we won't get into that. sometimes we all get caught every once in a while. you don't want to hate on your country. jon: no. at least tweet out the phrase in 140 characters or less. >> yeah, you sure can. i'm proud that you know that by the way, jon. jenna: just when, think about the time and energy we spend with adam, right? think about what these guys actually have done. american servicemen that are on top of the world literally. roll the video. can we show them next? reaching the summit of mount everest together. they're celebrating with a few pushups on top, jon. jon: i don't know how, i don't know how he had the energy. jenna: the leader of the us air force 77 challenge

joins us live with a inside look at the group's recor record-setting climb. that's next. ♪ .

jenna: some americanselves men -- american servicemen making history on the world's highest mountain. for the first time ever an active duty team representing the air force successfully climbed mount everest. that is not only the mountain they climbed by the way. one team member joins us on phone, major rob marshall, team leader of the usaf seven summits challenge. so, major marshall, i want to be clear about that, the department of defense, they don't have anything to do with you guys going up and

climbing crazy mountains. you just decided that you guys were going to go for this. why? >> well, jenna, actually the air force has been pretty supportive of us but, you know, it wasn't their idea because mountaineering is not a normal sport. a couple years ago i was looking for something to positive to do, i'm proud of america. i love the country and i wanted something really exciting in the news that would motivate both old people and young people to support the troops and just, be proud of the american flag. so we started in 2005 and look where it has taken, look where it has taken us. jenna: speaking of air force support for it, i should make a caveat, not an official sponsorship of the team or anything like that. how did they allow you to take time off? it takes some time to go on a journey like this. how was that arranged? >> yes, ma'am, it does take a lot of time and we actually used our own leave. we used up basically two years of vacation and quite

a bit of our savings to make this project happen, but every member of the team had a gut feeling that the positive impact this could have on americans and young people and in promoting things like physical fitness and mental health, that it was worth the time and money we were putting into it. jenna: you served for 12 years. you've been all sorts of places from iraq to afghanistan. we're watching video of you reaching the summit of he have rest, what did this feel like? >> i got to say i got emotional. i'm usually, just pretty straight-laced when showing tears or something but as i turned the corner, the sun was just hitting the summit of mount everest. years of basiy dreams coming true. we, a lot of people said we couldn't accomplish this, especially being active duty military. plenty of bosses say, hey, you're going to throw your career away focusing on this but they were a small group and larger voices are supporting us. man, jenna, reaching that

summit, it was proof to me if you follow your heart, great things can happen. i'm still processing the emotions of the whole thing. jenna: i only have 10 seconds here but why the 30 pushups at the top? >> we do it to honor our friend and comrades that have fallen in the, since 9/11. i lost a bunch of friends in a plane crash and some other air force academy classmates. i thought it would be a great way to raise money for military charities that support their families. and also just to show that physical fitness and team work can get you anywhere. jenna: major marshall, you certainly inspired all of us today. thank you for the time. we've got to keep rolling that video by the way of the 30 pushups. jon: very cool. jenna: we'll be back with more "happening now"

>> reporter: rick folbaum a brand-new hour coming your way with brand-new stories including a lot of no thank yous to an invitation for a sit town with the attorney general. news outlets say they are staying away pause of rules that the meeting be kept off the record. we'll explain. also the flowing number of groups now suing the i.r.s. saying that they were unfairly targeted because of their politics. the latest on what some are calling political profiling. remember the president's promise if you liked your doctor obama care would allow you to keep your doctor? new signs that that may not be the case. all of that and breaking news as it happens as the he second hour of "happening now" starts right now. phra

jenna: brand-new fallout from the justice department's snooping scandal. hi, everybody, glad you are with us, after noon on a thursday. it's great to have you with us. jon: it is a very big thursday when it comes to the news, i'm jon scott. as attorney general eric holder waits the decision from the house judiciary committee in a purple reinvestigation, his efforts to hold an off the report meeting with news outlets is hitting a snag. the sit down coming as the justice department is under fire for its secret surveillance of the "associated press" and fox news. "the washington post" and "politico" have accepted his offer to meet off the record. but several other maimer media organizations are saying no, objecting because of the ground rules. those organizations include "the new york times," the "associated press," the huffington post, cnn, national journal, the mcclachey newspaper group. other news outlets including fox have been considering their

