yesterday. everybody out of the pool. can't mess around with it. bill: i can't imagine the amount of grief the guys took in the locker room. martha: saying i'm out of here. bill: a lot of people are doing that. martha: happy monday, everybody, have a good day. bill: watch you tomorrow. martha: okay. jenna: brand-new stories and breaking news. jon: attorney general eric holder on the hot seat as republicans say he lied to congress in the reporter snooping scandal. some in the west wing they say hope he resigns. after 20 years on the run one of the nation's most wanted fugitives finally will face a judge. the latest on mobster james "whitey" bulger's long awaited murder trial. a massive search effort underway for a woman who disappeared last week on the way home from her parents' house, but we are now learning there could be a major break in this case. it's all "happening now."

and a good morning to you on this monday. i'm jon scott. jenna: hi, everybody, i'm jenna lee. the calls are growing louder for attorney general eric holder to step down as republicans launch and investigation into whether he lied under oath during his testimony on the justice department's surveillance of reporters. calls for holder's resignation aren't just coming from the right. "the new york times" reporting, even some in the white house are hoping mr. holder calls it quits although they are doing it anonymously. shan and bream is live with more on the story. there is a big deadline on wednesday for the attorney general, what is that deadline and what happens if he doesn't comply? >> reporter: well, jenna g.o.p. leaders on the house judiciary committee have laid out what they say appears to be a conflict between what the attorney general told them when he testified been the committees on may 15th and what they later learned about his involve. in the decision to aggressively track journalists and obtain their personal records. i asked one of the authors of this letter to the attorney

general asking for answers, wisconsin republican gym sensenbrenner what happens if holder does not comply by the wended line. >> i think we ought to subpoena the attorney general to come back and answer those questions specifically. this is congress fulfilling its constitutional obligation to provide oversight over the executive branch of government. now, oversight is tough, and when you receive an oversight letter there are consequences for not complying. >> reporter: other house republicans say they will support the move to subpoena holder if it comes to that, jenna. jenna: what are the supporters of eric holder saying? >> reporter: they believe the attorney general did not mislead congress, or the committee when he testified that he had never been involved in the potential prosecution of journalists, because despite the fact that the search warrant application into james rosen's emails accused him of criminal activity ef was never actually prosecuted, tharsee why senator

chuck schumer says he won't face perjury charges. >> i don't think there is perjury. there's been no prosecution or a at the time. ed prosecution of any journalist. there can't be perjury. the warrant is a tool to get information, and i do don't think the two were contradictory. i don't think any criminal lawyer would say there is a scintilla of evidence of perjury. >> reporter: the white house continues to publicly back the attorney general as well. jenna: more on this story throughout the day today. shannon, thank you. jon: turning now to the growing motion the a the i.r.s., the internal revenue service under fire for car getting conservatives faces mounting criticism for how it spend our taxpayer dollars, the ones it collects. a new government watchdog report zeroing on lavish i.r.s. employee conferences costing $50 million, including hefty guest speaker fees, e spence i have employee perks, even pricey hotel suites. some tough questions may be in store nor the newly appointed acting i.r.s. commissioner

daniel wuerffel and a hearing on capitol hill. mike emanuel is live on the hill for us now. check the stage, mike this will be the fourth congressional hearing looking into the i.r.s.? >> reporter: that is correct. this will be the house appropriations subcommittee, the first time we've heard testimony from the new acting i.r.s. commissioner daniel robe fill wuerffel. he was to conduct a being hrao into the mess and conduct a top to bottom review. you can expect plenty of yes, sir about lavish spending at the i.r.s. to be clear mr. wuerffel was not there at the time. as for the money matters here is another key committee chairman on that aspect. >> it's clear that the culture of the i.r.s. during this period of time was one that did not particularly care about whether they spent well the taxpayers' money and that included what they paid for hotel rooms and many of the perks they showered on themselves.

>> reporter: the first of three i.r.s. hearings on capitol hill will start in about four hours, jon. jon: what about the calls for a special prosecutor to try to get to the bottom of the i.r.s. matter? >> reporter: that idea has been floated, some have suggested that is the best way to get at exactly how far this whole i.r.s. mess extends into the government, beyond perhaps the i.r.s. agency itself. but a key political adviser, longtime political adviser to president obama says he does not think it's necessary. >> any number of congressional committees spending an inordinate amount of time on this this will be looked into thoroughly as it should be. the question is is that congress is going to do? are we going to be obsessed with scandal and trying to score political reports. >> reporter: plouffe was clear in saying he did not believe and he is convinced that the whole i.r.s. was not driven by the white house, jon. jon: mike emanuel in the capitol for us now. thanks.

jenna: right now crews are searching flooded areas of oklahoma for six people still missing after a violent storm battered the region. you had flash floods, a lot of tornadoes. 13 people dead including four young children and three veteran storm chasers. mike to be inch is live in el reno, oklahoma with more. what about your day? what is the activity you're seeing? >> reporter: some of the activity is a cleanup. we've seen the demolition crews out here at the canadian valley technical center. this is a remarkable example, it appears to me to be an example of a wall that blew out because of the pressure inside of the building that was greater than the pressure outside of the building when the tornado descended. this is all made of bricks and more a tar and just blown-out in this direction. there also appears here to be a lot of wind damage. as you look around and you look down at the aviation technology center there you can see an airplane that was in the hangar and the whole roof came down. the good news to report out of this particular center is everybody knew what to do with their tornado drills and they were underground in a cellar

when the tornado hit here and everyone survived from this location. a dramatically powerful storm as people are cleaning up for the second time in as many weeks, jenna. jenna: and we can see on our screen there we have 13 dead, others that are still missing, mike. what about the search for more victims today? >> reporter: well, the search is going on, in the oklahoma and the deep fork rivers. the problem is those rivers are so swollen and so rapid it's a little too treacherous for the fire crews and the dive crews to get in the water right now. so they are searching the banks of the river and sadly we do expect the death toll to rise because there are four children and two adults who have been missing since this last round of tornadoes, jenna. jenna: the headlines all the more familiar these days, mike unfortunately. back to you on the ground there as we get more news. thank you. >> reporter: you got it. bill. jon: after months in hiding disabled olympian oscar oscar pistorius will be back in the spotlight tomorrow. an update on his murder case in south africa after the break. shocking allegations from a top republican, why congressman

darrell issa says the obama administration is to blame for the i.r.s. political targeting scandal. we'll talk with karl rove about it next. >> my gut tells me that too many people knew that this wrongdoing was going on before the election, and at least by some sort of convenient benign neglect allowed it to go on through the election, allowed these groups, these conservative groups, these if you will, not friends of the president, to be disenfranchised through an election. angie's list is essential. i automatically go there.

