he. bill: i want to thank you for carrying the load this week, because man it was not easy. martha: never, never, you're doing great. thank you everybody for being with us. have a great weekend. happy friday. "happening now" starts right now. we'll be back on monday. bye, everybody. jon: a friday morning, we begin with brand-new stories and breaking news. jenna: new information on a string of scandals swirling around the white house from the ouses. targeting conservative snooping on reporters. karl rove and pair bear and what we now know. graphic photos released for the very first time showing the bloody scene where olympian oscar miss tore just shot his girlfriend to death. the latest information on that. an astroid heading towards earth, how close could it come? we'll tell you, it's all

happening now. the new reaction from the justice department to accusations attorney general eric holder lied to congress. hi, everybody, great to see you i'm jenna lee. jon: i'm jon scott. a justice department official said attorney general eric holder did not lie and that prosecutors never sought approval to actually bring criminal charges against fox news reporter james rosen all of this happening after the justice department named rosen as a coconspirator in a leak case in old to seize his emails and phone records. the just this is department is saying it does not anticipate bringing any additional charges. bret baier is the anchor of special report, so this meeting, or maybe the first of several meetings has taken place, bret between the justice department and representatives of news organizations. by chance did the justice department apologize? >> reporter: not that we've heard. we were not in the meeting but

have talked to others who were and the guidelines by the way of that off the record meeting were changed a bit in that they let journalists and executives there talk generally about what happened in the meeting, and some specifics as well. we don't have a specific line of apology but we do have that the justice department is saying that they would be willing to change the guidelines by which justice goes after investigations involving journalists. and changing those guidelines would involve not listing someone like james rosen as a co-conspirator or that he would have criminal liability in order to get the search warrant that even aeubd them to ge enabled them to get the emails from james rosen. the point is, if you go with they were never going to prosecute him ever and that's why eric holder did not mislead congress or lie under oath in his testimony on may 15th, then you have to say that the

affidavit, the search warrant for the emails was not truthful. jon: right, because they are calling him a co-conspirator, meaning somebody who potentially committed a crime in their view. they call him that in the request for information that they filed with the judge in the affidavit, but then they don't have any intention they say of going after him criminally. >> reporter: sure and then there is a line actually before that that doesn't get a lot of play, we focus on the co-conspirator and whether he was tied to that, that following line, the line before that where they say they can't just ask james rosen for his emails because of the possible criminal liability that he holds, and that if they ask him they say in the search warrant that would risk the investigation. well that doesn't sound like someone that they are not going to move forward with prosecution.

but the justice department and attorney general holder are saying they never had any intention to do that and that's why the may 15th testimony is accurate. jon: we announced yesterday, actually chris wallace mentioned it on "happening now" that faction had decided not to attend the meeting. would i say that most of the invited media organizations did not attend, although some big names did attend, the "wall street journal" was there. abc news was there. clearly this tempest is not over despite this meeting with the attorney general and his people. >> reporter: no, and, you know, we are getting bits and pieces about that meeting, and some elements, some of the news organizations wanted to bring their lawyers with them. that wasn't allowed yesterday, but today they are going to allow that. you're talking about they want to talk about going forward. they want to talk about what is next and how changing the guidelines, and changing the structure of these leak investigations when it comes to journalists going forward. i mean there are obviously a lot of questions going backwards,

and those we don't have the answers to from that meeting. jon: right, and the supposition by some people is that essentially they are trying to change the topic at the department of justice. they are trying to get the media and the population in general to say, oh, okay, that whole thing with the ap's phone records, and with james rosen's personal emails and his phone calls and his parents' numbers, all of that is in the past, it's been dealt with, they've got a new set of rules now. >> reporter: sure i mean the quotes that are coming out we have had a constructive meeting. we don't really have details on a lot of the things that we wanted to ask. jon: all right. bret baier, the host of "special report" good to have you on, thank you. 4. >> reporter: thanks, jon. jenna: the disturbing new details in the boston bombing investigation today. fox news obtaining the latest issue of al-qaida's notorious magazine "inspire" the edition is a clear effort by the terror

group to capitalize on the boston attack claiming the deadly blast are proof that u.s. security measures are nailing and warning of more attacks in the future as well. catherine herridge is live with more on this big story. >> reporter: thank you. u.s. intelligence officials pre tkeupbgted even before the web magazine was released that al-qaida in yemen would seek to capitalize on the bombing or propaganda purposes because it's the type of lone wolf or cell attack that terrorists have been pushing. there is no evidence that the tsarnaev brothers who were responsible for the bombings were trained in yemen they were followers of "inspire magazine "kw-bgs. the magazine begun by two americans both ultimately killed in a cia drone strike two years ago is seen by intelligence officials as pure propaganda and not a vehicle for coded messages for a possible trigger phone an attack. they attempt to deliver a threat to the english speaking readers. quote, the war is yet to ce, a

se. it has barely started. yesterday it was baghdad, today it is boston. you should be asking, where is next? and al-qaida in yemen attempts to draw a connection between the boston bombers and the barbaric attack in london has electric where british soldier lee rigby was butchered to death in the straoept. they conclude the terror network affiliates have lost ground last year but they are adapting, quote al-qaida affiliates are increasingly setting their own goals and specifying their own targets. events in the middle east and north africa have comma indicated the counterterrorism picture. >> it is intended to provide a snapshot of the year 2012 and focus attention on the continuing threat that international terrorism poses to the national security interests of the united states and its partners, and what the international community is doing in response. >> reporter: including a section in "inspire" on the london

attack shows the magazine was updated with relative ease within -pt last week and more significantly that it's authors are apparently not deep in hiding on cut off from current events. jenna: do we know the distribution? i know it's not a real magazine like we understand it. do we have any idea on that? >> reporter: there is not a good ballpark but the problem with this magazine is that there is really no way to take it off the web once it's there, and the reports is that this is the first time they've used twitter to disseminate the issue rather than a pdf on one of the web forms. jenna: they are growing their empire. >> reporter: they are using a new type of social media to spread the message. jenna: thank you. jon: the arizona mother jailed in mexico on drug smuggling charges is free now. yanira maldonado hugged her husband and family after walking out of jail late last night. she was arrested last week after the mexican military claimed they found 12 pounds of marijuana under her bus seat.