positions. joining us now is chris wallace the aping of "fox news sunday," chris? i've got some news for you, fox news is joining that list of groups that are not going, skult executive vice president michael clemente has just announced that fox news will not attend the meeting with the attorney general if the meeting is off the record. what is most interesting is this means that the two news organizations most trebgt le directly involved, fox news, associated press, of course the "associated press" the justice department got records 60 phone laws involving thousands of phone calls of ap reporters. and fox news the employer of james rosen the journalist whose emails and phone records were seized by search warrant. those two news organizations motor directly involved are not going to attend the meeting, the so-called charm offensive with attorney general holder if as it is currently set the meeting is supposed to be off the record.

jon: we mentioned the several media organizations are not going to go, now to include fox as you've just told us. everybody seems to have a slightly different reason. i wanted to put on the screen, ron fo r-rborney. he says the media's fundamental job is to fine a light in the darkest corners of government. meeting secretly withhold der borders on hypocrisy. what do you think about that chris? that is almost precisely the point. that is a news story, this isn't just something that affects us, it is a news story that we are covering right now which is the attorney general, and the justice department's decision to seize all of these records and in the case of the james rosen case, here is eric holder who said to the house judiciary committee on may 15th i've never heard of the idea of a potential prosecution, i don't think it's something i would ever want to do, and then it turns out that he signed off on

the affidavit seeking the search warrant in which james rosen was named as having criminal liability, a potential aider, abettor and coul co-conspirator and in particular spoke about potential prosecution of james rosen as a reason why the judge should grant the search warrant. the idea that fox executives will sit down withhold hold, the main player in this story, after the record at a time when he is a major part ever the news story i think that forney has a point it would be hypocritical. jon: this is and administration that promised to be the most transparent in american history. what would be the harm to them if holder relented and made this an on the record discussion? >> well, assume that most of the people there, the news executives who are all reporters in their own way would be asking holder, well did you sign off, did you do this? holder could either stonewall them and say no which wouldn't look very good or talk and give

explanations, and give explanations which you could argue he should and could do. holder is facing a letter from the house judiciary committee who was asking a bunch of these questions and raising at least the possibility, did holder lie to or mislead the house judiciary committee with that testimony a couple of weeks ago in mid may when he said the potential prosecution of a reporter? i'd never consider it. jon: just about an hour ago joan goldberg from "the national review." online was sitting in that seat and when asked about all of this he said, look, what the administration is trying to do here his move the ball forward, they are trying to get reporters to say, oh, let's forget all about those ap phone records, you know, spying on ap phone calls for a couple of months, let's forget all about looking for james rosen's personal emails and his parents' -- the phone numbers his parents are calling. let's forget about all that and look forward and create some new rules so that this kind of thing doesn't happen in the future. do you see it the same way?

>> well, no, because i don't think that the justice department is that foolish to think that they are going to get ap or fox or any of our colleagues in the media to simply forget about what's happened. i mean this is a big deal, the fact that they seized these records, and in the particular case -- i think this is the bigger deal in the fox case that they considered the prosecution or at least told a judge they were considering the prosecution of james rosen, a reporter, and then remember we don't know of a single case under the 1917 espionage act, the law has been around for a while, almost a hundred years where a reporter has been prosecuted for receiving information. you know, not leaking information, which is what they typically prosecute officials for, because they have sworn an oath not to divulge this information, but reporters take no such oath, and there has never been a successful prosecution of a reporter for that. there is no way that we are geeing to forget that. i think that is one of their concerns and why they wanted to