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and you'll find the right person quickly and easily. i'm busy, busy, busy, busy. thank goodness for angie's list. from roofers to plumbers to dentists and more, angie's list -- reviews you can trust. jenna: after nearly two decades on the rub the reputed mob boss james "whitey" bulger will face a judge whose trial gets underway with jury selection tomorrow. he's accused of killing 19 people over a 12-year period.

moving on here a disabled olympian oscar pistorius will be back in the spotlight tomorrow as well when he appears in a court hearing ahead of his murder trial. the man known as the bladerunner is accused of shooting his girlfriend on valentine's day. he says he thought she was an intruder. her family thinks differently. pia zadora has been arrested on domestic battery and coercion. she was taken into custody after police responded to a disturbance call at her las vegas home. police have not releas released the name of the victim. jon: bombshell allegations from a top republican congressman investigating the i.r.s. political targeting scandal. oversight chairman darrell issa says they received direct orders from washington to single out conservative groups who were applying for tax exempt status. something the white house denies >> we are looking at the i.r.s. for how big the problem is.

as late as last week the administration is still trying to say there are a few rogue agents in cincinnati, when in fact the craigs is they were directly being ordered from washington. jon: karl rove is a former senior adviser and deputy chief of staff to president george w. bush, also a fox news contributor. and he joins us now. you have suggested that essentially the tone was set in washington for this i.r.s. scandal. darrell issa seems to go a little farther than you do. what do you think about his statement? >> he had the advantage of having his investigators on the house government reform committee interview some of the people in cincinnati, some of these i.r.s. employees. at least two of them said -- one was a senior person, they said they requested a transfer in july of 2010 because they thought it was micromanagement by washington, that washington was saying target conservative groups, target republican groups, republican-leaning groups, and the other one affirmed that the instructions for the bolo list to be on the look out for came from washington.

look, we know that it's just not rogue agents in cincinnati. we've known for a couple of weeks that some of these groups were contacted by i.r.s. agents in laguna niguel, california and another california office, baltimore, maryland and washington d.c. one of these letters is signed by lois lerner herself. the idea that this was a few rogue people at the bottom of the food chain in cincinnati has been, you know, disproved for weeks now, and it's amazing that the white house continues to say this. david plouffe yesterday on abc this morning this week said it's a couple of rogue agents and it's not political. how you can say this is not political when only conservative and republican-leaning groups where are targeted is beyond me. jon: his quote is are we just going to be obsessed with scandal and trying to score political points. is that what this is? >> you know, the power to thabgs is the power to destroy. when the i.r.s. is deployed on behalf of a political objective, that is to say, you know, do something bad to the president's political opponents that ought to disturb everybody.

if it can happen to republicans when democrats are in power then it can happen to democrats when republicans are in power. if we get to that point then we are no longer the united states of america he we are a third world country run by generals in mirrored sunglasses. jon: a little bit later in the hour we'll be talking with a columnist from the washington times who did an investigation of political combinations. tim carney. >> rivets i can work. unbelievably good work. jon: found in the 2012 election cycle every single contribution he could locate was given from those i.r.s. employees either to president obama's campaign or satisfactor shard brown the democratic senator. >> i.r.s. employees are able to make political contributions. it shouldn't surprise anybody that people who work for the i.r.s. are liberal in their voting and democrats. the moment they walk into that office they are responsible for

implying the tax laws of the united states in an impartial way. what we know now is they didn't. the i.r.s. acknowledges it didn't, the treasury department acknowledges it didn't. the white house acknowledges it didn't apply them impartially. but what we've got is we've got the white house claiming, oh it wasn't political. well it's political if the only people being targeted are your political opponents. jon: we also know that the i.r.s. doesn't seem to care too much about how much it spends on its conventions and employee entertainment. >> and conferences. we had how many tens of thousands of dollars spent on a star trek poof video. jon: 60,000. >> it's amazing to me they have a huge conference in anaheim. they buy a bunch of rooms, rent a bu bunch of rooms in bulk and don't negotiate with the hotel to get the cheapest rate. all they are interested in is how many drink coupons and special benefits will we get for the employees who come here. they are responsible for not only collecting revenue but spending the revenue that they

have under their power as responsibly as possible and clearly they didn't. jon: is this the kind of thing that has always gone on in government? do you think this will mark a change? >> look we've had the gsa scandal where we had the outrageous expenditures in the las vegas conference. we are now having it in the i.r.s. it is endemic in government. the question is are the people in charge going to reign it in and hold those responsible for these actions to account? if they do then it will probably discourage it for a period of time. yes, when you have big government and it's not their money they are spending you tend to get some weird habits engrained in the bureaucrats. jon: that pretty awful news. karl rove, thank you very much. >> you bet. jenna: the army officer accused of killing 13 people at fort hood is asking a judge for permission to represent himself in a case that carries a potential death penalty. we'll tell you ever more about that coming up. also a brutal police crackdown sparking four days of violent riots in turkey, a live report state ahead. dad. how did you get here?

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jon: right now a judge must decide whether the army psychiatrist charged in the fort hood shooting rampage will be allowed to represent himself. major nidal hasan is accused of murdering 13 people and faces a possible death sentence if convicted. heather nauert has that. >> reporter: the judge is expected to make the decision last week but she delayed it in order to review a doctor's report about hasan's physical condition and whether or not he would be physically able to withstand that trial. you may remember he was paralyzed from the waist down after being shot by police on the day of the massacre. last week the judge ruled that he is mentally competent to

handle his own case. military law allows defendants to represent themselves in court but the judge is likely to ask hasan's attorneys to stay throughout the trial just in case he has questions about how things should go. if hasan fails to follow the rules of evidence in court, also procedure and decorum that right to self-representation could actually be taken away to avoid a mistrial, and that is of course something that nobody wants. it is also worth mentioning that some military law experts we've spoken to who are not working on the case believe that hasan wants to do this as an act of defines and of course that is something that we've seen in court with at least one gitmo detainee. jury selection is expected to start the day after tomorrow, but that could be delayed as well. the trial is set to begin next month. hasan faces the death penalty or life in prison without parole if he's convicted of 13 counts of murder and 32 charges of attempted murder. we'll keep on this and bring you the latest, jon. jon: he's already being allowed to brea breaking news army

rules by wearing a beard. >> that's right. this one is in a cord tans with military law that he can represent himself. jon: thank you. jenna: returning overseas now new information on four days of violent riots rocking turkey. the prime minister is calling for calm while processers say his government is the problem. leland vittert is live in our mideast bureau with more. >> reporter: it's probg probably toker low to call this the tush kish spring yet. we have the report of the very first protester who had died in this. live pictures coming to us from the main square in istanbul where things have calmed down a little bit here in the late afternoon but they are probably likely to heat up later today, later this week, as these protestors return. hundreds of people have now been injured. it's unclear exactly what these protestors want. they don't have a clear leader as of yet, but there is growing anger inside of turkey over the prime minister and his continued power grabs moving towards an a tore tear yan regime.

they h-r also moving the country which had been largely secular into something more resembling a islamist state. one of the clashes has been because of a ban on alcohol sales. very heavy-handed police tactics, the use of water cannons to spray down protestors and volley after volley of teargas. the prime minister for his part has been very defiant with these protestors saying it is just a minority fridge there. it's important to point out that turkey is a very different country than those countries rocked by the arab spring namely that the prime minister there, the whole government is democratically elected. the prime minister is well thought of around the world and the united states so far has stood by him and called for calm. there is a bit of irony here in the turkish protestors. the prime minister has been one of the big supporters of the arab spring. he was quoted over the past couple of years a number of times telling arab dictators they needed to heed the words of

their citizens and step down. he has supported the syrian rebels. if the protests continue the words could come back to haunt him or make things a little bit complicated with thousands of people in the street tkelg him ttelling him to go and him saying, no, no. jenna: this area has been in turmoil. it's a sister rewe'll continue to follow. leland, thank you very much. jon: the attorney general, eric holder trying to move past the scandal involving his justice department seizing reports from skwrourp skwrourpb lists meeting with several news outlets. we'll get insight as to what was discussed from someone who was there. the search for the missing continues in tornado-ravaged, oklahoma. is the threat of severe weather there over? meteorologist maria molina joins us next. we went out and asked people a simple question:

