♪ >> steve: more with eddie money in the after the show show. foreigner joins us next week. >> brian: right. what are you singing? >> we're going to do a song called "i think i'm in love." >> gretchen: have a great weekend! >> steve: so long, everybody. bill: guy sound better with age, doesn't he. welcome, fox news alert. there is yet another spying bombshell from the government. the in. sa is not only collected your phone call data but following every move you make on the internet. every click. good morning, everybody. you thought google was good. imagine what your government can do. i'm bill hemmer the well come a friday edition of "america's newsroom.". martha: i'm martha maccallum. leaked documents show that the national security agency, known as the nsa is linked into the servers of your favorite web sites. look at this. we're talking about facebook, google, yahoo!, aol, microsoft, apple, pal talk. fox news confirmed the program started in 2007,

tracking data e-mails, video, pictures, web searches, all of that. bill: the director of national intelligence calls the leak reprehensible saying it could cause harm to our nation's intelligence gathering. san jose, california where the president wakes up there this morning. is this the story the administration welcomes given a series of other scandals that have been so public, ed? >> reporter: well the problem for them right now, bill, is that this adds on, piles on a series of other government overreaches from the james rosen case, other media leak investigations, the irs scandal, abuse of power there. so this piles on and pulls the president away from his message this morning in san jose about his health care reform law. but on the other hand, as you note, it can help the administration say, wait a second, this was started under the bush administration. this is not essentially their program. they're continuing what the republicans did. wait a second, republican james sensenbrenner says he

was one of architects of the patriot act, the intent of the law was to target specifically terrorists not to have a wide sweep on internet and phone records that could go average americans. here is congressman sensenbrenner. >> i would see nothing wrong with targeting the phone records of somebody who is suspected of terrorism. but everybody who either either sent or received a call from a verizon phone and maybe the other phone, cell phone providers, that was never the intent of the business records section. >> reporter: now sensenbrenner also notes that some of these key provisions of the patriot act will be expiring soon. so this whole fiery debate right now that is going on around the country, according to sensenbrenner might lead to them making reforms to the patriot act that maybe reins in the president's power. bill: this story was not out there a few hours, "politico", website out of washington, already had a story on the website the

white house welcomes this debate on privacy. what is the defense over this story, ed? >> reporter: how they're trying to defend it is, number one, they say they went to, so-called fisa court to get specific permission to move forward on some of this. so there's some oversight there according to the administration. number two they say key lawmakers on capitol hill are read in on the program. they're claim there is oversight here. finally as we talked at the top, they're pointing out this is something started under the bush administration. they're surprised in the white house there is shock, shock, shock, this is going on. listen to senate majority leader harry reid. >> right now i think we should, everyone should just calm down and understand this isn't anything that is brand new. it has been going on for some seven years and we've tried often to try to make it better and will will continue to do that. >> reporter: true the program started seven years ago, remember around that time leading up to the 2008

presidential campaign then senator barack obama was really hitting the bush administration hard on executive power. saying a lot of this needed to be reined in. a second point i will make after the event in san jose, the president is going to palm springs to meet with the chinese president. at top of the agenda was supposed to pressure china over some of the cyber attacks. backdrop of the meetings with the china's president will be the u.s.'s own surveillance programs, bill. bill: ed mentioned this, wisconsin congressman james sensenbrenner. we'll talk to him live. we'll tell you why he thinks, quote, this is really big deal. and why he says this is never what the patriot act intended. we'll talk to him live in our washington bureau coming up in a couple minutes. martha: attorney general eric holder answering questions under oath at a previously scheduled hearing. mark kirk asking the ag who else the government is listening to? >> when government bureaucrats are sloppy they're usually really

sloppy. i want to ask, could you assure to us no phones inside the capitol were monitored, members of congress, that would give a future executive branch if they started pulling this kind of thing up, would give them unique leverage over the ledge? >> with all due respect, senator, i don't think this is an appropriate setting for me to discuss that issue. i would be more than glad to come back in a, in an appropriate setting to discuss the issues that you have raised. in this open forum, -- >> i would interrupt you and say the correct answer would be no, we stayed within our lane and i'm assuring you we did not spy on members of congress. martha: interesting in light of all this, right? mr. holder went on to say, there is quote, no intention to do anything of that nature to congress or members of the supreme court. bill: we have heard from three internet companies involved in this surveillance program. they're reacting now saying the privatesy of their users is their top priority.

