isn't that funny? $114. that's an odd number. >> sort of a random fine but certainly hefty. >> maybe there's a reason. "fox & friends" starts right now. ♪ >> hey morning glory. it is tuesday, june 4. i'm anna kooiman in for gretchen carlson. congress wants answers from the i.r.s. but what kind of answers are these? >> what is your definition of accountable? >> that's a good question. to answer the question, again -- >> yes or no? >> more of the fallout ahead. >>steve: is his last name werfel or waffle? he admitted to killing soldiers while screaming allah akbar. not only is he still making a six-figure behind bars, now he's getting his own office and a big staff. we'll tell you why straight ahead. >> the bomb building and terror training may hurt a

resume but terrorists can now breathe easy thanks to a class at gitmo. how to write a resume. "fox & friends" starts now. ♪ ♪ >>brian: is this turks and caicos? >>anna: feels like it. >>steve: this is manhattan. you've got people dancing and some people half naked. it is caribbean day on "fox & friends." we're going to have the very latest caribbean food and caribbean drinks and caribbean dancing and what not. >>brian: finally somebody else here with abs like mine. there you go. >>steve: are you talking about chris tulo or the guy

on tv? we've got anna in today, our globetrotter. >>anna: good morning. i'm doing fantastic. just got back from texas doing the soviet son -- doing the stet son cowboy hats. we need to get to your headlines. while you were sleeping, new video in to "fox & friends." a judge in south africa ruled to postpone oscar pistorius trial to august 19 so police can finish investigation. he showed no emotion. only saying yes, sir. he is charged with murdering his model girlfriend. overnight police questioning a 13-year-old boy accused of planting a fake bomb at his school in florida. the student was already suspended from millenia middle school.

classmates say they saw him put dynamite attached to a timer in the school courtyard but didn't alert anyone at first. there was a robbery in the area and the school was placed on lockdown. thinking the lockdown was because of a bomb threat students came forward to report the dynamite. no one hurt. >> armando torres was visiting his relatives when armed men stormed inside the ranch taking all three at gunpoint. they haven't been heard from in a month. family believes this may be related to a fight over property near the border. the deadline is tomorrow for embattled attorney general eric holder to answer congress's questions about the spying scandal, and the justice department issued a statement last night claiming holder did not lie under oath about spying on fox news channel james rosen. lawmakers say the fact that holder did not respond himself raises more

questions than answers. >> it suggests that the attorney general in not responding may not want to respond, may have something to hide. it does not, in my opinion, resolve the difficulty of his testifying that he had never heard of the idea of potential prosecution of reporters when that warrant alleged in it that mr. rosen was at least a coconspirator. >>anna: republicans say they will call holder back to testify again if necessary. those are tuesday headlines. >>brian: didn't get to have a good start. three days of hearings. three big questions. the theme of day one was, well, what are you doing with the money we gave you? day two -- today -- who was the genius that came up with this idea? and then on thursday, what's the deal with the electric slide? let's look at monday's theme and see what we accomplished. >>steve: here's the

thing. yesterday danny werfel who has only had the job for about 15 minutes, he was in the hot seat. >>brian: why was he even in the hot seat? what do you want him to do? >>steve: they're asking him all these important questions but he's only been there 15 minutes so he doesn't know nothing. he hasn't been to cincinnati yet or anything. when they asked all these good questions, he really could not say much. and in fact it sounded like stonewalling to some, but the guy doesn't know anything. here's danny werfel and a bunch of congressmen. i guess we don't have that sound. you get the idea. long questions, pointed questions about what happened and essentially -- >>anna: yesterday werfel was also asked about the gross misspending we've been reporting on. $50 million spent on more than 200 get-aways and some folks being put in hotel rooms for $3,500 a night. he said there was a fundamental failure in the

i.r.s. and the i.r.s. betrayed the public's trust. he's not really answering too many questions because it hasn't been even two weeks since he's been on the job yet. >>brian: some of the highlights. and then i'll give you my long-awaited review of danny werfel's appearance. first here's danny werfel. >> you plan on clearinghouse, terminating anyone or holding anyone accountable? >> i certainly plan on holding people accountable. >> what is your definition of "accountable"? >> that's a good question. >> has anyone to date been held accountable? >> let me answer your question this way. if you look at the i.r.s. -- >> that's a yes or no. has anyone been held accountable? >> i would say yes. >> lois letter anywhere on administrative leave is accountable? is she still being paid today? >> she is. >> is that your definition of accountability. >> if you would indulge me. >> that is easy. yes or no. how many groups of americans continue to have their applications delayed? how many groups continue to be held under unjust,

unconstitutional scrutiny by the i.r.s. as of today? >> it's a question that i want the answer to as well. >> when government targets individuals for their beliefs, this is now an affront on democracy, on our freedoms. >> what we want to know is who gave the orders? where did this come from? we will not re mr. werfel, until you -- somebody gets us those answers. >>brian: great opportunity for him. he would go in there and clean house if he approached it honestly and fairly. he said i don't want any more money. he said i have my budget. i don't need any more budget. a democratic congressman weighed in. he goes wait a second. don't say you don't need any more money. he says no, i have to find out what we're spending it on first. he said we're looking to clean house and call the actions of the i.r.s. prior to his arrival inexcusable. i think that's a steady start. why are they asking a bunch

of questions he's not responsible for? >>steve: he said the conferences where they spent all that money on, the star trek thing and gilligan's island. he said -- danny werfel -- that is an unfortunate investigate continual from a priorer rafplt -- prior era. prior era? it was last year. this is the same administration where benghazi was a long time ago. at the "washington times" they have a fellow named joseph curl, one of the editors on drudge. he was tweeting yesterday and he's got impeccable sources. take a look at this. hearing from top hill sources that the i.r.s. scandal is about to explode, low-level workers about to return fire. also one other hearing from top hill sources that one source says there's a paper trail to d.c. and some who were wore tpreutd get-go -- worried from the get-go kept a

paper trail. won't say white house but said high. >>anna: they have been thrown under the bus. initially they said they were basically dirt, low-level employees in cincinnati. some are speaking up and saying there is no way we could have done this ourselves. if we're starting to add key words like patriot and tea party, those are not things we can do ourselves. we have to ask permission. there's been a call too for whether you're going to have accountability, which is definitely necessary. or will these people even possibly get immunity so that they can get answers so they can see how high this thing goes up the food chain. >>brian: president bush had a problem with valerie plame and said let's get an independent prosecutor. that whether you like president bush or not is called leadership. it was a stand. nobody took the fifth. right away lois lerner took the fifth. we don't know who else is going to stand up. it is clear in listening to bill o'reilly last night and karl rove and bob

woodward who has been here before -- someone told me he broke a big case in the 1970's. >>steve: that was matt lark. >>brian: my mistake. here they are weighing in on where the leadership should be. >> the head of any organization sets the tone. the president has errors of omission and commission. the commission is he's running around in 2010 making speeches in which he's attacking tea party groups. in fact, at one point calling them tea baggers. and at another point a series of speeches saying groups like this represent -- quote -- "a threat to democracy." that's setting the wrong tone. the act of commission is when this stuff popped up in 2010, if he really was exorcised about it, he or the chief of staff should have called secretary of treasurer geithner and said get the under secretary to look into this. this is wrong if being done. if it's being done stop it and make sure people are punished for having done it. he did neither.

>> the road to watergate is concealment, not coming clean and saying we won't have to release that memo. we won't have to let so and so testify. let's call executive privilege. let's stonewall. if they do that, they will dig themselves in a hole. i think they have the moral and intellectual capacity to stop that. >>brian: bob woodward actually said it is up to president obama to get answers on this. so he's got to lead. >>steve: good luck. yes, he does. here's an outraeupbl for you. -- outrage for you. a judge yesterday said me dahl hassan will be able -- said nidal hassan will be able to represent himself in courts. he has an office, staff. the people he was not able to murder, he's going to be able to question them, harass them in court. >>anna: the very people he was shooting at. a lot of people are saying

too this has given him quite the platform, and could he really be even hurting emotionally the families of these victims as well? this is all supposed to get going on july 1, but he has asked the judge for a delay, a three-month delay so he can prepare his own defense. how many times is this thing going to be delayed? this has been since 2009. remember when he grew the beard and said it was for religious religions and there was a big -- religious religions and there was a big delay. >>brian: he said by going to afghanistan he was protecting muslim soldiers because muslims, they were also located on the texas army base. this could be good therapy. can't wait to talk to dr. ablow about that. imagine being able to talk to the shooter while on the stand. you could fire back at him almost in the therapeutic way where you have people who are victims of crimes speak before sentencing.

>>steve: answer when you were shooting at me, trying to murder me, i thought this. keep in mind, this guy -- we can put up the total so far -- because the way the rules are written, right now he is still drawing his military salary. he has, ever since he murdered 13 americans, drawn $278,000 in pay behind bars. the people who were shot at -- remember this was not, is not considered terrorism, even though it is, workplace violence, those people are not able to get the benefits they are entitled to. >>brian: he tried to plead guilty according to his lawyer but you cannot plead guilty to a death penalty case. inmates at gitmo getting resume writing lessons and you are paying for it. >>anna: stuart varney coming up next. coming up next. there he is. my mantra?

