i've got two kids. some women just have to work. what's good for your family might not be good for another. >> everybody have a great day. "fox & friends" starts right now. >> good morning. it is june 5. it is wednesday. i'm gretchen carlson. thanks for sharing part of your day with us today. if you're just waking up there is a baseball bombshell. the mlb looking to suspend 20 players. among them a-rod with the yankees. why not? more of what is becoming the largest investigation in sports history. >>steve: conservatives targeted by the i.r.s. finally getting their say before the people and the congress. >> we are patriotic americans. we peacefully assemble. we petition our government. we exercise the right to free speech. and we don't understand why the government tried to stop us. >>steve: more on what these everyday americans had to say about being singled out by the i.r.s.

>>brian: a teen who could have lost his cool during a performance of the national anthem. instead being hailed as a brave young patriot. down goes the cymbal. up goes the salute. we'll give you that story and talk to him at the top of the hour. "fox & friends" starts tphoufplt -- "fox & friends" starts now. >>gretchen: we don't know what happened when he dropped the cymbal? >>brian: right. some do who watched the show yesterday and took the after-the-show-show quiz. >>steve: two million people who downloaded this particular application on youtube. two million know plus our vast viewing audience which is about 28 million. >>brian: and we're about to meet the kid. >>steve: he's going to be on live. from a family of patriots. >>gretchen: i learn what happens with some of the rest of us. let's get to your

headlines. developing story overnight. a new report with shocking information about classified details used for zero dark 30. >> you really believe this story? >> osama bin laden. >>gretchen: according to the project on government oversight, the inspector general sitting on a report that leon panetta who was then the c.i.a. director disclosed top secret details two years ago. the report says panetta recognized the unit behind the raid and the ground commander by name. panetta wouldn't comment. he was also secretary of defense. the star university of alabama basketball player charged in connection with the kidnapping of a six-year-old girl in mississippi. he is facing one count of conspiracy to commit kidnapping. the girl was snatched from school but returned home the next day. six people have been arrested in the case. cops say his mom was the ringleader. no word on how pollard, the player, involved.

in a few hours the judge in the fort hood massacre trial is going to rule on hassan's request for another trial delay. he said he needs three months to prepare defense. he fired his lawyers three weeks ago. he is telling the court leadership of the taliban was in immediate danger of troops from fort hood because the u.s. attacks continued to attack the taliban. these dramatic pictures proof you'll want to wear your seat belt next time you fly. it happened on a singapore airlines flight after it hit intense turbulence. it sent all the food flying. passengers' coffee ended up here. the caption of the flight from singapore to london, turn on the fasten seat belt sign moments before the plane dropped 65 feet. that would be when i would pass o.u. there are your

headlines. >>steve: brian, the daily news has this as the front and back. major league baseball drug bombshell. look at that. lab rats. clinic founder looks to dish the dirt on a-rod. that is the key. a-rod and up to 20 different players could get hundred-game bans. >>brian: the other huge name is ryan brawn. he said i failed the test in 2011. it is a bad test. i never took it. it turns out his name along with others steve mentioned -- and we'll try to get you those names -- are rumored to be on a soon to be banned list because this man named tony bosh who runs a wellness clinic down south which is o which reportedly gives out p.e.d.'s to people, the so-called longevity clinic, many of which are high-level athlete. in the case of alex rodriguez, the allegation is not only did he buy these performance-enhancing drugs, but bosh actually injected him with it.

if he comes and talks like he's rumored to be talking this week in a deal that's cut behind closed doors, he's going to name names and give proof including receipts and once again these guys are going to be in trouble. and the main story in baseball will not be the game but those who are trying to cheat the game. >>gretchen: the interesting thing is the hundred-game ban is for a second offense. not all these players would necessarily face that hundred-game. but alex rodriguez would because as you remember he admited to using steroids a couple of years ago. tony bosh, the founder of this now shuttered biogenecist of america clinic, is not necessarily going to mitigate exposure. not a full done deal he's not going to face criminal charges because he rats out everyone else. but there is apparently some deal in the works. major league baseball, it is very important they try to root out illegal activity because it doesn't help -- it just does not help the game. by the way, how many players actually have never

used any of these substances? it is going to be a real short list who ends up some day in the hall of fame. >>steve: a-rod is one of them. cabrera is suggested. ryan brawn of the brewers and a bunch of others, up to maybe 20. >>brian: here's the thing too. by the way, pwaeufrb seems to be the -- baseball seems to be the only league trying to straighten out its house? basketball is not dirty? football is not dirty? baseball, they are nothing without their legacy, records and history. you could throw out two generations of players because for now on the fan looking at all different ages will say he was good but what was he using? they were good, but what did they get caught doing? by the way, his name turned up on it so he was guilty, but i'm sure the other guys used it for timing of the test and they were able to escape. the question is as these names pop up and proof comes forward will the major league baseball's

players union say that is not fair to the people i represent, let's look into this. guys like a-rod use all their $250 million to fight against it? >>gretchen: baseball has one of the strongest players union in the world. the i.r.s. scandal, did you happen to see some of this testimony yesterday? these were the real-life victims. this put a face on the entire thing. people who were victimized, up to 500 groups that had tea party or patriot in their name. they were trying to get that 501-c-4 status. we're going to play a group of sound bites here which means just their testimony here, so you can hear the human spirit exactly what they went through over the last couple of years. >> born free american woman, wife, mother and citizen. and i'm telling my government that you have forgotten your place. i'm not interested in scoring political points. i want to protect and

preserve the america that i grew up in. the america that people cross oceans and risk their lives to become a part of. and i'm terrified it is slipping away. thank you. >> thank you very much. [applause] >> and i felt betrayed. absolutely betrayed. >> then-acting commissioner steve miller summed up the i.r.s.' action as horrible customer service. would you call that horrible customer service or would you call it something else? >> i would call it a felony as the federal law calls this a felony and i would prosecute those people responsible. >> the american people are being led to believe you guys are big muscles of political strength. could you tell us roughly what your annual budget is? >> our annual budget is in the negative. >> uh-oh. are you a democratic organization? >>steve: if you're talking about such small

numbers, why would the i.r.s. be involved? there were a number of democrats, dogget of texas and mcdermott of washington. you're about to hear from congressman bloomenour, democrat of oregon. these democrats became human shields for the i.r.s. and turned on the groups and said how dare you be political. you got what you asked for. watch this. the fellow who represents the national organization for marriage, mr. eastman, actually fought back against this congressman. >> let's stop this charade of pretending these are social welfare organizations and admit they are political. treat them as such and play by the same rules that everybody on the committee plays for when we're involved in politics. >> it's your kind of statements that have empowered i.r.s. agents to make determinations about which organization qualifies for the public good and which do not.

[applause] >> the notion that defending traditional marriage doesn't qualify as a defense of the public good is beyond preposterous. >>brian: he went on to say to john eastman he has also proven too that he believes because he hired a forensic specialist to find out who published his donor list and how that came forward. it went back to the i.r.s. there's two things that came up here. anyone who says we should use this moment for tax reform is khrougd the issue -- clouding the issue. anyone who used this moment to say do they deserve to be a tax exempt organization is clouding the issue. the i.r.s. went after organizations who are legally setting up 501-c-4 and looked for the right way to set this organization up and they were targeted. don't say this is the right, they should have been targeted. it is not the issue. the issue is why are you going after these people and other organizations, liberal organizations, why

are they not targeted that absolutely affected the election a year ago? >>gretchen: and why john eastman is so important, his testimony, is because it is the one case where there could have been a felony. not that other crimes didn't also happen with the targeting. this could be a felony because you can't release the list of your donors to another organization, which is what he alleges happened here. let's take a look at -- >>brian: mitt romney's donors got public somehow some way. what was that? >>gretchen: that could also be a felony there. let's look at some of the organizations on the other side of the fence. here are seven organizations that enjoy that i.r.s. tax-exempt status while tea party groups still struggle, some still waiting more than three years to get the same status. >>steve: let's take a look at some of these. remember they're supposed to be social groups, not political. americans united ran tv ads against republican senators facing re-election. completely social. the ruckus society part of the occupy movement encourages illegal acts by

members. completely social. not political. >>brian: women's action for new directions better known as wand. they encourage students to become politically active. >>gretchen: sierra. black alliance for just immigration says on the web page u.s. immigration policy has been infused with racism. center for justice politically driven efforts include voter i.d. laws. >>steve: where was the republican -- >>brian: they're all green lighted in a normal period of time. >>steve: we should point out on monday danny werfel was asked how many groups in all still pending, and he said there were 132. and yesterday the i.r.s. came back and they said, you know what? we were wrong. there are actually 236 who have been waiting more than

200 days. for people like danny werfel to get out there and say look this was a problem and we have fixed it, it's not fixed. there are still 236 outfits waiting to find out whether or not they get tax exempt status. >>brian: why were they asking werfel these questions? he's not even technically on the job yet. >>gretchen: -- the person who can tell us who ordered this to happen, that is the biggest question still unknown. our nation's veterans waiting years to get the benefits they deserve. one lawmaker says he can turn that around. he's going to be here next. >>brian: prom night ruined. a high school senior was told her cleavage didn't meet the dress code. >>steve: the story. we'll have many parents watching right now seeing red even though that's ♪

♪ wonder if i gave an oreo ♪ to somebody out there who i didn't know ♪ ♪ would they laugh after i'd gone? ♪ ♪ or would they pass that wonder on? ♪ ♪ i wonder how it'd change your point of view ♪ ♪ if i gave one to you? ♪ (girl) w(guy) dive shop.y?? (girl) diving lessons. (guy) we should totally do that. (girl ) yeah, right. (guy) i wannna catch a falcon! (girl) we should do that.

(guy) i caught a falcon. (guy) you could eat a bug. let's do that. (guy) you know you're eating a bug. (girl) because of the legs. (guy vo) we got a subaru to take us new places. (girl) yeah, it's a hot spring. (guy) we should do that. (guy vo) it did. (man) how's that feel? (guy) fine. (girl) we shouldn't have done that. (guy) no. (announcer) love. it's what makes a subaru, a subaru. lets you connect up to 25 devices on one easy to manage plan. that means your smartphone, her blackberry, his laptop, mark's smartphone but i'm still on vacation. still on the plan. nice! the intern gets a tablet? everyone's devices. his, hers-- oh, sorry. all easier to manage on the share everything plan for small business. connecting more so you can do more.

that's powerful. verizon. get the blackberry z10 for $199.99. a relalaxing trip p to floridad. but we c can oy afaffd one trip t this year,, and his s g up i in seattl. evereryone's goioing. ard ababout hotwirire and d realized we couould actualllly afford to take e both tripsps. see, when n really nicice hs have unsnsold rooms,s, they usese hotwire to filill them. so we gogot our r four-star r hs for r half pricece. i shouldld have beenen voted most likelely to travevel. ♪ h-o-t-w-w-i-r-e... . .com ♪ sasave big on n car rentalalso from $ $11.95 a daday. >>gretchen: the nation's top accountants working in washington apparently have trouble with something they are supposed to be experts

at: accounting. their explanation is this. >> one of the causes of these improper cases or kwrepbts around the complexity of the code. >>steve: the complexity? how can the i.r.s. be expected to handle obamacare if it's too complex? joining us is the host of "varney and company." stuart varney. >> let me explain something here. the earned-income tax credit is not complicated. it is corrupt. the earned-income tax credit -- >>steve: then the i.r.s. isn't good at it. >>brian: how do you define it? >> if you work on the books, you've got a job but you earn very, very little money, you get a check from the government. it is to make up. essentially a tax credit in the form of a check from the government. we hand out $79 billion every january to these so-called poor people who get a direct check from the taxpayer. that's not complicated.

it is corrupt because you've got a lot of people who are not reporting off the books income but still getting a check. >>gretchen: you're not being mean to poor people? >> i am being mean to poor people. frankly i am because this is a direct transfer payment from this group of people who pay taxes to this group of people who never paid a dime in their lives but they get a check from the government. >>gretchen: that is not their fault. >>steve: you may call it corrupt but that's the deal. if it's so complex, why are we overpaying? >> because it is corrupt? >>steve: i heard that part. >>steve: a lot of people are, they have off-the-book income, cash income. they don't report that. but they still get the check. their actual income is much higher than what they report. >>steve: they're misstating their income? >> yes, they are misstating their income? >>brian: i doubled my salary this year shoveling snow and no one knows that. is that what you're talking

about? >> yes. >>gretchen: is it two different stories. you have people who are supposedly making more money than they're claiming. but this story was they have actually given back a bunch of money to people who don't deserve it? >> yes, that is true. let's get to the basics here. this is, in my opinion, a corrupt program administered by the i.r.s. they're giving out money which they should not be giving out. that budget, the i.r.s. budget is $11 billion. they've given out $13 billion by mistake in this one program. why put these people -- why put the i.r.s. in charge of policing obamacare? why do that? >>brian: like a seinfeld episode that came full circle. that's what we want to get to. >>steve: watch him three hours from now, stuart varney all riled up. >>brian: are you stereotyping the british as tea drinkers?