microsoft, facebook, google, claiming they complied with orders for a specific request about specific accounts on individuals. google specifically saying, quote, we do not have a back-door policy for government access to private data, end quote. martha: all of this brings attention to the nsa's desert spy center which we have looked at very closely at fox. a brand new, heavily secured intel facility. it is near salt lake. look at the size of that place. many believe that this is where the agency is storing all of this data, literally billions of surveillance records, that may be gathered from the companies that we've been talking about here this morning. the utah data center can hold up to five zetta bytes, you know what those are? that is a lot. catherine herridge breaks down exactly what we're talking about. >> reporter: one iphone 5 has 16 gigabytes of storage. one terabyte would be 62 iphones.

stacked that would be 19 inches high. one pet byte would be 62,000 iphones which would reach higher than the empire state building. the next would be 62 million iphones, reaching higher than the international space station. one zetta byte, would be 62 million iphones. stacked they would reach past the move. if it has five zetta bytes the data center could story any every i maing cell phone call, google search and every video in america for a very long time. martha: wow! cat lynn will have much more on "special report" tonight when she joins bret baier at p.m. eastern. bill: keep in mind that facility opens for business in the fall of this year, october of 2013. meanwhile lawmakers tearing into the irs over its lavish conference spending. $60 million of your taxpayer money spent between 2010 and

2012 while the economy was having a tough time. south carolina congressman trey gowdy getting emotional for all the people furloughed as irs workers lived it up on the taxpayer's dime in california. >> very same year that the irs was conferencing in anaheim, we were furloughing law enforcementfficers. we were furloughing teachers. secretaries in my own office were furloughed. those are secretaries who struggle to make ends meet under the best of circumstances. and one night, one of my secretaries came in after hours and asked if she could borrow the money to buy her child a birthday present. and she kept apologizing for having to do it. she kept saying i will pay you back. i will pay you back. and at exactly the same time

that young government employee, single mom, was borrowing money for a child's birthday present, other government employees were staying in $3500 a night rooms. bill: that hearing yesterday was truly gripping. you're going to get a bit more later this morning on that. at the same time the irs was targeting conservative groups for extra scrutiny when they applied for tax-exempt status. we'll hear from one of the people representing those groups who calls the mishandling of all these taxpayer dollars, inexcusable. we'll ask him if he believes the irs will be forced to change its ways because of it. martha: all right. fox news alert on the monthly jobs report that just came out. the labor department says the unemployment rate ticked up to 7.6% in the month of may. now most people, mostly because people were looking to start work again, so that is why you see a little bit of an uptick in that number.

employers added just 175,000 jobs to the payroll number in may. that is less than the hiring that took place in the fall and in the winter. it is slightly higher than economists were expecting at 170,000 to that number b joining me now fox business network's charles payne. good morning. good to have you here. >> thanks a lot. martha: how do you like this number? >> all things considered when you just laid out it is better than expected but in the grant scheme of things none of us should really like the number. it is extraordinarily meet owe kerr what we've gotten in the past. the way we have come out of recessions in the past we had some amazing robust times going all the way back to reagan, where one month we had one million jobs created in a single month. for us to still be well under 200,000 is really disheartening. the good news a lot of people thought it could have been worse. martha: wow! i want to go back to what you just said. during the reagan recovery there is with a single month period where we added a million jobs?