wadnat dominique d-natali is live from near the mexican border in nogales, arizona. where is the family now and how did everything happen overnight, dominic? >> the family is in this motel right behind me, in the border toupb of nogales. they are getting well deserved rest. they were up late into the night. she was released about 1:00am eastern time. 10:00am local time. she was holding a press conference as late has 2:30 in the morning local time. it's quite amazing what happened in the past 12, 14 hours or so. effectively the mexican authorities were looking at video evidence and saying that quite frankly it was just overwhelmingly clear that she really couldn't have taken on 12 pounds of marijuana onto that bus. on top of that the authorities, the prison authorities could also see what was going on as well and decided to actually let her out of her cell and they started looking after her and giving her more meals and

letting the family be closer. she was for giving considering it was a hid just experience for nine whole days. this is how she described about those who put her in this predicament, take a listen, jon. >> you know, to find god, and i think a job where they can make their living not putting innocent people through this nightmare like they did to me and my family. >> reporter: and by that she is very much referring to the culture of corruption inside the mexican authorities. it wasn't just the military whether they were encountering ka corruption issues, also within the skwreurb airy. apparently the family was told if they made $5,000 they could get a judge to actually act in her favor. that goes to show the kind of problems that they were facing here, jon. jon: it aeu beers that in light

of the video evidence the mexicans had no choice but to let her go free? >> reporter: yeah, absolutely. i mean it was that crucial bit of evidence that the military had actually been holding back for a number much days which was causing an awful lot of uncomfortable questions to be asked of the mexican authorities. here is how her husband describes how compelling the evidence was and why it was such a tipping point and why the authorities had to release her in the end. take a listen. >> from clear data there was no way that you can carry 12 pounds or 5.67 kilos in one arm. i had the blankets and we switched them from her to me, and then you could see me fold the blankets like curled so there was nothing in the blankets * blankets much. it showed that on the tape. >> that's why the district on the other side of the border in nogales, mexico decided there is no evidence with which they can

prosecute. according to the family's lawyer the prosecution could indeed appeal the decision to release her. and as yanira is actually from mexico and a u.s. citizen if she goes back to visit relatives it could be a problem down the line for hem. jon: at least she is safe in the united states right now. dominique d-natali thanks. jenna: the case of a mother missing for almost two years enters a brand-new chapter. details on a shocking discovery, plus, what it could mean for the man accused in her disappearance. also, a former i.r.s. commissioner facing criticism for his frequent visits to the white house. were administration officials in the loop when it -p came t came to the i.r.s.'s profiling of conservatives? karl rove weighs in just ahead. [ male announcer ] erica had a rough day.

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jon: right now new details on some crime stories we are following. the death penalty stays on the

table for convicted murderer jodi arias. the arizona supreme court denying her defense attorney's appeal which was filed months ago. a jury found arias guilty of murdering her ex-boyfriend but was unable to agree on her sentence. a new jury could decide her fate this summer. a missouri mother of triplets missing nearly two years has been found dead. her husband a former police officer reportedly confessed to a family member that he killed her and dumped her body. ef is nohe is now charged with first degree murder and will be tried in the fall. a zumba instructor who turned her dance studio into a brothel was sentenced to ten months in jail. she took a plea deal in the high profile prostitution case. jenna: new questions surrounding the former commissioner of the i.r.s. douglas shulman. his frequent visits to the obama white house fueling concerns about whether the

administration, an administration officials were somehow behind the i.r.s.'s targeting of conservative groups. peggy noon an noona says it's about much more. she says it wasn't a president losing his temper with some steel executives. there was no enemy's list unless you consider half the country to be your enemies. joining us now karl rove former senior adviser and deputy chief of staff to president george w. bush and a fox news contributor. karl, peg go goes onto write that beyond the politics of this all that this type of scandal, and are these are her words, can kill a country. how would you describe the stakes here? >> well they are high, because look we don't have any evidence that somebody in the white house picked up the phone and called somebody and said do this. but we do know this. the people at the top set the tone. and the president in 2010 wassess core kwraeuting tea party groups and 501c4

conservative groups calling them, for example, a threat to democracy. that is his quote. we know that we had the chairman of the senate finance committee, democrat max baucus of montana writing a health tere demanding that they investigate conservative groups. dick durbin of illinois picked out one group, crossroads gms and said to the i.r.s. investigate this group. chuck shaoupl her put a letter together with a variety of six other democrats saying investigate conservative groups. we had schumer getting wong man pete welsh of vermont to put together a list of a hundred some odd democrats in the house saying conservative groups. we even had carl levin sending a series of letters and meeting with lois lerner and her top staff i believe to plan out a congressional hearing with her corruption to focus on these conservative groups. the tone was being set at the top and that's why i think peggy was right in saying this wasn't

a specific enemy's list this was let's take on the political opponents of president obama. jenna: you elicit a lot of high proceed nile democrats particularly in congress when you're talking about these appeals to the i.r.s. to investigate these groups. you've worked inside the white house, obviously very closely with the president, and now the white house in trying to distance itself from this. this information comes out that shulman has been at the white house more h-pb 150 times more than 150 times. >> highly unusual. jenna: what would you say to the president if you were in the white house right now? >> i'd say mr. president the i.r.s. is a special institution. the power to tax is the power to destroy. people normal low on any given day in america have grave concerns about the impartiality of the i.r.s. those concerns are only heightened when we have what we have heard over the last several months of the i.r.s. targeting to political opponents of the president and then things like the enemy's list from the obama

campaign in 2012 they put out eight prominent romney donors, called them all kinds of names, many of those people were subjected to i.r.s. scrutiny and other regulatory scrutiny. there is a heightened concern about this. my advice to the president is go the extra mile to ae assuage. put out a list of how many times shulman was at the white house and who he met with. the administration has mishandled this from the get go and it will be very hard for them to restore confidence in their credibility on the issue. jenna: let's go to the g.o.p. real quick. this might be in the category of wishful thinking. do you think that in the potentially criminal and very messy scandal here that we're still learning about, there is an opportunity for real tax reform somewhere in government that maybe there is something good that comes out of this somehow? >> i think that at the end of the day if the hearings go forward in congress like i think

they will, in front of house ways and means, oversight and the house oversight and government reform committee i think what we will get is a sense of of we ought to have a tax code that is simpler, fairer and easier to comply with that doesn't give as much power to the bureaucracy and to the government and gives more power to the individual. flatter and simpler might allow us to get to tax reform. at the end of this day this principle story is about the potential abuse of power by people inside the i.r.s. and the question is how high up does it go. jenna: we still don't have an answer yet. still looking for the light at the end of of the tunnel. somewhere out there, carl. >> it will take some time. it will take some time. jenna: carl, thank you as always. appreciate it. >> thank you, jenna. jon: a lot of new developments to tell you about after letters laced with the deadly poison ricin are sent to president obama and new york city's mayor michael bloomberg. who police believe is behind these mailings and what they are still looking for this morning. plus, new devastation from tornadoes in a part of the country still struggling from

the last string of storms. unfortunately more to come. meteorologist maria lo molina joins us with the latest. ♪ [ engine revs ] ♪ [ male announcer ] just when you thought you had experienced performance, a new ride comes along and changes everything. ♪ the 2013 lexus gs, with a dynamically tuned suspension and adjustable drive modes. because the ultimate expression of power is control. this is the pursuit of perfection.

jenna: now a fox news weather alert and a severe weather threat very real today for part of of the nation's heartland, forecasts calling for strong storms, maybe large hail in oklahoma, arkansas and missouri. this comes a day after as many as a dozen tornadoes touched down in the same areas. one person died in arkansas when strong winds knocked a tree onto his car. maria molina is in the fox news weather center. >> reporter: it's the same storm

system we've been talking about for several days already. the past three days we received reports of up to 800 severe weather events, damaging winds, large hail or even tornadoes. again we're looking at the same risk coming into the afternoon hours and into the evening hours anywhere from northern participates of texas right around the oklahoma-texas border up into section beings of of the great lakes and even including sections of southeastern minnesota. again similar areas dealing with more showers, with more storms and the potential for severe weather. just yesterday we received about 17 reports of tornadoes, ten of those reported tornadoes came out of the state of oklahoma and that is the same zone that is today under moderate risk. you've been under moderate risk in parts of oklahoma city, moore, oklahoma, tulsa and missouri are expecting elevated threats of tornadoes. we can see violent tornadoes that stay on the ground for several minutes to an hour and you're talking about ef3, ef4, possibly even ef5 strength.