>>steve: straight ahead, our nation's veterans waiting years to get benefits they deserve but one lawmaker says he can turn that around. cut the pay to officials at the v.a. >>gretchen: the government telling chrysler to issue a recall but the [ male announcer ] everyday thousands of people are choosing advil. here's one story. my name is taho and i'm a fish guy. it's a labor of love. it's a lot of labor and it's a lot of love. i don't need to go to the gym. my job is my workout. you're shoveling ice all day long. it's rough on the back. it's rough on the shoulders. i get muscle aches all over. advil is great. pain and soreness is just out of the picture. [ male announcer ] make the switch. take action. take advil. and if pain keeps you up, sleep better with advil pm. a friend under water is something completely different. i met a turtle friend today. avo: whatever you're looking for, expedia has more ways to help you find yours.

(alarm clock buzzer) ♪ (announcer) friskies. now serving breakfast. the healthcare law gives us powerful tools to fight it... to investigate it... ...prosecute it... and stop criminals. our senior medicare patrol volunteers... are teaching seniors across the country... ...to stop, spot, and report fraud. you can help. guard your medicare card. don't give out your card number over the phone. call to report any suspected fraud. we're cracking down on medicare fraud. let's make medicare stronger for all of us. it was very painful situation. the rash was on my right hip, going all the way down my leg. i'm very athletic and i swim in the ocean. shingles forced me out of the water. the doctor asked me

"did you have chickenpox when you were a child?" the pain level was so high, it became unbearable.

>>steve: quick headlines. 24 after the top of the hour. chrysler fighting back against the government. in an unusual move it is refusing to recall jeeps. the government says jeeps have defective fuel tanks that can burst into flames. chrysler insists the vehicles are safe. however 51 people have died from being rear ended where the tanks are located. chrysler said they have since moved the tanks. a suburban woman may be a real life drug-dealing mom

on the tv show "weeds." 45-year-old angela sanderling busted for a marijuana operation from a warehouse. cops says they seized more than 1,000 pot plants. the mother of two young girls faces up to ten years in prison. brian, over to you. >>brian: a veteran and our active duty -- start the end of active duty and start fighting for their own benefits. it is taking too long for them to get the benefits they deserve. thousands of heroes waiting an average of 292 days because of a backlog at veterans affairs. now one lawmaker says he has a solution to dock the pay of bureaucrats standing in the way of helping veterans to get the pay they have earned. last night, what happened, congressman, to your proposal?

>> on an overwhelmingly bipartisan vote we passed our amendment. our amendment says if the v.a. does not reduce the back lock by 40%, if they don't reduce the backlog we will cut their salary by 25% which happens in the private sector every single day, but in washington we rarely take this step. i think it was a very good move. >>brian: you're going to cut the pay of v.a. officials by an average of 25% if the percentage of disability claims is 125 days old and not less than 40%. so you have a formula there. and now an impetus for people, an incentive for people to get moving? >> yes. what we've been doing every single year is giving the v.a. more money. it's up to $43 billion for health care for our six and a half million veterans. yet every year they say we're behind. we need more money. we're behind. we need more money. we go through this dance every single year during the appropriations cycle. what i said and what the committee chairman agreed to is, look, do what you do

in the private sector. if the c.e.o. does not perform, cut its salary or get rid of him. and i think it moves us to a different level of debate. i think we will see some solutions. >>brian: you also say nearly 70% of veterans are waiting over 125 days. you have plenty of money there. it's just not getting there because the billions put aside. having said that, now you have this passed with a bipartisan voice vote. it goes to the senate. do you believe democrats and republicans are on the same page here? >> i'm not 100% sure. i think if you look at the number of democrats who supported this in the house, which was a large number, i think that it will be passed in the senate. and it sends a signal not just to the v.a. but i think to other government bureaucracies is that we've had enough and we need to start moving in this direction. i think people understand this, particularly out in the private sector. >>brian: i think they do. a lot of veterans are coming in there. what about the message to future recruits? they're not going to be

taken care of is the message they must be getting after they risk their lives. thanks so much. >> straight ahead, her life depends on kathleen sebelius but she's saying sorry, not fair if i get involved. a big update to a story we've been following for two weeks. it is the struggle of it is the struggle of our vets we cannot see.

(announcer) iskies. now serving breaast.

>>gretchen: 3 # minutes after the top of the hour. some new york high school students claiming they were kicked off an airtran flight because they are jewish. 100 kids were flying from new york to atlanta. the airline said they asked the students to sit down and turnover their cell phones but they refused. the whole group ordered off the plane. chaperons say the flight attendants overreacted. they were rebooked on a later flight. >>brian: a major update on a story we've been telling you about. this girl's life depends on secretary kathleen sebelius but she's saying sorry

sarah, i cannot intervene. >> i've asked them to take another look at it. but i think i would defer to the scientists and to the organ experts in this instance. >>brian: sarah murnaghan's family asked sebelius to appeal a federal organ transplant rule that keeps sarah from getting a lung because she is 10 years old instead of 12 years old. she has cystic fibrosis and doctors say she only has weeks to live. >>steve: supposed to be a magical night for high schoolers. the prom. but one senior says she was turned away at the door because of the her large chest. the dress code allows stapless gowns but when she got there school officials told her to cover up. too much cleavage. >> because i'm bigger chested and there is more cleavage that you can see. there is nothing i could really do about that. i felt self-conscious. they took the magic out of the night.

>>steve: a district spokesperson says the staff helps students come up with a solution if they don't meet dress code. >>brian: check out this incredible shot. wow. a kid on a trampoline does a back flip and sinks the shot over 60 feet away. >>steve: let's go outside. maria molina joins us with weather. maria, i'm sure you can do that. a trampoline? >>brian: steve brought his trampoline from home and his bucket from his house. we would like you do do something very similar right now and score with keith. >> minus the back flip. i will be jumping on the trampoline and making the

basket. that is because the big game is tomorrow and in case lebron needs another player, i'm ready. here we go. keith, do not lift the basket up. they were joking i'm too short. >>steve: oh my goodness! good job, maria. >>brian: come on back out. there keith, is it true? is it true? did she get it in? >> yes, she made it in. [applause] >>brian: you've gotten two views on-line with that. >> the grand total for the entire year. >>steve: do you still have a weather forecast in you? >> we have a beautiful day in store for us in new york city. we're expecting temperatures to be very pleasant, into the 70's. here in new york city we're talking a high temperatures at about 74 degrees. much hotter in texas. high temperatures into the

90's. 95 in san antonio. in man yap police, a rel -- in minneapolis, 66 degrees is going to be the high temperature. we want to get to something more serious. there is a slight chance today that we could be looking at some severe storms. parts of arkansas, oklahoma and into texas. flooding another big story. we have some videos to show you out of illinois where we have flood waters being reported out there. flooding on sections of illinois. missouri being threatened by flooding. flood warnings in effect throughout the afternoon. that total system that could be bringing in severe weather in parts of the plain could be bringing in rain along the mississippi river. not good news. otherwise, steve, brian, i need to catch some breath here. i'll keep practicing, lebron. >>steve: that's the story. >>brian: that's when you develop a game all above the rim. >>steve: now let's go to gretchen who also is outside. >>gretchen: a dunking contest later on between

maria and myself. both of us under 5'3". we hear so much about our service members coming back from war and suffering from ptsd. we're learning more about that now. but did you know that dogs could actually be the solution to helping people overcome that? i'm with susan in a charleston, the author of a book which is "the possibility dogs". >> good morning. maybe ten years ago or so you suffered your own post-traumatic situation. tell us what happened. >> i'm a search and rescue canine worker. in 2003 i witnessed something unexpected for all of us, and it had a very profound effect on me. it showed up about a year later. just a horrific thing that took me awhile to deal with. and i demonstrated symptoms of ptsd.

>>gretchen: how do dogs factor into helping those who suffer from ptsd? >> now we understand service dogs can be trained to intervene in the behaviors that manifest some post traumatic stress disorder. whether it's a panic attack or a disorientation or the fear of some sound. the dog can be trained to identify what those behaviors and responses are by sight, by sound, by sense and be trained to step in and redirect and refocus the handler. the second part shows focus on dogs who would otherwise not be adopted to help you in this mission. >> the program that i have, the possibility dogs, which is also the name of the book, we exclusively use rescues. it's tricky business. only about 1 in 30 dogs you find can do service work.

>>gretchen: why? >> it takes a whole lot of focus, commitment, drive, willingness to learn and a really deep connection to humans that allows the dog to really ignore everything else in the presence of humans. >> what makes jake one of those dogs? a mixed breed? >> he's a mixed breed. he's super connected to humans. he's very interested in learning new tasks. he's universally friendly to everyone. he's not going to be a threat if a partner goes out to a conference. this dog will be kind to every dog, human. >>gretchen: how many do you think you helped with your dogs? >> at any given time we're working with at least 10 to 15 active clients and probably counseling or supporting another 30 or 40 more. that's in any given month, two-month period. it goes on for longer than that. >>gretchen: fascinating

topic. you're helping people with ptsd and also helping dogs who would otherwise be possibly put away. check out "the possibility dogs." thanks so much for being here. and to jake as well. let's head it back inside. >>steve: i think something is going on with that left paw. >>brian: i'm going to call a member of the medical a-team. is there a member? >>steve: we'll find out. the president of ohio state caught ripping on catholics. this morning a big update on his future. >>brian: it sounds like something straight out of a movie but it's real. the government ready to use truth serum on movie massacre suspect james holmes? [ 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. and we help them find a policy that works for them. huh? also... we've been working on something very special. [ minions gasp, chuckle ] ohhh! ohhh! one day the world... no, the universe will have the pricing power they deserve. mouhahaha! mouhahaha! mouhahaha!

ooh-hee-hee-hee! blaaaah! we'll work on it. wah-hah-hah! stopping at nothing to help you save. a a look what mommy is having.

mommy's having a french fry. [ bop ] [ male announcer ] could've had a v8. 100% vegetable juice, with three of your daily vegetable servings in every little bottle.