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woman: what do you mean, homeowners insurance doesn't cover floods? [ heart rate increases ] man: a few inches of water caused all this? [ heart rate increases ] woman #2: but i don't even live near the water. what you don't know about flood insurance may shock you -- including the fact that a preferred risk policy starts as low as $129 a year. for an agent, call the number that appears on your screen. >>steve: here's a golden oldie for you. remember in 2009 economic's then economic advisor larry summers -- screen left -- caught sleeping on the job. but sleeping on the job not keeping him from being considered for a big promotion, perhaps the chief of the federal reserve. on ton of that, he thinks

cutting spending is a bad idea. joining us right now is stuart varney. well, that's how you succeed. just fall asleep in a cabinet meeting. >> let me ask you a question: are you ready for more of the new normal? that is high unemployment, slow growth and a handout society. because the new prominence of larry summers -- and he has become very prominent very recently -- suggests we've got more of the new normal to come for a long time in the future. >>steve: larry summers really has been, at the beginning of the president's first term, he really -- larry summers was -- the architect of our, digging ourselves out of that hole. >> larry summers was appointed to be the director of the economic council right at the very beginning of president obama's first term. he was the architect of tax more, spend more, ignore the debt. that was his policy. that was what was put into place. now he's coming back into prominence. he's writing editorials in newspapers. he appears before a senate

hearing today. as you said, he's one of the candidates, a very unlikely candidate, by the way, to be the next chairman of the federal reserve. but he's back in the public eye. and what he's selling, again, is the same old same old. he doesn't worry about tax increases. he does not like spending cuts. and he does not want rapid deficit reduction. he doesn't want any of that. he wants more of the same. the new normal here for a long time to come. >>steve: we've got a quotation of what he has written on the op-ed page of some newspaper. he wrote the u.s. will not benefit from measures directed at rapid deficit reduction. he wants to spend more. keep printing and just start blowing it. >> essentially he wants to keep on spending. he does not like the current round of spending cuts. he wants to restore the spending and actually increase it. that is the man's policy. when he talks about austerity, he's talking about spending cuts. he doesn't mention the tax increases, which are at the heart of what is slowing us

down. >>steve: his problem was he is a keynesian. that means get a bunch of money and throw it out there and it's going to revive the economy. that didn't work with the stimulus because ultimately what they did is they targeted a bunch of industries that didn't work. >> anybody who wants to see america to return to what it ought to be to dynamic, vigorous, 4%, 5%, 6% growth, low employment, get out and compete, anyone who wants to return to that will be dismayed by the rise of larry summers. >>steve: the new normal every day at 9:20 tune in to watch this man in "varney and company." meanwhile, murdered in paradise. one of america's favorite tourist destinations now a crime scene. the man who got the scoop on the deal brokered between friendimies.

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>>anna: about 24 minutes after the hour. i'm anna kooiman. quick headlines for you. late last night a deck collapses from a second floor of a building injuring five people including a nine-year-old boy. it happened in long beach, new york hard hit by superstorm sandy. a tourist shot dead in jamaica. he got caught between police and the cross-fire.

>>brian: an update to a political bombshell. payback for support president clinton gave barack obama in 2012. the president promised to fully back hillary clinton for 2016 and yet to be announced to run for the oval office. according to our next guest, joe biden will also be running for the democratic ticket. and if that is the case, where is the president's loyalty going to fall? and what about the deal that's already been cut? with us now ed klein, the author of "the amateur" which was for six weeks number one and 26 weeks on the "new york times" bestseller list. now out in back. ed, you've added to it. tell me about this deal that was done. >> in the summer of 2011, obama looked in the mirror and said to himself, i can lose this thing. i cannot get reelected. axlerod told him if he wanted to get reelected, he had to do whatever it took. and whatever it took required him to reach out to bill clinton and ask for his help. >>brian: what was the relationship at that point

between the two men? >> awful. as it's been really all along. but politics makes strange bedfellows and clinton and obama got together on the golf course at andrews air force base. they started hammering out a deal in which clinton agreed to give the prime speech at the democratic national convention and campaign for obama among white working-class voters. in return, obama agreed that clinton could name the chairman of the democratic national committee and that obama would back hillary in 2016. >>brian: to give an illustration which is in your book about the relationship between the two men. a quote from bill clinton. i've heard more from bush asking for my advice than from obama. i have no relationship with the president. none whatsoever. obama doesn't know how to be president. he doesn't know how the world works. he is incompetent. hence the name of your book. bill clinton, after barack

obama wins, tries to call the white house a couple of times. what happened? >> he calls the white house and they will not put him through to the president. he absolutely goes crazy. finally he talks to the president -- this is after the election -- and obama goes i'm thinking about it, and i'm not sure about the chairmanship of the democratic national committee. i think i'll reappoint debby waseserman schultz. as far as 2016 i'm not sure if i'll endorse hillary. >>brian: bill is ballistic. steve kroft sits down with hillary clinton and barack obama seems to endorse her. what was the end result? >> obama has blown hot and cold about the clintons. he has them to dinner at the white house for the very first time, the two of them with valerie jarrett sitting in, by the way. and during that dinner, clinton lectured obama about experience and his lack of experience and how much experience clinton had

had. and obama kept looking at his blackberry ignoring bill clinton. the relationship between these two guys is not good, to put it mildly. >>brian: what i noticed too, the result of the secretary of state coming off a head injury with the president, there is always a slobberg televised love-in, an ambassadorsment to all concerned, including steve croft. >>brian: a lot of people say fascinating. where do you get these sources? why should we believe you? >> for years i've been reporting on this material. i did a whole book on hillary clinton. i did another book on barack obama. i have dozens of sources, several of which are inside each of their camps. >>brian: you think the vice president is going to run; it is going to be hard for him to endorse his former secretary of state. it will be interesting but we have three more years left. he had -- ed klein, thank

you. >> ahead, suspects in gitmo getting lessons in resume writing. and you are paying for it. and the caribbean coming to our concrete. we'll show you how to barbecue as well. happy birthday to my high school friend angelina jolie. [ stewart ] this is the kind of food i love to cook. i'm very excited about making the shrimp and lobster pot pie. we've never cooked anything like this before. [ male announcer ] introducing red lobster's seaside mimatch. combine any 2 of 7 exciting choices on one plate for just $12.99! like new cheddar bay shrimp lobster pot pie, and new parmesan crunch shrimp. plus salad and unlimited cheddabay biscuits.

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>> political news. during his trip to brazil on friday, joe biden said he was having such a good time that he didn't want to go home. [laughter] >> and that was while he was riding on the baggage carriage at the airport. joe, get off, will you please. the news is today after apparently having many years of pool parties for journalists, joe biden is not going to have it this year. >>brian: joe biden, all set to run. he's lacing up the saddle. going to do it. >>steve: too bad because his boss is going to

endorse hillary, according to the guy you just talked to. >>anna: we want to get right to tuesday morning headlines. in just a few hours we will be finding out if james holmes will plead guilty by reason of insanity. the suspect in the colorado movie massacre could do a few things in court today. he could enter his long-expected insanity plea or his lawyers could ask the state supreme court to hear arguments. the death penalty is unconstitutional. this would delay the case while the high court considers it. >>brian: a california area computer science high school teacher facing serious charges at this hour after he showed students a naked picture of himself. he was teaching his class how to transfer pictures from electronic devices and the photo popped up for all his students to see. there he is with clothes on. >> the reaction was everybody was laughing because they thought it was a joke. when everybody realized he was our teacher, mr. steiner, then that's when it became all quiet and

everyone got serious. >>steve: oh, mr. steiner. >>brian: prosecutors filed child pornographic charges against steiner and the school placed him on leave while it conducts its own investigation. so the kids have to figure out how to do that on their own. >>steve: another good use of taxpayer cash. the e.p.a. paid $750,000 a year to a warehouse contractor whose employees watched tv and lifted weights, all this while taxpayer-paid supplies became in moldy rat infested conditions. the agency calling for a review of storage facilities. >>anna: bomb building and terror training may hurt a resume but terrorists can breathe easy thanks to a new class at gitmo. resume writing. you are paying for it. the class is part of the instructional program. gitmo costs taxpayers

$900,000 per detainee annually. >>brian: sad news overnight for the sports world. nfl football legend david "deacon" jones passed away of natural causes. the defensive end played for the rams. he played for the chargers and redskins. jones credited with coining the term "sack" for how many times he knocked down quarterbacks. he was also called the secretary of defense. deacon jones was 74 and did have diabetes. gym callie battles -- jim kelly battling cancer in his jaw. ep says he's drawing on family, faith and perseverance which helped him cope with the death of his young son hunter. >> with all the things not only in my professional career but with my son and all the things we went through there, you've got to stay strong. that's the kelly way. you have to meet it head on, meet the challenge and win. >>brian: kelly will have surgery on friday.

the heat beat the pacers in game 7 the eastern conference finals. miami wins # 99-76. game one of the finals against the spurs is thursday. coming up on radio, we're going to have jennifer griffin, craig carton, hank steinberg and you can listen on frocks radio kilmeade and friends nine to noon. i think we get to find out where maria and steve are. >>anna: they're on the plaza but it is looking different. >> it is caribbean week. we are going to be talking about caribbean flavors in terms of food and alternatives to hot dogs and hamburgers. if you're tired of that, we have recipes to switch it up. i want to start with the weather. if you're headed outdoors today in new york city, in new york city it is going to be a beautiful day. a lot of sunshine, low humidity. very pleasant temperatures, in the 70's. as we head farther west, look at today's severe weather threat.

parts of texas, oklahoma, kansas and even into missouri are expecting showers, thunderstorms. and some of these storms could produce isolated severe weather in terms of large hail, damaging winds. an isolated tornado thread, we don't think this will be near as bad as the severe weather we saw last week. tomorrow more severe weather expected from texas into sections of arkansas. high temperatures, hot in texas, 90's. only in the 70's in new york city. 61 degrees, very cool day in minneapolis. we want to head to the tropics because we have an area of low pressure, showers, thunderstorms off the yucatan peninsula. this system does have the possibility of becoming some sort of tropical cycle. as we head into the next couple of days very cold swatch on hand from the national hurricane center. speaking of the tropics, we want to take you over here where we do have some recipes. >>steve: welcome to our caribbean theme party on the plaza today. we've got music and dancing and chuck ryan is here for

the food part. here to cook up tasty caribbean cuisine. we've got three chefs from the caribbean. the first one is chef brian lummy. maria makes a good point anyone can burn a burger. it is always summer in the caribbean and today we're going to put everyone in the mood. what are you making today? >> this is a pasta. they actually love it down there. sstossing coconut milk and cream sauce. >>steve: all the recipes will be on our website,

friends@foxnews.com. >> onion, mushroom, jerk chicken. >>steve: you go ahead and work on that, and we're going to come over here to chef louie lujon from the ritz carlton. what are you making? >> lobster salad. i mix a little bit between u.s. and caribbean. we use caribbean lobster. >>steve: go ahead. >> we have very straightforward, a little bit of mayo, chives and that's it. >> avocado. >> with a little bit of cilantro. cilantro is local. we take a little bit of this lobster salad. >> that looks delicious. >> the finished product. >>steve: beautiful.

fantastic. >> that was a very quick recipe. >>steve: here is chevron dupratt from haiti, the executive chef at the sugar bay resort and spa in st. thomas. >> we're making a haiti national dish. traditional haitian rice and beans. in haiti, the best thing is everybody loves rice. black mushrooms in haiti. and put coconut mil. >>steve: very good. how do you serve that? >> i'm going to serve it with national cabbage with carrots, salt and pepper, some vinegar. >>steve: it winds up looking like that plate there? >> that is correct. this is the rice. >>steve: that is

beautiful. >> i'm going to try this first one. this is the coconut milk tossed with pasta. thank you. here we go. what about lady and the tramp? >>steve: that was spaghetti related. >> close your eyes and taste jamaica. that's what we want in this dish. >> very good. >>anna: i think in lady and the tramp you suck the spaghetti. >>steve: if anyone would like the recipes they'll be on friends@foxnews.com later on. >>brian: caribbean week off to a roaring start. >> they needed billions of dollars of your money to stay afloat. coming up next, a major

update on a.i.g. and government motors also known as g.m. >>anna: should police be allowed to collect your d.n.a. even if you are not guilty? the court just ruled yes. the judge has something to say about that. we'll talk to him next. vo: traveling you definitely end up meeting a lot more people but a friend under water is something completely different. i met a turtle friend today so, you don't get that very often. it seemed like it was more than happy to have us in his home. so beautiful. avo: more re personal. whatever you're looking for expedia has more ways to help you find yours.