that is a very dangerous day out there. because this is a slow mover we are seeing areas of heavy rain continuing to fall on ground that is already saturated and picked up a foot of rain in the past couple much days. take a look at the forecast, this yellow orange shading, that means two, three, locally higher amount of rainfall through the weekend. we are looking at a flash flood potential. the flash flood washings are in effect from oklahoma, missouri and the state of i will louisiana i know. we've seen the images coming out times and times again across parts of illinois and iowa. it is going to be another hot day, well into the 90s in texas and even up into sections in the northeast, right here in new york city it's the 90s again. jon: a lot of red on that map, maria. >> reporter: all thanks to the same storm. jon: thanks. jenna: thanks mahmoud rea. jonmaria. jon: new information before a string of letters laced with deadly poison are sent to public

officials. authorities say one envelope they that is filled with ricin is still out there. it's addressed to the ciea. they are searching for it love interest septembering toxic mail addressed to president obama, a federal judge and the post office. in addition to the letters sent to michael bloomberg, new york city mayor. james rosen is live in d.c. for us now. skwraeufpls. >> reporter: good day to you. developments on these ricin-related incidents are unfolding rapidly. literally to barrow a phrase happening now. three letters tainted with the deadly poison appear to be mailed out on the same day earlier this month from spokane washington. they arrested a janitor and sex offender on may 22 and charged the man with one count of mailing a threatening communication. that charge stems from the threatening letter that was sent to u.s. district judge fred vansickle. he has pled not guilt tree. authorities are now contend

withing the ricin-laced centers sent to the new york mayor and the gun control advocacy group he helped found two letters mailed to president obama in recent weeks, one from spokane and another one from tipuloe mississippi, that man was arrested. two letters sent to federal judges in washington state and mississippi. one sent to fairchild air force base in spoke can washington, and one believed to be sent to cia headquarters in language lee, virginia that hasn't turned up yet. as for the new york mayor he expressed his determination to plow forward with his job and his advocacy on gun control. there is always threats unfortunately bloomberg said today on his weekly wor radio 710 show this morning, that comes with the job. i trust the police department and i feel perfectly safe, bloomberg said. i've got more danger from lightning than from anything else and i'll go about my business. we are certainly going to keep working on getting guns off the street he added, out of the

hands of criminals and people with mental problems. new york's police commissioner said the letters to bloomberg and his group mayor against illegal guns contained threats to the effect of, quote, anyone who comes for my guns will be shot in the face. jon. jon: james rosen in washington for us, thank you, james. jenna: maria was just talking a little bit about some of the crazy weather we've seen across the country. there is also another event when it comes to nature, an out of control fire moving fast in california scorching acres of land by the hours and closing in on homes as well. an army of firefighters is trying to contain the flames and they are facing a brand-new problem, we'll tell you about that. plus breaking news developments in the civil war in syria as concerns grow that the syrian president bashar al-assad is accused of slaughtering his own people, could actually stay in power with the help specifically of iran, we'll tell what you the connection is coming up next.

jon: "happening now", a wildfire in california burning out of control. the flames be didded, the powerhouse fire, are threatening homes and power lines. right now the fire is chewing through some areas where people live. high heat today could make fighting it even tougher. harris faulkner is at the breaking news desk with a look. harris? >> reporter: jon, water-dropping aircraft are in the air and 500

firefighters are on this thing. they're making some head way. they just reported it was 15% contained t had been at zero for some time. at least 15% is a start. this fire is a fast burner, it's a beast. evacuations are underway. they're releasing that information moments ago. authorities just ordering more homeowners to get out of the way of flames. early this morning fog helped a bit, the forecast called for hot temperatures, windy conditions again today. the most immediate problem are the power lines you just mentioned. the fire is moving closer to a power station. it was a long night for people living near the wildfire in the mountains of los angeles. about a thousand of them were forced to leave but a glimmer of hope for at least that pocket of neighborhoods. the u.s. forest service is saying those people can go back to their houses. according to the head of the forest service, the growth potential of this fire is great, with plenty of fuel to burn, thick brush in the slopes of that area. they call it green valley. i mentioned it is a

fast-burner. this just started late yesterday. already it has charred more than 1400 acres. jon, back to you. jon: harris faulkner, keep an eye on it for us. >> reporter: will do. jenna: president assad vowing syria will retaliate if israel strikes his country again. earlier this month you might remember reports that israel carried out strikes to stop suspected shipments of weapons to hezbollah fighters. syria did not respond. syria is the rout between iran and lebanon to get the weapons through. syria warns they will retaliate. israel has occupied the golan heights since the 1967 war. that word occupy, we should be a little careful b that is part of their country now, since the 1967 war. the conflict between israel and syria over the region dates back decades. israel and syria fought two wars in 167 and 1973 over

this territory that syria continues to claim today. two cd fire over the territory periodically since then. most recently back on may 21st when israeli and syrian army troops exchanged some fire along the ceasefire lines. we'll watch that in that particular area of israel. as president assad ranches up his rhetoric there are new concerns that assad's downfall is far from certain. officials in washington thought, and you heard this, it was only a matter of time that rebel forces would overthrow assad. that has changed in the last few weeks. a real game-changer on the ground, according to our next guest is the training and equipment supplied by iran's revolutionary guard who trained thousand those and thousands much fighters in syria on their behalf. this is not a surprise to you to learn that president assad right now looks to be in an okay position? >> well, good morning, jenna. i think the position now is the pendulum in the conflict

is now swinging firmly towards president assad. and i'm told the reason this is happening from the military experts that are watching this very closely is the impact iran's revolutionary guards have had since they came into syria at the end of last year. i reported last september that 150 iranian revolutionary guards had gone to syria to help train the assad forces. this is at a time when the assad forces, the assad forces were on the defensive. the defense minister was blown up in a suicide attack. as you said in your introduction, a lot of officials thought it was just a matter of time before assad fell but the whole tide of the war now since the iranians arrived is swinging back towards assad. literally thousands of syrian pro-assad volunteers have now been trained by the iranians and their presence on the battlefield in places like tusir where there has

been a fierce battle the last couple weeks and also clearing the rebels out of the suburbs of damascus. this as i'm told the presence of the iranians who really helped to put some discipline into the syrian fighters and made them into an effective fighting force. jenna: it is interesting to hear your reporting because when we've spoken with some of the reporters that have been most recently inside syria, they say the same thing. that the pendulum really has come back, and i'm curious as we've seen the events over recent weeks, you see, you know, britain take a move about potentially arming the rebels. you see senator mccain going to visiting syria, whether or not those moves are because of iran rather than what president assad is really doing? >> well there are some people, particularly in washington, who think that they should arm the rebels because the best thing that can happen for assad to be overthrown because that would send a signal to iran which is, the assad regime's

main regional ally, that we mean business with iran but of course the real problem with arming the rebels, we've been looking at that very closely here in london during the last week, is which rebels do you support? do you support the national coalition which is basically a secular pro-western group, which is friendly to the west? or are you going to end up arming the al qaeda elements within the opposition which are doing a lot of the fighting and want to establish an islamic state in damascus? so we've got to be very careful. of course while we deliberate both the presence of the iranians and also the support that the assad regime is getting from russia with these, the delivery of these anti-aircraft missiles, this is a game-changer on the ground. and unless the rebels, a, can organize themselves into an effective force, and b,

can persuade the west to give them the arms they need, well, i think we should get used to the idea that this assad regime is going to be around for a very long time to come. jenna: very interesting. con, always great to have you on the program. thanks for the report and sharing it with us and we look forward to have you back. >> pleasure, jenna. good morning. jon: we are getting our first look at the deadly aftermath on a valentine's day shooting in the home of oscar pistorius, the runner accused killing his girlfriend. chilling photos from the scene and what is next for the olympic athlete now charged with murder.