with three of your daily vegetable servings new honey bunches of oats greek yohere we go.ole grain. honey cornflakes and chunks of greek yogurt. i'm tasting both the yogurt and the honey at the same time. i'm like digging this yogurt thing. i feel healthy. new honey bunches of oats greek. if you're suffering from constipation, miralax or metamucil may take days to work. or faster relief, try dulcolax laxative tablets. dulcolax provides gentle relief overnight unlike miralax and metamucil that can take up to 3 days. for predictable relief try dulcolax. >> quick headlines for you. ohio state university's president is out. this after he came under fire for taking shots at catholics. we learned last week that gordon gee joked about priests at notre dame saying they're only holy on

sunday. gee's retirement effective july 1. a former miss america making her second attempt to run for congress in illinois. erica harold who won the crown in 2003 will challenge rodney davis in a primary. the 33-year-old is a harvard law school graduate. a dramatic twist in the case against movie palace kerr shooter james holmes. the judge in colorado approved his not guilty by reason of insanities plea in exchange for essentially becoming a lab rat. the government wants to put him through a series of psychiatric evaluations that may include giving him truth serum just like in the movies. brian? >>brian: arthur aidala joins us. how unique is this? >> when i started preparing, a lot of stuff on the internet says we have to spend this money on

his defense. it should be clear he said i want to plead guilty to life without parole. i'm ready to go to jail for the rest of my life. we don't have to go through any of this. and that has been rejected. now he's saying his defense is guilty by reason of insanity which would mean he would be eligible for life without parole. this is all without the death penalty. in other words, this is about killing him or not killing him. >>gretchen: why didn't the prosecution just accept that? >> my hope is they spoke to the victims' families and the victims' family are adamant they want the death penalty and that's why they're doing this. it's the citizens most affected by this have made that decision. but we're going to spend a lot of money, time, effort and energy to kill him as opposed to warehouse him until the day he dies. >>brian: when he talk to your staff about this, have they found -- because you don't do any of your research directly. >> just like miss america i'm a harvard law school graduate. >>brian: do you find this

is very unique to you? >> the law in colorado is very unique. unlike the laws in new york, you want to use the insanity defense, the burden is on the defense to prove to the jurors that the defendant did not know right from wrong. a classic law school example and squeezed it. they thought they were squeezing a banana but it was a semiautomatic. in colorado it is the other way around. the burden is on the prosecutor to prove he was sane. when the burden shifts to the prosecution, the handcuffs come off the prosecutors and the judges allow much more liberal evidence. the truth serum thing is basically, it is not really a truth serum. it's somewhat like alcohol. it allows your inhibitions to drift away. there's something in the front of your mind that you're creating or you're pretending, in theory it is supposed to not be able --

you're not supposed to be able to carry out those functions of saying i'm going to pretend like i'm crazy. you're supposed to be able to not carry out the fact that you're crazy. i don't think it's like i'm making this up, i'm not really crazy. it is experts using this tool are able to analyze whether or not you are sane, you are insane. once they reach their conclusion, the defense comes in with their experts and they're going to say the prosecutor is wrong. >>brian: this is going to turn into a circus about his sanity. it is a little bit sad for me because for the families of the victims it's all going to be about him. it is going to have so little about what happened in that movie theater that day. it's going to be like what was he doing when he was 5 years old and what did he draw on this notebook? yes, he was sane at the time. death penalty. no, he was insane. life without parole. >>steve: we could reach that conclusion already? >> it is already a circus. it is sad.

there's 160 counts. a lot of people were injured and lives were altered. thousands of people's lives were altered and now we're going to listen to this clown and his name for a long time. this case won't go to trial for another year is my guess. >>steve: arthur, thank you very much. >>gretchen: coming up, talk about role reversal. if your parents need help with money, how do you start that conversation? dave ramsey is here on that one. >>steve: we showed it to you yesterday. his cymbal broke during "the star-spangled banner," and watch what he does. ♪ >>steve: the teenager who pulled off that star spangled save joins us live next from illinois. [music]

and i know the results will be fantastic. angie's list -- reviews you can trust. [ male announcer ] pain not sitting too well? burning to feel better? itching for relief? preparation h offers the most maximum strength solutions for all hemorrhoid symptoms. from the brand doctors recommend most. preparation h. don't stand for hemorrhoids.

this is the tempur-pedic innovation lab. from the brand doctors recommend most. it's like a front row seat to our latest technologies. here is where our engineers do their constant improving. we have helped over 7 million people fall in love with their tempur-pedic. and now for my favorite part of the tour. [whispers]everyone loves free samples.

♪

>> steve: what started as an embarrassing moment now an internet sensation. with the bombs bursting in air a band member's cymbal goes crashing to the floor watch this. ♪ >> steve: that's good ad libbing. joining us from illinois, we have got that kid, andrew. good morning to you. >> good morning. >> steve: what happened to your cymbal? >> the strap broke off of it. it snapped like in half and it went flying. >> steve: it went flying. and so we just saw that moment

when it went flying. in your head, you're thinking, i got to do something. what did you decide to do? >> i was deciding should i run and get another cymbal or stand? then the thought crossed my head to salute. >> steve: where did you ever get that idea? >> my family has veterans in the family and my mom always taught me to salute. >> steve: it seems like just a natural thing to do. you could have gone and gotten another cymbal though, right? >> it wouldn't have looked very good, though. yeah [ laughter ] that's funny. in the video, it does appear one of your fellow band members is busting a gut. you're trying really hard to just -- it's a solemn number. but she seems to be laughing. >> yeah. >> steve: very good. are you surprised at the reaction, because in addition to us running it, i understand

you've got 2 million youtube views on this as well. >> i think it became closer to 3 million today. >> steve: 3 million? how does that make you feel? >> pretty good. i didn't expect so many people to watch it or for it to go viral. >> steve: you got to admit, when that happened initially, because this was the opening number for your 90-minute end of school concert, you probably just wanted to run not and get another one, but to run out of the building, didn't you? >> yeah. >> steve: all right. so now going forward, you're wrapping up your eighth grade year, you're going into high school. what do you want to do when you grow up? >> probably be a doctor and pursue music for fun. >> steve: very good. music for fun. then to make money, you would do what? >> be a doctor, most likely. >> steve: but in your off hours, of course, you would be a band member of some sort.

>> uh-huh. >> steve: i don't blame you. you're very famous around the world now with your symbolic gesture there at your big concert. andrew, thank you very much for joining us live today from chicago. >> you're welcome. >> steve: good job. that's good thinking. what would you do? probably the same thing. meanwhile, four minutes before the top of the hour. breaking overnight, 20 players, perhaps about to be tossed out for performance enhancing drugs. we want to know how tempting is it to take steroids if you're an athlete? would you do it? football great, dan marino here to weigh in on that. then the price is wrong for one woman. she told her boss she was too injured to work, but she wound up on "the price is right" with drew carey? yeah, she looks fine there. she got in trouble.

♪ everybody has different investment objectives, ideas, goals, appetite for risk. you can't say 'one size fits all'. it doesn't. that's crazy.

we're all totally different. ishares core. etf building blocks for your personalized portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. thto fight chronic. osteoarthritis pain. to fight chronic low back pain. to take action. to take the next step. today, y will know you did something for your pain. cymbalta can help. cymbalta is a pain reliever fda-approved to manage chronic musculoskeletal pain. one non-narcotic pill a day, every day, can helpeduce this pain. tell your doctor right away if your mood worsens, you have unusual changes in mood or behavior or thoughts of suicide. anti-depressants can increase these in children, teens, and young adults. cymbalta inot for children under 18. people taking maois, linezolid or thioridazine or with

uncontrolled glaucoma should not take cymbalta. taking it with nsaid pain relievers, aspirin, or blood thinners may increase bleeding risk. severe liver problems, some fatal, were reported. signs include abdominal pain and yellowing skin or eyes. tell your doctor about all your medicines, including those for migraine and while on cymbalta, call right away if you have high fever, confusion and stiff muscles or serious allergic skin reactions like blisters, peeling rash, hives, or mouth sores to address possible life-threatening conditions. talk about your alcohol use, lir disease and before you reduce or stop cymbalta. dizziness or fainting may occur upon standing. take the next step. talk to your doctor. cymbalta can help.

>> gretchen: good morning, everybody. today is wednesday, june 5, 2013. i'm gretchen carlson. thanks for sharing part of your day with us today. we begin with a fox news alert. big news overnight, a baseball bombshell, major league baseball considering suspending up to 20 players for alleged doping. among them, a rod, details on the clinic that reportedly ratted them out, coming up. >> brian: wow. we first -- the first time we meet these people, they're on the enemy's list of the irs. >> i'm a born free american woman, wife, mother and citizen. telling my government that you have forgotten your place. >> brian: wow. and the case against the irs only gets more embarrassing today. like why were they learning graffiti art on your dime at the cost of millions of dollars?

>> steve: then the price is wrong for a former mail carrier. she told her boss, hey, i'm too injured to work. but apparently she's healthy enough o spin the big wheel on "the price is right." >> brian: right. they have a big wheel? >> steve: don't they all have a big wheel? >> brian: yes, they do. >> steve: big wheel keep on rolling. you're watching "fox & friends" hour two for wednesday. >> you're watching "fox & friends." that's a great way to begin your day. >> steve: they do have that big wheel. you spin it with the amounts on it. >> gretchen: you try and get a buck. not be able to leavee out. our house when we were growing up until my brother could watch it in its entirety. he was like an addict. >> brian: why is it, and please write us, why is it that "wheel of fortune," "price is right" are staples? others are burning out. why is america in love with them? >> steve: people love to play games and against the guy on the

television and think in your head, i would have just won a washer drier? >> brian: where is "beat the clock"? where is "match game"? i thought they had some legs. >> gene rayburn passed away. >> gretchen: what about "tattle tales." >> brian: what's that about. >> gretchen: bert convey. >> brian: that's the only time i got to see radar o'reilley from "mash." watch him on the daytime shows. >> gretchen: he was married? >> brian: yeah. not after that game. i have think he lost a lot. >> gretchen: which one was this with the big cards. >> steve: "card sharks." >> steve: some we only knew from game shows. palinode, bret somers.

>> brian: what about "concentration." >> gretchen: we've got to do some headlines 'cause we have a fox news alert from overnight. in the baseball business, major league baseball reportedly planning to suspend around 20 players up to 100 games for allegedly using performance enhancing drugs. that includes the yankees alex rodriguez reportedly and the brewers ryan program. four years ago a ready admitted them. the yankees say a rod isn't talking. >> our stance all along is we'll let mlb handle everything and we don't have a comment. >> gretchen: tony bosh, this guy, the founder of an anti-aging clinic, who allegedly provided the drugs, has been you should -- under investigation. he plans to name names, but won't mitigate charges for bosh. >> brian: he might be cutting a deal. >> gretchen: also new overnight

a brand-new report says leon panetta leaked classified information to the folks behind the bin laden movie, "zero dark thirty"? >> osama bin laden. >> gretchen: according to the project on government oversight, the inspector general is sitting on that report. that report reveals panetta, the c.i.a. director at the time, disclosed the top secret info at an event attended bay hollywood executive work on the movie. shocking arrest overnight. a star basketball player on the university of alabama team accused in the kidnapping of a six-year-old girl. the girl was snatched from her school in mississippi, but returned the next day. police arrested six people, including pollard's mother. cops say his mom was the ring leader in this. in a few hours, a judge in the fort hood massacre trial will rule on army major nidal malik hasan's request for yet another trial delay.