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>>anna: good morning. 46 minutes after the hour here on "fox & friends," i'm anna kooiman. a major supreme court ruling could infringe on a person's privacy right. criminal suspects could be subject to a d.n.a. test after arrest but before proven guilty. what does this mean for your constitutional rights? let's ask fox news senior judicial analyst judge andrew napolitano. good morning to you. >> good morning. nice to be with you. >> the supreme court ruling coming down yesterday pretty narrow, 5-4. they say this does not go against the fourth amendment against illegal searches and seizures. but you say it's not good? >> i think the dissent which is made up of the court's most conservative member arguably, justice scalia, and its three most liberal members, justices soto mayor and kagan make the stronger case. their case is the fourth

amendment was intended to protect innocent people from unreasonable searches and seizures by the government. and that protection requires probable cause. you go to a judge and demonstrate evidence of why you need this, it's evidence of a crime and if the judge agrees the judge signs a search warrant. >> that includes seizures and finger printing. >> this opinion allows the police to take your d.n.a. just after you've been arrested not after you've been acquitted. the majority compares this with finger printing but when they do that they fail to appreciate the significance of d.n.a. when the police have your d.n.a. it is a gateway to a storehouse of information about you: your health, your life, your genetic background, what you do to take care of yourself, things that are not the government's business. that's the reason we have a fourth amendment, so the government only gets what it needs to prosecute you and it doesn't get things that are none of its business. >>anna: you're mentioning what the privacy advocates are saying. what if, say, insurance

companies get ahold of this information somehow and then they are going against somebody, dis kreuplt -- discriminating them because of a preexisting condition. >> the government is very bad about keeping private information private. once this information is available to police or any bureaucrats in the federal government, the opportunity for abuse is c-span -- for abuse is expansive. these swathes, they put a q tip on the inside of your mouth to collect the d.n.a. it is not surgical. these swaths are only utilized for crimes of violence, only in states where it is authorized. all states authorize the collection of d.n.a. after conviction. that's a different story. you've been proven guilty. but some states -- maryland -- and the other states that do this as well which permit it before conviction, at the time of arrest, can do it. >>anna: some people say it's like, you know, making us more of a police state, adding to tasers for

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>> these three individuals standing tall. >> brian: wow, he's the wwe superstar. always ready for a beat down. but now randy orton is using his acting chops in "12 rounds 2". randy orton on our set. congratulations. >> thank you very much. >> brian: how was the transition? >> you know, i'm used to being in front of the camera. the last decade or so i've been on ww television. it's one take, though. live television is tough. you guys know that. you got one take to get it right. on the movie set, it was a little less stress fortunately because, you know, over and over and over again, and the scenes, i'm running down the walkway, the catwalk, back and forth, it's vancouver, 4:00 o'clock in the morning, it's slick and wet. i got the underarmor on to keep warm and i'm running take after

take. the director thinks i'm a sprinter. no break, i swear. it was hard. like it was definitely not easy. but just the take after take. it was like, we're going to get this right. >> anna: you're not used to it with the intro you do. >> i do a little bit of that. i think you and me -- >> anna: a few years ago. >> brian: where was that? >> anna: you say you only had 20 hours of coaching for acting. how did you make it all work? >> i had a really good fellow actors i was working with. i went in there, i approached it humbly. like this is a first time thing for me. >> brian: steve host inside the actor's studio. can we show a clip and you give a review? let's watch. >> go, go, go! come on, man!

what are you doing? >> calm down! (sirens). >> we need to kill that signal. [ laughter ] >> anna: you did great. >> steve: you say you won't win an oscar. but that's what people go to the movies for. >> i say i won't win one. >> steve: you might. >> well, you know, it's just me approaching this is my first time thing. and i want the critics to be easy on me, but at the same time, i know the true wwe fans will enjoy it. >> brian: you know what the rock has done. >> that's right. i do know what the rock has done. >> brian: i see the same quality in you. >> steve: brand-new movie, thank you very much. >> thank you. >> brian: good job. don't ever do that again.

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a small design firm can ship like a big business. just go online to pay, print and have your packages picked up for free. we'll do the rest. ♪ >> anna: you sure are look good this tuesday morning, june 4. i'm anna kooiman in for gretchen carlson. congress trying to get to the bottom of the irs scandal. but one says there is an easy fix. >> the solution is easy. it's time to dismantle the irs piece by piece. let's go to the flat tax, fair tax, something that empowers the american taxpayers. >> anna: good idea? we're live in washington with the very latest. >> brian: all right. eric holder has one more day to answer questions about the spying scandal but decided not to wait. so he sent a staffer down to do his dirty work. will that get him out of trouble? we'll explain. >> steve: meanwhile, who is the better driver? men or women, as we have a flashback to that woman not

doing her gender any favors. it took her half an hour. we'll leave the official answer to science. find out what women are better at and what guys are better at straight ahead. "fox & friends" hour two starts right now. ♪ ♪ . >> steve: island girls and island guy. island dancers. you know -- >> brian: these are people we just picked up off the street? >> steve: these are people from the caribbean, brian. >> brian: oh, okay. with a head dress. >> steve: entering summer here in the united states of america officially shortly and it's always summer in the caribbean. so to put you in the spirit of things, we got a whole bunch of

people out here in front of our world headquarters. it's caribbean day on "fox & friends." >> brian: right. steve, you brought a little of this magic 30 minutes ago. is there more magic in store? >> absolutely. you're going to be going outside and trying some caribbean drinks. >> anna: maybe we'll get dresses. >> brian: maybe i'll wear the bob beckel suspenders. i saw that guy in the middle. >> anna: let's get to your tuesday morning headlines because while you were sleeping, oscar pistorius was in the courtroom. you see just in to fox, a judge in south africa ruled to postpone his murder trial until august 19 so police can finish their investigation. pistorius showed no emotion during the ten minute hearing, only saying these two words. yes,yes, sir. he's charged with murdering his model girlfriend, reeva steenkamp. and also overnight, police questioning a 13-year-old boy accused of planting a fake bomb at his school in florida. the student was already suspended from the school.

classmates say they saw him put two sticks of dynamite attached to a timer in the school courtyard, but didn't alert anyone at first. then there was a robbery in the school area and the school was put on lockdown, thinking 9 lockdown was because of the bomb, students then came forward. the f.b.i. is asking for the public's help finding a marine kidnapped in mexico. armando torres was visiting his father and uncle when armed men stormed their ranch, taking all three men at gun point. they haven't been heard from in a month. their family thinks it's related to a fight over their property near the border. torres served in operation operation iraqi freedom. put away the water guns. vice president joe biden canceling his annual bash for staffers and journalists. no official explanation, but some say it could be because of the scandals plaguing the administration right now. one of them is the justice department spying on reporters right here at fox news and at the associated press. those are your headlines. >> steve: so it's not because of the sequester? >> anna: i guess not.

>> brian: yeah. >> steve: sorry, joe. >> brian: the irs will be feeling more heat today. day two of the hearings continues. we'll hear from some of the targeted victims. this after the agency's new acting chief vowed to restore trust. kelly wright live in washington with those details. >> good morning to you, as well as steve and anna. acting irs commissioner danny werfel says the irs actions were, quote, a fundamental failure by irs management. he's pledging to clean up the mess. >> do you feel like the irs has betrayed the trust of the american people? >> i do, mr. chairman. i think that's why thinking about this in terms of my primary mission is to restore that trust. >> but restoring that trust will not be easy. some lawmakers are outraged over the irs targeting conservative groups and individuals. one congressman says the irs acted with arrogance and absolute abuse of power.

>> they were harassed. they were intimidated. they were bullied. this went on for almost three years and no one spoke up. we know that, but there is a lot that we don't know and it's time for the irs to come clean. >> and the agency will have to come clean about why it spent taxpayer dollars to fund irs employees acting in parodyies of sitcoms. a treasury investigation reveals the agency spent $50 million for 200 get aways over a two-year period. >> it seems we have a new misstep every day at the irs. i'm very troubled at what may come to light next. >> at the white house, there is support for the congressional oversight and the justice department's criminal investigation of the irs. >> i think there is ample demonstration of this administration's interest in getting all the facts and holding those who are

responsible accountable. >> another hearing on the irs gets underway today as brian was just talking about, the house ways and means committee will hear from the organizations actually targeted by the irs for their personal beliefs. it should be an interesting hearing for all of us to watch. back now to brian, steve and anna. >> steve: thank you very much. yesterday the inspector general of the irs, russell george was asked, did you ask them who did the orders come from to target the various groups? he said, well, we asked all of them. but nobody gave us an answer. that question was posed to him by tom graves, republican from georgia, who was on with greta last night and he hinted, this scandal is the perfect time to blow up the tax system as we know it right now. >> the solution is easy. it's time to dismantle the irs piece by piece. let's go to the flat tax, fair tax, something that actually

empowers the american taxpayer instead of empowering government and giving somebody a tool to use against their political opponent. not that difficult. >> steve: it's not. >> brian: chairman dave camp, ways and means, says yeah, let's do that. my thing is, we shouldn't do that until we get to the bottom of this scandal. find out who gave orders for this. i don't think we can move on unless we find out what we went through. >> steve: let's do both. >> brian: we can't do one! all you have to do is notice, we can't get anything done. we'll never get any answers. when we ask the people who know, they say they don't know. the others say we don't want to say anything. >> anna: let's figure all this out and then we can spend some time on the economy and health care and figure out jobs and everything else people are worried about. but i want to let you know, coming up later, we've got someone who was targeted by the irs who will be testifying later today. that's kind of the theme of the hearings today. going to be joining us on "fox & friends." >> steve: it looks to some like eric holder misled congress. to others o'clock it looks like he perjured himself instead. so he was given a deadline, the

attorney general was, until tomorrow to explain the conflicting statements he made. yesterday bob goodlatte, the republican from virginia, got a three-page letter from a staff member, and essentially it said that mr. holder did not lie. instead, what he was doing is there is a distinction between investigating a reporter and prosecuting one and they never intended to prosecute james rosen. >> brian: yeah, by the way, congressman brenner says the response is insulting. further proof the attorney general refuses to hold himself accountable. first of all, he was supposed to answer himself and it's disrespectful to send an underling to get the answers in before a deadline which would result in his testimony. the testimony that's conflicting is he said when asked if there is anything going on with investigating the press, he said, the attorney general's testimony on may 15, he said, the unauthorized disclosure of classified information was accurate and consistent with those facts.