make it off the record because they know reporters. the news executives who would go to this meet be would be asking, what did you do? why did you do it? what were you thinking? holder could stonewall or explain and they think neither one is a very good option. jon: chris wallace with the headline that fox news will not attend the meeting with the attorney general as long as it's off the record. chris, thank you. >> always glad to break news especially about our own company. jon: chris wallace will have more including an exclusive interview with the chairman of the house judiciary committee. check your local listings for your broadcast channels and times in your area. jenna: it will be interesting to see if the doj decides to put the meetings on the record and then the meetings would continue for many news organizations, not just our own. jon: what if they tkpwhaeuf gave a meeting and nobody came? jenna: that would be surprising. in the meantime another top story we're watching, a new legal action in the i.r.s. political profiling scandal with

an advocacy group now filing the biggest lawsuit to date on behalf of dozens of tea party groups targeted by the tax agency for satisfactory extra scrutiny. the lawsuit naming embattled attorney general eric holder and i.r.s. official lois lerner who last week hook the fifth and refused to testify before the house committee investigating the scandal. doug mckelway has been watching the story. >> in addition to that the i.r.s. has undertaken its first effort at damage control. the acting i.r.s. official announced he has a i pointed david fisher to become his chief risk officer. he says fisher will assess the internal operations and procedures to mit gays risks and improve internal controls necessary for restoring the integrity of the i.r.s. operations. restoring integrity at the i.r.s. is urgent. many believe the scandal has left the service deeply dysfunctional. >> i think the sad thing is it's just shutting them down. i know that sound good maybe to a lot of people, but the truth

is a lot of businesses, businesses i work with like on the r and d credit, low-income people with the low-income credit, a lot of people interact with the i.r.s. they do important work, antiterrorism work. across the board they need to be working. my concern and sense is they are shutting down across the board. >> reporter: evidence of that dispute assurances from the obama administration that the targeting has stopped, the organizer of a tennessee conservative group says he's still being denied tax exempt status after a third i.r.s. letter he received this month. >> the fact that this would go on after the fact it's just general knowledge in the news, is stunning. >> reporter: and the northeast tea party is among a number of groups and individuals now suing the i.r.s. >> we sort of gave the i.r.s. an ultimatum, we said if we don't have a response by friday of last week then we were going to sue the i.r.s., and being as arrogant as they are they didn't respond, we heard nothing.

so today we filed a lawsuit, not just against the i.r.s. but also against lois lerner, steven miller and a handful of other key players. >> reporter: a poll released just today find american voters by a 76 to 17% margin including 63 to 30% democrats want to see a special prosecutor to investigate the i.r.s. targeting scandal. jenna. jenna: doug mcelway, thank you. stpwhao remember that promis jon: remember that promise from the president. >> if you like your healthcare plan you'll be able to keep your healthcare plan, period. [applause] >> no one will take it away, no matter what. jon: well you remember that promise from the president about four years ago? it might not be true. the "associated press" reports many americans who buy their own health insurance could soon be getting letters in the mail canceling their current policies all because of the president's new healthcare law.

let's talk about it with ab stoddard associate editor and columnist for the hill. what is going on here? the health plans are too good, is that the idea? >> well, there will be standardized coverage under the programs offered in these exchanges where people can get subsidized coverage that meets new standards in the law. the problem is employee provided coverage, and some of the self-insured packages that people buyout on their own away from our employer are subject to change once the insurance companies are abiding by the new law and they will be under full -- they will be abiding by it in full by january of 2014. it's been phased in over time. but by next valentine's day we are all going to know just how many changes had to occur within our own plans, what is going on with the exchanges, if we have to go out and buy a new plan, and there is so much uncertainty because those exchanges are not