jury selection was scheduled to start today. hasan says he needs a three-month delay to prepare for his own defense. survivors outraged that he plans to argue he was defending the taliban. he told the court, quote, the leadership of the taliban was in immediate danger from troops at fort hood because the u.s. attacked and continues to attack the taliban. and from "the price is right," to paying the price. >> hello, america. welcome. good luck to the four you and everybody in the audience. >> gretchen: the luck has run out for a former mail carrier collecting workman's comp. she pleaded guilty for fraud, guilty of spinning the wheel twice on the show, even show she claims she couldn't lift meal trays. she will be sentenced in september and those are your headlines. see, i thought it was the woman who was work for "price is

right." it's the actual contestants. >> steve: somebody who said, hey, i can't come in 'cause i'm not feeling so well. i'm unable to do my job. meanwhile, yesterday for the first time we actually saw the faces of some of the people that the irs has targeted with their enemies list. up 'til now we've seen bureaucrats and congressmen talk a little bit about it. yesterday if you were watching fox, and you pretty much had to be watching fox. i didn't see it on any of the other channels live -- you heard people like tea party president garrettson talk about how they were singled out by their government. watch this. >> i'm not here as a surf or vassal. i'm not begging my lord for mercy. i'm a born free american woman, wife, mother and citizen, and i'm telling my government that you have forgotten your place. it's not your responsibility to look out for my well-being and

to monitor my speech. it's not your right to assert an agenda. the post that you occupy exists to preserve american liberty. you've sworn to perform that duty and you have faltered. >> brian: a lot of people tried to get around the big story in that these organization were applying for 501 c status and they were targeted. they tried to side track and there were two tea party groups or they were plowed under with so many applications. that is not the case, not now, and tax reform should not northbound that. that didn't stop one congressman from attacking some of these witnesses, but this time he had more than he could handle. watch. >> stop the charade of pretending that these are social welfare organizations and admit that they are political. treat them as such and play by the same rules that everybody on the committee plays for when

we're involved in politics. >> it's your kind of statements that have empowered irs agents to make determinations about which organizations qualify for the public good and which do not. [ applause ] the notion that defending traditional marriage doesn't qualify as a defense of the public good is beyond preposterous. >> gretchen: that was the a chair of the national organization for marriage. his case is a little bit different because he wasn't necessarily targeted. that organization already had the tax exempt status. but apparently he alleges that the irs was responsible for giving his donor list to a group that he technically competes with, who had different values and views than his organization, which would be a felony. so in this case, that's a little different as far as the other tea party groups that were there testifying yesterday. could be a much more serious case. there is a little double standard here, too. that member of congress was saying, well, you shouldn't get the status anyway because you're

a political organization. you shouldn't be tax exempt, except when you start look at the list on the other side of the fence where there are at least seven organizations that enjoy that kind of status and they do engage in democratic political activity. >> steve: think about this, though, gretch. we're talking about if you have 51% or more of your activities involved on the social side, then you qualify for this. but he was representing the national organization for marriage. marriage seems to be pretty social. it's not as political as some on the left would make it. let's talk about this. the irs back on the stand on thursday and they've got some explaining to do, like how did they spend $50 million over 220 conferences over a couple of years and how do you like the fact that apparently the federal government spent $17,000 to hire a guy to do a graffiti demonstration? >> brian: like sketching michael

jordan, sketching different people and try to motivate thousands of people. meanwhile, we're in economic austerity and -- you're going to tell me they couldn't bid that down? >> steve: that was for the guy who played spock in the parody. >> gretchen: money on speakers, like a happiness expert. then as we talked about a moment ago, the $17,000 on a graffiti demonstration. remember when we were discussing the gsa overspending and the guy in the bathtub in las vegas with the two drinks on the side? we said at the time corks this just be the tip of the iceberg with regard to government agencies wasting taxpayer dollars? i think this is another example, this is yet another agency that seems to be wasting money. it's not just these two agencies. >> brian: during the last four years, all we talked about is, should we raise or lower taxes? you got to raise taxes and be fair. you got to rein in government. they're offering a $40 million

and $40,000 per person for incentives to doing a good job at the irs. did anyone out there know that? did you know with these multiple conventions over the last four years? meanwhile, the president of the united states is telling private industry, if things are tight and if banks are taking bailout money, don't go to las vegas and go to hotel rooms or have big get togethers? meanwhile, look what's happening right under the president's nose in washington. >> steve: yeah. the tomorrow hearing should be very interested. it's 7:11 here in new york city. critics called her crazy when she predicted the mortgage crisis. but as it turns out, our next guest was right. she's been vindicated and says there is another crisis just around the corner and she will tell you what it is coming up next. >> gretchen: then are you one of the millions of americans looking for work? better not be white or conservative. one government agency accused of kicking them off the list? ♪

the makers of one a day believe, as i do, that everyone should have access to good nutrition. so they're donating two meals to feeding america for every purchase of one a day women's multivitamins. help families across america get nutrition they need. buy one a day women's, make a difference. 'm going to dream about that steak. i'm going to dream about that tiramisu. what a night, huh? but, um, can the test drive be over now? head back to the dealership? oh, yeah. [ malannouncer ] it's practically yours. [ wife ] sorry. [ male announcer ] but we still need your signature. volkswagen sign then drive is back. and it's never been easier to get a passat. that's the power of german engineering. get $0 down, $0 due at signing, $0 deposit,

and $0 first month's payment on any new volkswagen. visit vwdealer.com today. 14 clubs. that's what they tell us a legal golf bag can hold. and while that leaves a lite room for balls and tees, it doesn't leave room for much else. there's no room left for deadlines or conference calls. not a single pocket to hold the stress of the day, or the to-do list of tomorrow. only 14 clubs pick uthe right one and drive it right down the middle of pure michigan. your trip begins at michigan.org. icaused by acid reflux disease, relieving heartburn, relief is at hand. for many, nexium provides 24-hour heartburn relief and may be available for just $18 a month. there is risk of bone fracture and low magnesium levels. side effects may include headache, abdominal pain, and diarrhea. if you have persistent diarrhea, contact your doctor right away. other serious stomach conditions may exist. don't take nexium if you take clopidogrel. relief is at hand for just $18 a month.

talk to your doctor about nexium. how'd you d9 out of 10.iz today? 9 out of ten? that's great. ♪ nothing says, "i'm happy to see you too," like a milk-bone biscuit. ♪ say it with milk-bone. good thing she's got the citi simplicity card. it doesn't charge late fees or a penalty rate, ever. because she's got other things to stress about. ♪

go to citi.com/simplicity to apply. >> steve: she predicted the mortgage crisis a year before it happened and no one wanted to hear her say that. now she's making another major prediction. her critics are kicking and screaming. meredith whitney is the author of a great book called "fate of the states." good morning to you. >> good morning. >> steve: i remember watching

you on "60 minutes" in 2010 thinking, wait a minute. what is she smoking? bonds, municipal bonds are solid gold and yet, you were predicting? >> isn't it funny that people focused on the municipal bond part of the equation, but they didn't focus on their own issues. this is not all people. 'cause most people got the message that i was trying to convey, which is look, if we don't do something, our social services are going to erode around us and people are going to move to stronger districts with lower tax havens, better job opportunities, and the people that are going to be left behind are going to deal with absolute -- real social decay. and that's the bigger issue. it's not so much why is municipal bonds more important than pensions or more important -- >> steve: it's all part of the picture. >> yeah, but why are they more important than public safety, safe streets, good schools and what not. so this is a really big issue that i think affects people personally.

>> steve: absolutely, because if towns don't have the money coming in from taxes and whatnot, they're not going to be able to pay the teachers and cops and you know what? you were exactly right. you predicted it. something else you talk about is how there are some states in the country that are good for you financially and some are bad. the best states right now you say are texas, wyoming and indiana. >> a lot of great states. we target 17 terrific states that have been conservatively run, have low debt per capita in terms of government debt per capita and banks didn't target these areas, so consumers are in much better position than the coast. an example, in california, the average consumer debt is twice that of the average debt per capita in texas. people in texas are spending more. they're spending more because they have jobs and because they aren't run amuck in debt. >> steve: here are the three-run amuck states, california,

illinois, and new jersey where i live. >> well, new jersey and illinois have been at it for a long time in terms of underfunding their pensions and not having enough money to invest in infrastructure, social services. california really in the decade of the 2000s got hit by the dot com bust, got hit by the housing bust. clearly. now is getting hit by the fact that you're seeing net emigration from california. when people leave, there is less money to pay for social services. again, the people left behind, what am i getting? i'm paying higher taxes and getting less. >> steve: 30 seconds, what's next? >> what's next is i think that you already have businesses moving to the center of the country and i think jobs will follow. jobs clearly have been created and people will follow. >> steve: very good. check out her great new book called "fate of the states." >> thank you so much. >> steve: thank you. straight ahead, a little girl's life depends on kathleen sebelius. but the secretary says sorry,

sarah. it's not fair if i get involved. we've got a big update to a story coming up. breaking overnight, 20 baseball players perhaps about to be tossed for performance enhancing drugs? how serious is it to take steroids if you're an athlete? we're going to talk to dan marino. he's next so... [ gasps ]

these are sandra's "homemade" yummy, scrumptious bars. hmm? i just wanted you to eat more fiber. chewy, oatie, gooeyness... and fraudulence. i'm in deep, babe. you certainly are. [ male announcer ] fiber one. gotta get that bacon! bacon?! bacooon! smokey bacon, meaty bacon, tasty bacon! bacon? ohh la laa. i say, is that bacon? oh! good heavens! bacon! bacon! who wants a beggin' strip?? me! i'd get it myself but i don't have thumbs!! mmm mmm mmm mmm mmmm it's beggin!

mmm i love you... (announcer) beggin' strips...made with real bacon. there's no time like beggin' time! here's one story. my name is taho and i'm a fish guy. it's a labor of love. it's a lot of labor and it's a lot of love. s

>> gretchen: fox news alert. >> brian: i'll look that way. >> gretchen: focus on your backside, brian. >> steve: a senior white house

official saying tom donnellan is resigning as national security advisor. susan rice will get that job. what's interesting is it looked like -- remember, for a while susan rice would be the next secretary of state. but then benghazi happened and she, too many republicans disqualified her with her testimony on the five talk shows that following sunday. so now she's getting the security job, which is a big, very important job because 20 feet away from the president of the united states. >> gretchen: the other point is i don't think you need to be confirmed for that position. so that would be really important based on the facts of what were laid out earlier, that she may not have been able to get confirmation to become secretary of state after benghazi, but now is this somewhat of a slap in the face to republicans by putting her in this position because they don't need to have senate confirmation for her to be in this position? >> brian: he made controversial decisions and offered controversial advice during his

time there. a lot of people say, hey, tom, where were you during the benghazi attack? where were you on 9-11? and they saw him in that one picture. what kind of advice did he offer? at the same time, it was ambassador rice when went out there and talked about the administration and their policy at that time. so now she goes into that position. where does tom donnellan go? from favorite child to i'm gone? >> gretchen: he really has been gone for the better part of the last couple of years. we just haven't heard that much. we were doing segments about where has he been with all this national security stuff going on with regard to benghazi. >> brian: he has a position. >> gretchen: but we didn't hear from him. he wasn't out in front of many of these situations, at least they were not putting him out in front. so it is curious why he would decide to resign, wink, wink. >> steve: he is a political animal by nature and whenever something would come up, they would put the appropriate person in front of the camera and -- but he has wielded a lot of power as the national security

advisor. it will be interesting to see how much power susan rice will have. she certainly has had the ear of the president for a number of years and now going forward, she's going to be the nsa. >> brian: here is what is good, she's been dealing with the whole world through the united nations. she understands where we stand and what the problems are, especially in the case of russia. she's in the news this morning because yesterday they tried to get help for syrian refugees stuck in jordan and the russians said, i don't think so. we're not really in the business of helping out a u.s. ally in that area. if you take some of that international experience and put it next to the president, that might be very valuable. >> steve: and also you've got to think if you're susan rice, how many mornings do you get up and say to yourself, why did i let those political people talk me into going on the five talk shows saying that what happened in benghazi was because of a video, even though they knew, the administration knew, the intel people knew it was related to terrorism? oh, yeah, it was before a big election.

>> gretchen: i think today she's doing pretty good because she's getting a promotion of sorts to this big position as the new nsa chief. we're going to have a report on this coming up in a little bit. in the meantime, right around the corner is dan marino! yep. >> brian: how do you know that? >> gretchen: because i see him standing there, beautiful purple tie. >> brian: as compared to steve's you mean? >> gretchen: not at all. >> brian: oh, okay. i'm trying to clear the rivalry between you two. >> gretchen: i like your stripes. and i like dave ramsey's nontie. >> steve: dave ramsey is going to be telling us about the conversation you need to be having with your parents if you're an adult child, about their money. he's got some advice on how to start that conversation as "fox & friends" rolls on live from new york city and nashville. dan, come on over 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. lets you connect up to 25 devices on one easy to manage plan. that means your smartphone, her blackberry, his laptop, mark's smartphone but i'm still on vacation. still on the plan. nice! the intern gets a tablet? everyone's devices. his, hers-- oh, sorry. all easier to manage on the share everything plan for small business. connecting more so you can do more. that's powerful.

verizon. get the blackberry z10 for $199.99. ♪ ♪ ♪ [ male announcer ] for dad's first job as dad. nissan tests hundreds of child seats to give you a better fit and a safer trip. snug kids, only from nissan. ♪

>> gretchen: fox news alert. we learned of a huge shakeup at the white house. fox news confirming tom donilon resigning as president obama's national security advisor. now it's come to light that susan rice, the u.n. ambassador for the united states will be taking over this post. she will not need senate confirmation for that job.