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need a little kick? everybody has different ideas, goals, appetite for risk. you can't say 'one size fits all'. it doesn't. that's crazy. we're all totally different. ishares core. etf building blocks for your personalized portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. jenna: welcome back, everyone. folks in oklahoma are dealing with the aftermath of yet some more violent weather after tornadoes and flooding killed at least 13 people over the weekend, and they're not out of the woods yet with more extreme weather on the way. maria molina's got the latest on this. >> reporter: hello, everyone. that's right, we're talking about more severe weather across parts of the spral plains --

central plains, and take a look at what we're expecting severe weather for today. parts of the texas panhandling, oklahoma, kansas, nebraska, and up into south dakota. this is an area we'll be tracking into the evening for the potential of seeing some damaging winds in excess of 60 miles an hour, large hail and even tornadoes. by tomorrow oklahoma city, you're looking at that risk for severe storms. this risk is not as large as last week's, estimated to be about an ef3 strength. it only takes one storm to produce a tornado and cause significant damage in your area, so have a way to heed the warnings and into wednesday, oklahoma city, you're seeing that risk yet again and also parts of northern texas including the city of lubbock. i do want to switch gears a little bit because hurricane season for the atlantic officially started on saturday, june 1st, and we're already watching an area of showers and storms that's very disorganized right now, a lot of wind sheer, so that's helping to tear the

storm apart, but there is that potential, the national hurricane center is keeping an eye on it for that system to eventually become a tropical storm or a named system. a lot of heavy rain expected with it either way, so if it becomes a depression or a tropical storm, doesn't really matter, the story is that we are expecting a lot of heavy rain with that system across florida, 3, 4 locally more inches of rain, flooding will be a concern. jon: in the next couple of days probably? >> reporter: yep. tomorrow. jon: maria molina, thank you. turning to a disaster at a slaughterhouse in china killing more than a hundred people and hurting dozens more. david piper is streaming live from bangkok, thailand. david? >> reporter: yes. fire broke out monday in china at a poultry processing factory in the northeast about 500 miles northeast of beijing. 500 firefighters were sent to

tackle the blaze which which spread quickly through the building. the fire caused panic at the plant. staff described lights going out and the building filling quickly with smoke. some eyewitnesses heard explosions before the fire started, and that caused panic and a crush of workers as they tried to escape. but as they tried to flee, they found exits blocked or locked. some workers say they were knocked to the ground as the crowd tried to get out of the building. workers on chinese state tv say the blaze may have started in a locker room during a shift change. one woman desperately crawled along the floor with other women trying to find an exit. she didn't know if the others survived. families were quoted as saying the factory do doors are always locked during office working hours, and china's media also reported the front gate was locked when the blaze started. about a hundred workers escaped the fire, many of them being taken to hospital. the number of workers who were trapped in the building has yet

to be confirmed. the fire is now mostly put out, and the bodies are being removed. but a government worker has said that it's likely, jon, that the death toll will rise yet. back to you. jon: wow. unbelievable. david piper live in bangkok, thank you. jenna: well, back here at home we're awaiting a congressional hearing later today on the irs, the first of several on tap this week. my next guest says of all the scandals brewing for the white house, the irs matters most to this administration and to the american people. "wall street journal" executive editor jerry seib also attended an off-the-record meeting with attorney general eric holder who is under fire for the seizure of phone and e-mail records from reporters from several media outlets. a controversy that even the executive editor for "the new york times" says has impacted their news gathering ability right now. listen to this exchange on one of the sunday shows. >> the reporters who work for the times in washington have told me that many of their

sources are petrified to even return calls. >> that was my next question. you are already -- >> it has a real, practical effect that is important. jenna: jerry joins us now, executive editor for "the wall street journal" down in d.c. jerry, are you having the same experience, are you hearing the same from your reporters, that this has already affected news gathering? >> well, i think it's been that way for a little while now, and it varies from beat to beat and reporter to reporter, but, you know, president obama himself in the speech he gave last week about a new approach to the war on terror acknowledged that one of the things that is of concern here is that these kinds of things can have a chilling effect on the give and take between reporters and their sources and, by effect, impede the flow of information to the u.s. people which is what we ought to be concerned about. reporters, whether they have a hard time doing their jobs or not is not so important as the idea that what journalists do is allow a flow of information to

the american people, some of which the government likes to have out, some of which they don't. and the danger here is that there's a chilling effect. you know, the administration says it has only done six of these leak investigations, but the ripple effects of those six -- because they send signals to the bureaucracy -- can be an awful lot wider than that. jenna: there's been a lot of talk, ironically, about this meeting with the attorney general. to move that forward, jerry, i'm just curious, have you had any sort of follow-up since that meeting, more meetings to come, has anyone contacted you since that time from the doj? >> yeah. well, first, it wasn't really technically off the record. we were able to report and did, in fact, the journal had a story, "the washington post" had a story, politico had a story. those of us who were in the meeting conveyed the information about what happened at that larr readers. and two important things happened in my estimation anyway. one was that attorney general holder committed himself in the meeting to changing the guidelines the justice department uses for handling these kinds of investigations.

i mean, implicit in that is a belief that the guidelines aren't really working the way they're supposed to to protect journalists' rights and they're probably outdated, and secondly, there was a commitment to support a federal shield law, a natural law that protects a journal's right to do their jobs without fearing they're going to go to jail. that was on the record, we publicized that, and i think it's important that the justice department is on the record as having commit today that. subsequent to that meeting, there was another couple of meetings on friday with news organizations, bureau chiefs and other editors from other news organizations beyond the ones that were in the meeting i attended. there are going to be more meetings this week with media lawyers and down the road probably with academics. what the justice department has been ordered to do by the president is come up with some kind of report by july 12th that explains how they're going to change the process so that we don't get in this situation again. we'll see if that goal can be achieved, but that's what they've been ordered to do.

jenna: how long have you worked in journalism for? >> i'm about a 30-year veteran, so i've seen this from lots of angles. about 25 of those years in washington, so i've seen a lot of this. jenna: i'm drawing upon your experience, because some may have the question about why we need new laws now during this administration versus anytime in the past several decades. >> well, look, there are a couple of things that have changed. and by the way, this push for a federal shield law, it goes back further than this administration. that's been floating around for a while, it's just never quite gotten done. i think the war on terrorism has created new tensions and sensitivities and created new efforts by people in the bureaucracy to clamp down on information. and this is the very tension between kind of a perpetual war on terror and civil liberties that president obama himself referred to in his speech last week. so that's, i think, the big new game that's changed the rules for everybody, and i think the government has now realized they have to think hard about how they're going to handle that.

jenna: certainly a lot more discussion in the weeks and months to follow. jerry, real quick our next segment we're going to be talking more about the irs, despite the doj and all the different scandals, you wrote in the paper that you still believe the irs scandal is the most important one not only for this administration, but for the american public. why do you believe that? >> well, not because i think somebody in the white house ordered the irs to bear down on conservative groups and tea party groups, that would be particularly stupid, and i don't think that's the way the system works. i think, though, it's damaging for the administration because it has the effect of calling into question in the minds of the american people whether the government can be effective and impartial and not intrusive in carrying out all kinds of goth programs. and if you're interested in implementing, you know, the affordable care act, what people call obamacare, or in saying the government can help solve problems like energy independence or help save the automakers and the government can do those jobs efficiently and effectively, well, this kind

of scandal or this kind of controversy calls into question in people's minds whether they can trust the government to do those starts of things -- sorts of things effectively and not intrusively, and that's what i think the long-term issue is for the obama administration. jenna: just real quick, it's corrosive, what you're saying, to government overall regardless of party. how do you reverse that? what fixes that? >> well -- [laughter] that's a really good question. i think what probably fixes it over time is finding examples in which the government has done something well. i mean, if people are always going to be suspicious of government, i think you probably do have to say over and over -- and i suspect you'll hear this president say this over the next three years -- i'm interested in activist government but not big government, effective government, not overarching government. but the proof is in the pudding. i think there's going to be a long time in turning around perceptions that have been created by this particular scandal. jenna: always look forward to our conversations, jerry, and appreciate the time. thank you so much. >> sure, jenna. thanks. jenna: the search for a north carolina woman enters a second week. holly fisher last seen leaving

her parents' home. the latest on new efforts to find her coming up in a live report. and new speculation on the white house's potential involvement in the irs profiling scandal. now, the obama administration insists it had nothing to do with the targeting of tea party groups. a closer look at the growing blame game in washington. lindsey! i just discovered these new triscuit are baked with own rice and sweet potato! triscuit has a new snack? no way. way.