but he went on to say that he never authorized the investigation of a journalist, in fact, he finds it really essentially unthinkable. it turns out he did. he was consulted by it. he signed off on it. >> anna: right. so it's essentially splitting hairs. he's not lying about knowing about the potential of a prosecution, but he knew about and was involved in with the judge shopping and signing off and trying to get the affavit and the warrant. >> steve: but other than that -- >> anna: and he knew about the investigation that would lead to the potential prosecution. this is just muddying the waters. >> steve: here is a congressman goodlatte last night talking about this part of the scandal. >> quite frankly raises more questions than it answers and it suggests that the attorney general in not responding, may not want to respond. may have something to hide. it does not, in my opinion, resolve the difficulty of his

testifying that he had never heard of the idea of potential prosecution of reporters when that warrant alleged in it that mr. rosen was at least a co-conspirator. we're very concerned about the lack of response by the attorney general and he has, by our request, until wednesday to respond. the only appropriate answers to testimony under oath by the attorney general would have to come from the attorney general himself. >> steve: so they are still holding out hope that they hear personally from eric holder. >> brian: let's talk about men and women. >> steve: the battle of the sexes. men are better at some things than women. there are certain gender differences. >> anna: science proves it. >> steve: for instance, who is the better driver? that's a question. we have put that to the test on this program. who is the better driver? well, men are. >> brian: men are better. and it's very simple because men have a stronger ability to

think. that's it. specifically distance, speed and volume. >> anna: how about this? who is better with direction? i bet men would say it was them. but nope, the answer, when it comes down to science, is women and you know what i think part of the reason is honestly because we're not scared to ask for directions. >> brian: here is what the scientists said. they say because women are more likely to associate landmarks and locations and they have aversion to clutter. >> steve: right. >> brian: i have no idea how that makes you better at directions. >> steve: this isn't just a bunch of people sitting around a coffee table. british news and scientists have done some tests to figure this out. like this question, who is a better lie detector when it comes to infidelity? who can tell? well, according to the experts, the scientists, men are better at figuring out that their wives are having an affair. >> brian: it's hard for me to figure that out. you're saying men are better at detecting and women are more

trusting essentially? >> steve: or maybe women are not as good at concealing and men are better liars. >> anna: men are more able to see the facial expressions that suspect nervousness and breathing patterns. who worries more? this is obvious, isn't it? women, but it's actually a good thing. this actually comes down to serotonin, which is the narrow transmitter that is the buzz feeling. we, unfortunately, produce a little less of this, so we tend to worry more. >> brian: if you need to borrow some, iain has extra. >> steve: so there are gender differences, men are better at some things, women are better at other things. here is one thing if you're a woman you can feel good about, though. women generally live 5.3 years longer than men. >> brian: right. >> steve: they might be good at some stuff. >> anna: so ladies, you better like your girlfriend. right? >> brian: that's true. take a lot of pictures. straight ahead, how much would you shell out to never have to pay for extra baggage again?

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>> brian: irs commissioner danny werfel testifying at one of the three hearing this is week on the irs's targeting of conservative groups. today organizations targeted for their personal beliefs get a chance to speak out perhaps for the first time, including our next guest. kevin is the founder of lynch pins of liberty and he joins us right now. kevin, first off, what is it your organization do? what's its message and mission? >> thank you for having me. lynchpins of liberty is an american leadership development enterprise. our motto is challenge the imagination of the rising generation and we do this by mentoring high school and college students in conservative political. we are a 501 c 3, which is different because a lot of the organizations targeted are c 4's. >> brian: when did you realize you were being targeted? >> may of 2011 was the first

indication, although at that time when i received my first response from the irs, i thought i was alone. so it was a little intimidating. >> brian: february 2012, do you receive a 95-page questionnaire asking you to list everyone that you've ever trained or planning to train. this was extraordinary. you're a smart guy. did you say to yourself, this is not legal? >> well, actually let me go back one step before that. on december 30, 2011, i finally spoke with an irs agent and i said, why is it taking so long for my application to proceed? and he said, we've been waiting on guidance from our superiors as to your organization and other similar organizations. we have now received that guidance and you'll receive your response on a first in first up waives. then i received a letter that had 95 questions, including as you indicate, who are the students i'm teaching? now they want to know the location where i'm teaching them. >> brian: as late as may 6 of this year, after this whole scandal broke, you're still

going through hoops. correct? >> yes. this is the third letter i received from the irs and despite the testimony of the irs that this had ended a couple years ago, i'm still being attacked as we speak. >> brian: how much damage has been done already? >> well, i lost the $30,000 foundation grant which maybe in itself is not a lot of money, but that's an issue of trust. once you receive your first grant promise, then you can go ahead and raise more money. but in addition to that, i've lost thousands, multiple thousands of miff own money trying to launch the organization and get it off the ground. >> brian: wow. that's going to be a message today. correct? >> that is correct. >> brian: you angry? >> well, it's a moral issue. i'm not angry personally about me as much as i'm concerned about the future of our country. if you can limit free speech and condition people's speech based on how they choose to exercise that speech, then we have a fundamental problem. >> brian: it's not just tea party groups, it's leadership groups that happen to go by conservative thought. that's what this is, educating

the next generation. that's all he wanted to do. kevin, thanks so much. good luck today. we'll be watching as president founder of lynchpins of liberty. >> thank you. >> brian: 19 minutes after the hour. a virus spreading like wildfire overseas. they don't know how to stop it. we want to know, is it headed here? dr. oz is headed here, ask him. he'll answer. we'll move on. then talk about failure to launch, this boat sinking fast. we'll tell you what went wrong. i have an idea hey! did you know that honey nut cheerios has oats that can help lower cholesterol? and it tastes good? sure does! wow. it's the honey, it makes it taste so... well, would you look at the time... what's the rush? be happy. be healthy.

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>> anna: happy tuesday. 23 minutes after the hour now and time for news by the numbers. first, five years. that's how long it's been since aig and general motors received billions of your tax dollars. the companies are now set to rejoin the s & p on thursday.

the government still holds a stake in gm. next, $499. that's how much united airlines is charging for guaranteed extra leg room on flights for one year. don't want to pay for checking your bag? that will cost you $349 a year. and finally, 360. that's how many calories are in the new dunkin' donuts glazed doughnut bacon sandwich. it could be worse. how many calories are in their healthy alternative? the turkey sausage? 390 calories. or you can get them as flat breads for 290. >> steve: they come out on friday and look delicious. to us, however, not our next guest. alarming new virus spreading through the middle east, in europe, the most recent cases striking italy. >> brian: so far there have been a total of 50 cases. 27 deaths. so with no known cure, how concerned should we be about this outbreak? >> steve: joining us is dr. oz, the host of "the dr. oz show."

>> brian: what do you think? >> the biggest story is that we're going to have some type of a pandemic in our lifetime, no question about that. it's really what's it going to be and when is it going to happen? this could be a candidate. we're not that concerned yet having it come to the united states. but it comes down to super infectors. one of you could be one. someone who tends to get a virus, doesn't respond to it personally, but tends to be able to spread it very rapidly. so it has come to italy. there is obviously high likely it will eventually come to this country. not much you can do about it right now except be on the alert for news broadcasts like yours to bring it to our attention. if orgeat big lung infection and feel like you can't stop coughing, it makes you stop thinking, do i have this virus? >> steve: is there a treatment? >> we don't know much about the virus. it's called middle eastern mrsa. it's quite deadly. >> brian: i'm going to lock

myself in my room and call your show. >> anna: what do we do? >> vitamin d from the sun helps a lot, get some. sleeping helps to resist viruses. those are good. but when they hit us, because we haven't seen us before, they're likely to cause a lot of injury. >> brian: you are pretty much a one man show and i've always said to myself and sometimes out loud. i would say, why doesn't dr. oz team up with some music legends. >> steve: you mean somebody like doggy fresh? >> beth: and come up with a song that will be a great message. >> steve: why don't you? >> it's a wonderful idea. >> brian: is that what you're doing? >> we have a clip, do you want to hear it? >> brian: yes. >> here it is. ♪ . >> anna: he dances, too. >> steve doocy's movement. dougie fresh, creator of the dougie move. there he is right there. >> anna: really you're on a campaign to get kids to be healthy and you're all about being very preventive when it

comes to medicine rather than reacting to issues. >> for most people, ask yourself s really cool to be healthy? you're talking about some of the foods. it is cool. when we get young kids to start thinking about it differently. it all comes down to thing is get moving. dancing is the best way. you don't have to go to the gym. you don't have to run outside. you can literally get moving anywhere you want. the hope with these and hip-hop and any music will get this done. but this is my debut. >> anna: you actually rapped? >> i rapped for the song. >> steve: you want to give us a preview of that? a little? >> just the other day they seen me on the show. didn't know i had style. didn't know i had po for sure. >> anna: that was really bad, dr. oz. >> if you can get people to think differently about the responsibility they have towards their body and make music part of it, i'm into it. frankly, any path you can take, i give people juju beans if it

gets them healthier. >> anna: that was great. i'm just teasing you. thank you so much. >> steve: we're jealous. his daughter started as an intern on the "fox & friends" program a number of years ago. her first day, somebody brought in a great big plate of doughnuts. actually i think it was karl rove. before i met her, i said, what's your name? she said daphni. i said, would you like a doughnut? she said no, i said why not. she said, my dad is not big on them. i said who is your dad? dr. oz. >> you gave geraldo rivera start. >> steve: she's a big star! >> good for her. >> brian: congratulations on all your success. you're number one on all syndicated television. >> steve: straight ahead. >> brian: it's a controversial idea giving tickets to the parents of bullies. should we be punishing the actual bullies instead? we report. you decide. now the girl reads. >> anna: then getting a bikini body is not as hard as you think. four simple moves. we'll show you how to do them coming up next. >> brian: there is one.