set up, small businesses do not know if they will be able to cover their employees that they have now with the package that they used to give them whether or not they have to get them a new package, none of us know most importantly about cost. if the young people who are healthy in this country don't get into those pools, then serving the sick will be costlier and prices will go up for everybody. not only are people not sure what insurance plan they are going to have next year, none of us can be sure of the cost. jon: there were will 50 million people uninsured as i understand it and the president's goal was to get insurance coverage for all of them. as a result of trying to get that done, if other people who had insurance are losing it, that seems awfully backwards. >> right, and that's what we don't know, in terms of how much pressure there will be on the new exchanges. those new exchanges are supposed to be up and running october 1. that is four months from now. they are having trouble within the administration getting those

set up on a state-by-state basis. many states are resisting the plans to expand medicaid. let's say you used to be on medicaid, now you're going to fallout of eligibility, then you're going to go on to the exchange. how many subsidies will be there for the people pushed out of medicaid or pushed out ever their employee-covered plans? we don't know yet, and the administration doesn't know that either. so, in trying to improve access, and insure all these uninsured people the system is the exchanges and the subsidies but they are not sure at that date that those will be able to cover everybody. jon: wow, lots of well information yet to come. it's going to be an interesting year. ab stoddard from the hill, thank you. jenna: speaking of healthcare the government announcing new rules on how much coverage will cost when the new healthcare law takes full effect a few months from now. if you're overweight or smoke or don't take part in a wellness program you may get hit with big fees. on that just ahead. also, an update on a story we've been watching for over a year now, staff sergeant travis mills

will be joining us. you may remember him, he's the wounded warrior that lost both arms and legs in afghanistan. last year on this day we smoke to travis for the very first time. wait until you hear what he's up to now. that's coming up.

jo a few months from now the president's healthcare law will take full neck. we are learning new details about just what some americans will be paying for coverage. the department of health and human services just time hraoeuzed a new set of rules and for example regulations for people who smoke or have a high body mass index or choose to not

to take part in wellness programs provided. that cost mean a digs tphal niece for them. chief national correspondent jimming i willess live with more? lots of additional fees, jenna. the new healthcare law tells insurers they can't charge more for preexisting conditions and not as much as they do now for older people who use more healthcare. the administration has just issued regulations that do allow insurance providers to charge far more, as much as 50% more to those who smoke and as much as 30% more to those who are overweight, have high cholesterol or high blood pressure if they don't participate in what are caldwell necessarare called wellness programs. >> they are trying to ban discrimination based on health status, on the other hand they are trying to say some discrimination based on health stalt tuesday is good discrimination. >> reporter: since smoking in particular is correlated with lower incomes this will make it much harder for poor people, listen. >> allowing premium

differentials based on these factors will push premiums higher primarily on people that will be struggling to pay the premiums in the first place. >> reporter: a new regulation is 127 pages long dictating every aspect of how employers must run wellness programs, such as smoking cessation and gym memberships and the like an and they are not required to offer wellness programs. some could drop them all together. in the state exchanges there is apparently some flexibility was washington d.c. recently decided not to charge smokers more but state exchanges can let insurers charge more if they wish. there is one giant irony in all of this. jenna. on the day the hhs released the new regs it released a new study, listen. >> a rand corporation study which was paid for by the obama administration and called for in the affordable care act, and the rand corporation has studied wellness programs all over the country and basically says, they don't work. >> reporter: now, what that

found was that people lost an average of one pound a year for three years, which doesn't take you very far. also, on gym memberships people obviously who are interested in going to the gym are already going to the gym, and are unlikely to smoke. jenna. jenna: okay. so if you smoke you're in trouble, but if you go out and take 25 shots of tequila you don't get any extra fee for that. it's kind of a bizarre example, but that's hard to know where you draw the line, jim. >> reporter: they are not going to charge you more for girl's night out that is true. jenna: well, to i like my tequila, no i don't. strike that from the record. it's a blurry line. it will be interesting how they navigate this very much -frplts right, and you know a lot of things are hereditary, how do you decide whether obesity or high blood pressure is hereditary and what is not. it will be a tough call. jenna: quite a story.

see you at the gym. >> reporter: yeah. jon: fox news alert, we have told you that mayor michael bloomberg of new york city received a letter that apparently was tainted with ricin, the deadly poison of the group that he heeds mayor against illegal guns also received such a letter. now we are getting wouldrd thaword that the white house mail facility saying it intercepted a letter, did not use the word ricin. it says it is similar to the letters september to mayor bloomberg and mayor against illegal guns. those letters were post marked in sraoef sraoefr shear port, louisiana. it has intercepted by a facility off the site mail addressed to the white house doesn't go to the white house immediately. it appears the secret service has its hands on that and and investigation is underway.