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jon: new next hour, mitt romney appears to be testing the political waters, more than six months after his loss in the presidential election. the former massachusetts governor's plans. coming up in a live report. a student is expelled for saying he is a little too hot for teacher. details on the racy essay that is now sparking a legal battle. and, you might want to think twice before you reach for that next cup of coffee. new research suggests too much caffeine could be detrimental to your mental health. i don't know, i need caffeine for mental health. the doctor is in with what you need to know. jenna: well, some new developments now in the oscar pistorius murder case.

chilling photos just released for the very first time showing the scene at the olympic athlete's south african home after this crime of some sort some say was committed. pistorius is accused of murdering his girlfriend on valentine's day. he said he mistakenly shot her because he thought she was some sort of intruder in the house. greg palkot was in south africa when the news broke. >> reporter: sky news has obtained these graphic photographs. this is the first view we are getting of where paraolympian pistorius allegedly shot and killed his girlfriend, reeva steenkamp. we warn you these are graphic images. let's look at them right now. most disturbing, a blood splattered scene in pistorius's house where she was killed. he admits firing through the door of the toilet cubicle. you see the bullet holes and

small space where this occurred. he mistakenly thought there was a intruder inside and dashed in. the prosecutor said they had a fight in the bedroom and she went in there and he methodically pursued. how he carried the body out through the hallway and downstairs. and blood on the walls is quite graphic. he supposedly tried to resuscitate her in the living room. she was dead. he was taken away. all of this happened as you noted early morning on valentine's day, a card from reeva steenkamp to oscar pistorius and a bag of valentine, heart-shaped candice. the defense says they were very much in love. prosecution is alleging there was already friction between the two. pistorius remains out on bail. his next court appearance is next tuesday. as you noted, jenna, we were there in february with dramatic scene then. it will be a dramatic scene next week but probably quite

short. we are told by our legal contacts that both sides say they will need more time and there will be a post pointment of the start of the trial. we're also told by our contact it might not even start until next year. the wheels of justice move a bit slowlyry down in south africa especially on a case of this magnitude. those pictures, those graphic photographs obtained by sky news caused a bit of a stir. we are seeing down in south africa, both sides worry they might compromise the case. both sides are trying to spin the evidence but again at the very least it shows the horror, the grew someness of this act and why there is so much attention being put on it right now. back to you. jenna: we'll continue to watch it, greg. thank you. jon: chaos in the streets of turkey. police forced to use tear gas and water cannons to repel crowds after protests turned violent. we'll tell you what sparked all of this. plus an asteroid as wide as the golden gate bridge is long, about to pass near earth later today. what would happen if something of this size were

to hit us? we'll talk with former astronaut tom jones next how we track these massive space rocks and the risks they pose to earth. ♪ .

jon: well, call it a somewhat cosmic close call. an asteroid more than a mile and a hlf wide gets within 3.6 million miles of earth later today. now this big rock poses no threat to the planet right now but scientists say it is just one of thousands of as toer rid -- asteroids and meteors large enough to cause massive damage if they do hit us. do we need a plan to protect us from massive asteroids in

space? joining us tom jones, a planetary scientist and a former nasa astronaut. tom, you've been working on such a plan talking about it with the united nations. tell us about it. >> well, at the united nations, jon, there is an effort to have international collaboration among the space agencies to share the resources and share information about the detection and warnings of asteroids in the future. with that warning information, the space agencies could collaborate on a deflection mission to ward off a future catastrophic impact. jon: this one we're talking about is called, qe-2. this is not a cruise ship though. this is a flying mountain, basically, 1.7, almost two miles across? >> nine times bigger than the actual cruise ship, qe-2. that is the name astronomers gave it when it was found 15 years ago. if it struck with great velocity and mass and wipe out human civil uhgs wages --

civilization. jon: that is a great thought. >> that is million smaller ones that we have not found out yet that could wipe out a city. jon: this thing is so big it has its own moon. you planetary scientists are excited to get a relatively close fly-by, 3.6 million miles. not exactly, it is not exactly a brush back pitch but plenty frightening when there are so many out there that we haven't found yet and don't know about. >> right. we'll learn something from this fly-by because of radar pictures you've already shown, give us more information about asteroids and how they're put together but the unknown asteroids need to be found. nasa's ground based program won't find them for another 20 years or more. it is worthwhile looking at a space telescope. there is a private outfit, b-6-12 trying to launch funds to get a efficient telescope to give us warning. jon: if we had warning one of these city killer asteroids was coming close to us would we be able to do

anything right now? is there any way we have to deflect a it away? >> not today. if he had 10 or 15 years of warning. that is the whole key. it is pretty cheap to buy the telescope time or launch a space and find the asteroids, give yourself plenty of warning to have time to react that is lot cheaper than a crash effort when you get a few months warning which is situation we're in now. jon: we saw how much damage that asteroid did, well it was really a meet record right over in russia in february, blew out a thousand windows. how big was that rock estimated? >> that was 50 feet across and weighed only 18,000 tons. it doesn't even have enough mass to typically make it through the atmosphere at that size. 450 kilotons of power and just a little bit bigger it would have made it over the ground and had it la landed over a city it would be a very dangerous incident. jon: wow, we're talking

about a thing mountain-sized, 1.7 miles across. that thing will fly by around 5:00 p.m. eastern this evening. good to know it will not hit us. tom jones, good luck with your effort to find more of these things and deflect them. >> that is our homework assignment jon. jon: appreciate it. jenna: the latest on the justice department scandal involving snooping on the press. and this man kicked out of school for writing a hot tore teacher essay. apparently he is a big van halen fan. jon: i guess so. jenna: what are you going to do? what that essay said that got him kicked out of class and out of school and why he says he didn't do anything wrong and he's suing. [ male announcer ] it's the memorial day sale from adt.