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>> president obama says he's renewing his efforts to close guantanamo bay. guantanamo bay? how about closing the irs? why don't we do that. [ cheers and applause ] how about giving the irs to

guantanamo bay? yes! that's how you do it! >> steve: yes! we're with you. >> brian: do you know what jay leno did. his ratings have never been higher. you got to wonder, why they're getting rid of a guy who conquered the most difficult time slot around. >> steve: especially since jay leno is not done. he's going to do something else. there is another chapter. >> anna: going to hurt them in another way. we're going to get to your tuesday morning headlines. in a few hours, the long awaited trial for mob boss james whitey bulger gets underway. he fled in 1994 after being tipped off he was about to be indicted in connection to 19 murders. bolger was on the run for more than 16 years. he was captured in california in 2011. >> steve: a close call. take a close look. that's a german drone narrowly missing an afghan passenger plane. 100 people were on board at the

time. you can see the drone fly right under the plane's wing. look at that. the classified footage was recorded back in 2004 in kabul and was just leaked on to the internet. >> brian: i took german in high school. how come i didn't know they had drones? school district going to extremes to stop bullying. parents in wisconsin can be ticketed and fined if their child repeatedly picks on other students. the school issuing a warning first, but if the child does not shape up after 90 days, parents can get slapped with a $114 fine. >> ultimately, the parents are the first teachers and the first guides and they know their children the best and sometimes they're the ones that can reach them the most. >> brian: wow. teachers say they only plan to use it on parents they find uncooperative. >> steve: they let it go 90 days? take a look at what happens when a cymbal player crashes and

burns. cue the tape. ♪ . >> steve: he slowly -- it happened at a school in illinois when it breaks. he looks panicked. one of the drum players can't contain their laughter. but he makes a quick recovery, turning to salute the flag. very nice. >> brian: that is great. what a great recovery. >> steve: i know. he comes from a family of veterans, we understand. so it was natural for him to salute the flag. he will be on "fox & friends" tomorrow, mr. kilmeade. >> brian: all right. that's great. sad news overnight in sports world. football legend david deacon jones passed away, natural causes. we know he was wrestling with diabetes. he was the leader of the rams foursome but get this, steve knows this, he also played for the chargers and redskins. steve knows this, too. he have coined a term, sack.

how you knock down quarterbacks. they barely kept statistics back then. secretary of defense was also his nickname, he was 74 years old. also a big star of the "brady bunch" and" the odd couple." jim kelly, outstanding quarterback now with a big battle, battling cancer in his jaw. doctors say his prognosis for recovery good. he says he's drawing on his family, faith and perseverance which helped him cope with the death of his son, hunter. >> with all the things not only in my professional career, but with my son and all things we went through there, you got to stay strong. and that's the kelly way. you have to meet it head on, meet the challenge and win. >> brian: kelly will have surgery on friday. a catch so incredible you have to see it to believe it. in long island. going over the wall, stretches out and makes a great catch! this catch was phenomenal. but get this, it was beyond the

field of play, so it was a three-run homer. it doesn't matter. they went on to win 12-5 and play massapequa in the championships. that's one of the best high school plays you'll see. even though it's a homerun, they celebrated because that was an incredible catch. it was also, he's now become a national legend. >> steve: very nice. all right. let's go outside to the plaza where it's caribbean day on "fox & friends." >> anna: also fitness day. summer time and that means swim suits and dikuehnes. who doesn't want a beach bod? here to he help us get it, nicole. thank you for being here. >> hello. >> anna: you have a couple moves for us that combine muscle toning and cardioas well, right? >> yes. when you're getting ready for a beach body, the last thing you want to do is stand still and do bicep curls. >> i look like a giant.

the first one is the standing six pack. we all want to make our abs a little better. >> this is from my booty camp dvd. we're going to pull the leg up and crunch. same side. so right and right. you're flexing your foot, crunching. if you had a bar bell with you, you could also do this with a weight. you'd worm your shoulder. >> i feel like i'm balancing. >> your whole core is working and you're really crunching for this part. >> what's the next one? >> this is a big one. i don't know if you can do this in heels. but try this. you're going to do a big jump. you're going to walk out, work your abs, tricep pushup. these arms are close. regular pushup, your arms are wide. >> that's also another problem area when waving. >> exactly. chicken wing.

>> okay. then the plie' jack. it's booty camp. so it's out, in and a regular jab. >> come on! >> plie' and jack. here we're working our glutes with our booty, inner thigh. one more. one more move. again hitting the arms, abs, the legs, or the tricep. this gets your heart rate up. it's all on my booty camp dvd. and you'll be feeling the burn and get ready for beach. >> anna: check out her dvd for all her fitness tips. you're amazing. >> thank you. >> let's head back inside. >> steve: nicely done. >> brian: without breaking a sweat. good job!

>> steve: now 20 minutes before the top of the hour. florida senator marco rubio calls the irs scandal frightening for america. so what did he first think of -- so what did he think of the first day of testimony on capitol hill? he's going to join us next. >> brian: and probably to talk about immigration. then failure to launch in this boat is sinking fast. we'll tell you what went wrong. did that boat float? >> steve: oh, oh, captain crunch. ♪ ♪

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>> brian: quick head leans. ship launch going wrong in wisconsin. you can see the boat here, breaks off its sliders. tumbling sideways into the water. it creates a titanic size wave and sends debris flying towards the camera. we hear one person suffered a broken leg. as james bond found his latest love interest? actress penelope cruz, once dated tom cruz, reportedly new bond girl in the next 007 movie. by the time the filming starts next summer, she'll be 40 years

old. according to chris chulo, looks really, really good. anna? >> anna: not according to brian kilmeade? okay, okay. we are just days away from new monthly jobs numbers. national unemployment rate at 7.5%. whether that number goes down or not, cheryl casone from the "fox business" network is here with five companies hiring now. good morning to you. >> good morning. yeah. we are going to get that big jobs report this friday. it's going to be a little bit of a game changer we think for this month. but companies are hiring. tough to find. we've got five. you're going to know most of these names, including dollar general. >> anna: you say 10,000 employees? >> yes. 10,000 new employees. the dollar trend is actually growing. these stores are so popular and they're growing. they're looking for managers in bethel, harrisburg, pennsylvania. they did a big hiring fair. they're looking for more. 635 new stores will be opening. they've already got 10,600

stores. they're really expanding. >> anna: and geico hiring. lot of college students are getting out going, where am i going to work? >> geico has got about 200 ownings, owned by mr. warren buffet. you probably heard of him. they're going to be looking for 4,000 team leaders by the end of the year. 200 openings right now. they've also got a leadership program for college graduates. a lot of college graduates are out there and don't have work. they need insurance claims adjustors, information technology focus, entry level is 12 to $15 per hour. also hiring in d.c that is their headquarters. their ceo started out as a clerk at the company and they really believe in starting from the ground up and really building your career at that company, which is rare these days. >> anna: yeah, certainly is. next, golden corral. they're opening 22 new restaurants. >> i love the grilled cheeses. grilled buffet restaurant chain, 3,000 people that they're hiring right now. 22 new restaurants. another thing that i wanted to highlight here, the college

graduate program, the money is actually pretty good. they've got a hospitality manager training program. those positions pay 44,000 right out of the gate. that's with benefits. if you're a college kid, making 44 k, that is not bad. >> anna: it's good. >> life is pretty good for you. >> anna: at & t, 5,000 veterans. >> the second largest provider of telephone, mobile phones in the united states, huge company. they are one of the founding members of the initiative to hire veterans and they are looking -- this is the 100 military friendly employer, according to several web sites. 5,000 veterans over the next five years. they've got thousands of openings right now. all 50 states. also got 200 jobs that are open internationally right now. if you want to travel. they've been one of those founding companies working with the administration, working with michelle obama to get veterans hired. i think that's crucial. >> anna: primrose school? >> these are franchise positions, but they've got about

2 to 400 jobs open right now. it pays about 8 to $15 per hour. they're aggressively looking in chicago right now, dc and new jersey. they're also going to be doing hiring throughout the year in san francisco and san diego. but they're opening up again about 23 new schools through the end of the year. again, teachers, tough to get a good teaching position. the pay isn't great. great profession. respectable job. >> anna: certainly is. and a great resume builder. thank you so much. >> you bet. >> anna: breaking news, the irs scandal, word now of secret e-mail addresses the administration uses. so can they be subpoenaed? marco rubio coming up next. first, on this date in 1976, "love hangover" was the number one song by diana ross. you'll love this. ♪ ♪ if there is a cure for this ♪ i don't need it ♪ think about it all the time

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>> anna: time is running out for ten-year-old sarah, ohm weeks to live. her parents are begging washington for help. they're trying to cut the red tape that's blocking her life saving lung transplant simply because of her age. >> sarah feels so bad and so scared and she asks me at night before she goes to bed if she's going to die. she asks me. she says, mommy, am i going to wake up tomorrow morning? in america, the children are last in line when it comes to their health. we're going to treat a dying child last. it's not right. it's not moral or just. it should be illegal. and it's not the way any other country does this. >> brian: their last resort, health and human services

kathleen sebelius. >> steve: peter johnson, jr. is here. he's been in constant contact with the family and covering this and, in fact, did that interview we just saw there. >> absolutely. and the family is in a sprint for life today. they've engaged a law firm called pepper hamilton, national law firm to go "hedda gabler" to head with kathleen sebelius and the federal government. they've written a letter to her and they said, you're violating our constitutional rights and our daughter will die as a result of it. and they point out that in 2011, the death rate for children undergoing transplants awaiting transplants was 62% versus 26%, brian, for adults. so what we have now is an all children left behind policy in america. what we have now in america is almost a slavery policy where they don't count children as a full person. >> anna: peter, essentially the medicine has evolved, but our way of handling this transplant situation really hasn't.

so the family is dealing with this little ten-year-old girl. she has cystic fibrosis and not able to get this adult lung. nobody else -- >> that builds up mucus in the lungs and other organs, and it can kill you. it's killing her. she will die in a matter of weeks without it. and you hit it on the head. children go to the bottom of the list. all she needs is a piece of a left lung and a piece of a right lung in order to live. but the federal government and kathleen sebelius say we're going to look at this. we're going to study it. but they're going to literally study it to sarah's death. >> anna: time is ticking? >> yes. >> brian: are they sacrificing the life of an adult that might be waiting for that? >> that's the game they want to play. you can accept that, well, if you give it to a child, you're going to take it away from an adult. i think in a matter of ethics and morality, we should see them on the same plane. the truth is children have

longer to live. the truth is, sarah could potentially be cured as a result of this. the truth is that we try and nurture our youngest, whether it's genetic, instinctual. we say, these are the people that we need to bring through. but the children do not speak. the children do not make the policy and the federal government, through the doctors i spoke to, can't articulate why they're doing this. the numbers are devastating. if you're a child, there is a greater chance you'll die. >> steve: the family now has hired this law firm of national note. >> who is doing it pro bono. >> steve: what would they like to see in an injunction? >> what they want to see is kathleen sebelius has the power today with the stroke of a pen, if she's watching, she could do it within one minute with an e-mail and say the under 12 rule has got to go. we're going to make it equal for everybody in the united states. we're going to give organs based on need, not based on a child's age. she has that power. this organization was created by

statute, by the congress, by the federal government. she can do it today. what she has said, well, we're going to study it. if they study another two or three weeks, sarah will pass from this earth. >> anna: weeks or months. >> she will pass from this earth and other than children will as well. it's not about sarah, it's about the rule. >> steve: base it -- right now it's on a number. you want to see that turn around? >> so does the family and a lot of children's families. >> steve: peter, thank you. >> we'll stay on it. >> brian: breaking news in the irs scandal. word out that secret e-mail addresses the administration uses. so can they be subpoenaed? florida senator marco rubio next with that question. >> anna: a judge rules fort hood shooter major nidal malik hasan can represent himself at trial and you have to pay for his office a assistance. laura ingraham, top of the hour ok, i am coming. [ susan ] i hate that the reason we're always stopping is because i have to go to the bathroom. and when we're sitting in traffic, i worry i'll have an accident.