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jenna: new next hour, we're watching a dangerous wildfire just north of los angeles.

it's already charred 46 square miles of land and destroying several homes. live with the latest on where it's heading now. also, rangers in yosemite are searching for a teenager they believe was swept over a 600-foot waterfall. the latest on that. and fighting hacking with hacking. we're going to take you through a computer training session where teens are learning how to protect valuable data. jon: well, lots of finger pointing in the growing irs profiling scandal as investigators try to determine who was behind the targeting of tea party groups and why. some suspect the white house might be involved, others say a few rogue agents are to blame. in a recent piece in the washington examiner, the examiner's senior political columnist, tim carney, points out the irs is heavily democratic and says one employee he spoke to is even a member of a facebook group urging the targeting of tea party states. tim carney joins us now for more

on this. that targeting of tea party states part was interesting to me, tim. tell us what you found this irs employee is part of a facebook page devoted to what? >> well, so, yes. i got a lot of e-mails from irs employees after i wrote a first column about the irs issue, and one of them i just googled him, and his facebook page he was a member of a group called target the government shutdown at tea party states. meaning if the debt ceiling negotiations in 2011 led to a government shutdown, they said, well, make sure it's in phoenix, arizona, that the airport shuts down. it wasn't something related to the irs, but it was clearly showing an antipathy towards the tea party by this career bureaucrat in the irs, and i think that's probably fairly typical in that agency and most government agencies. jon: well, and you have an

explanation as to why you think that happens. >> well, yes. so some of the other irs workers who e-mailed me said of course we're going to support democrats. democrats support civil servants. democrats support public employee unions. and another one said why would i support the party of grover norquist who wants to shrink the government down to the size where it could drown in a bathtub? these are government employees who belong to a union. they are naturally going to be aligned with democrats, and that's problematic. jon: yeah. as we have seen from this evidence that the irs has been throwing itself some lavish conferences, paying full rate for hotel suites, $50,000, you know, parody videos, that kind of thing. this is an agency that doesn't seem to necessarily know how to economize. >> well, and for me the problem is that our tax code because to be a special tax-exempt group there's certain guidelines. so the irs is in the position of policing political speech, of

deciding are you overly political, or do you really count as a social welfare organization? if you are a democrat surrounded by a bunch of democrats, no matter how well intentioned you are, you're going to be more skeptical of a tea party group. are these guys really pursuing social welfare? it's going to not occur to you that, well, yes, they are trying to pursue social welfare. so my problem is these people are in charge of policing political speech when they are democrats surrounded by democrats and the campaign contribution numbers tell that story. jon: well, and when you looked into the political contributions in the 2012 election cycle from the cincinnati office where this whole targeting of the tea party first came to light, what did you find? >> well, every donation i could trace to an irs employee of the cincinnati office. every single donation went to either liberal democratic senator sherrod brown of ohio or to president barack obama. 100% of the donations that i

could find from someone who listed themselves as an irs employee and lived in the cincinnati area. jon scrn eventually, there will be a republican administration. do you see this ever changing? >> well, part of the problem, again, is the nature of the civil service, and that so many of them are union eyes. and -- unionized x. the union gives something like 95% of its donations to democrats. so government employee unions are now and will always be predominantly democratic. and so no matter who's the president, i think that's going to be the situation. and so, again, the problem comes to whether they are charged with something like saying who's overly political, who's actually pursuing social welfare, that's when the partisanship really creates a problem even if everybody involved has good intentions. jon: tim carney is the senior political columnist at the washington times. >> washington examiner, sorry. jon: i'm sorry, pardon me. my fault. thanks for correcting me. >> thank you. jon: thank you.

jenna: a possible break in the case of a missing woman who disappeared last week from her parents' house. we have the breaking details on this story. and angelina jolie returns to the red carpet. what she said about her surgery coming up in our fox 411. new honey bunches of oats greek yogurt and whole grain. here we go. honey cornflakes and chunks of greek yogurt. i'm tasting both the yogurt and the honey at the same time. i'm like digging this yogurt thing. i feel healthy. new honey bunches of oats greek.

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jon: for the first time since announcing her double mastectomy, angelina jolie returned to the red carpet this weekend. >> reporter: hey, jon. an emotional outing as the two signed autograph, gave interviews and walked a black, not red carpet, in london at the world premiere of pitt's big budget film, world war z. he stars as a u.n. worker battling to save the world from a zombie apocalypse. the event was the pitt' first

appearance since announcing jolie underwent a double mastectomy. she had discovered she was at high risk for breast and ovarian cancer. her mother died at age 56, and last sunday her aunt died of breast cancer. jolie said she felt fine and was hopeful her difficult decision can help others. listen. >> i've been very happy to see the discussion about women's health expanded, and that means the world to me, and after losing my mom to these issues, i'm very grateful for it, and i've been very moved by the kind, the support from people. really very grateful for it. >> reporter: also very grateful was pitt who commended her for her sacrifice and bravery. >> the fact that she would not be frightened of this, what she'd have to go through to do this, to take this specter away from our family and insure that she'd be there longer for our family, my kids and i wouldn't have to certainly because of

mom -- i'll get very couldn't emotional, but it means the world to me. >> reporter: beginning in february, the actress underwent three surgeries which she kept from the public. jolie say it is procedure reduced her chance of developing breast cancer from 87% to under 5%. she certainly is a hero in many women's eyes after undergoing. what a brave move for her. jon: we wish her well. >> reporter: yeah, we do. jon: thanks, julie. -and-a-half-and-a-half breaking developments in the search for a north carolina woman missing since last week. heather? >> reporter: hi there, jenna. i got off the phone with some family members and also the police, and they tell many that the -- tell me that the area where holly was last driving her car is very rugged and rural terrain. you can see her right there. and they tell me in a fox exclusive that her body and her car was just located. holly fisher, 39 years old, from charlotte, north carolina. you can see the poster right

there. police, friends and volunteers were out in a massive search over the weekend. this in north carolina in wilkes county. they were looking for this car. her body was found in her car in miller's creek, north carolina, a very rural area. and here is what we are understanding right now. according to the sheriff's office, there was a search party that was out overnight, and about 8:30 p.m. he, one of the men who was a part of the search party drove on this highway, highway 16, and he saw a bunch of broken branches. well, he went immediately to the closest fire department and reported that he found that. the fire department was then able to go out to that location, and they were able to find a car down there. now, i'm told that this was a 1,000-foot drop. the car apparently going over a thousand feet, and they found then this morning, it was first time that they were able to get in there, the body of holly fisher and also her car. friends and family releasing a statement just moments ago

saying: it is with unbearable sadness -- and i'm reading it off my mobile device here -- that we can confirm that she was not found alive. our hearts are broken. the family wishes to express their tremendous gratitude to the countless authorities and volunteers who participated in the search for holly. without your tireless efforts, we may not have found her, and it goes on. she was a popular charlotte, north carolina, resident. she went to usc, and she used to work at the discovery channel. it is a sad day for those family and friends of 39-year-old holly fisher. jenna? jenna: heather, with that exclusive reporting for us, breaking news on that missing woman in north carolina. heather, thank you very much. we'll be right back with more "happening now." >> reporter: thanks, jenna. [ stewart ] this is the kind of food i love to cook.