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this is the reason why. take advantage of adt's memorial day sale starting at $49 installed, plus 15% off accessories. adt. always there. savings end may 31st at midnight. jon: coming up this hour, attorney general eric holder pledging a change on investigations involving journalists. what he's proposing as calls grow for him either to step down or be fired. and growing scrutiny of the former head of the irs ase learn how often he visited the obama white house. plus, is too much coffee affecting your brain? what do you think? jenna: is it? are we guilty? guilty as charged? jon: the stunning new study that could have you thinking twice about your next cup of joe. ♪ ♪ jon: a little coffee in the morning gets me going, come on. [laughter] attorney general eric holder

promising changes when it comes to investigations involving reporters. hello to you on this friday, i'm jon scott, and welcome to "happening now." jenna: hi, everybody, i'm jenna lee. and mr. holder is meeting in private with some news editors to talk about some of this secret seizing of reporters' e-mails and phone records. and the attorney general and his aides say the justice department guidelines need to be updated to better protect reporters during leak investigations. many news outlets declining to attend, including our own, fox news, saying that they're not going to attend because the justice department wants these meetings completely off the record. now, attending yesterday's meetings included some representatives from the following groups: "the wall street journal," "the washington post," the "new yorker" magazine, politico and the new york daily news. the ground rules were changed a little bit, allowing some general disclosure of what was said behind closed doors. doug mckelway is live in washington, he's been watching this story for us. doug, so what are some of the

specifics that we're hearing today about these meetings? >> reporter: a little bit short on specifics, jenna, but we are hearing that all parties agreed to a loosen of those off the record restrictions a little bit. quote: >> r eporter: we do know that holder admitted the department needs to strike a better balance between reporters' first amendment rights and national security concerns. he and his top aides, who were also there, again expressed their support for a reporter shield law. we have not heard whether holder was asked outright whether he might have misled or lied to congress on may 15th when he said he had never been involved in the potential prosecution of reporters. that question is beginning to weigh very heavily not just on holder, but on the white house too. >> was he not telling the truth on that point? he was involved in it. >> involved in what? >> he signed off on the search warrant. is he not involved after -- >> again, i refer you to the

justice department. >> he had this thing yesterday with james carney who had to sit there and say, who had to sit there and say that he saw no conflict between what holder said on the 15th and his actions earlier in the rosen affair. and be then the classic was he got pressed earlier in the briefing on it, and he said you're conflating a subpoena with prosecution. >> reporter: and that, in effect, raises the question of whether holder's justice department was deceiving a judge to get a subpoena in the rosen matter when it never intended to prosecute him. jenna? jenna: there's a lot of dynamics at play here. that's an understatement probably, doug. so let's take a look at another side of this. there's also congressional investigators that are involved. lawmakers that have more questions. what are they most interested in? >> reporter: well, pretty much the same kind of information. republicans on the house judiciary committee have sent an extensive list to holder about his testimony on that may 15th day and whether he misled

congress, some say whether he lied to congress. he has unless wednesday to respond to that series of questions. promises to be an interesting week next week, jenna. jenna: doug, thank you. >> reporter: okay. jon: so for more on how the media are covering the story, judith miller is a pulitzer prize-winning investigative reporter and author, kirsten powers is a columnist for "the daily beast," both are fox news contributors. we've heard some of what transpired in these meetings and, in fact, apparently the justice department decided at the last minute that part of the meetings could be on the record. kirsten, what do you think about what the justice department has had to say thus far? >> well, you know, we haven't really gotten that much information about the meeting other than to hear that, i guess, he's really sorry, and they really, you know, regret this. but, you know, it would be nice to actually hear what the attorney general has to say specifically about how this came to be, how they came to make these decisions. i think one of the things that's

most concerning, frankly, is that the first time the attorney general actually felt remorse, at least according to someone who ironically leaked this or an unattributed source in "the washington post", said was when he -- was when he saw it in "the washington post," when he first saw it reported in "the washington post", he, you know, felt some remorse. i can't remember where that was reported. but the point is he only feels remorse because he was caught, you know? and that's a problem. and i would like someone to ask him about that and to find out why he felt it was ever okay to do what he did. jon: right. and, judy, explain how the justice department goes after an indictment and suggests that james rosen is a criminal co-conspirator, oh, but with we never spended to charge women with anything. >> -- with anything. >> right. which leaves us with only two possibilities as far as i can see. either he was lying to the judge whom he asked for permission to

seize james rosen's record, or he was lying to the american people when he said he hadn't done anything wrong, and he hadn't contemplated that. but, look, i think that this is an extraordinary event in which the justice department wanted to set the record straight in an off-the-record meeting; that is, you can't talk about it. this is just the way this justice department and this administration likes to do business. and i'm glad to see that reporters have finally had enough of it, and news organizations are saying, no, and forcing a change in the ground rules of such meetings. we've needed that, it's long overdue. jon: talking about the off-the-record aspect of all of this, charles krauthammer -- an astute observer of journalism and the way the administration has been handling this case -- had some thoughts. listen to this. >> the farce here is that this whole exercise is about making the administration accountable. well, the way to be accountable is to speak on the record so everybody has a look at what you see, can see if it's true and to

make it off the record, of course, defeats entirely that purpose. jon: kirsten powers making a dual appearance there on "special report." >> two places, it's magic. [laughter] jon: but he has a great point. i mean, why take this thing off the record if you're going to be the most transparent administration in history? >> exactly. well, of course. and the thing about it is that, you know, judy just is absolutely right about this is their standard operating procedure. and nothing about what has happened with this scandal has changed their standard operating procedure. they keep everything off the record. you can never get them to go on the record about anything unless they can preapprove the quotes, and they want it in e-mail, and, you know, they conduct interviews in e-mail frequently. you know, they control every aspect of communication. and it really is unprecedented. and reporters have enabled this for far too long, and the people who showed up to these meetings are enabling them further,

because they're the ones with the power. if these people don't stand up to them and say, no, we're not going to meet with you unless you'll speak on the record, then they have no impetus to speak on the record. jon: and, judy, it has been perceived as an attempt to control the record from here on out by saying, oh, we're really done with that. we'll fix things, and it'll all be better in the future. >> right. they said two things, we didn't do anything wrong, and we won't do it again. [laughter] that's very nice, but you have to be challenged on that because it doesn't make sense any more than it made sense for the president to claim to be troubled by what had happened with these seizures, to appoint his own attorney general to investigate what happened and to propose new rules. you know, before we get into new rules how about just enforcing the guidelines you have that have been on the books since watergate? and a lot of people are saying this trifecta of problems the president is having is worse than watergate.

i happen not to share that view, but i understand why first amendment advocates are outraged by what's happened. jon: yeah. in the watergate case, richard nixon only was going after a couple of people. it seems like the irs thing is much bigger than that this time around. but that's a story for another news watch panel. >> right. jon: kirsten powers, judy miller, thank you both. >> thank you. jon: catch more when i host fox "news watch" this weekend, runs saturday, 2:30 p.m. eastern right here on fox. jenna: a great topic ahead for you. jon: oh, it's going to be a busy weekend. jenna: mitt romney is back in the public eye. the governor and his wife ann are looking forward to the 2014 elections and how they can help. chief political correspondent carl cameron is live from washington with more on all of this. carl, what is this all about? what are they up to? >> reporter: well, they are planning a big private gathering at a resort in utah. no press, mostly republicans. there will be some business leaders and big name democrats

too. romney and his wife will be hosting this. he'll give a speech on what he considers the challenges facing the country as well as the world, and there'll be a couple hundred people or so on hand. at least three potential gop 2016 candidates including new jersey governor chris christie, big supporter of the 2012 campaign and sky high approval ratings across the country for mr. christie. kentucky senator rand paul has been all over the country at the early voting states, iowa, new hampshire, south carolina. and then, of course, there is paul ryan, the vice presidential running mate of 2012. he'll be giving a speech, and he's sort of the romney family's sentimental favorite. so that's where it starts this next week, but it's not supposed to be public or a big, aggressive partisan thing. it's more about trying to find big ideas and even with a little bit of a bipartisan flavor. jenna: there seems to be a lot of republicans going, but there are some high profile democrats.