>> brian: she was looking to move out. it's very rare to go two terms as the u.n. ambassador. so she's going to be moving on, taking a position that's going to put her right next to the president. so as secretary of state where she wanted to be, but she would have had a tough row t. wouldn't have been a lay-up she would get it over secretary kerry anyway who wanted the job anyway. but now she's got a key position. remember condoleeza rice started this and became secretary of state. she'll be right next to the president. >> steve: she will indeed. to many she's known as the woman who we want out on the sunday -- went out on the sunday shows and misled the nation. yep, benghazi happened all because of a video, even though the administration and the intel community and members of congress had been briefed that it was terrorism instead. >> gretchen: so one of the reports coming out right now, senior officials tell our own ed henry that tom donilon's wife just took a new job that will involve a lot of foreign travel. so he decided it was time to make a change. that will be interesting as it's

dissected over the day because a lot of people will think the resignation has interesting timing based on the fact people are asking, where has tom donilon been through a lot of these situations that have been going on, specifically benghazi. >> steve: well, speaking of timing, it is very curious timing because given the fact that all the headlines have been about the three scandals that this administration has got on its hands regarding benghazi and the irs and the rose and ap case, and now what are they doing? changing the subject. hey, tom donilon is out. we've got susan rice. we're starting over. >> brian: 28 minutes before the top of the hour. >> steve: we got a major update on a story we've been telling you about. this little girl's life depends on kathleen sebelius. but she's saying sorry, sarah. i can't intervene. >> i've asked them to take another look at it, but i think that i would defer to the scientists and to the organ experts in this instance.

>> steve: that's the best you can do? sarah's family asked sebelius to appeal to a federal organ transplant rule to keep sarah from getting a lung because sarah is only ten. she needs to be 12 to get it. sarah has cystic fibrosis. her doctors say she has only weeks to live at that hospital in philadelphia. >> gretchen: public employee relations board in the capitol being rocked by allegations it discriminated against potentially white conservative employees. that's according to the former executive director who is black. he says ann hoffman and wasserman opposed his efforts to hire qualified employees because they were white or conservative. he says he was at first reluctant to come forward. >> i was so outraged, you know. i slammed my hand on the table and told the board members they could have my resignation if that's what they wanted 'cause i wasn't going to engage in

discriminatory hiring. >> gretchen: that was andre harris. the board says it's investigating those allegations. >> brian: now another fox news alert. overnight this happened, major league baseball reportedly planning to suspend 20 players for up to 100 games for using performance-enhancing drugs. yep. this includes alex rodriguez. there is a shocker. and the brewers ryan brawn, despite his denials. four years ago, a-rod admitted using them. he says his cousin shot him up with it. the yanks say a-rod isn't talking. >> when i talk to alex, it's baseball related. that's what it is. our stance all along is we'll let mlb handle it and we don't have a comment. >> brian: bosh has been under investigation. we hear he's reached a deal to talk and to name names. we'll have a live report shortly. >> gretchen: how tempting is it in professional sports to take

performance-enhancing drugs? let's ask dan marino who we're automatically putting into the hot seat with that question. i'm sorry. >> always great to see you. >> gretchen: what do you make of this big report coming out? >> the sad part is that it's bad for baseball and it's bad for all sports because it puts a black eye on sports in general. i guess the reason why guys use this is they feel like they have to just keep up with the joneses, i guess, just to stay at a high level, whatever it is. but it's bad for baseball. >> brian: i understand it, too, in the mindset of an athlete, they'll do anything to be successful for themselves and their team. you have that mindset. then someone walks up to you and says the testing is so loose, why don't you try this? the other guys are doing this. do you understand that more for a guy that compelled like you did -- excelled like you did? >> i can understand that and that's probably why guys use it. your career is a short career sometimes for guys and they got to play at high levels as much as possible. so i could understand that. i never really was around it.

i'm sure there is guys using it when i was playing the game. but they never brought it up in front of me. >> brian: the thing is, baseball has really taken a hit 'cause they're in the most advanced testing. what about it goes to football and basketball? do we expect more mornings like this? >> i would imagine you'll have mornings like this in football, too, and all sports because it's something that people have been using. i'm an ex-football player, nfl, i do tv and i don't want to see it in football. but i'm sure it will be there. >> gretchen: we're seeing the 20 players that could be under scrutiny. it depends on tony bosh, who ran that clinic in florida, how much he's apparently going to tell them all. we're not sure if he'll mitigate criminal prosecution. >> right on the hot seat. >> brian: there is no performance-enhancing drugs in broadcasting. >> that's true. >> brian: jim kelly came into

the league with you. he came out and said i have mouth cancer. >> jaw cancer, yes. >> brian: have you had a chance to talk to him? >> i odd him and left a message. he texted me back. he's a dear friend and i feel for him and his family. he's a competitor. he's a guy -- he'll get through this and come out. everybody said say prayers for him and the people that love him and he'll be fine. >> gretchen: what about tim tebow? there has been a lot of talk. he's released from the jets. you think he's going to be picked up anywhere as a quarterback? i know mike ditka was saying maybe he could be a tight end? >> he is a football player and i think he's played college football quarterback at a very high level. he's one of the best college players of all time. as far as being an nfl quarterback, he has struggled. so you can see why teams aren't going to pick him up. but maybe -- i mentioned before, try canada for a while. >> brian: absolutely. >> then he can always come back. doug flutie did it and others. >> brian: warren moon and joe

theisman. didn't the jets destroy him? they bring him to a team that's struggling and don't team because other back up quarterbacks, he puts pressure on an organization and a starter. >> you know what? they didn't use him in the right way. they said they were going to use him and they did somewhat. when he got in there, he quite honestly, wasn't that successful. yeah. i think they did him a disservice. >> gretchen: because he did the wildcat offense and it's too hard to try and transform your entire offense? >> the nfl, i use an example of a couple years ago when he was in a playoff game against tom brady. in the first half, tom brady had five touchdown passes and tebow had five completions. big difference. >> brian: when it came to beating the steelers, he did that. >> he did. >> brian: dan, you are just as -- almost as successful as business of yours quarterback. >> i'd like to think so. i don't know. >> brian: you've done a lot for your organization for autism. that was recognized by corporate

resource services. >> yet. it's a company that enjoys business development. it's a public company. it's technology and staffings company. just excited about being involved with them. i enjoy trying to make a difference in a way where it's a company that's growing and if i can grow with that company and see they're going to be creating jobs -- the slogan is they're putting checks in the hands of americans. >> brian: you guys are recruiters? >> yep. recruiters and basically a staffing company. we got a corporate research services. >> brian: dan marino will be there making calls and getting people jobs. >> if you need one. >> brian: you never know. >> steve: i'm calling from corporate research services. really. no really. thank you for joining us. good luck. >> gretchen: what if your parents needed some money help? how do you even start that conversation? dave ramsey is going to be here to tackle that tough topic. >> brian: if i need money, i just ask dan marie mow.

>> steve: i would, too. the white house under attack. the frightening plot for one of hollywood's strangest and biggest summer blockbusters. one of the stars, actress garcel buvais joins us. >> gretchen: the aflac question of the day. this star stepped into the music scene before becoming an a list actor before star not guilty films like "-- starring in films like" boogie nights." be the first to e-mail us the correct answer oh, he's a fighter alright. since aflac is helping with his expenses while he can't work, he can focus on his recovery. he doesn't have to worry so much about his mortgage, groceries, or even gas bills. kick! kick... feel it! feel it! feel it! nice work! ♪

you got it! you got it! yes! aflac's gonna help take care of his expenses. and us...we're gonna get him back in fighting shape. ♪ [ male announcer ] see what's happening behind the scenes at ducktherapy.com. 14 clubs. that's what they tell us a legal golf bag can hold. and while that leaves a lite room for balls and tees, it doesn't leave room for much else. there's no room left for deadlines or conference calls. not a single pocket to hold the stress of the day, or the to-do list of tomorrow. only 14 clubs pick uthe right one and drive it right down the middle of pure michigan. your trip begins at michigan.org. even in stupid loud places. to prove it, we set up our call center right here... [ chirp ] all good? [ chirp ] getty up.

seriously, this is really happening! [ cellphone rings ] hello? it's a giant helicopter ma'am. [ male announcer ] get it done [ chirp ] with the ultraugged ocera torque, only from sprint direct conct. buy one get four free for your business. here to take your lettuce from drab to fab with new lean cuisine salad additions. just byol. first, thaw your dressing. next, steam your grilled chicken and veggies. then, dress it. add your crunchy toppings. and voila. enjoy.

>> gretchen: welcome back. nearly one in four young adults say they're probable lea going to have to help their parents with money down the road. while that's usually not the case, how should they handle mom or dad's debt? >> brian: dave ramsey joins us now. first off, for the record, all three of us would help you if you were ever in debt. so what should -- >> steve: he can buy and sell all of us many, many times. >> brian: i'm making the offer, steve, 'cause i know he would never need it. what do you do if mom or dad need money? voice mail? >> i feel a whole lot better based on that offer, brian. [ laughter ] >> gretchen: i'm looking at your

tips. go ahead. >> if mom and dad are struggling, you've got to sit down with them, or even if they're not struggling. if they're just disorganized, you've got to sit down and have the money talk. it's a very difficult talk. one writer calls it the powdered butt syndrome. once someone has powdered your butt, they don't want your opinion about sex or money. it's hard to talk to your parents about these kind of subjects. but you got to sit down and have a very, very direct conversation and it's not about you. it's about you loving them well and really one way they say they love you is to have a good solid estate plan, a good game plan. >> steve: sure. and unfortunately, a lot of adult children would think, i'm going to go in there and say, look, dad, you're screwing up your finances. you don't have money in the bank. you don't know what you're doing. but instead, use a dialogue like hey, i heard of a way i might be able to save you money on your cable bill. that will open the door. >> well, and even talk about the times that you messed up and

then i changed what i was doing so that i could do that. dad, if i could ever help you with that, it would be my honor to walk through this with you. you start with how you love them and this is not about you getting your stuff. even if your parents are wealthy and financially healthy, you want to make sure they don't hear you're trying to get their money. you want to have they have a plan so the family is not in turmoil when they pass. >> brian: i think that's impossible to do that smoothie. >> steve: you're going to step on some toes. >> brian: john in alabama says my parents are in their 70s and they are in $35,000 worth of debt. they refuse to sell anything in order to pay off their debt. i have six siblings and we are considering helping them pay off their debt. dave ramsey, is this a good idea? >> well, it's obviously a great idea. if you can get the pressure off of them and you guys can afford to do that, that's a very loving

and wonderful thing to do if, and only if they raise their right hand and pledge to never go back into debt. otherwise you're just giving a drunk a drink and you become an enabler. >> brian: or if they got into debt by bailing your butt out. >> steve: your powdered butt. >> brian: that's the key. >> gretchen: i'm so glad we explained what that was 'cause i got to tell you, when i saw fight powdered butt syndrome as the first tip, i had no idea how that could correlate to this. thanks for tackling this. have a great rest of the week, dave. >> thank you. good to be with you. >> steve: straight ahead on the program, the white house under attack. frightening plot for one of hollywood's biggest summer block busters. and next, one of the stars, garcelle beauvais joins us live. >> gretchen: on this day in history in 1971, "brown sugar" by the rolling stones, that was the number one song. ♪ brown sugar

♪ just like a young girl should now ♪ 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. with three of your daily vegetable servings [ dog ] we found it together.upbeat ] on a walk, walk, walk. love to walk. yeah, we found that wonderful thing. and you smiled. and threw it. and i decided i would never, ever leave it anywhere. because that wonderful, bouncy, roll-arod thing...

had made you play. and that... had made you smile. [ announcer ] beneful. play. it's good for you.