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jon: "happening now" is it better to be red? a new study finding red states out perform blue states in recent years when it comes to economic growth and it could stay that way for the foreseeable future. molly hen aburg is live from washington with more on that. >> reporter: hi, jon. this new study ranks the 50 states in economic outlook meaning their potential to grow economically and this year and in the future. it measures the states on 15 variables, everything from tax rates to minimum wage laws to labor policy to get a predicter for how these states may fare economically. let's look at the top of the

list and topping the list for the 6th year in a row utah, in part because it has a quote, predictable tax climate and because utah has captive government pension payouts. organizers of the study done by alec the conservative think tank point out that the top ten are almost all red states. >> elections have consequences, and fiscally conservative states are doing better when it comes to economic growth. obviously median income levels in new york and some of the big cities stilling governed by liberal politicians are still -- still have high income levels but those levels are not growing at the levels of other places across the country. >> reporter: the bottom ten states in economic outlook according to this study tend to the blue states with higher taxes and more restrictions on business development. with new york and vermont rounding out the bottom two. but not everyone thinks those states on the bottom are getting it wrong. >> it's hard to say that states should try to pattern themselves

after utah. states have different strengths and weaknesses, so, for example, i know the authors are not fans of of the income tax but in good years the income tax performs very well for states like new york and california that rely on it heavily. so should california and new york try to look more like utah, probably not. >> reporter: another part of this study looked back at the state's economic performance from 2001 to 2011. the state that grew the most during that time was texas. and the state that struggled the most during that time was michigan. according to this study's calculations. jon. jon: i was in texas over the weekend, man, things are booming down there, molly. >> reporter: that's what the study finds too. jon: all right. molly, thank you. jenna: new controversy over the attorney general an efforts to hold meetings with news outlets in the wake of the justice department snooping scandal. some major media organizations including our own is deciding not to attend these meetings if they are off the record. the impact this could have on

the investigation and the future of eric holder. we'll talk about that coming up. also oklahoma once again in focus as we're watching wild weather that could affect the state today, this as the cleanup continues from the killer tornado in the city of moore. up next we'll talk to a company that says it has an app that will save lives. part of our spotlight on small business just ahead.

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jon: back to our top story,

attorney general eric holder's review of justice department guidelines in the wake of the snooping scandal see roadblock as his efforts to hold an off the record meeting with news outlets hit a major snag. a growing number of news organizations now including fox news saying they will not meet with the attorney general if the meeting continues to be off the record. joining us now, juan williams, fox news political analyst and erick erickson, editor at redstate.com, also a fox news contributor. to you first, juan, what do you suppose the attorney general wants to do here? call the press together, serve them some coffee and snacks and try to stroke some eagan foes and undo some of the damage that's been done? >> such a cynic, jon. of course. jon: of course. >> i think there's a dog-and-pony show element to this, that he wants to make it apparent at the orders of the president that this administration is not at war with the press and trying to work with them to set some

guidelines how to deal with reporting on national security issues. as you just reported though, what you're seeing is that organizations, leading organizations like "the new york times", fox news, have said if this is off the record they don't want any part of it. "politico", "washington post", their leadership has taken a different approach. they will be attending these meetings. but again the idea for the justice department to make a show of, i think, some pending relations with the media. jon: eric, you say this attorney general in your view has no more credibility on this topic? >> i don't think he does. i think it is probably time for him to resign. he is a drain on the administration right now with some people fixated on it. he said he didn't sign off on james rosen, associated press. we know his signature was on the documents. we can give him a pass because he is ag and people shove stuff in his face and