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i'm anna kooiman in for gretchen carlson. breaking news in the irs scandal. word a secret e-mail address the administration uses, can those be subpoenaed? senator marco rubio here live. >> steve: meanwhile, he admitted to shooting our soldiers while screaming allah akbar and not only is that guy earning a six figure salary behind bars, he's also now getting an office and a staff to represent himself in court. laura ingraham on this moments away. >> brian: he's calling it the biggest mistake of his career, voting to confirm eric holder. >> i did my due diligence. turned out i was wrong and everything that's happened since then has proven that i was wrong. so any time i'm wrong, i like to admit it, just like eric holder ought to do in terms of investigations of the press. >> brian: marco rubio, laura ingraham, "fox & friends" third hour starts right now.

♪ >> anna: a party at 48th and 6th on the fox news channel, "fox & friends" plaza. we'll be getting out there for more of caribbean week in just a minute. >> brian: shirts not required. >> anna: no shoes, no shirt, no problem. >> steve: i feel like red stripe beer. we've been up for 12 hours. >> brian: you can't drive the show and have red stripe beer. i say let's go with anna, put the beer down and talk to laura and the senator. >> anna: let's go to your headlines. oscar pistorius was in court. in this video you'll see just in, a judge in south africa ruled to postpone his murder trial until august 19 so police can finish their investigation. pistorius showed no emotion during the hearing, only saying these two words: yes, sir. he is charged with murdering his model girlfriend, reeva steenkamp.

also overnight, police questioning a 13-year-old boy accused of plant ago fake bomb at his school in florida. he was already suspended from the school. classmates say they saw him put two sticks of dynamite attached to a time in the school courtyard. but they didn't alert anybody at first. then there was robbery in the area and the school was put on lockdown because of that. but thinking it was because of the bomb, students came forward. the f.b.i. is asking for the public's help finding a marine kidnapped in mexico. armando torres was visiting his father and uncle when armed men stormed their ranch taking all three of them at gun point. they haven't been heard from in a month. their family thinks it's related to a fight over their property near the border. torres served in operation operation iraqi freedom. bomb building and terror training, a new class at gitmo. resume writing. guess what? you're paying for it. the class is part of the instructional program intended to teach literacy english as a

second language and art. interviewing tips are offered. gitmo costs taxpayers $900,000 per detainee annually. those are your headlines. >> steve: meanwhile, acting irs chief danny werfel getting grilled on capitol hill yesterday as lawmakers search for more answers on why the agency targeted conservative groups. werfel offering a this explanation. >> it was a fundamental failure by irs management to prevent this inconsistent treatment and insure that it was halted once management became aware. these failures have undermined the public's trust in the irs's ability to administer the tax laws in a fair and impartial manner and they must be corrected. >> steve: but was it really imcompetence or an abuse of power? either way, our next guest says it's frightening for america. florida senator marco rubio joins us live this morning of the good morning to you. >> good morning. >> steve: also we've got this breaking news this morning that apparently the federal

government -- remember, the president said this would be the most transparent administration ever -- apparently barak obama's administration ten departments have not released e-mails. they're using secret government e-mail accounts and the problem with that is, senator, if they're secret, when somebody wants to look into them, like we'd like to get the irs e-mail accounts and stuff like that, if you don't know they're secret, you can't ask for them with a subpoena. >> yeah. that's right. beyond that, i think this administration should take the lead in being forth coming about all of this. i would like to see them be more pro-active, get it all out there now. if there is nothing to hide, what they're claiming is this was imcompetence, then get all the information out quickly and let's dissuppose of this. there are e-mail accounts like that and more like them? the administration should be pro-active about getting these things out there as soon as possible. >> brian: unless they don't like what's in them. you would not have been elected if not for the tea party. do you believe from your estimate that if the tea party

was ham strung in 2010, it affected the election? >> in 2010 or 12? i'm sorry. >> brian: 12, i'm sorry. >> yeah. listen, i think a couple things. i have wouldn't say that at the national level. there might have been local places where some of these organizations trying to get going couldn't and that was the intention here, by the way. if this was done deliberately, you look how this was applied. the big organizations, the big mega pacs and so forth, many of them didn't go through these problems and even if they did, they could afford to hire the best law firms. it was the smaller and mid-sizes, the ones started in smaller communities. they're the ones that got put through the wringer and we don't know how many people just dropped out. just said, forget it. i'm not going to start an organization. it's too hard to do it. and so we need to figure out whether that was done intentionally. but i think it's also a lesson in what happens when government gets too big. big government doesn't hurt the big companies and the people who have made it. they may not like it, but they can afford to deal with it. it hurts the small and mid-size

companies. >> steve: you know what, senator? in addition to having you on today, laura ingraham always joins us on tuesday at this time. she's joining us from not far from where you're standing. laura, what do you make of this secret e-mail thing that apparently is cooking right now in the administration? >> if we're waiting for president obama to take the lead on this, i think we're going to have a very long wait. it begs the question why? the understanding is that they needed these secret e-mail accounts because their e-mail -- official e-mail was filled with a lot of extraneous e-mail. it was overloaded with too much e-mail. well, isn't that what we all deal with in our everyday lives? it's ridiculous. clearly they want to make it more difficult for people to track what's going on behind closed doors and senator rubio is exactly right. this demonstrates why big government initiatives, big government, big bureaucracy, these unwieldy administrative agencies have got to be shrunk. the spending has got to be tamed

in washington and the people have to have a bird's eye view of what goes on behind closed doors, whether it's an issue that we're talking about now, the irs, or frank lee, issues like senator ruby deals with on immigration reform. we want sunlight to shine in. we want to know who is talking to whom, what deals are being cut, and we need to know. the public has a right to know. this country is in big trouble across the board and we want real answers. i'm glad we're on this topic today. >> anna: we'll get to immigration in just a bit. senator, i want to talk about eric holder ignoring congressional requests and had a staffer for the department of justice come forward and say that they do back what he is saying, that he did not indeed lie to congress when he said that he wasn't sure about potential prosecution against james rosen. what do you make of all this? >> look, i called for his resignation a year ago after fast and furious. what we need to understand about the attorney general's job is the top law enforcement job in the country. so much of it depends on the

credibility and trust people have in your willingness to dot job right. i don't think he had that for a while, but he definitely does not have it now. we saw reports yesterday that there are people in the west wing that would like to see him move on of the i think it's time for him to step aside, frankly for the good of this president who cannot effectively serve this president. people simply don't have the confidence in what he's saying or doing. i think that's growing by the day. i think that's very important that the chief law enforcement officer of the united states of america be someone that people have confidence in, in their ability to do the job in an impartial and fair way and i don't think it's there anymore when it comes to mr. holder. >> steve: laura, you had a big exclusive with senator isakson regarding mr. holder. here he is with greta repeating what he had said on your program. listen to this. >> i voted for eric holder. but eric holder's actions since that time have proven that vote to have been wrong. in terms of fast and furious, in terms of not prosecuting voter intimidation in philadelphia, in terms of what's happened in terms of the press here, he has

just not proven himself to be worthy, in my judgment, of representing the president of the united states, you, or me and the american people as attorney general. >> steve: laura, for him to say on your show and then later to greta, worse vote i've ever made, that's something. >> it's refreshing when senators or congressmen or talk show host say when they're wrong about something. and it was refreshing, right? we all have great hopes that we're going to accomplish this or that or eric holder will be a standup professional guy and he's going to carry out his duties without regard to ideology or politics. in the educational background, that didn't really happen. giving him the benefit of the doubt, the appearance of eric holder is at this point unseemly. i mean, good for senator isakson. we need more people to say look, i had good intentions here, but i made a mistake. >> brian: laura, i want to say for the record, i would admit when i'm wrong if i'm ever wrong. >> no, that's true, brian. >> steve: just so you know.