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jenna: live to capitol hill this hour as lawmakers get ready for a new hearing on the i.r.s. controversy with the profiling scandal already rocking the tax agency, as well as the country. from one scandal to another. new troubles for attorney general eric holder. should he keep his job, that is one of the big questions we are asking. a massive wildfire fight and the impact mother nature is having on the race to tame the fast-moving names. flames. hello, everyone, we are are awaiting that hearing on a new hearing on the i.r.s. controversy. glad you are with us, everybody, i'm jenna lee. jon: welcome to the second hour of "happening now," i'm jon scott.

we are live on capitol hill. lawmakers are about to hear from the new acting i.r.s. commissioner amid questions about big spending by the tax agency, including $50 million it shelled out for employee conferences. some of that money going for videos like this one featuring i.r.s. workers line dancing. and then there is this one, a parity of the star trek tv show. the videos paid for by your tax dollars and recorded at i.r.s. offices, all this on the heels of the political profiling scandal where the i.r.s. admits skraou croute nicing conservative groups. a foamer adviser to president obama says politics has nothing to do with it. >> there has been no suggestion the independent prosecutors looked at this. the inspector general and said there was no politics involved in this. no one has indicated at all that the white house is involved. the i.r.s. trebgte director was appointed under president bush,

served under both presidents. this was not a political certificate out. jon: karl rove was also on "happening now" last hour, and he responded to that. >> we know that it's just not rogue agents in cincinnati, we've known for a couple of weeks that some of these groups were contacted by i.r.s. agents in laguna niguel, california and another california office, baltimore, maryland and washington d.c. one of these letters is signed by lois lerner herself. jon: joining us now is bret baier the anchor of special report. it's a little bit of an apples and oranges comparison, br erbg t, because a lot of the wild i.r.s. spending happened in 2010 but at the time when we've got a sequester, cutting out white house tours in this count tee to find out that the i.r.s. was so generous of $50 million of our taxpayer money for employee conferences is pretty upsetting. >> reporter: sure and it's clearee compounding the problems for the i.r.s. this week.

it's a bit of dash ash let's not say a sideshow but a different element to the big question, and that is how far does the -- does the chain go as far as who directed these i.r.s. agents to target those tea party and conservative groups. i mean, that is the big thing that the house oversight and government reform committee will be looking at. but this financial element, i mean $50 million on 220 conferences, you have i.r.s. agents, directors staying in presidential suites for $3,500 a night, and these are the folks who are getting tax dollars that are spending tax dollars like that, so it will be a part of this week's hearing list, thursday, solely on that, but you'll hear from the acting i.r.s. commissioner today. jon: generally the tea party groups are in favor of smaller government and spending that is accounted for, is it too much of a stretch to say that, you know, the i.r.s. likes to go on its

expensive conferences, likes to have those free baseball tickets and presidential suites and doesn't necessarily want to see smaller government and accountability? >> reporter: i don't know if it's too much of a stretch or not. we'll get the full ig report on the spending of the i.r.s. tomorrow and that will list everything. what we've learned already is pretty damaging. as you remember about the gsa scandal, when you had that guy in the tub with the sangria, the image does a lot, and these videos on every news channel about the line dancing, and the star trek, and gilligan's island, does not help the i.r.s. so, it's an uphill battle for the acting i.r.s. commissioner to convince congress and america that he's on top of turning this agency around, because there is a lot of questions about it. jon: yeah, and there are a lot of questions about the future of attorney general eric holder, front page story in "the new york times" over the weekend

suggested that there are many in the white house, sort of high-level people who are suggesting he should get shoved out because of his tin ear for politics. tom brokaw said it's hard to see him holding onto his job. what is your assessment of of the attorney general's future. >> reporter: i think brokaw said it really well, that the indication of those quotes in "the new york times," that there is angst in the west wing and they wish he would leave, is the first sign. it's kind of the washington two-step he called it, and i think that is fairly accurate in that you have some democrats going out and defending holder and saying there is no reason that he shouldn't be able to stay online and do his job, but then privately sources leaking to "the new york times" that he should probably go. i think it raised a lot of eyebrows here in washington, and the going bet on capitol hill is that he goes maybe after an fbi director is sworn in.

jon: he is very close to the president and as long as the president wants him to stay he can keep the job, right? >> definitely. they have a personal relationship. if the president says he should stay on he will stay on. "the new york times" article, though could be a big turning point on the whispers from the west wing. jon: bret baier in washington, much to cover tonight i'm sure. thank you. he will have all of the political news of the day tonight 6:00 eastern on special report right here on knocks news channel. jenna: to this fox news alert a massive wildfire raging in southern california today, but cooler temperatures helping crews fight this inferno. the wildfire is known as the powerhouse fire now 40% con taped, this after scorching about 46 square miles, roughly about the size of the city of san francisco. the threat is far from over. the flames feeding on old brush ta hasn't burned for decades. more than 2,000 firefighters are struggling to contain the fire even more. burning north of the -- the

national forest, nearly 3,000 people remain under evacuation, and some say they've never seen anything like this before. >> it's overwhelming. i've been up here almost 30 years and this ain't my first fire, but this one is the worst that i've seen. jenna: adam housley is live in palmdale, california with more on the latest from there. adam? >> reporter: yeah, jenna, even as the wind picks up here in palmdale there is good news. you mentioned 40% containment. firefighters very optimistic as they go in today. that number of evacuees is down to a thousand and we are told potentially lower than that pretty soon. they will go back into areas first and make sure there are no hotspots before they let some of the homeowners back. we have aerials for you to give you an idea the last active area of this fire. the good news is the wind continue to blow it away from homes and into more rural areas. that's why firefighters are very optimistic this morning as they head in those directions. in fact a number of them have just gone back out there on the lines. they said over the weekend it was very hot, very dry, very

windy. today the temperatures are down significantly but the wind, again has come back somewhat. they do believe because they have it funneled in one direction that they will continue to make headway throughout the day. we also had numbers revised down also on the number of homes damaged. they believe right now six homes, but they are going back in again to some of the areas and that number of is expected to change in one way or the other. they believe it will stay right around six. they don't think it will grow too many. we have had a chance to hear from one of the fire chiefs talking about the importance of the aerial attack and here in california they continue to attack the fire overnight and last night was a great night to attack the fire from the eras the wind died down. take a listen. >> we are the only region in the world that does that. as it relates to saving the thousand homes and protecting all the lives i think that made a significant difference. >> reporter: once again they can fight fires here at night in california, the wind had gone away for a number of hours. they've just come back literally in the last ten minutes it went

from being still to gusts coming through here but it's much cooler than what they've seen. 40% containment at this hour. almost 30,000 acres burned. they are cautiously optimistic as they move forward. you can see some of the firefighters with smiles on their faces saying you know what we are feeling pretty good about this one although it's a big one still. jenna: we hope they continue to feel that weigh. adam, thank you. jon: a fox news weather alert now and the remnants of the deadly storm system that hit oklahoma leaving a trail of destruction from the midwest all the way to the east coast. folks cleaning up after a line of thunderstorms ripped through central maine on sunday bringing down trees, knocking out power to more than 40,000 customers. no injuries are reported. jenna: lucky in that. in illinois tens of thousands are without power for a third day after heavy rains triggered massive flooding. in some communities along the mississippi river the floodwaters washing out roads and crops. this along with reports of several tornadoes in the area. at least one packing wind upwards of 165 miles an hour,