expect him to sign it does the buck stop with him or not? the white house is referring questions to the doj they are referring questions every which way. i think it is time for the tone general to say he had his fun in washington and time to reboot. the press deeply mistrusts him. that they won't take an off the record meeting with attorney is very telling. jon: juan, do you agree has the attorney general reached point where he is damaging his boss, the president? >> no, if you look at the polls that is not the case but i think it is the case given he has been held in contempt of congress, remember the "fast & furious" case, jon, and now continuing questions about whether or not he told the truth with regard to being previously involved with prosecution of any reporters, that was before it became public that he had signed off on the affidavit for james rosen's e-mail and the like, these, he is clearly a political lightning rod. as you heard from aerck, there are calls for him to

resign almost exclusively coming from the right. jon: the relationship between government and media, has always been contentious, you know, since the founding of this republic, but generally things have worked pretty well. the notion that this administration wants to call a meeting together and get a confab underway of, you know, what should this relationship be seems a little, either disingenuous or maybe astounding to me? >> jon, i would challenge your presupposition with this administration the media largely has been lap dogs. that hasn't been a contentious relationship until recently why the associated press scandal is biggest scandal of all. i think had they not done that the press would give a pass on the irs and benghazi. now his core constituency is upset. that is why the scandal rages on in the media. they have been largely complacent for five years and now the administration made the mistake of turning

their sights on the media. jon: erick erickson, juan williams, fox news decided not to attend that meeting as long as it is off the record. thank you, both. >> thank you, jon. jenna: let's check in on the markets, find out how our money is doing today. stocks are trading higher on the dow as we learn the number of americans filing first-time unemployment sup this week, higher than economists expected. there is the number. a little word of caution on the job market but overall stocks are doing good, driven particularly by the financial sector. time for the spotlight on small business and today talk a little bit about timing. we caution about the bad weather in the middle of the country, we'll talk to a company in the business of tracking big weather events like tornadoes. we have michael isles, weather technologies. we first learned about your company when we were covering the horrible tornado. not too far from where you are right now in moore, oklahoma. and you were able to calculate the probability of a huge tornado coming

through the same exact spot twice. tell our viewers a little bit about the chances of that happening. >> well, we, you know, tornadoes are very rare, big f-5 torenados are extremely rare. one in 10 million chance it hits any one location. the chance of happening twice in 15 years, if you multiply 10 million by 10 million, it is one 10 trillion chance of one location hitting a with an ef-5 in one 10-year period. jenna: how do you come up with the probability? how does your company do that. >> based on study of density of big, violent tornadoes done by many researchers over many, many years, what is the twister's chance of a given location. it is basically a statistical problem. it is a rare event. harder than winning the powerball, basically. jenna: wow! looking at an app your company has made of the just tell us a little bit what your company does and what this app provides

consumers. >> well, our company is a very high-tech leader in the weather space and we do a lot of work and we call casting what is happening right now, where is dangerous weather in the next half hour and two hours, and we provide alerts to people. we have an app, i-weather radio, follows you on the phone. sends an alert where you're at and able to give people lead time on say, 20-minute lead time, passing national weather service tornadoes to people, in moore, for example, we know, of at least five people called us afterwards said you saved my life. that is very powerful. jenna: is it free? >> it is a 9.95 app on the store. jenna: i was curious about that. we talked about the national weather service a lot. interesting to see other businesses are set up to compliment some of the other information out there. real quick, michael. we talked a lot about health care this hour and i see your company is hiring. that you have 70 employees. i'm just curious how the health care law has affected you or your outlook and how

it has been for you overall? >> well, we're a small business. so any costs causes problems and, you know, that kind of cost is just another ad-on, maybe takes away one employee from us being able to invest in other things instead of health care. jenna: interesting. michael, great to have you on the program. weather decision technologies. our viewers especially some of the areas affected by tornadoes should check out your app. appreciate the time. thank you so much. >> thank you. jon: you know you have recruiters for time-share sales for instance and holiday cruises but for welfare? where recruiters are actually signing up folks for billions in government benefits and guess what? you're paying the bill. plus, the word impossible not in his vocabulary. an update on the 82nd airborne's travis mills i want to make things more secure. [ whirring ] [ dog barks ]