>> brian: annual to the aflac -- answer to the aflac trivia question, mark walburg. news by the numbers, 2.7 million, that's how many vehicles the government wants chrysler to recall because the fuel tanks to burst to that flames. they're an older model jeeps. grand cherokee from '93 to 2004 and the jeep liberty from 2002 to 2007. chrysler is refusing to issue the recall and says the government analysis is incomplete. game on. next, $1,000. that's how much money boston bomber dzhokhar tsarnaev says supporters have sent him. it's apparently in his bank account someone opened for him.

can you believe that? finally, 7. that's how many u.s. cities juvenile g komen is canceling their races in. many walkers dropped out after the charity tried to stop sending funds to planned parenthood last year. gretch? >> they've taken the building and holding hostages, including my daughter. >> do you have the target? >> roger that. we're holding the president in the library. >> gretchen: wow. the white house under attack in the summer blockbuster "white house down." our nux guest plays the first lady in that movie, actress gather valley beauvais and -- garcelle beauvais. that looks like high intensity. >> it is. >> gretchen: and you haven't seen the film in its entirety. >> no, i can't wait to see it. i'd rather see it at the premiere and get excited and see all of it when it's all done and finished. >> gretchen: so is it apropo for

the times? >> it really is. i think now adays, it's just scary out there in the world in terms of what can happen, what has happened, what we've lived through. so to have it in the white house is a little uncomfortable, a little scary, but, you know, roland does the blowup movies and it will be really fun. of course, jamie fox, channing tatum. >> gretchen: right, i was just looking there. >> amazing guys. >> gretchen: you play michelle obama? >> i do. it's -- yeah. i play the first lady, but she was my inspiration. i think she's elegant and intelligent, strong and it was definitely -- it definitely helped me get into the character. >> gretchen: one of the things that you've been known for is coming from a mixed race background. you came from haiti when you are seven. you moved to massachusetts. you've written a children's book about this. why was it so important for to you get that message out to kids? >> well, for me, i have two

five-year-old biracial boys and we couldn't find any books where they could sort of see themselves as the characters or relate to anything. and it was important for me to do that because i want them to be proud of what makes them them. and the book is really about celebrating who you are, the mixes that you are and being proud of your heritage really and starting a conversation between parents and kids, talking about what makes them special. and self-love really. >> gretchen: there has been some controversy about this cheerios commercial that's come out recently. there is a mixed family, a black parent and white parent and the child. i want to show a bit of a clip here. >> mom? >> yes, honey. >> dad told me cheeries is good for your heart. is that true? >> says here that cheerios has whole grain oats that can help remove cholesterol and that's heart healthy.

>> gretchen: you can see the two parents from different racial backgrounds and there is really nothing wrong with this commercial at all, but people have been posting things on youtube and such. very vile comments. your response would be? >> i am outraged myself that in the 21st century that we're even having this conversation. it's kind of crazy. first of all, seeing the commercial, she loves her father so much that she went and put cheerios on his heart. i mean, there is nothing but love there. how do you get hate from that? i think it's really unfortunate that there is still ignorance in this day and age. we should all come together, love one another and support no matter what. i find -- it makes me sad actually, especially knowing that my little kids are going to be out in the world and if they were ever encountered that much hatred, it would just devastate me. >> gretchen: what i get from that commercial is that the parents are together.

>> how about that? [ laughter ] >> gretchen: when which is a fantastic message. that seems to be one of the american problems right now. >> thank you so much. absolutely. >> gretchen: but all the more important reason why your book is so important right now. i am mixed. good luck with the movie. i look forward to seeing it. >> thank you so much. >> gretchen: thank you. a fox news alert now. security advisor president, tom donilon resigning after coming under fire over the benghazi blunder. when will take over? susan rice, the woman many believed lied to the american people about benghazi. it's a very controversial story, top of the hour. then he's not winning husband of the year award any time soon. when what should happen here? the husband goes running out of the way, leaving the bat to hit his wife. garcelle can't believe it. i can't either. right back.

( crowd clapping ) ♪ say cheese! shouldn't the photos you share from your smartphone be photos actually worth sharing? introducing the nokia lumia 928, only on verizon 4g lte. easily capture vibrant photos in near-darkness. even without the flash. sharing photos from the best low-light smartphone camera around. that's powerful.

verizon. here to take your lettuce from drab to fab with new lean cuisine salad additions. just byol. first, thaw your dressing. next, steam your grilled chicken and veggies. then, dress it. add your crunchy toppings. and voila. enjoy. to support strong bones. and the brand most recommended by... my doctor. my gynecologist. my pharmacist. citracal. citracal. [ female announcer ] you trust your doctor. doctors trust citracal. [ female announcer ] you trust your doctor. new honey bunches of oats greek yohere we go.ole grain. honey cornflakes and chunks of greek yogurt. i'm tasting both the yogurt and the honey at the same time. i'm like digging this yogurt thing. i feel healthy. new honey bunches of oats greek.

>> gretchen: good morning, everybody. today is wednesday, june 5, i'm gretchen carlson. thanks for sharing part of your day with us today. big news, after taking heat for benghazi, national security advisor to the president, tom donilon, is out and who will replace him? we already know. the woman on the right of your screen there, susan rice, the woman many believe lied to the american people about the attack on our consulate. we're live at the white house with details on this controversial breaking story moments away. >> steve: and meet the irs enemies. conservatives targeted by the tax man appear before congress. >> i'm a born free american woman, wife, mother and citizen and i'm telling my government that you've forgotten your place. >> steve: after testimony like that, three democratic congressmen essentially blamed the victims. we're going to play that for you. >> brian: if you're just waking

up, baseball bombshell, the mlb, major league baseball reportedly looking to suspend up to 20 players for doping, performance-enhancing drugs. among them, alex rodriguez. but why now? more of what could be the largest investigation in american sports history as the founder of the group that gave out the drugs is talking. "fox & friends" starts right now. >> brian: you think sports is the only thing big in the news today? >> steve: we just got a fox news alert because we have just learned of a huge shakeup in president obama's west wing. fox news confirming tom donilon is stepping down as national security advisor. peter doocy live at the white house with breaking details. peter? >> good morning. that's right. tom donilon is out and senior official is telling us it's because his wife just took a new job and he wants to step away now from the white house in a

job that has been very time consuming for the last five years, to spend more time away with his wife who is going to be taking a job that's going to send her overseas quite a bit. don lynn's replacement does not need senate confirmation. so president obama had his pick of anyone in america and he chose susan rice. the u.s. ambassador to the u.n. who very famously told five different sunday show hosts that the terrorist attack that killed four americans in benghazi, libya last year was not a preplanned, premeditated attack and that the violence at the u.s. consulate in benghazi was a reaction to a hateful on-line video. those two key points turned out to be false. but just because she repeated those talking points over and over and over and over and over doesn't mean she came up with them, which newly released e-mails reveal. when the new e-mails were released, david plouffe actually came out and said, republicans owed rice an apology for saying

she misled the country, but nobody apologized and now susan rice has a new job here at the white house. tom donilon is going to head to california for an informal u.s.-china summit that he helped set up. susan rice will not be on that trip, but she will be here at the white house in the rose garden at 2:00 o'clock today when president obama names her national security advisor. also today president obama is going to announce that her replacement as u.s. ambassador to the u.n. will be samantha power. so busy day at the white house. >> brian: this whole thing happens in july, effective in july. they say the "new york times" writes this: it's a defiant gesture to republicans who harshly criticize susan rice. so you're saying, okay. there you go. not only is she not gone, she's even closer to the power. >> steve: right, 'cause the president gets to pick the person for that particular job and he wants her. it's interesting, it was just a

week or two ago that there was an unflattering profile about tom donilon in foreign policy magazine where it described him as a sharp elbowed, inside operator, real insider in the west wing. also a domineering boss and had strained relations with all sorts of powerful people in the west wing, including the boss when it comes to the personnel there, we're talking about the chief of staff. he's out effective in july. >> gretchen: it's interesting because he's been with this administration from the beginning. i believe he was deputy national security advisor before he took over the top role. so the timing of all this is a very interesting thing. we'll continue to discuss this. we're going to go to susan rice? >> brian: yeah. here is a look back at susan rice on those five sunday shows. people thought it was an audition to be the next secretary of state. let's look back. >> best assessment we have today is that, in fact, this was not a preplanned, premeditated attack, that what happened initially was

that it was a spontaneous reaction to what had just transpired in cairo as a consequence of the video. our current assessment is that what happened in benghazi was in fact initially a spontaneous reaction to what had just transpired hours before in cairo. almost a copy cat of the demonstrations against our facility in cairo, which were prompted, of course, by the video. what our assessment is as of the present is in fact what it began, spontaneously in benghazi as a reaction to what had transpired some hours earlier in cairo. >> gretchen: at the time, i remember thinking that quite possibly she was asked to go out and do those talking points and then she might be able to become secretary of state as a result. >> steve: things we have learned since then is apparently they did ask hillary clinton to go out and appear on all five of the talk shows and she said absolutely not.

i'm not pushing those talking points. and so now susan rice, the talking points woman, is going to be the president's national security advisor, right there in the west wing. >> gretchen: another fox news alert. overnight, baseball bombshell, major league baseball planning to suspend around 20 players up to 100 games for using performance-enhancing drugs. that includes yankees alex rodriguez and the brewers ryan brawn. four years ago a-rod admitted using steroids. the yankees say he isn't talking now. >> when i talk to alex, it's baseball related. that's what it is. our stance all along is we'll let mlb handle everything and we don't really have a comment. >> gretchen: tony bosh, the founder of an anti-aging clinic in florida who allegedly provided the drugs has been under investigation. we hear he reached a deal to talk and he will name names. we'll have more on this throughout the rest of the day. new overnight also, a brand-new report says leon panetta leaked classified information to the folks behind the bin laden movie, "zero dark

thirty." >> you really believe this story? >> osama bin laden? >> yeah. what part convinced you? >> her confidence. >> gretchen: according to the project on government oversight, inspector general is sitting on a report that reveals panetta, the c.i.a. director at the time, disclosed the top secret info at an event attended by a hollywood executive working on the movie. a shocking arrest overnight. star basketball player on university of alabama team accused in the kidnapping of a six-year-old girl. that player, pollard. the girl was snatched from her school and returned the next day. police arrested six people in this case, including pollard's mother. cops say his mom was the ringleader. no word on how the player pollard is involved just yet. this baseball fan not winning husband of the year award any time soon. watch what happens during the astros game. martinez fouled the ball off, letting the bat slip from his

hands. it flies toward the couple. the man bailed out of his seat, leaving his wife to fend for herself. >> brian: someone's got to raise the kids. >> steve: ouch. look at that. >> brian: look at that. >> steve: kaboom. >> gretchen: maybe he was just going out to get her a soda. >> brian: i think that's a man not trying to get hit by a bat. >> gretchen: oh, my goodness. >> steve: let's tell but this, if you were watching the fox news channel yesterday, you saw gripping testimony from people -- everyday people involved in patriotic organizations. they simply did the audacious thing of asking the irs for 501 c 4 status which they are legally entitled to and the irs dragged them through the mud, to hell and back. listen to these people. >> i'm a born free american woman, wife, mother and citizen,

and i'm telling my government that you've forgotten your place. i'm not interested in scoring political points. i want to protect and preserve the america that i grew up in. the america that people cross oceans and risk their lives to become a part of and i'm terrified it is slipping away. thank you [ applause ] >> thank you very much. >> steve: somebody else who did speak before the -- >> steve miller summed up the irs's action as horrible customer service. would you call that horrible customer service or would you call that something else? >> i would call it a felony as the federal law calls this a felony and i would prosecute those people responsible. >> the american people are being led to believe you guys are big muscles of political strength. could you tell us roughly what your annual budget is? >> our annual budget is in the