>> brian: senator, you're leading the charge, along with a couple other republicans, few other republicans on immigration reform through the senate. when it goes to committee, do you believe immigration as it looks right now will have the 60 votes necessary to move to the house? >> no. and i think even the democrats would concede that. there is a few reasons for it, but one of the things we've learned over the last few weeks through the open process that happened through the committee process and all the public input that we've gotten is how little confidence people have in the federal government will enforce the law. what people say to us is, we know we have to reform the legal immigration system. we know we have to deal with the 11 million people that are here illegally. but only willing to do that if we can make sure that this never, ever happens again. we don't want to be back here in two years, five years, ten years, dealing with another five or 10 million illegal immigrants. that's the key. people don't trust the department of homeland security to do the job. i think we have a lot of work to do in that regard if we even want to pass it out of the senate. i think the house has its own

criteria they're going to apply. so this is nowhere near being done. i'm optimistic something good can happen, but it needs to happen the right way. >> brian: but if not done, why did you vote for it out of committee? >> first of all, i wasn't on the committee, but let me just say that -- i didn't vote for it out of committee. but i worked on the drafting of it. 90% of what's in that bill is stuff that's not controversial. we reform the agriculture workers program. we reform the programs with regard to high-tech visas and we go away from a family-based immigration system to a merit-based immigration system. there are parts that need to be improved. that's the way the legislative process should work. >> i think the -- look, i think marco rubio, if he were in charge, if you were in charge of enforcing the border, i wouldn't worry about it at all. okay? if that was you doing it down there, and if you were absolutely doing it. but people, you're right, have no faith in this border actually being enforced. they know that when chuck schumer, dick durbin and bobbin mendez are giddy over the

passage of a bill, republicans conservative, most people in the middle class who are seeing their wages stagnate or go down have something to worry about. they're looking to you for leadership and i can tell you from my listeners, they think it's time to divide the republican party. but people want us to focus on jobs, economy, and raising the middle class here in this country before we start tackling an issue with this comprehensive approach which i think we've seen from janet napolitano getting all this discretion is a very, very tricky business. >> i think there is agreement about the discretion part. that's what we're working on. as far as immigration and the economy is concerned, it actually is linked to the economy. if you look at our legal immigration system, if didn't have a single illegal immigrant, we'd still have to reform our legal immigration system because it is related to -- >> do that separately. >> the problem is they're all interrelated. if you look at one of the drivers of illegal immigration, is that we don't have a legal

immigration system that works, for example, for temporary or guest workers in the agricultural sector. >> brian: if janet napolitano is in charge, i don't think you could possibly get it past the house. >> objective metrics. >> i would remind everybody that the president -- the good news is he's only president for the next 3 1/2 years and the longest she'll be around is that long. i hope they're replaced by people more serious about enforcing our laws. that's what we intend to do in this bill. this is not a one year bill. it's a ten-year process. there will be another administration in charge of implementing this and our job is not to leave it up to them, but come up with specifics in that bill. >> steve: senator, we know you and laura are very busy. we thank you both for dropping by for the first 13 minutes of "fox & friends" this hour. thank you. >> anna: and he was known as the most lethal sniper in american history. now fallen navy seal chris kyle's wife is carrying out his legacy. she's here next to finish something very special that he

started ♪ ♪ ♪ ♪ ♪

♪ music ... music ... music...

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>> brian: she gained national attention after this moving tribute to her fallen husband, navy seal chris kyle. >> on january 28 of this year, chris said, i would love the

people to think of me as a guy who stood up for what he believed in and helped make a difference for veterans. you know, someone who cares so much about them that he he he wd them taken care of. well, chris, well done, babe. you did it. >> brian: wow. now chris' wife is picking up where her husband left off, finishing off his memoir. the book is called -- and he was talking about this on our show "american gun." he was just about done with it. his book is currently a best seller and now this book, i'm sure, will be, too. thanks for coming down. >> thank you for having me. >> brian: how hard has it been talking about chris after he was taken from us all those months ago? >> in some ways it's easy because i love him and there was a lot of good things to talk about. he left me with a good message to give. and in other ways, it's a

struggle. >> brian: every day is different, i guess a different challenge. found out, he loses his life trying to help out another soldier who is having trouble adjusting here. the mom calls him up and says, will you take out my son? they go out to the range to try to get him rehack placemented. then he ends up taking out chris. how do you make sense of that? >> i think that the ptsd issue has come up because people want to make sense of it. but i've never had it confirmed that he had ptsd in the first place. and chris and i have been very blessed to know a lot of people who are big hearted men. they suffer from ptsd legitimate ly and they carry guns. they're good to their families. they don't use it as an excuse and it absolutely does not change their character. they don't murder people. >> brian: and the story might be in who this guy really is. having said that, tell me about the book that we're going to get a chance to read now. >> it's "american gun."

chris was very excited about it. it married his passion for american history and his interest in technical aspects of guns and then just great story telling. ten iconic guns and the people who used them in extreme situations. >> brian: he is america's best sniper. his book is still a best seller. and this one will be, too. how has the community respond to you since chris' death? >> in the worst of times, i think you have an opportunity to see the best of people. and our family has been blown away by the support and the love and the people that have come out to us with no strings attached to help us carry out what chris was working on. >> brian: which is the type of guy he was. >> right. >> brian: and the type of person you are and the way that they can continue to support you is get this book, which is phenomenal. thanks so much. so sorry for your loss. but we loved meeting chris and i'm sure he would be so proud of what you're doing. >> thank you. he enjoyed you, too. >> brian: thank you. ten minutes before the bottom of the hour. talk about a summer bummer,

uncle joe pulling the plug on his party for staffers and journalists. the vice president. could the dc scandals be to blame? but you can count on "fox & friends" to party on the plaza caribbean style. we continue how can you get back pain relief that lasts up to 16 hours? with thermacare heatwraps. the only wrap with patented heat cells that penetrate deep to relax, soothe, and unlock tight muscles. and now, introducing reusable thermacare cold wraps. pain relief without the shock of ice.

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>> steve: in a couple of hours we'll find out if james holmes will plead guilty to colorado massacre suspect could enter an insanity plea, or his lawyers could ask the court to hear arguments that penalty is unconstitutional there. the epa paid $750,000 a year to a warehouse contractor whose employees watch tv and lift weights there. all while taxpayer-funded supplies decayed in moldy, rat infested conditions. now calling for a review.

they're doing a lot of that these days. it's caribbean day on "fox & friends." >> brian: steve, thanks. i haven't seen you in quite some day. our caribbean party on the plaza continues in the tiki hut. thank you. what better way to take on the summer heat than with cool cocktails. guess who is here? craig,. >> i'm an executive chef. >> and owner of a catering in barbados? >> yes. >> you have several drinks to show us. the first one we're going to start with is the tropical eclipse. >> yes. pineapple is in. pineapple, rum, using sugar from barbados. a simple syrup. that's blended. >> brian: i know we have the blinder in the background. we don't want it too close to where the drinks are. now you pour it in there.

>> brian: leave the drinks out here. nothing like an umbrella. >> this one is no alcohol. watermelon. this is juice, sugar. then we have a little bit -- tropical eclipse. >> okay. and then you have another drink. >> then we have vacation dreams. >> right. >> brian: lower a little bit. there you go. >> this one has reduced red wine, strawberry, blowned is that berry and then we also have

a bit of salt. >> brian: all these will be on our web site. what's the final product? >> final product, this is the final one here. lots of fruit. >> okay. then the last one was a melon escape. that was nonalcoholic drink. >> brian: i tried it over there. all right, you enjoying the drinks? [ cheering ] >> brian: here you go. take it away. it's ladies night here in the back bar. there you go. who wants to drink? there you go. that's okay. >> steve: they're not driving. >> anna: you still have 30 minutes left in the show. come on back inside. >> steve: once again, if you would like the recipes, go to our web site.

>> anna: 27 minutes after the hour now. he admitted to shooting our soldiers while screaming alu akbar. now nidal malik hasan is not only keeping his six-figure salary, he's getting an office and staff. how does that happen? >> steve: and she's got one of the hottest beach bodies around, but super model miranda kerr wants to be known for more than just her looks. she's going to join us next to tell us about her goal. good morning. [ male announcer ] with free package pickup from the united states postal service a small design firm can ship like a big business. just go online to pay, print and have your packages picked up for free. we'll do the rest. ♪ we'll do the rest. the great outdoors...

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>> brian: republicans want president obama to fire attorney general eric holder after he seemed to contradict himself under oath. when asked if he was worried, holder said yes, i mean no. [ laughter ] >> steve: brian, you were just out there doing the caribbean day cocktails. >> brian: was that on? >> steve: yes. we saw you consume a bit of one. do we need to you have a breathalyzer. >> brian: i went for the virgin drinks. and there is no liquor in there. >> bologna. >> brian: right. >> brian, you're fired. >> brian: thank you, donald trump. now to your headlines. a judge rules major nidal malik hasan can represent himself at trial.

now you have to pay for his office, his legal assistance and his research. the judge says the government must provide him with all of those things while paying him. hasan will get soldiers that he shot that day. opening arguments are set for next month. he asked for a three-month delay to prepare himself for the case. the good news is he's paralyzed. >> steve: in other news, the latest political bombshell we've been telling but this morning breaking, president obama promised to back hillary clinton back in 2016 in exchange for bill clinton's supporting obama last year. now there is word vice president joe biden intends to run for president. oh, oh author ed klein, who blew the lid on that deal, joined brian earlier. >> the end result is that obama's blown hot and cold about the clintons. he had them to dinner at the white house for the very first time, two of them, with valerie jarrett sitting in, by the way. and during that dinner, clinton

lectured obama about experience and his lack of experience and how much experience clinton had had, and obama kept looking at his blackberry. >> steve: maybe he wasn't listening. klein says he wouldn't be surprised if president obama stays neutral and backs out of the deal, double crosses bubba. >> brian: the endorsement might not mean much, didn't help bush. remember? clinton didn't help gore. >> steve: and obama has a bunch of scandals going on right now. >> anna: here is a funny one. talk about a lesson kids won't forget a computer science high school teacher facing serious charges after he showed students a naked picture of himself. this clearly not the peek a boo photo. he was teaching his classes in the san francisco bay area of california how to transfer pictures from electronic devices and the photo popped up. >> my first reaction was everybody was laughing 'cause they thought it was a joke. but then when everybody realized that it was our teacher,

mr. stiner, then that's when it became all quiet and everyone got serious. >> anna: funny, but not so funny either. the school has placed him on leave. >> brian: scottish woman defying the odds of a 500,000 to one by giving birth to twins for the third time. karen roger didn't feel her family was complete, so she decided to try for one more child. i assume she wasn't alone. she says her husband was in complete shock when he learned they were having two girls. >> he couldn't believe it. he was absolutely simply -- i said it's true. >> brian: they have four older brothers. 14-year-old twins, 12-year-old twins. >> anna: hopefully they can help with the diaper changing. >> brian: right. and soon everyone will need to help for college. >> steve: meanwhile, more severe

storms could be on the way today for the plains states, including already devastated parts of oklahoma. maria molina in front of our world headquarters with some folks who have come to us from the caribbean. >> that's right. it's caribbean week. we want to give you the weather across the country because we do have some severe storms, like you mentioned to talk about across sections of the plains, across sections of oklahoma, texas, kansas and missouri. today you do have a slight risk to be looking at showers, storms, and some of those storms could even become severe with large hail, damaging winds and isolated tornadoes. the threat today will not be anywhere near as large as what we saw last week, but it is in place. do heed any warnings if they are issued for your county. as we head into tomorrow, parts of texas, oklahoma, parts of arkansas could be looking at more rain and storms and a slight risk for more severe weather. texas, 95 in san antonio. 92 in dallas. triple digit heat in el paso and phoenix. 74 in new york city. and we do want to look across

sections of the caribbean. not just because it's caribbean week, but because we're watching an area of showers and storms at the national hurricane center is keeping an eye on for potential development here. we're looking at a medium chance of this storm system becoming some sort of tropical cyclone, but regardless of whether it becomes a cyclone or not, we're looking at heavy rain across the state of florida, five to eight inches will be possible across south florida as we head into the next several days. let's head back inside. >> steve: stay right there because we want to make this an even -- two even teams, brian and i versus anna and maria. it's the battle of the sexes. >> brian: we'll be the men. >> anna: this time. >> steve: we tried to settle the question of who is the better driver, men or women? we did something in front of our building because there was this woman, i believe in ireland -- >> brian: it took her an hour to parallel park. >> anna: gretchen did get in first, but she ran into the bench. >> steve: and it hit a lamp

post. so discovery news has looked at the science available and scientifically figured out the question to a number of gender differences. >> anna: unfortunately, men take the cake on this one. they are apparently better at viewing 3d objects around them and making sense of all that. the science says this may come from hunting skills and combat warrior skills. >> brian: right. who is the better driver? it is men because we used to hunt for our meals as our family waited patiently in the cave. >> anna: the next one is who is better with directions? who gets that one? women. >> that's actually because that involves using your brain. just kidding. [ laughter ] that's because of logic and shooting landmarks. >> steve: according to the study, though, it did talk about how a man's brain is bigger than a woman's, just -- >> brian: despite what you heard on anchorman where he said his co-anchor had a smaller brain.