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jon: well it could be the archeological or maybe pay lee and logical. wooley mammoth remains. >> the remains are in such good shape that sigh i 'tises think there could be enough dna contained in them to possibly clone this. it's amazing when you consider this beast has literally been on ice for the last ten to

satisfactory thousand years. the wooley mammoth discovered last month during a russian expedition on a remote island in the arctic ocean. when they cut into the remains they found blood and muscle tissue it was so well preserved. the kind of things you would expect to find in something newly diseased not something extinct since the ice age. the russians brought in a suit korean scientist, the first to clone a dog back in 2005. if you're thinking about booking your tickets to the next injure ras kick park you'll probably have to wait. that kind of thing is the only thing you're likely to find in a michael crieton novel. jon: very cool. bring book the wooley mammoth. jenna: i don't want to run into one of those things in central park. "happening now" an update on staff sergeant travis mills of the 82nd airborne. we've been following his

recovery after an iede khraougs lefspayed explosion left him a graduattkpwaud raotkpwaud quadruple amputee. here is what the last year has looked like for travis. he has gone from being in a wheelchair, that is his little daughter chloe by the way riding along, a few months old. he's gone from that to standing on his prosthetics he's received, some of the legs that he received and trying to move him along to this next point because you're going to be able to see him, well there he is, walking with his family, tall as ever. here is what travis told us last year on this day about his injuries. >> actually i've been in contact with them, i actually skypeed with a couple of them last night. i miss them i wish i was there,

i wish i didn't have a case of the mondays on april 10th. every now and then people have bad days at work and my bad day at work had me come back to the states, you know. i miss them, i wish i was there at the same time i'm glad i'm home with my wife and my baby. so, you know, it's good either way i guess. i mean i don't like having my arms and legs gone but with all the technology out there and everything they are doing for me i'll be able to drive, wraubg, i can still talk and i still have my moneymaker i didn't get hit in the face, so. jenna: moneymaker, really? staff sergeant travis mills joins us on the phone. how is the moneymaker today ph. >> it's doing good. i've actually lost about five pounds. it's skinny, but looking strong, looking strong. jenna: strong as ever. so, you know we talked the first time we met over the phone was today last year, and it's been an incredible year and i'm just -- just tell our viewers what you're up to. >> well, i'm actually finishing a month-long trip of traveling.

i went up to boston to visit to of the victims up there. then i went to california to film a psa commercial for a nonprofit organization and then i went to michigan to speak at the senate on the floor for a mormon service. then i came to maine to hang out and they are starting a veteran's camp up here. it's going to be really great, people come up that are veterans and amputees and nonamputees alike they will come in and have all these sports and things set up. i just happened to mention to my wife's aunt and uncle, and they liked the chance and this thing will be amazing. jenna: we have photos and video of you and c h-rbg lo chloe hanging out in your kitchen. i'd like for them to pull up photos of the camp. tell the viewers what you're trying to create up there with your team. >> really i just had the idea of having a good place for veterans

to go to. i never felt so independent and so i guess stable without with what things are going to be in my life. i went snowboarding in colorado and said how great it would be if you could have a place for sports and rebuild your confidence and hang out. if there are other amputees and veterans up there, it will be great with activities. it will be all year round featuring things from snowboarding, trail riding, just amazing things all year round, fishing. bow boating. jenna: we will put the website up on our website so people can learn how to support the camp.