negative. >> oh, oh are you a democratic organization? [ laughter ] >> steve: there you had aaron shock, republican congressman from illinois, and he brought up a good point at one time. it's like, okay, under the way the laws are written, you've got to be a majority social program to qualify for this, but then he pointed out, you know what organization is trying to qualify for 501 c 4 status? organizing for america, extraordinarily enough. do you think they've got a political ageneral at that? remember once upon a time, it was obama for america. but now it has morphed into this to push the president's agenda. is that political? you bet you. you think the irs is going to grant it to them? probably. >> brian: one man says in his case, he was on yesterday, his leadership committee where he teaches conservative values to young teens, he said they were pressuring me to give up my list. he says, i'm not going to give up the list of 18-year-olds who happened to sign up for my

course, for my 5501 c 4 -- 501 c 4 and watched as people pledge to do donate, watched them evaporate. because when they couldn't get that status. the 30,000 disappears. the momentum is gone and the organization is flat. 28 minimum have just decided it is not worth it. i quit. >> gretchen: we questioned why was the tea party losing its steam in 2010? when you don't have 500 organizations that are able to form, it could be part of it. and also i think this intimidation is far reaching and the impacts are not yet over because i've talked to some people who want to give money to the tea party, but they don't want their name associated with it 'cause they're nervous that the irs will still target them now. you know what? it could be all just their fault for having those political beliefs. here is one congressman who believes that. >> let's stop this charade of pretending that these are social

welfare organizations and admit that they are political, treat them as such and play by the same rules that everybody on the committee plays for when we're involved in politics. >> it's your kind of statements that have empowered irs agents to make determinations about which organizations qualify for the public good and which do not. [ applause ] the notion that defending traditional marriage doesn't qualify as a defense of the public good is beyond preposterous. >> steve: exactly right. since when is talking about marriage not something social? marriage political? maybe to some. is it social? to most. so that's why they applied for that status. then of course, famously, his donor list somehow got out and next thing you know, the people who had donated were intimidated and humiliated. >> brian: fox news.com has an interesting exchange with paul ryan and congressman

mcdermott. coming up, not only is he still getting paid, nidal malik hasan will get to question the very victims he's accused of shooting. one of those victims joins us live. >> gretchen: and the president of ohio state caught ripping catholics. this morning there is a big update on his future ♪ (alarm clock buzzer) ♪ (announcer) friskies. now serving breakfast.

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. ♪ 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.

>> steve: not only is he accused fort hood shooter nidal malik hasan still collecting his salary to the tune of $278,000, while behind bars, now he wants to represent himself in court and that means he will be able to question the victims who he tried to kill but didn't. one of them is staff sergeant alonzo lunsford who joins us from raleigh. good morning to you. >> good morning. >> steve: this is an insult. >> it is. it's an insult. takes a slap -- it's a slap in the face and disgrace to our standard of living here in the united states. >> steve: so what the government is giving him is the opportunity for guys like you who he tried to kill but didn't, now he's going to be able to harass you legally in court. >> absolutely.

and along with that, he's going to have access to our addresses and where we live. >> steve: how do you feel about this? >> i'm very upset about it. i mean, i understand our system of government. i understand our legal system. but there again, you have to look at the how and the why. this man is not going where he's trying to prove himself innocent because it's obvious where he said that he is doing this because he was defending others and then yesterday he came out and said that he was -- who he was defending was basically the taliban. so now he is admitting he's a terrorist. so that being the case, he has a motive and i feel he's going to use the trial as a platform to rally other jihaddists. he's going to use it as a platform to make a mockery of our justice system and make a mockery of our standard of living and our system of

government. >> steve: you know what? you could be exactly right. i understand -- we should point out you were shot seven times by this guy. >> yes. >> steve: terrorist. he's a terrorist. even though the government regards this as workplace violence, incredibly. you told one of our producers you think mr. hasan is going to take advantage of us with ptsd. and he's going to be playing some mind games out there in court as well. would you explain that? >> yes. major hasan is an army psychiatrist and his job, he is supposed to provide care for service members that suffered from post talksic stress disorder and other mental stressors from combat. so what he's going to do the day of the trial, he's going to speak to us in terms where he's going to try to aggravate those triggers to get us to react in a negative manner, hopefully in his mind, that one of us would physically assault him and

therefore, eventually take him out where he ends up being a martyr. >> steve: yeah. he's going to ask you some questions and when you answer, you could say, well, mr. hasan, shortly after you yelled alu akbar and then tried to kill me, and then answer your question. >> absolutely. then in his world, they have a saying where they say a word that means it's god's will. so it's going to be, in our mind, god's will for him to receive the death penalty, it's going to be god's will for him to die. the only problem is that we put people to death in a humane manner. now he wants to follow his religion, then we were to put him to death according to islamic law, then he would die by stoning. >> steve: staff sergeant, thank you for joining us. >> you're welcome. >> steve: what a story. straight ahead, her neighbors

are stunned. her friends shocked. a mom living with her daughter in an exclusive town living a double life. she ran a $3 million pot empire. that story coming up 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.

of all t the placess i wawanted to vivisit. i'm m still not t going to make e it to marsrs, i cacan affd to crossss more t thins off my lisi. thisis year alonone, we wenent to the t top of t the statuee of libiberty... and ststill sasaved enoughgh to go o to texas

to a a real dude ranchch. hotwirire checks the compmpetition's s rates everery day so t they can guguarantee their r low priceses. so we got our four-s-star hotels for hahalf price.. next up p -- hollywowood. -o-t-w-w-i-r-e... . ♪ ♪ hotwire.c.com sasave big on n 5 a daday.

>> steve: some quick headlines. ohio state university's president out after coming under fire for taking jabs at catholics. gordon gee joked about the president's at notre dame saying they're only holy on sundays. his retirement effective july 1. and the mom living with her daughter in an exclusive town living a double life. she apparently ran a $3 million pot empire. cops say she would drive her mercedes from her home in scarsdale, new york to check on her pot crops in a warehouse in

queens, new york. she is now facing ten years in the slammer. good luck. >> gretchen: he's famous for playing preparey mcdonough in "pretty in pink." now fans can accompany him on a soul searching journey around the world. it's in his new memoir. it's coming out in paperback now, right? because you were here when it originally came out. and now it's in paperback. >> yeah. it came out this week. >> steve: people are looking for a book to take to the beach this summer. >> well, this is it. >> steve: it talks all about -- we know you and love you as an actor. but you really love traveling. >> yeah. about ten years ago again, a second sort of shadow career as a travel writer. and travel changed my life and became this sort of passion of mine and turned into this weird side career. and then the book grew out of it. >> gretchen: you also found a lot of your answers to your own personal questions through travel, right? >> yeah.

>> gretchen: it's a loaded question, 'cause you went through a lot. >> some people chat with the girls over coffee. i travel. i was with a woman who is now my wife and we had a wonderful life, a child and home, and yet i couldn't bring myself to quite get married. so i tried to solve that issue by traveling. basically i love you. i'm going to go away from you to figure out how to come home to you. so it's wrangling how you have -- how do we have ourselves and yet how do we have our intimacy with people we love? >> steve: looks like you're in ireland. i've been on that cliff. >> yeah. that was ireland. >> steve: how many pictures -- okay. so now you do work for national geographic traveler. are you that little spot right there? >> i am that spot there. that's down in patagonya. the back lot. down in southern argentina. >> gretchen: i believe this is going to be -- >> that was up in kilimanjaro.

that's part of the book. >> steve: all the way up? >> yeah. >> gretchen: where weather did you recently come back from? >> i was in india most recently. i was in calcutta and another city. >> steve: apparently you don't have hair and make-up on these shoots. >> gretchen: he looks fantastic. >> that was in patagonia as well. >> gretchen: why did you go to india? >> i was doing a story for a magazine, looking for the perfect cup of tea. >> steve: it's a marigold hotel. >> yeah, that's where i found it. >> gretchen: where have you not been that you want to go? >> i love to go lots of places. i'd like to go to burma before it opens up too much and mcdonald's gets there. i'd like to go to butan. i'm game to go anywhere. i find the world fascinating. >> steve: you come up with a list and then do you call the people in washington, national geographic, hey, how do you feel about springing for this trip? >> yeah. it doesn't quite work that way.

yeah. i'm game, though. i'm interested to go anywhere. i think people are fascinating and the world is a big wide place and we should get out into it more. >> gretchen: so to take that just a step further, what can people get from reading your book? >> the book is not a travel book really. it's sort of an internal journey that plays out externally. i think the book ultimately is really about sort of how do i have me and have us? you know what i mean? they happen to play out in these cool locales. guys who read the book say, dude, that's me. my wife approaches the world from, i need to have us so that i can have me. i approach the world from i need me and then i can come to us. you know what i mean? it's wrangleing that personal connection. >> steve: that's why you call it the longest way home. it's out in paperback. check it out if you're looking for a beach book. you can download it right now. push a button, boom. >> seconds. >> steve: thank you very much. >> gretchen: good to see you. coming up, it sounds like something straight out of a

movie, but it's real. the government ready to use truth serum on movie massacre shooter james holmes. how would that actually work? >> steve: and the next season of "dancing with the stars" facing major changes. we have the scoop on the details. host brook burke is going to join us live on the curvy couch . ...and a great deal. thanks to dad. (gasp) nope. aw! guys! grrrr let's leave the deals to hotels.com. (nice bear!) ooo! that one! nice! got it! oh my gosh this is so cool! awesome! perfect! yep, and no angry bears.

the perfect place is on sale now. up to 30% off. only at hotels.com and didn't know where to start. used a contractor before at angie's list, you'll find reviews on everything from home repair to healthcare written by people just like you. no company can pay to be on angie's list, so you can trust what you're reading. angie's list is like having thousands of close neighbors where i can go ask for personal recommendations. that's the idea. before you have any work done, check angie's list. from roofers to plumbers to dentists and more,

angie's list -- reviews you can trust. i love you, angie. sorry, honey.

>> gretchen: final half hour this morning, gets let to your headlines. fox news confirming a huge national security shakeup at the white house. tom donilon stepping down as national security advisor. he held that post since 2010. we've also learned president obama plans to replace don lynn with susan rice. it's already being criticized as a defiant move to republicans since no senate confirmation is needed. rice went on those five different sunday talk shows after the benghazi, libya terrorist attack and falsely blamed a video for those attack attacks. >> brian: case against james holmes, the judge approved his not guilty by reason of insanity plea in exchange for essentially becoming a lab rat. the government wants to put him through a series of psychiatric evaluations that may include

truth serum. >> it's somewhat like alcohol. it allows your inhibitions to drift away and there is something in the front of your mind that you're creating or you're pretending in theory, you're not supposed to be able to carry out those functions of saying, yeah, i want to pretend like i'm crazy. >> brian: that was author aidala. it's the state's burden to prove he was sane and therefore, taxpayer also pick up the cost for those evaluations. the status hearing set for august 2. >> steve: a major update on a major we've been telling you about. this little girl's life depends on health and human services secretary kathleen sebelius, but she wants nothing to do with it, the cabinet secretary. ten-year-old sarah has been denied a lung because the age cutoff is 12. she's only ten. she has cystic fibrosis and is said by her doctors only to have weeks to live. her family asked sebelius to appeal a federal organ transplant rule.