what about those democrats, carl? >> reporter: well, one of the -- two of the people they invited was to sort of emphasize the bipartisanship, erskine bowles and alan shiverson. -- simpson. the commission the president put together and summarily ignored the recommendations from. the big name, of course, former obama campaign adviser david axlerod giving a speech. not political, more about sort of personal refelixes, family life in 2013, '14 and '16, and then the governor of colorado, john hickenlooper, friend of romney's, he'll be addressing the group too. it's supposed to be about exploring new ideas, but suffice it to say when the 2012 nominee starts bringing people together, they all start looking forward to 2016. and for those looking for fun, they can go horseback riding and play golf or go skeet shooting with paul ryan. jenna: what happens if you just plan a little vacation, carl, and kind of ran into them on the horse trail somewhere just to hear what they're talking about?

>> reporter: you can hide behind the cactus, but having gone and tried to crash some of these closed retreats in the past, they see you coming a long wayaway -- jenna: you're going to have to tell me more off line about crashing some of those -- >> reporter: on the record and off the record so sketchy in washington these days, you never know what's on and off the record. jenna: you're absolutely right. carl, thank you. jon: get him a wig and a pair of sunglasses. new calls for an ethics investigation to see whether the president's health and human services secretary broke the law by asking corporations to donate to promote obamacare. plus, a student who's suing after he was kicked out of college. why? well, he wrote an essay telling what he thinks about his professor. the title? "hot for teacher." our legal panel weighs in. muck. ♪ ♪ [ male announcer ] this is betsy.

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♪ when he said "everyone gets health insurance"? but now congress says 7 million americans will lose their health insurance and your insurance rates could increase by 200%. some health plans even get hit with a 40% tax and over $700 billion in medicare cuts. so now we're really sad. but you can be happy again by getting the obamacare survival guide. it's already a #1 new york times bestseller and over 500,000 americans have gotten a copy. newsmax says it's "the best guide" to the new law. you can get your copy at obamacare911.com. it gives you the tips, strategies and loopholes you need to know. get your copy of the obamacare survival guide at stores everywhere for $19.95. or get the internet only offer of just $4.95 and save $15.

go to obamacare911.com to claim your copy now. jon: well a member of president obams cabinet faces new calls for an ethics investigation. members of the house and senate want know whether the president's health and human services secretary broke the law by asking for millions in private corporate donations to promote the president's new health care law. elizabeth prann is live in washington with more on that. elizabeth? >> reporter: hi, jon. well, in a letter to the inspector general at the department of health and human services, senate republicans orrin hatch, lamar alexander and tom coburn are requesting an independent investigation into secretary sebelius' legal reach and if she did raise money from the people and businesses she's supposed to be regulating. in part, the letter writes:

>> r eporter: the senators list evidence the secretary was seeking donations for enroll america. that's a nonprofit group gearing up to sell obamacare to the public. they list insurance companies and pharmaceutical companies as well as h&r block and the robert wood johnson foundation. this coming just days after house republicans call for a government accountability office investigation of sebelius' actions outside of congress' approval. >> congress has denied health and human services secretary cat leap sebelius several additional requests to pour more taxpayer money into the law, so the secretary has taken money in many cases without clear legal authority from different sources to fund obamacare. hhs officials admitted to this committee that the secretary lacks legal authority for the program created solely to get around obamacare's explicit

prohibition. is. >> reporter: in response the administration says there is precedence for what she is doing and it's within her authority. >> white house and hhs officials routinely and appropriately engage with outside groups on the implementation of the health care law including educating these groups about what we are doing and finding out about the work they are doing. >> reporter: now, the affordable care act implementation could cost up to $5 billion or more, and democrats have appropriated about $1 billion for implementation. jon, back to you. jon: that's about $4 billion short by my math. elizabeth prann, thank you. jenna: speaking of money, new warnings now for college graduates as student loan debt in america reaches nearly a trillion dollars, and interest rates could double this summer meaning that the payments some of these students are making would go way up. peter barnes is going to join us to talk about what's going on here. also, angry protests to save one of the last public parks. we're going to tell you where this is happening and how the peaceful demonstration turned

ugly so fast.

jenna: well, the president today calling on congress to approve lower interest rates for student loans that are set to double in july. student loan debt is close to a trillion dollars nationwide and compounded by the tough labor market as well. peter barnes has more about this announcement today. >> reporter: hey, jenna, that's right. the president taking to the rose garden today to put pressure on republicans in congress to avoid a doubling of interest rates on student loans that would start july 1st. without any fixes, they'll jump to 6.8% on that day. both sides have proposals to fix this problem. the president pushing his in the

rose garden surrounding himself with college students to make his point. his plan would keep most rates on student loans low by pegging them to the ten-year treasury bond rate plus 1%, so the rate would be about 3% today under that formula. then he would keep them fixed for the life of the loan, and he'd let students cap their payments to 10% of their income to keep them affordable. now, last week house republicans passed their plan. it would peg rates to the ten-year treasury as well but with a 2.5% surcharge, so their rate today would be 4.5%. they would allow loans to -- the rates to be reset every year, but the rates would never field 8.5%. exceed 8.5%. a year ago the president and republicans reached a temporary deal to keep the rates low through this july to give them time to work out a permanent fix. >> this year if it looks like

your representatives have changed their minds, you're going to have to call them up again or e-mail them again or tweet them again and ask them what happened, what changed? >> reporter: but republicans would have none of this. senate republican leader mitch mcconnell said in a statement, quote: jenna: peter barnes live at the white . peter, thank you. >> reporter: you bet. jon: right now some new video in from germany where protests are breaking out in the country's financial capital. some 1500 demonstrators outside the european central bank blocking streets and billioning barricades down -- pulling barricades down. organizers argue the policy is a disaster for germans and the rest of the world. and take a look live at protests underway right now in

turkey. we also have some dramatic video from earlier today. people angry over the government's plan to revamp istanbul's main square. many of them staging a sit-in, they're hoping to stop developers from knocking down trees. protesters using water cannons and tear gas to disperse the crowds. watch out, this boor guy's about to get knocked down. bam, there he he goes. protesters blame the prime minister who they say has authoritarian tendencies. jenna: wow, that cannot feel good. jon: no, that's a lot of power. jenna: we're following the number of times the former irs head was visiting the obama white house. the questions this raises for the president, the administration, so many others. we debate it, coming up. i think she tried to kill us. [ sighs ]