>> yeah. one single month, a million, by the way we had a whole lot less people too. martha: right. >> here is interesting comparison as well. participation rate, people getting involved in the job market, which by the way 400,000 people came back into the job market. i think that is positive sign. martha: good thing. >> but 63.4. it has been under 64 for several months. go back to '78, '79 the last time this happened. when ronald reagan came in there was malaise. jimmy carter admitted as much. people started to come back to the workforce. we started to create jobs. even though it made the unemployment rate tick higher we want to see that continue. martha: 30 seconds, charles, what is the outlook over the next several months in terms where we're headed in the economy? >> i have to be quite frank, without any pro-business policies we have to become accustomed to this for a long time. we celebrated mediocrity. that is what we'll continue to get if we're lucky. martha: wow, 175,000 jobs added. at one point in our history we had the a million in one month.

unbelievable thing to take away in that discussion. charles, thank you so much. >> see you later. bill: april was revised lower too. so we'll see what happens to may when we get to the end of june. just getting rolling here on a friday. everyone is outraged over the nsa spying scandal. a large number of lawmakers. republicans and democrats defending the government's effortings like here. >> i know that people are trying to get to us and it's the to ferret it out before this happens. it is called protecting americans. bill: is she right? is government spying necessary because of the world we live in? we'll talk to one of the men who led the nation through one. worst, well the worst terrorist attack in our country. former new york mayor rudy giuliani is live in our studio. martha: look forward to hear what he has to say. ♪ . come on now ♪. martha: that is the keep it shuffle. get it going. the irs getting an earful after employees are caught dancing having a good time on the taxpayer dime all on

the american economy is suffering. are we at a sea change moment? will this blow wide open some of these issues? we'll be right back. >> i live in a block where most people don't even make $50,000 a year but yet still we can produce a video that has no redeeming value, none! and spend taxpayer's hard-earned dollars for that. and then there was line dance. couldn't see anything there either. ♪ . >> we practice this. come on now. come on now. ♪ . to the left

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bill: there are questions this morning about the nsa surveillance program. is this what the patriot act intended? the man who wrote that law says this is overboard. wisconsin congressman james sensenbrenner is here with

us this morning. good morning to you. >> good morning. bill: i'm hearing from republicans democrats, saying hey, we've got to do this. this is the world we live in. you have a big problem with this. tell us why. >> i have a big problem because the business records part of the patriot act which is what was used to justify this, was designed for specific investigations. i don't know why every phone call that was sent or received a u.s. cell phone company as well as e-mails and facebook posts and stuff like that are relating to a specific investigation. this is a dragnet. it is an overreach and we've got to find out this is justified, simply because the nsa wants to do some data mining. bill: so you wrote the law, but the specific part of the law says that it has to be relevant to the investigation, right? relevant to the investigation. and that investigation would then be authorized. but this appears, to throw suspicion on everyone, does it not, when you throw a net

this wide? >> sure, it is. and it is definitely a government overreach and what happened, when people seem to think that big government is good. we're seeing big government in action, just like george orwell predicted but maybe a few years later. bill: they might be watching terrorists in 30 they are, right? you know what they're building in the state of utah. what will they do the information in 202? if you thought google was good knowing your every step every day, what is the government capable of? >> well the government is capable of going to a secret court where there are no adversarial proceedings and getting an overbroad order. that is why both judiciary chairman bob goodlatte and i are insistent if we have to change that part of the business records part of the patriot act before it expires in 2015 we will have hearings and we'll do that and we're going to start in

next thursday when fbi director mueller is going to appear before the committee. i've got a good five minutes of questions asking about this and, maybe we can get further to the bottom of why this is necessary and why it relates to a specific investigation. bill: getting any answers on that yet? >> no, i don't have any answers but i would sure like it. as the author of the acts assured by the justice department two years ago this was very narrowly done and not very often used. so, my heavens, just look at what has come out. and, it took a british newspaper to expose it. bill: so you're saying when the patriot act comes up for renewal in two years, 2015, you would find away to amend that business clause there about relevant information? >> we can do it earlier than that. i think we may have to as a result of the fact that this operation prism really hits everybody who uses a cell