also luckily no injuries reported. jon: and recovery efforts underway in missouri after a confirmed ef2 tornado touched down in st. charles county near st. louis leaving a 22-mile trail of destruction. again, no serious injuries there but at least one hundred homes damaged or destroyed. about 50,000 customers still without power there. jenna: in the meantime rescue teams are sifting through debris in oklahoma as the death toll there rises from tornadoes and flash foods over the weekend. at least 13 people dead, another six people still missing. will carr is live in hard hit el reno, oklahoma with the latest for us now. >> reporter: as we speak the search crews are continuing to look for those missing people, that includes four children and two adults. now they are looking in two nearby rivers, i can tell you that a deputy fire chief tells us that it looks like the people missing jumped into some nearby storm drains to try to protect themselves from the tornado, but there ended up being so much

rain pounding the area that they were washed away. >> if their family had been out there searching, family and friend right along with us, of course we are not about to tell them they can't, if it's a closer for them and they've actually helped find some, they've actually located some. >> reporter: we are told that one family actually found the body of a young boy yesterday, imagine finding the body of one of your loved ones. so while those searches continue so do the recovery efforts. i want you to take a lock at this home behind me. this home took a direct hit from the tornado, the tornado ripped the second-story of the home just completely off. we are told that is when the homeowner ran into his bedroom trying to seek some safety here, and then the tornado ripped the wall off of his bedroom. take a look, you can see his bed, his chest of drawers, his windows, amazingly he was not hurt and he tell us want ace family tells us that while all of this devastation is really heartbreaking they are really trying to concentrate on all the help efforts that they are getting from good samaritans,

many of whom they don't even know. back to you. jenna: will kerr with the latest from oklahoma, thank you. jon: three storm chasers among the dead in the violent storms that hit central oklahoma. tim samaras a veteran with 20 years ex his 24-year-old son paul were killed when that massive ef3 tornado hit near el reno. also killed carl young who worked with them, both tim and carl were featured on discovery channel's storm chasers. tim's brother says he died doing important work. >> i honestly believe that he saved lives, because of some of the things and the tools that he has deployed and developed for storm chasing. i think it is the biggest thing that he could have done is he gave his life for others. jon: colleagues say the men knew what they were doing and had a reputation for being extremely careful. jenna: crews look for a teenager they believe swept over a

waterfall in yosemite. the latest developments live from the breaking news desk coming up. the white house under a cloud of scandals from benghazi to the i.r.s. controversy over attorney general eric holder and his look at the press. should he stay on the job? senator lindsey graham is here live in studio to weigh in next.

jenna: welcome back. attorney general eric holder under fire and the justice department snooping scandal with growing calls for his resignation. leading democrat senator khaou chuck schumer says he doesn't think holder has to step down. take a listen. >> you think the attorney general keeps his job and should he? >> there have been all kinds of accusations but i haven't seen anything that would prevent him from continuing to do his job. let's not forget for about two years many of our hard-right

colleagues spent a lot of their time on fast and furious, and i'm sure there were calls for holder to step down, he continued to do his job well, and then the ig exonerated him on fast and furious. so obviously if there is wrongdoing we should find out who did it, but the president has confidence in holder and i believe he's going to stay. >> and you have confidence? >> listen, yes. as i said, i haven't seen a single accusation that prevents him from doing his job. jenna: senator lindsey graham a republican from south carolina sits on the senate jew dish air airjudiciary committee. your response to senator schumer? >> if you have confidence in him fine. i just want to know what happened in james rosen. he needs to reconcile the statement that he made to the house that he had no knowledge of a potential prosecution, he's not involved in that kind of stuff, and reconcile that statement with the fact that he signed the affidavit to get the subpoena. jenna: let me take this out of

should he stay or should he go. you have a legal background as well. do you believe the american public is at risk with this man, eric holder, the top legal officer in your country? >> i can't say it's at risk. i really do believe the attorney general's credibility is at risk. i think the public is skeptical of the way he's run his shop. the statement he made and his actions are not reconcilable, so i think that would be a good place to start, come back to the congress, attorney general holder, explain to us your actions versus what you said regarding the fox news investigation. jenna: senator schumer mentioned fast and furious in that answer. and there is an insinuation in there that here we go again, another witch hunt by republicans. david plouffe said something more directly about this in response as well to the i.r.s. scandal. let's take a listen to this. >> my suspicion is the republicans in congress will stay too obsessed, sthaou

scandals trying to repeal obama care for the 40th time. jenna: what do you think about that? what is the right way to go about this? republicans have had a lot of hearings on a multitude of different issues. >> what have we learned? jenna: what is the right way to go about it. >> to get to the truth is the best thing for the country. i don't think this was a localized problem in since nat thee. i think the conservative tea party groups were intentionally targeted as critics of the administration and people used the power the i.r.s. gave them over these groups to silence one group and let the other group flourish and that is bad for democracy. i don't know in it goes become to the white house. i do know this that if a bush administration official in charge of regulating 501c4 groups was accused of silencing liberal groups, and she took the fifth amendment, we would not be asking, are the democrats going too far by trying to ask more questions. jenna: how do you use the democrat's playbook for your own benefit if you want the truth?

>> all i want is the truth. i want her to come back in some fashion, i think she waived her fifth amendment rights. what do we know about benghazi? nine months after the attack have you heard from wrong survivor? i've tried to get survivors made available to the congress. this administration is getting away with a lot. they are shielding the congress from the survivors in benghazi. the lady in charge of running the program that was used politically to target conservative groups took the fifth amendment. attorney general said he knew nothing about a potential prosecution of a journalist, he signed the affidavit and people are worried about us? please. jenna: we will hear more of this. thatsee why it's important to talk with us. here we go again, more hearings and more hearings and more hearings. yet there are big issues, immigration and the economy of course and -- >> if they want us to stop, do they care that the attorney general denied having any -pbl o knowledge of a potential

criminal investigation when he in fact signed the affidavit? do they want to hear from the survivors? why were they left abandoned for seven and a half hours. when it comes to all of the scandals the i.r.s. did they not care that the government's power was used in a political fashion? just shut them out and pursue the truth, and wherever it takes you it takes you. jenna: is there anything you think you can do better? >> i would call eric holder back and say, now tell us again what you did with james rosen. i would subpoena every survivor in benghazi and challenge the administration to make them available to the congress for oversight purposes, and i would call the lady back that look the fifth amendment and try to find out what the hell she did. we know nothing about these three scandals and democrats are trying to make us to be the bad guys. i've done nothing wrong. darrell issa has nothing wrong. he didn't go before the congress and say he was uninvolved when he was. after the the end of the day we need to push forward to find out what happened with the i.r.s., what happened with james rosen and fox news, and what happened

in benghazi, and i'm not going to stop until we find out what happened. jenna: big questions as you return from a recess, starting tomorrow. senator graham nice to have you in studio. >> thank you. jenna: we look forward to more conversations and we'll be right back with more "happening now." clients are always learning more to make their money do more. (ann) to help me plan my next move, i take scottrade's free, in-branch seminars... plus, their live webinars. i use daily market commentary to improve my strategy. and my local scottrade office guides my learning every step of the way. because they know i don't trade like everybody. i trade like me. i'm with scottrade. (announcer) scottrade... ranked "highest in customer loyalty for brokerage and investment companies."