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jenna: well, right now records showing the former head of the irs visited the obama white house at least 157 times, more than any other cabinet member. the big question is why? why so many visits? chief congressional correspondent mike emanuel is on this part of the story. >> reporter: hi, jenna. yeah, the nature and frequency of doug shulman's visits other than the easter egg roll still raising questions. for example, this former bush white house insider. >> the idea that the irs commissioner is coming to the white house every nine days ought to raise warning flags

right off the bat because this is an independent agency that needs to have distance from the white house. >> reporter: today is the deadline set by senators max baucus and orrin hatch. last week they sent a six-page letter to the irs asking more than 40 questions. they want answers to those questions and are demanding irs documentation be turned over by the end of the day. next week there will be more congressional hearings looking into the irs. one will feature some of the conservative groups testifying about what the irs did to them and the impact on their organizations. a tea party leader told our greta van susteren this has sharpened the focus of his group. >> we would like to see this irs scandal turn into something a little bit more. i feel personally that the irs is too big, too bureaucratic. it's the poster child now for everything the tea party is against. the irs, basically, needs to have a wrecking ball taken to it, it needs to be completely

altered and go to some kind of consumer-based tax system, a fair tax or what have you. >> reporter: on monday the house appropriation committee's hearing will feature testimony from daniel wore fell and j. russell george, the inspector general, who investigated the agency. jenna? jenna: mike, thank you. >> reporter: sure. jon: so for more on this let's bring in monica crowley, a fox news contributor and author of "what the bleep just happened," also with us richard goodstein, democratic political consultant and former adviser to hillary clinton's presidential campaign. richard, 157 visits, that's more than any other government agent, you know, high government official made to the white do you have an explanation? >> well, we know a few facts, jon. first, and oddly i haven't actually heard this mentioned by karl rove or anybody else recently. mr. shulman was a bush appointee. so the notion that somehow as a bush appointee before the election in 2008 he somehow did

this 180 and was starting to do president obama's bidding, something that he's denied and every single person that the inspector general has asked has denied, that's a bit much. he could have had breakfast, lunch and dinner seven days a week with barack obama, but right now we have zero evidence. and, indeed, what he was doing was trying to prevent a fraud on the taxpayer because most of these 501c4 groups were not social welfare groups. none of them have come forward and said we were welfare groups, they're just saying we were picked on. there were liberal groups that were picked on too. so i guess i would say if you take all the facts as opposed to what somebody might imagine, the facts are there is nothing about this that traces to any political person in the obama administration. jon: well, it seems like the president could do more to shine some light on all of this given the presidential proximity to the irs director here.

no other government official logged more than 100 visits in this same period of time. when asked -- when americans were asked what they thought about this irs scandal, is the obama administration involved in irs targeting of conservative groups, 37% according to our fox news poll think the white house knew about it and didn't initiate it. 29% think the white house was behind the operation. about 24%, one-fourth, think the white house was not involved at all. monica crowley, what do you think? >> yes. well, first of all, to richard's point, it doesn't matter who appointed mr. shulman. what really is sell -- relevant, what matters is what happens on his watch. and now we have mounting, mounting evidence that, n., the irs -- ask and they've admitted to doing this -- targeted conservative groups. it wasn't just singling out one obama enemy or a certain particular group. this is broad swaths of society which makes it worse than

anything we have ever seen and perhaps the most dangerous scandal in u.s. history. that's number one. number two, to have this many visits by the irs commissioner, the irs is supposed to be an independent agency. to have 157 visits over obama's first term, 118 of those visits happened when the irs was targeting conservative and other groups, religious groups and so son, to have that many visits, we want to know a couple of things. we want to know what was discussed in those visits. the irs is saying, this is their defense so far, well, obamacare. irs is going to be a chief enforcer of that, what these conversations were about. well, okay, did it require that many visits? and if so, why did the health and human services secretary have fewer than 50 in this time frame? the second question is with whom did mr. shulman meet with when they went to the white house?

was it valerie jarrett? was it bill daley, jack lew, was it the president of the united states? was it the vice president? we need to know with whom he met 157 times when he visited that white house. jon: richard, she points out kathleen sebelius made fewer than 50 visits, so did the secretary of the treasury. you can imagine page, you know,a pretty important job. one would think they'd be making at least 157 visits to the white house as well. >> yeah. i would recommend to your viewers that they google this. you'll see that these white house logs were not complete. there were certain people, the people that you just named -- sebelius, the secretary of treasury, for example -- who when they had a meeting at the white house actually didn't have to sign in. they were precleared. so i think we're now kind of resting all this on a distinction that i think really doesn't kind of carry much water. look, the fact is there were nonconservative groups that were scrutinized, and i will ask you

and monica both, do we think if it's true that you had to be a social welfare group to qualify for 501c4 status? and if it's true that most of these groups were not -- and i think they weren't by every accounting -- is the taxpayer well served by having those groups get 501c4 status or not? because if we think that's a tax -- jon: you know that the president's half brother got certification -- >> because he was doing -- jon: tax-free status for the barack h. obama foundation. is that a group that deserves tax-free status? >> there are groups out there -- miss america pageant's a 501c4. there are definitely groups that qualify, and incidentally, if they were as serious about going after these tea party groups as everybody's suggesting, why didn't they go after crossroads?

they spend probably more than all these tea party groups combined times five. >> richard, i've got to stop you there because dick durbin and a number of prominent democratic senators actually encouraged the irs that they go after crossroads -- >> and they didn't. >> wait a minute. i find it fascinating that the left now which has used these groups to great effect, and i'm talking about groups that fall in this category, some of the george soros-funded groups, organizing for america, the left has used this to great effect for decades. after 2008, 2010 when the right started to catch on and said, hey, look, we can use this too, and they actually started to have some real effectiveness, now the left is screaming bloody murder about these groups? so it was only good when you guys could do it -- jon: all right. >> you and i are on the same page. >> come on. >> i agree with monica on this, jon. i agree this shouldn't be good for either side to use this loophole. >> so now it's taken away now that conservatives have had a real effect. okay, i've got ya.

jon: we'll have to get you guys back another day. thank you both. >> you bed. >> thanks. jenna: well, a small plane crash ing into an apartment building. take a look at that. what investigators say caused this. and taking writing a little too far about his teacher, comparing her to ginger on "gilligan's island". he's suing now bigtime for millions of dollars. he says this is political correctness run amok. he was just doing his homework. our legal panel takes up the case next. jon: i liked mary ann. 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.

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jon: a scary scene out of virginia where a small plane crashed through the roof of an apartment building. this is video of the aftermath. airplanes don't fly very far without fuel, and this one ran out while it was on its way to a philadelphia-area airport. two people inside the participant were hurt. the pilot also suffering minor injuries but did survive. the building has been evacuated. jenna: well, right now the case of a student apparently too hot forteacher, in fact, that's the name of his essay. oakland university in michigan is defending its suspension of 57-year-old joseph corpslet over

his steamy writings about a professor. he's seeking more than $2 million for what he called the mental anguish of being banned from campus and evens courted out -- escorted out by police. he did raise some eyebrows for his steamy writings about some of the professors including the one you see on your screen. he compared her in part to ginger from "gilligan's island," for example, and another essay about a different instructor he went on to write the teach: jenna: in an interview he says it was never just about their bodies, that was just a small mart -- part of it. well, there were, to be fair, a few other words, you can see them on your screen there, tall, blond, etc., etc. the university says serious educational concerns are triggered when the student

doesn't realize the monumental inappropriateness of certain work. so does this guy have a case, or is the university right asking for the case to be dismissed? both men on your screen, i'm sure, were model students which is why we have them -- >> yeah. models for what, i'm not exactly sure. >> let me tell you, i got thrown out of the university of pennsylvania. jenna: fred tecce with us, arthur aidala. arthur, does the guy have a case? >> absolutely, he has a case. i think he's absolutely correct. he followed the assignment to a tee. the assignment was first impressions. it's a diary, write personal things, write what you feel, write what's on your mind. what did you read on the screen just now that was so horrible? she's tall? she's blond? she's well endowed? i mean, that's so horrible? give me a break. >> he picked the wrong one. he should have taken mary ann, you know? not ginger. >> that is the politically-correct thing to do, and i heard jon say that before the break.