phone. bill: i tell you i think the thing that bothers people, just to cut through all this, we're watching these irs hearings over the past couple weeks. you expect the american people to trust their government with their information being tracked all day long on telephones, on the internet? help us get our head around that? >> yeah, well, it is everybody. it is everybody who uses a cell phone or a land line. and, that's how broad the fisa courts order was. come on now, you can't use telecommunication unless we have to go back to the bad ol' days when i was a kid where we used two tin cans and a string between the two of them. bill: i heard yesterday there were 10,000 americans working on counterterrorism today. 10,000. and you're collecting all this data? how did boston happen then? >> well that's a good question. we still don't know the answer. it is obvious that something fell through cracks.

and you know, as you know when you have goat too much data much more likely that something falls through the cracks than when you get targeted data. good heavens, i authored the patriot act to try to get at the bad guys and getting at the bad guys without getting the good people having their privacy jeopardized. and, i fought with the bush administration and the obama administration and i thought i was able to be able to do something that was narrowly drafted. any law, any law can be abused. this one has been. bill: you apparently got more work to do. thank you and come back. jim sensenbrenner. >> sure will. bill: thank you, sir. here is martha. martha: a lot more is coming up. we're keeping close eye on weather radar today, tropical storm andrea zips up the east coast after causing damage in florida. we have a report where the monster storm is heading next. new york city is already

soaked. look out there on sixth avenue this morning. yuk. we'll be right back.

bill: russia's first couple is calling it quits. this is a major headline out of moscow. vladmir putin and his wife announced a separation after 30 years of marriage. rumors were hot that the putin was having an affair with a 30-year-old former olympic gymnast who is part of the government in moscow. she is reported to have two children him. she is denying being the mother. he has been photographed a number of times by himself or with a gentleman on horseback showing off his athletic spear. -- superiority. martha: we have tropical storm andrea losing steam after hitting caroline after

hitting florida and georgia dumping heavy wind and rain and even tornadoes were reported. folks in new york city bracing for sloppy weather. look at sixth avenue. here is our chief meteorologist rick reichmuth will tell us all about it. hey, rick. >> big flooding concerns in florida. that will continue as we see a few showers coming through this. this is how much rain we've seen. north carolina through parts of florida. now the storm moves off toward the north. heavy rains still across the carolineng across areas of the northeast. tornado watch box across the outer banks and north carolina and northern virginia until 1:00. right now i don't see any tornado warnings in effect but we could see some of those spin up real quickly. folks across eastern north carolina certainly watch for that. but overall we have very windy conditions especially on the east side of this. we have strong wind that will bring rough seas across

the outer banks as vacation is starting this week across the outer banks. unfortunately not a great day. winds continue to weaken a little bit as the storm moves northeast. it losing its tropical characteristics. basically becomes a very regular old very heavy rainstorm. we'll see that all throughout the day today and in towards tonight. you see very heavy rain across d.c. and new york and boston, new england. much of new england. by tomorrow morning we clear things out from new york and down towards d.c. it won't be that bad of a weekend. a few scattered showers in the area. a thunderstorm or two. friday if you're traveling across the northeast, very rough day. martha: we'll take it if we can get a good weekend. what about all the areas? up through the east coast is sandy territory. >> it is. martha: will they be okay through this. >> they will be fine. there will be a lot of rain and localized flooding. as far as any storm surge in areas impacted by sandy i think they will be just fine. martha: good. they're trying to get it

back together. rick, thank you very much. bill: the storm is flying right now. 30 miles an hour. martha: you think he is concerned about his job now that i've been standing in front. weather screen doing a fantastic job? bill: your performance should make him nervous. martha: i think he is feeling pretty safe right now. bill: on the heels of a major court ruling in her fight for life a dying young girl takes a turn for the worst. an update on her condition and what her battle means for other children desperate for a new organ. >> anarchy is spreading across the planet like a virus. martha: oh, man, i bet he regrets that moment. he said as much yesterday in the hearing. the irs manager who played mr. spock, not dr. spock, in a taxpayer-funded video, lands a starring role on capitol hill. the tax agency offering apologies how they mishandled millions of dollars. can it really change their old ways and their old habits? >> i will start with mr. fink. what were you thinking? >> the fact of the matter is,