jon: california is facing something it hasn't seen in more than a decade, a budget surplus. and governor jerry brown wants to save the money for a rainy day fund. but his democratically controlled legislature has a different idea. william la jeunesse live in l.a. with more. >> reporter: jon, lawmakers want to spend the money, the problem for governor brown is democrats control sacramento with a super majority and he fears that the current revenues are

unsustainable and history will repeat itself. >> from the time they get up in the morning and flush the toilet they are taxed, if they go for lunch they are tax heed. this goes on all day long, tax, tax, tax, tax, tax. >> reporter: that rant in 2003 helped get arnold schwarzenegger elected governor, yet as he and his successor found out state spending was even worse with. >> our state is in serious trouble. >> reporter: california stood on the brink of bankruptcy just three years ago, 60 billion in debt. after borrowing, cutting and raising taxes the state is unexpectantly in the black. >> we have to be careful because we have a boom and bust cycle. we want to be prudent not exuberant. >> reporter: many in governor brown's own party are planning to spend every penny of the state's new found wealth >> when they say there is a $4 billion excess in the general fund some of these programs can be restored. >> the legislatures being besieged by people who want to

spend more money, they want to spend more money on social services and health services particularly. >> reporter: even brown fears his democratic colleagues will return to the tax and spend policies that broke california. >> we have a lot of money, well they have a wege, board, i don't. >> the governor says, hey we screwed this thing up before. we overspent revenues, phantom revenues, one-time revenues and got ourselves in big trouble. >> reporter: the windfall is between 1 and $4 billion. most of it is from the tax increase on the wealthy and a one time sell off to avoid capital gains coming in 2013. that's why governor brown to be prudent, and we'll see if he can restrain his own party and the proceed sreu proclivity to spend what it gets. jon: that amount of money won't go too far.

jenna: new hearings and fallout from the scandals swirling around the white house. eric holder in the thick of it with more questions about the justice department spying on journalists in the so-called off the record meetings. our news watch panel weighs in coming up with jon. a tran particular search for this teenager believed swept over a waterfall in one of america's most popular national parks. the details just ahead. humans. even when we cross our "ts" and dot our "i's",

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jon: well, several scandals continue to rock the white house with growing calls for attorney

general eric holder to step down. there's a new report that even some in the white house are hoping he resigns, all of this coming on the heels of mr. holder's off-the-record meeting with journalists over the justice department's snooping scandal. let's talk about that with alan colmes, the host of the alan colmes show and the author of "thank the liberals for saving america," jim pinkerton is writer for the american conservative magazine. and, jim, you have said that you don't think the doj scandals have drawn a whole lot of press attention. >> no, i don't. and tim graham of news busters made the point that the day after the holder's off-the-record meeting with some reporters -- some reporters, to their credit, boycotted the meeting -- "the new york times"' front page story was the andrew greeley biography -- obituary, pardon me, the priest who died, the novel-writing priest. meanwhile, the holder story was buried inside. i think that's a pretty good

example of how the media aren't putting the flames up on this story to force action on the part of the obama administration or attorney general holder. jon: so, alan, eric holder calls a bunch of reporters to an off-the-record meeting, many of them wouldn't attend -- including fox news. then they hold the meeting anyway and, apparently, parking lots of it -- parts of it become on the record. >> that's the problem, he should have opened it to anybody who wanted to come on the record. and that's why so many, including this news organization, didn't attend. correctly so, i think. it was another, i think it was a political mistake on the part of holder to do that, because certainly the optics on that are not very good. but to say that it's not getting enough attention, it's certainly getting a lot of attention on this channel and other places. and the fact is that the public rightfully or wrongfully is not as interest inside that as perhaps the detractors of this administration would like them to be. i think their eyes kind of glaze

over with scandal after scandal after scandal. they're not as concerned about it. >> alan, by a 76-16 margin, the americans want a special counsel, a special prosecutor. that's how much they care about. >> are well, they should. >> that's almost a 5 to 1 ratio. >> if they care about it that much, the media must be covering it. >> no, no. the thing is, as lindsey graham said just a moment ago, if this had been a republican irs operation targeting democratic c4s, there'd be a firestorm of meetings whether or not people were watching. people would watch because people tend to watch what's on the news. but the thing is the media are choosing not to play this story up -- >> i don't agree with that. >> -- even when they themselves are the target sometimes. >> the bush administration targeted the naacp and targeted a liberal church in pasadena, it got almost no attention. in fact, it's getting more attention now in the aftermath of this scandal than it did at the time.

there was as much media attention back then when -- >> go back and look -- go ahead, i'm sorry, jon. jon: alan, i was going to ask if this is going to be the most transparent and open administration in history as the president promised it would be, what was the purpose, what was eric holder thinking in holding a meeting that was supposed to be off the record? >> this may shock you, and i can't explain it. i think they should have done it on the record. i think it was a political blunder to do it off the record and create the bruhaha we've seen over the last couple days. >> jon? jon: go ahead. >> i was going to say i think noah rockman made a good point, it's actually holder's attempt to make the media complicit in this. all this fog of off the record, background, whatever, all of a sudden the media are complicit in the same cycle of leaks that the obama administration's been spawning for the last four years. >> it's funny, was the -- because thetives up until now have said be more aggressive about the leaks, and when the

administration gets perhaps too aggressive, all of a sudden it becomes a quote-unquote scandal. jon: but isn't it the case that outlets of the new york times have been beneficiaries of these leaks? >> right. the best leaks of all were the stuxnet virus and the usama bin laden kill list which led that poor pakistani doctor to be in jail where the obama administration now having leaked his name doesn't care anymore about him. those are the really juicy leaks. and "the new york times" got those, and that's why they've been so careful, i think, about publicizing or challenging the administration on the leaked stuff because they know that if anybody really started investigating leanings, they'd be the first in line whereas instead the obama administration went after secondary leaks like the yemen leaks and went after fox and the ap, not "the new york times." "the new york times" continues its special relationship with the obama administration. jon: alan, are there -- i mean, do you see it that same way? the times did not attend the eric holder meeting, but they

certainly have had more than their share of these big stories about leaks coming out of the administration. >> well, i don't have a scorecard about who got the most leaks, but i think the times not participating in this an off-the-record briefing, therefore, i think they stood up and said we're not going to put up with this either. much as you might think the times is always in the pocket of the obama administration, whenever there's a democratic administration, conservatives always think they're having a love affair with the media, but this has been contentious with all media. >> alan, "the new york times" doesn't need to go to meetings with holder. >> so do many other publications, because every reporter and every organization works to develop sources to have off the record information. jon: we're going to have to leave it there. >> the obama administration only prosecutes a few of them. jon: all right, gentlemen, we have to live it there. alan colmes, jim pinkerton, thank you both. >> thank you. jenna: why not? well, we're going to move on to this other story out of

california today. rescue teams are searching for a teenager they believe was swept over a waterfall in yosemite national park, not the first of its kind of these types of stories, heather, but certainly just a terrifying concept to even entertain here. >> reporter: well, certainly. and a horrible ordeal for this young man and his family. here's what's going on right now. california rescue workers are continuing their search today for the body of 19-year-old right there, he has been missing in california yosemite national park since saturday. now, he was at the park with his church group, and it was a hot day, so he decided to cool off in the river there. you can see it right here. there was a really strong current, and witnesses say that they watched in horror as he was swept down the river and over a 600-foot waterfall. listen to this. >> he actually got swept away in the current and, unfortunately, got swept downstream and over the waterfall. >> it's a 600-foot waterfall, and we do believe that it is

impossible to survive a fall like that. >> and it's so much water, and it's such strong currents, it's just incredible that someone tries to go to swim that. >> reporter: yeah. well, there were signs posted that warned of the danger of those waters, but either he missed them or didn't heed that warning. the search at the bottom of that nevada fall as folks who have been to yosemite may be familiar with that, that search begins -- excuse me, continues at this hour. the trail is closed while that search continues, but we'll cooperate to follow this to see the if they do find the point to body of that young man. they believe no one can survive that waterfall, and it's easy to understand why. jenna: absolutely. one we'll continue to watch, heather. thank you. >> reporter: jenna, thanks. jon: a fox news alert, and the judge in the major nidal hasan shooting case has ruled that he is competent to represent himself at trial. judge colonel terrell osborn has

said that his attorneys must stay on the case. they cannot be dismissed. they should stand by to help represent him in case he needs the assistance. but he can represent himself. he is both physically and mental hi competent despite the fact that he is paralyzed below the waist. jury selection in that long-awaited trial is scheduled now to begin on wednesday. he faces the death penalty or the possibility of life in prison if convicted. in shooting his fellow soldiers there at fort hood. a major ruling from the supreme court, what the justices just decided about testing suspects for their dna without a warrant. does it violate the constitution? also cybersecurity getting a new line of defense from the so-called white hat hackers. who they are and the training they're getting, live with that story next. we had never used a contractor before