come on, everyone would go with ginger if they had the choice. >> i've got the tell you, i'm going with -- jenna: fred, hold on a second. here's the deal, some people are inspired by shakespeare, this guy was inspired by van halen, to arthur's point. so is he right? does he deserve $2 million for getting kicked out of school? >> no. jenna, he has a better chance of getting named in today taylor swift's next song. not going to happen. he was told by this woman that she found what he wrote offensive. and there are limits to the first amendment. you can't call someone up in the middle of the night, and she warned him, and he wouldn't stop, he went on to this thing. the real answer to your question is he's not going to win. >> that's what you should be thrown out of school for, professor tecce. jenna: so wait a minute, the teacher actually made a complaint about this because she had asked him can you stop it, it was like a journal, an ongoing essay, and she said, you

know what? i actually am starting to feel afraid, arthur. >> right. jenna: she told her supervises this guy has written in the newspaper about how he likes to carry guns with him, and i feel like i can't walk around the school, he's so inappropriate. >> let's look at the totality of the circumstances. you're not talking about a 24-year-old hormone-crazed student. you're talking about a 57-year-old man who's married, i believe with children whose wife supports him in this whole thing. she knew about what was going on. he said it was a creative writing thing, and is it appropriate for her to be so scared? what you read on the screen, is that so horrible? she wrote -- [inaudible conversations] jenna: she was scared though, fred. isn't that a point in a sexual harassment case? if someone actually feels threatened, and the supervisors say, well, maybe there's a reason, is that enough? >> you know if this guy was an employer or supervisor or someone in the same place where she worked, this would be grounds for his termination -- >> but he's not her employer.

>> that's -- jenna: so, fred, here's something to bring into the conversation though on your point. you think he doesn't have a case teachers, one in particular, wrote a poem fact sizing about -- fantasizing about killing a teacher. the case went to court, and the judge dismissed it, and the student did not have to be suspended because the judge deemed there was no interference, there was no substantial disruption to the school environment and, therefore, the suspension shouldn't stand. so -- >> well, but that's not the case here. this woman has already said she's afraid to walk the halls, she's afraid to use the ladies' room, so there is an interference. >> but, fred, that's got to be based on a rational set of facts. he didn't say i want to rape this woman, he didn't say i want to hurt her. he's just complimenting her, she's smart and articulate, two of the nine words that he used. is it reasonable for her to be looking over her shoulder because a man describes her in words that are appropriate

enough to put on the screen on the fox news channel? >> arthur, you take your plaintiff as you find them. they teach you that in law school. if she, if she finds it offensive, then the answer is, yes. >> any student that writes something the teacher finds offensive, we're going to throw them out of school? jenna: i'd be curious about what some of our female viewers think about this. and also arthur's assertion that men change a lot between -- [laughter] >> at my age, i'd take mrs. thurston howell iii. [laughter] jenna: we have to end it. >> we do change. i'm a ginger guy, no matter what jon says. >> no way, i want the money. [laughter] >> have a great weekend. [laughter] >> thanks. jon: there are new calls for the attorney general, eric holder, to step down. coming up, did he lie under oath about snooping on journalists? and could your mornny coffee be doing a number on your brain?

the caffeine controversy next. . . ♪ ♪ the joint is jumpin' ♪ ♪ come in, cats

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jenna: well, coffee, now that we're in the middle of summer or the beginning of summer, we know that we enjoy coffee every once in a while. but according to a new report, your caffeine habit could be brewing some sort of mental a member of the fox news medical a team shaking his head. the reason this is coming up is that caffeine intoxication is listed in the manual when it

comes to mental health issues. and they are saying there is so many different symptoms that can actually be symptomatic of too much caffeine and coffee and that could be a problem. >> what we see in the manual is is the fact that there is potential for coffee to do that. if you treat coffee as a drug, as a mood stimulater, as a drug you have to know exactly what the right dose is, right? if you take a lot of any medication you will have intoxications. you know jenna i have been a great advocate of coffee on sunday house call and house call and all over. if you take that he to four cups of coffee a today something happens in the range of four cups a day you get all of the benefits of coffee. not two, not six. enough antioxidants it is great for diabetes, great for stroke and great for some cancers. what they are coming up in the

manual is if you take a lot of coffee, over 8, 9 cups of coffee, over a thousand milligram of caffeine you can have all of the intoxications. >> muscle twitching, rambling sleep, restlessness, nervousness. excitement. stomach upset. sleeplessness. all of the sort of issues. >> all of that is correct if you go overboard and take all of it. there is an art of drinking coffee. you you don't want to take a lot of sugar are with the coffee because you kill the whole idea. not a lot of milk with it, just moderate. pace yourself and time yourself so you are are not taking a lot in the morning and nothing -- >> how much coffee do you drink? >> four cups of coffee after every one of my cases. keeps me awake. good for me. many research scientists that back it up but you you have to know how to do it. >> what about shaky hands. i know you do a lot of robotic surgery. what about that? >> if you have heart issues,

cardiac issues, gastric reflux you need to stop. and if you have any of those symptoms in a short period coffee is not good for you. 80% to 90% of americans are drinking coffee and enjoying it. you have to know how to drink it. i will part of the fountain of youth i put that on facebook and people can read about it. >> next time we willle do it on set the proper way to drink coffee. thank you very much. appreciate it. >> try it. >> i will. we will be right back with more "happening now."

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offers strategies that can help. we took a quick survey of the crew and at the low we have someone drinking no cups of coffee, liz, only tea. she doesn't do the coffee stuff. you are the highest drinking section cups of coffee. >> in the morning only. >> you would never know that jon scott is constantly hopped up on caffeine. >> i like my coffee. >> is smooth, right. >> some of the viewers on twitter were a little worried about that because they were worried we were going to tell them not to drink coffee. don't want to mess with the coffee drinkers. the doctor says okay, three to four cups, you are golden. >> okay but i'm not cutting back. >> thanks for joining us, everybody. >> america's news headquarters live starts right now. have a great weekend! >> megyn: seconds ago we saw you what we believe are journalists headed into the justice department and a new round of meetings aimed at

containing a political firestorm over the d.o.j. spying on reporters. the question now will these be enough to help the attorney general keep his job. welcome to america live i'm megyn kelly. the doj met with the the print media and discussed ways the department handles the investigations that may involve reporters. the controversy first erupted with reports that the doj spied on the associated press for months without its knowledge and then we learned after eric holder told us how rare it was that they had done it to fox news correspondent james rosen. he said he is committed to changing justice department guidelines, the guidelines he used to spy on them in the first place but demands that journalists keep most of what was said confidential. he wanted the meetings to be off-the-record and only gave authority for them to reveal bits and pieces of the