travis i don't want to give too much away. but we hung out a little bit a few weeks ago at walter reed bethesda. coming up in a few weeks around july 4th we will rehave packages that wilhave badges that show oupackages that will show the i vied world of travis mills. jon is volunteering his anchor chair for you to take it for a spin because i know that was something you were interested in. jon: bring on the moneymaker. jenna: are you ready. >> july 3rd is what i'm hearing. i'm not going to start any rumors. it's a possibility. also that movie premiere we just set the date, signed the contract with the theater, it will be in a theater in dallas, texas on august 15th. gentleman so beyond all of the things travis is doing, including speaking to the michigan state senate, setting up a camp for veterans, he's also the subject of a

documentary film as well, so, you're an incredible inspiration travis, thanks for the update and we look forward to seeing you in a few weeks. we are going to hold you to that date just so you know. >> thanks for having me. you have a wonderful day, enjoy the weather. jon: great guy. jenna: are you ready for that. jon: yeah, any timwe'll be righh more. i'm in my work van, having lunch,

next minute i'm in the back of an ambulance having a heart attack. i was in shape, fit. i did not see it coming. i take bayer aspirin. [ male announcer ] so be sure to talk to your doctor before you begin an aspirin regimen. see your doctor and get checked out.

jon: we told you earlier about the possible return of the woolly mammoth. now to another bizarre creature story. nasa's curiosity rover is up on mars and snapping a picture of the what looks like a rat on the red planet. you see it in the photo, right? could it be? well, we'll get you evidence in a second. derek pitts, the chief as stronger in at the franklin institute plan net tear yum.

derek, i don't know what you think about the possibility. but the folks at ufo sightings daily are the ones who brought it to planetary attention. here is the wide shot again and, if you look in the, way over to the left there you see that square box. we've blown it up and inside the red circle, there is the squirrel. the rat. on mars. hmmm. what do you think, derek? >> well, my thought, jon, it looked more like a gopher than anything else. so --. jon: you're such a kept tib -- skeptic. >> i can't recall there is very much food on mars for any creatures to eat anyway. jon: we built a side by side by viewers to get a look at what we're talking about. that thing in the middle of two rocks on marches, some are saying's a squirrel. in fact there is a conspiracy theory argument going on ufo sightings daily

among people who think that the rover curiosity took a squirrel up there on mars and released it just to see how it would handle the martian environment. derek, that didn't happen, did it? >> no. peta would be all over that first of all. the other problem of course, nasa didn't have room on the craft for such a creature to make a trip anyway. it is a long arduous journey. the environment on mars would not support that form of life anyhow, under any conditions. so there is no way there could be anything like that on mars. jon: and, to be serious, nasa takes great pains to sanitize and sterilize everything. they don't want to go, you know, releasing rodents on another planet. >> that's a very good point, jon. we went to great effort to make sure that we weren't carrying any microbes to contaminate the planet in any way. if the mission of the rover is to try to figure out whether or not there were environments conducive to

life it wouldn't do any good for us to precede the situation with earth organisms any way. jon: i would like to send some of the squirrels in my yard to mars but that didn't happen. derek pitts, good to have you on. >> thank you, jon. i do a lot of research on angie's list

before i do any projects on my own. at angie's list, you'll find reviews written by people just like you. i love my contractor, and i am so thankful to angie's list for bringing us together. angie's list -- reviews you can trust.

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>> jon: yeah, it is jenna lee's birthday. >> i knew you guys were up for something. i knew it. >> jon: we couldn't ask you which one but we did get you a cupcake. >> thank you. i will split that with everybody. the crew especially and you too, jon. thank you very much. >>'n. >> jon: thank you and thanks for joining us. >> jenna: not a day over 25. "america live" starts right now. >> megyn: happy birthday, jenna. fox news alert on some bad news for the justice department as it tries to deal with the scandal that is leading to calls for the attorney general to resign. welcome to "america live," everyone. i'm megyn kelly and the news has been breaking now for the past hour on this scandal. we have been reporting in recent days on how the doj is taking fire for spying on journalists, including the associated press and fox news correspondent james rosen. all without notice to the spied upon reporters. in what many view as a major violation of first amendment rights. the scandal has now reached a point where we