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jon: a major ruling just out now from a sharply-divided supreme court on the issue of police dna testing. in a 5-4 vote, the justices decided police can routinely take dna swabs for various crimes even though guilt has not yet been proven. the justices saying this does not violate the constitution, comparing the practice to other common jailhouse procedures like fingerprinting. conservative justice antonin scalia joined the liberals on the court in dissent, protesting

the major change in police powers. at least 28 states and the federal government take dna swabs after alet'ses, but a maryland court was the first to say it was illegal in a case involving a man who was arrested for something else when a dna swab linked him to a rape that had taken place years earlier. jenna: interesting case there. well, when you think of hackers, you usually think of shadowy individual, right? but every week here in new york city about two dozen teens and 20-something get together for a very unusual training session to become so-called white hat hackers. david lee miller is live in our new york city newsroom with this. david lee? >> reporter: jenna, these students don't just study hacking, they actually do it. launching attacks against a simulated computer network. so-called hack night takes place every wednesday at the polytechnic institute of new york university in brooklyn. it offers students real world training. what does that mean? students use case studies such

as when google was hacked in 2009 to learn how the hackers broke into the system and what needs to be done to prevent it from happening again. and although hacking is a crime, students here do not wreak the law -- break the law. >> nothing that we do is even close to being illegal, and it's very easy to stay away from those boundaries. we set up systems inside of a lab network that's completely isolated from the rest of the university, and all of our testing, all of our instruction is done on those systems. there's no way any of our students can harm people outside of the university. >> reporter: students with hands-on cybersecurity skills are in great demand by both private industry and the government. instead of graduates chasing down potential employers, it is employers who are now chasing down the graduates. >> tons of job offers, almost everywhere i've applied has offered me a job. and all i have to do is choose. >> this has become such a key skill that there's bonuses out there to recruit people, security clearances are required. so it is very much, you know, they've turned this almost into

a cyber warrior type of feeling, an element, but it is definitely a skill and job occupation that's going to grow, not go away. >> reporter: and graduates right out of college can make starting salaries of more than $100,000, and considering the barrage of cyber attacks, job security here, they've got nothing to worry about. jenna in. [laughter] jenna: a little play on words. did you learn any tips from these resident hackers, david lee? >> reporter: one of the reasons that systems are broken into is not because the technology fails, but because the human being fails. and a lot of times the hackers are able to exploit social engineering techniques to sort of trick people into doing things they shouldn't, and that seems to be one of the areas that needs to be studied. jenna: i tell jon every day that i'm flawless, but apparently human error is a big driver here for cybersecurity. [laughter] so you shouldn't believe it, jon, just in case i always tell you that. jon: your one area of failure. jenna: clicking the links on

the, you know, whatever comes up as far as sales or discounts i go on during the show. i just want to keep an eye on what's out there. but it can lead to bad things. jon: now the viewers now. jenna: now they know the truth. jon: speaking of hacking, china's military responsible for hacking into u.s. computer networks, now comes word that china is benefiting bigtime from the war in iraq after so many american lives were lost there. we'll tell you what's going on. also irs workers doing a little dance on your dime. but they may be dancing to a different tune as congressional hearings get underway this week on troubles at the tax collection agency. >> 3, 4, to teach them even though they're very excited directionings to the dance. my goodness. to the right, to the right, to the right. [ female announcer ] doctors trust calcium plus vitamin d

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jenna: right now some growing concerns about china's role in the mideast oil markets that really affect all of us. american forces did most of the fighting and dying to liberate iraq, to get rid of saddam, and one of the side effects is oil production is up ask running again. china is now reportedly iraq's biggest customer buying nearly half the oil that iraq produces, and beijing has its sights set on even more. stephen yates is former deputy assistant to vice president cheney during the iraq war, and now the see -- ceo of d.c. international advisers. we would talk about iraq, china wouldn't even be a factor over the last decade. what to do you make of these moves to get into iraq's oil market? >> well, there are a coupleover forces that can explain why china would be a big player at this point. one is we've found a lot of reserves of our own, and we seem to be less motivated to capture some of news sources for our own -- these sources for our own purposes. and china is a big, big oil importer and buying a lot from

middle east sources in iraq is one of the reasons. sort of normative market actions, it wouldn't be much of a concern. but china's state-owned enterprises don't operate the same way ours would. jenna: some in this article written by "the new york times" suggest that this is truly about demand in china's market. they're a growing economy, growing population, they need to find oil sources, so they turn to someplace like iraq. it's really not about geopolitics. what do you think about that? >> well, there are geopolitical consequences to it regardless of what china's motives may be. for instance, when a chinese company comes in, they tend to have lower wages that they pay, they have privileged access to capital because of subsidies from their government, and they're undercutting competitors who might be better players in global markets. they also don't necessarily provide the infrastructure and economic benefit to the iraqis. we sacrificed a great deal to give the iraqis a shot going forward at being able to govern themselves and distribute some of this wealth.

if the chinese are coming in bringing their labor and taking the profits away, it really inhibits the potential growth of iraq's own economy. jenna: and what does that mean for us when we look at iraq, but also when we look at the broader middle east? for example, china is one of the biggest customers for iran, to get around the sanctions that we've put in place so that they stop developing their nuclear program. >> absolutely right. iraq is an important player in this arc of what i see as shia instability that goes across iraq into syria and to hezbollah. they, the balancing of their interests in getting oil from iraq shields them somewhat from the risk of sanctions in iran, but they've never been a good player in pressuring any of these governments to be on the right side of the rules and norms that we support. jenna: in some ways they're validating certain regimes that we do not want to have in power. >> that's right. and they're -- by the economic development, there's more resources to spread around among the groups that are on the wrong side of these conflicts and instability in the broader

region. jenna: stephen yates, always nice to have you on the program, thank you. jon: you're something of a daredevil from time to time. jenna: depends on your definition, but sure. jon: wait until you see what we have. this incredible freefall from mount everest! yep, we'll introduce you to the guy who pulled this one off. the full story, next. ♪ ♪

>> well, the thin air on everest increased his free fall time. he has more to his credit. this took two years of preparation because of the altitude. he needed a new wing suit because the temperatures were minus 18 celius. >> it is not easy. >> you did that once?

>> not to everest, but to another one in nepal. two thumbs up. you can see you in the suit? >> i will let you know. >> fox news alert. new details behind the bombshell allegation that the irs is targeting of conservative groups was being managed bite boston washington. we heard incidents of this and now getting down to the nitty-gritty when they believe they have proof it is true. welcome to american live. i am megyn kelly. we are hours away from the commissioner and jay russell george. they will likely be asked about who will be