but the secretary says sorry, sarah. i can't intervene for everybody. >> i can ask that the policy be reviewed. as a committee, again, goes through a process which includes public comment. but as you can imagine, i can't imagine anything worse than one individual getting to pick who lives and who dies. >> steve: she's right about that. but is that all they can do? she also added that there are also more patients than organs currently available. >> gretchen: her prom night turned into a nightmare. school officials in washington state told a teen to cover up her cleavage or go home. they said it violated the school dress code. the code does allow for strapless dresses, but cleavage and midriffs have to be covered. she was so embarrassed, she we want home after an hour. she says she single out bigger girls like herself. >> i feel that it is because i'm bigger chested and there is more cleavage that you can see and

there is nothing i could really do about that. i felt self-conscious and they took the magic out of the night. >> gretchen: brittany went all the way to canada to find the perfect dress. her parents asking the school for a public apology. >> brian: meanwhile, major league baseball reportedly planning to suspend 20 players up to 100 games for using performance-enhancing drugs. that includes yankees third baseman when he's healthy, alex rodriguez and former national league mvp ryan brawn. dan marino weighed in on the temptation. >> the sad part is that it's bad for baseball and it's bad for all sports because it puts a black eye on sports in general. i guess the reason why guys use it is they feel like they have to just keep up with the joneses, i guess, just to stay at a high level, whatever it is. but it's bad for baseball. >> brian: there are reports tony bosh, the founder of the clinic that allegedly provided the drugs reached a deal to name names and provide paperwork to

avoid charges. the big question will be now, will the players union fight for those guys accused? meanwhile, the ravens will be all the rage at the white house today. ray lewis, joe flacco and company will be honored for winning the super bowl. they beat the 49ers. the ravens will present president obama with a jersey. it gets underway just right after 12:00 o'clock this afternoon. and r and b singer miguel hulk hogan. i don't want to read that story. >> gretchen: go for it. >> brian: should i try it now? r and b singer miguel's leg dropped at the billboard awards. >> gretchen: what? oh, the leg drop. the singer did this leg drop. remember, went on the head of somebody? >> brian: i remember. miguel was his name. okay. there you go. the unlucky fan whose head was on the receiving end may be suffering from brain damage. reports the 27-year-old woman is awaiting test results before

deciding whether she'll move forward with a lawsuit against the singer and the show's producers. she was hit hard. >> gretchen: the worst part was they pretended like it didn't happen during the show. they like whisked her away with the ems. >> brian: coming up on radio in about 22 minutes, chris kyle's widow will join us. we'll do a simulcast. >> steve: joining us right now from outside our world headquarters, maria molina with a look ahead. it's our friends weather and you've got a bunch of friends behind you. >> that's right a. pretty good crowd here today. it's a little chilly for new york city standards, especially for the month of june. but it will be warming up. we're expecting a lot of sunshine and temperatures heating up into the 70s. i want to mention, i'm actually not going to be here tomorrow or on friday. it's actually my little brother's high school graduation coming up. i'm very excited, very proud of him and have a picture.

that's my brother, myself and my mother. that's where they do horse racing. that's us at the miami heat. i look kind of dorky there, but it's okay. then that's my brother and i, a little candid shot walking along the beach. >> steve: you can write off the vacation there. >> yeah. i'm excited to see them. congrats little pro. way to go. i want to give you the weather forecast. beautiful day in new york city. 70s over here. 66 for your high temperature. in minneapolis, very cool tore june. 90s across texas. 100 in el paso. slight chance for some severe storms today across parts of the plains, damaging winds, large hail. flood threat across parts of the mississippi river and i want to mention the national hurricane center has upgraded the threat here with this area of showers and thunderstorms across the gulf of mexico, 50% chance now of this system developing into a tropical cyclone or some form of hybrid system. we'll keep an eye on it.

hopefully it doesn't bring a lot of rain across south florida where i'll be heading. >> brian: congratulations to your brother. >> steve: great accomplishment. meanwhile, the next season of "dancing with the stars" facing major changes and we have the scoop from the host, brook burke char say joining us live this morning of the good morning. >> how are you? >> steve: doing okay. some shakeups on your show. possibility of another judge? >> we don't know. i wish i had the scoop. all we know is we're going from two nights a week, to monday night only, which should be an amazing night in television. elimination, performances. but that's a big change for us. >> steve: we showed the judges. do they have deals yet? >> i don't know. i don't know if they've gotten the official pickup. i haven't gotten my official pickup. >> brian: they better. >> yeah, right. >> brian: they can't have a show without you. >> thank you. >> gretchen: how will it work with one night? will the results -- they can't be known that night.

>> we're trying figure it out. so i don't know. >> brian: "american idol" is condensing as well. >> i heard that also. it makes some sense. it will be one action packed evening off the performances and elimination. but i don't know how they coo it. >> gretchen: i think people still love to watch because the whole concept of the people who have no idea how to dance and who is going to end up being the best. it's still a popular show. >> it's good family fun. it's a good family show. and so amazing to see somebody out of their comfort zone do something they've never done before and do it really well. kellie pickler, come on. >> brian: fantastic. >> steve: who is pawing up my leg? >> this is drex. he was a homeless cat, but he's fortunate enough nona o have a -- now to have a loving family. we're kick off purina cat chow, celebrating their 50th anniversary, raising funds, giving to 50 shelters across the united states. they're giving up to $225,000 for improvements. they're trying to create a

better experience for hopeful adopters and the cats. and the public can go on-line and vote for their favorite cat shelter in their area. purina is matching that with one dollar for every vote. free to the public. there is too many homeless cats. this little guy was a rescue cat. >> gretchen: beautiful eyes. >> isn't he sweet? he's touring around with me today. i'm going to atlanta tomorrow and we're doing some improve ams. going to fix up a shelter in atlanta to try to create a better environment. >> gretchen: you're a cat lover. you just got two little ones? >> i've had them for several years. but they were rescue cats. they're great pets, great family pets. >> brian: i think when you rescue an animal, they somehow realize it. >> i hope so. >> brian: this cat must realize he's on national television. >> who knew he would be famous. he lucked out. >> steve: back when i was in my 20s, i rescued a cat, named jim g. gordon kitty. he was a good cat for ten years.

>> brian: you also fought crime at that period in your life? >> steve: i was a caped crusade er. >> gretchen: brook, we look forward to seeing you on "dancing with the stars." >> thank you. i look forward to it. good to see you. >> brian: to find out more, go to our web site and find out all about that campaign. >> thanks. >> steve: indeed. we're following a fox news alert. tom donilon stepping down as the president's national security advisor. susan rice going to take his job. the woman who many say lied about that attack in benghazi. peter johnson, jr. on this breaking story when we come back ♪

♪ chances are, you're not made of money, so don't overpay for boat insurance.

geico, see how much you could save.

bacon?! bacon? bacon! who wants a begginstrip? meee! i'd get it myself but i don't have thumbs! yum, yum, yum, yum, yum... it's bacon!!! mmmmm...i love you. i love bacon. i love you. [ male announcer ] there's no time like beggin' time.

>> brian: breaking news, a huge shakeup for most people following the white house. crucial job switch. tom donilon stepping down as national security advisor. he was criticized following september's 9-11 attacks on benghazi. when no one seemed to know where he was, although he's depicted in that picture. ice replacement -- his replacement, ambassador susan rice. u.n. ambassador. here to weigh in, peter johnson, jr. the "new york times" says that this could be a statement to republicans by putting rice in a place in which she does not have to be confirmed and saying we're

doubling down on the significance of her position. >> sure, it's a statement to the country. the president is saying i don't need senate confirmation. i have confidence in susan rice. i have confidence in what she did and what she said and i am doubling down on it. she's qualified and capable to be my national security advisor. and she will follow in the footsteps of people like general jones and george bundy and henry kissinger and colin powell. people's names that we know in american history. it's a critical, critical appointment in terms of our national security. mr. don lynn came under tremendous attack, including attacks from our contributor, pat goodell, who called him the leaker in chief, who said he was responsible for the leaks and almost an entire book detailing america's cyber war against iran to stop the nuclear threat there. so he's been kind of toxic and poison over the last year at least and then came under attack saying where were you, mr. don

donte andry -- done lin >> brian: you could say something gone wrong with benghazi and the way it was handled with the president was and how he responded and you can't say tom donilon is out because of the investigation because the person they put in to his spot is right in the middle -- >> i don't know about that at this point. there is a federal investigation under attorney general holder going on in terms of leaks in the white house. we know what the attorney general did to james rosen and to fox news, but at the same time, they are in fact looking at leaks in washington, perhaps including the white house, and perhaps including the leaks involving the sanger book from the "new york times." >> brian: right. with it, the message they're saying about why don lynn is leaving, his wife got a new job. >> not true. >> brian: peter johnson, jr., quick changes with the times as news breaks. always great to have you.

11 minutes before the top of the hour. we've seen him do his fair share of crazy stunts. nick wallenda. he has a new book and will talk about staying balanced. but first checking in with martha mccallum. you can't rattle that woman's cage. hi, martha. >> hello, brian. we'll see you later. it's the big story obviously. susan rice will take over as the country's national security advisor. big news. we'll dig into that west wing move. what it really all means. great guests on that. and senator rand paul is here. he says the president has lost moral authority to lead. but his polls are holding up for the president. so we're going to get behind that as well. bill and i will see you at the top of the hour what makes your family smile? backflips and cartwheels. love, warmth. here, try this. backflips and camm, ok!s. ching! i like the fact that there's lots of different tastes going on. mmmm! breakfast i'm very impressed. this is a great cereal! honey bunches of oats. i hear you crunching.

twenty-five thousand mornings, give or take, is all we humans get. we spend them on treadmills. we spend them in traffic. and if we get lucky, really lucky, it dawns on us to go spend them in a world where a simple sunrise can still be magic. twenty-five thousand mornings. make sure some of them are pure michigan. your trip begins at michigan.org.

♪ >> gretchen: he's looking at his next mission, his death defying stunts shocked the world, including his tight rope walk hundreds of feet above niagara falls. he's putting himself on the line again. joining me, the author of a new memoir, nick wallenda, good morning to you. >> good morning. >> gretchen: apropo name for your book. your next feat will be the grand canyon. >> that's correct. live on the discovery channel at 8:00 p.m. >> gretchen: you say that you do not want your kids to follow in your foot steps, although you are seven generations of doing these feats. how did you fall into this? >> i started walking the wire at the age of two in my parents' backyard. and now my kids all walk the wire actually. but my parents let me perform. i loved to perform, loved to be in front of an audience. i think i got that itch and couldn't give it up. any live entertainer will tell

you, it's something you always want to do. >> gretchen: how do you practice for this? >> well, i actually train close to the ground. i'll put up a cable about the same distance, 1400 feet long at my home in florida. we'll put up the cable and we'll recreate winds. we'll take have air drafts. >> gretchen: you use the balancing pole only two feet above as well? >> yes. >> gretchen: you talk about how faith has been a huge part of your life. i see the cross around your neck today. >> it is. >> gretchen: how important has it been in your job of doing this type of thing? >> i think it's important to know where you're going if you die. what i do is very, very dangerous. i definitely know the answer to that in my heart. >> gretchen: what does a reader get out of the book? >> hopefully inspiration. i hope it inspires them to overcome challenges in life and it talks about all of my challenges and the fact that i am human.

i may do things that seem subhuman, but it talks by problem, my issues, marriage, family, raising kids, the balance between my ego and the job that i do. and i hope it inspires people that no matter what their dreams are, they are quite achievable as long as you focus on them and live by the three words that i live by, which are never give up. >> gretchen: where does your family go when do you one of these walks? >> they watch. they're usually at the finish point. i'll give them a hug and kiss. i'll go to the other side and say i'll see new a few minutes and meet them on the other side. >> gretchen: they have strong guts. check out this great memoir by nick wallenda. good luck on the 23rd. >> thank you. >> gretchen: we'll be right back. "fox & friends," three minutes away [ male announcer ] this is the age of knowing what you're made of.

why let erectile dysfunction get in your way? talk to your doctor about viagra. ask if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. this is the age of taking action. viagra. talk to your doctor.

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.

>> brian: three hours worth of it. >> steve: i know. tomorrow, johnny cash's son, john carter cash joins us live and we hope you do, too. >> gretchen: nick wallenda in the after the show show. have a great day, everyone. bill: big morning a fox news alert. good morning. she is the face of the benghazi scandal. fox news confirming that susan rice, the u.s. ambassador to the u.n., will be prometed. she will be president obama's new national security advisor. she will work in the west wing. no senate confirmation needed. good morning, news happening right now. this is "america's newsroom." i'm bill hemmer. martha: good morning. i'm martha maccallum. the news is already drawing fire from the right. the position doesn't require any senate confirmation here. some say could be construed as a poke in the eye to republicans where susan rice is concerned. bill: she will replace tom done