>> it's actually what's in it. not size. >> brian: right now, the one that can use onstar or gps, because no one cares anymore. >> google maps, whatever. >> anna: mo who is the better lee detector when it comes to infidelity? >> brian: let's get this straight. when you cheat, who is better at finding out that you did? correct? >> steve: right. turns out -- >> it's men inform it is men. >> that's because men are quicker to judge. right? >> steve: maybe that, or maybe when there is cheating going on, the woman is not as good at lying as the guys are. >> brian: that's a very female- oriented answer for a man that won the contest. >> anna: women must have a little more guilt than men. >> steve: good job out there. >> thank you. >> steve: stay away from the bar. >> anna: for 21 more minutes. >> steve: we'll be there in 22. >> brian: we have the most

beautiful very randa in -- veranda in the history of man. >> steve: they did a lovely job. >> anna: lawmakers aren't allowed to receive donations to spend on policy. but kathleen sebelius is doing it anyway. how can she do that? >> brian: plus. >> steve: talk about a summer bummer, uncle joe biden, vice president, pulling the plug on his annual party for staffers and journalists. could the dc scandals be to blame? say it ain't so, joe hey! did you know that honey nut cheerios

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>> anna: 44 minutes after the hour. thanks for being with us here at "fox & friends." quick headlines for you. a close call in the sky. take a very close look at this. it's apparently a german drone narrowly missing an afghan passenger plane. about 100 people were on board at the time. you can see the drone fly right under the plane's wing. the classified footage recorded back in 2004 in kabul and just recently leaked on the internet. vice president joe biden just canceled his annual summer bash for staffers and journalists. there is no official explanation, but some say it could be because of the scandals

plaguing the administration, includingpyng on reporters. more on that scandal, here is steve. >> steve: thank you very much. yep. there is a brand-new scandal surrounding the obama administration. this time it's health care and health and humany kathleen sliu she's reportedly reaching out to healtinstry officials asking for money to help implement obamacare because congress didn't give them the money, so she's going and asking people about it. tennessee senator lamar alexander says this isn't going to end well. he's the ranking republican on the senate committee that oversees health policy. good morning to you. >> good morning, steve. >> steve: also, breaking news this morning, according to the associated press, apparently the obama administration using secret government e-mail accounts for a variety of reasons. but apparently secretary sebelius is one of the people who has been using a secret e-mail account. so apparently it's going to be

hard for investigators to subpoena that, senator, because they don't even know it existed until this morning. >> well, that's a problem because there is something called the public records act. so if you're in the government and the executive branch, which is supposed to use the government e-mail for official business, use your private e-mail for your private business. if you mix the two up, that's against the law and that frustrates the ability of the public to find out what you're doing. >> steve: absolutely. let's talk a little bit about how she has been going to private individuals asking for money. it's because they're trying to implement obamacare, but you guys and the congress didn't give her the money, so she's asking private sources for it. that seems like a scandal right there of enormous proportion. >> well, it was 25 years ago. 25 years ago, oliver north and the closing days of the reagan administration didn't like what congress had decided. congress said, you can't go down to nicaragua and support the rebels to fight the government.

so north apparently did it anyway and did it with private money and a private entity outside. he got in a lot of trouble. so did the administration. and the congress formed a select committee and said, you can't do that. we have a constitution that says only the congress can spend money and we have federal laws that say if congress says no, you can't make an end run. >> steve: well, so it looks to me like there is a double standard here, senator. they made a big deal about it, the main stream media did, back during the reagan years. now you've got essentially the same situation. but you hardly hear about it, except on fox news and on talk radio and on the internet. >> well, we hope to hear more about it because several of us have asked the government accountability office and the inspector general to tell us the facts. this be would be the same thing as if the president asked congress and said, i need nine jet planes and congress said we'll give you eight. the president went to his friends, raised a couple million dollars and bought a ninth one. our founders didn't want a king. so they created congress and they created limits on the

executive, and this president, whether recess appointments when we're not in recess or trying to avoid advise and consent in that way or trying to avoid the proportions process by appointing czars or creating in effect issues a national school board by useful waiver authority, they've been pushing, pushing against really thumbing their nose at congress. >> steve: a lot of good points. senator, joining us from the russell rotunda, thank you very much. >> thank you. >> steve: now 12 minutes before the top of the hour. she's got brains and she's got beauty. super model miranda kerr is out to become an entrepreneur by age 30. brian is trying to talk her out of it. >> brian: i'm not trying to talk her out of it. we're just talking. watch your head, i'm sorry. have you ever met bill hemmer? are you going to toss to bill hemmer to find out what's on at the top of the hour? >> steve: i think that counts as a toss. >> brian: this is miranda kerr. >> you're working it, brian, aren't you? >> steve: come on over here.

>> steve, how are you? good morning to all of you. good morning to miranda, give her our best. another day, another hearing on the irs matter and today you see and hear directly from the groups that were targeted. we'll have live coverage of those hearings. does eric holder have something to hide, that's what leading republicans want to know. they say their questions were not answered. an allegation of sexual assault in the military line of the pentagon, a growing story there. martha and i will see you in 11 minutes. miranda is back with brian in two minutes look what mommy is having. mommy's having a french fry. yes she is, yes she is. [ bop ] [ male announcer ] could've had a v8. 100% vegetable juice, with three of your daily vegetable servings in every little bottle.

>> brian: talk about beauty and brains, from successful model to savvy business woman, our next guest is a former victoria secret model whose goal was to become an entrepreneur by the age of 30. my goodness, she has done it. >> anna: and here with exactly

how she did it, miranda kerr. good morning to you. >> good morning. thanks for having me. >> anna: tell us a little bit about what you got going on. this organic skin caroline -- care line. >> this is a certified organic skin caroline that i really, i'm the founder and managing directsor. i put my heart and soul into developing these products. 21 products in the line. and products for every skin type. >> steve: did you put on a lab coat? were you involved in the formulation? >> i have put on a lab coat? >> steve: really? started stirring things? >> no, that's not my job. but i was trying and testing the formulations. it took years, actually, to get it all together to a place that i felt really comfortable. >> steve: so they would come up with something that they thought okay, let's run it by the boss. >> yes. >> steve: then you would make the ultimate decision? >> i said, i studied nutrition and i'm very aware of health and when you put into your skin. so it's about choosing the right

ingredients, when and where you can. of course, it's about balancing. >> brian: part of balancing is having a good time on the weekend, right? >> exactly. i say 80% healthy. 20% indulgent and that goes for all areas of life. >> brian: here is you, instagram. >> there i am balancing. >> brian: is that work or play? >> that was a bit of both. i grew up as a gymnast and i love yoga and that was me doing a back bend and -- >> anna: instagram followers went from 8 million to 10 million. >> brian: that's a little yoga and a little yoga corbett. >> yeah. i love -- i felt like it's such a wonderful pose and it was just fun to share. >> steve: who snapped that picture? was it your husband, orlando bloom? >> no, it wasn't. he's in new zealand right now finishing up. a friend of mine, a photographer. we were doing a beauty shoot for my skin caroline. we were just getting in the

mood, because life is about balancing out the mind, body and spirit. >> steve: you bent over backwards for it. >> i bent over backwards for my skin caroline. >> brian: do you wake up that flexible? >> yeah. >> brian: really? >> now i do yoga. >> anna: she has a year old child. >> steve: do you want to ask her to do it right now? >> brian: can i do that? that was good. why is it that -- they've done study about earth and said what's the happiest country? australia, the happiest people. why are you so happy? >> i feel like generally australians have a laid back attitude. we're very open. we don't take our self too seriously. we know how to have a good time. >> brian: everybody knows each other's name. at one point you all introduced yourself. >> if you don't, it's like good day, mate. australians definitely know how to indulge. let me tell you. >> steve: you have teamed up with venus.

you'll walk the step out blue carpet today. right? >> yes. we're launching. the step up and step out program for women to inspire them to be the best version of themselves. they can come down to times square. i'll be here with venus gillette, encouraging women to find the right razor that works for them because there are so many different ones and smooth legs are something that we need. >> brian: right. >> especially for this beautiful warm weather. >> steve: brian just waxes and i tell him that's a mistake. >> brian: but we're a free country. >> free country, you know. >> brian: entrepreneur, model, mom, good job. stay here, don't go away. >> thank you. >> brian: back in two minutes, maybe three. count at home e verizon share everything plan for small business

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>> brian: tomorrow, dan marino, dr. keith ablow and brook burke. thank you, caribbean family. >> steve: see you back here tomorrow, everybody. >> brian: buy miranda's book! fox news alert. it will not be a good time for many on the hill today. what does it feel to be like in the cross-hairs of the irs? we're about to find out six conservative groups say the tax agency targeted them because of their political beliefs. they will testify before congress. this is testimony you will see live here on the fox news channel. now some of these stories have been out there but many have not. there will be drama this morning. i'm bill hemmer. welcome to america's newsroom. good morning. martha: should be interesting. good morning, everybody, i'm martha maccallum. today's hearing will be before the house ways and means committee. this is the second of three we will watch this week. yesterday we had the new irs