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martha: well, there is major fallout today from the house hearing yesterday that looked into the $50 million taxpayers dollars the irs spent on a conference, several conferences, actually, while the american economy was suffering. lawmakers pulled no punches yesterday. here is a sample of what was

said. >> you can not take the money of american workers and waste it. >> the irs effectively was guilty of tax evasion. >> mr. george, according to your report the irs conference in anaheim in 2010 cost more than $4 million, is that correct? >> yes it is, sir. >> you could have saved a million dollars by holding this conference in orlando? >> mr. fink, are you familiar with this guy? this is the gsa official in the hot tub? have you ever seen that picture? >> i have seen that picture, yes, sir. >> mr. george, in your report, you have squirting fish as part of $64,000. has anyone, anyone seen a squirting fish? did you see one at the conference? >> no, sir, i did not. >> mr. fink, we have what we understand is the swag bag from the event. what was in these swag bags,

it also included, i'm kind of confused by saying, this is a plastic squirting fish. why would people get a plastic squirting fish? >> congressman, as i mentioned, i honestly have no idea what the plastic squirting fish was. >> when did you think that something was wrong here? >> in -- >> did you ever think something was wrong here? you're in charge. this is what is so infuriating. you're in charge!. >> while your fellow americans are losing their jobs and their health insurance and their homes, you do not spend million at a conference for which there is no accountability. martha: stickening, back and forth, right? think about hard-earned money and tax dollars, making sure you get it in on time. you listen to that, and really makes you think. just minutes ago, fox news has confirmed that a misfired e-mail alerted

washington officials from the cincinnati folks about the targeting of conservative groups a year earlier than the irs has acknowledged that they knew bit. so we'll get into that with jay sekulow who represents some of those groups in coming legal action. he is chief counsel of the american center for law and justice. jay, welcome back. good to have you here this morning. first of all, i want to get your reaction? what goes through your mind when you listen to that? >> an agency completely out of control, incapable of self-governance. i suspect at this point, probably, incapable of self-correction. i mean, martha, you look at, if you were a business, and i had a client that could not produce, they also could not produce the $50 million expended, 10% of the receipts, which is $5 million. if i had a client that could not justify through reit receipts $5 million of expenditures they don't get the deduction. this agency is not only out of control, they're violating what everybody else in america has to go through in order to document its business expenditures.

that is number one. number two, you could not justify those expenditures as what is called ordinary and necessary business expense. clearly it was not. number three, you've got two individuals that were charged with the implementation of the obamacare oversight through the irs have been put on administrative leave. as you just mentioned, it has been reported, which is no shock to me, that a year before the government acknowledged that washington knew about this scandal, in fact they did, were notified through e-mail. we also know that a senior lawyer with the treasury, with irs, was in fact, handling a lot of this, directing. by the way we checked our correspondence. lo and behold we have letter from him too. all that is nonsense. yes, absolutely got a letter from carter hall from one of our clients. martha, this institution is so off kilter right now i think the best thing to do is basically shut her down and start all over again with a system that's, really

manageable because this one is not. and i don't think we've seen the tip of the iceberg. martha: want to go back over this news that we just, you just talked about. the information is that somebody in cincinnati, in the office where they were going over the tax exempt status, for these groups. >> right. martha: misfired an e-mail we all know happens sometimes. in it they included the washington, d.c. folks on that e-mail. this was in july of 2010. >> right. martha: now washington has acknowledged they started to get wind of this whole screening for conservative groups in 2011, correct? so now we know that this e-mail was right in front of a whole bunch of folks in the washington office a year earlier than they have admitted. where does that leave us? >> that leaves us that washington was directing this investigation from an early inception point because we also know through those e-mails there was a request for additional, quote, cases to be bundled up and sent to washington. this was an washington

initiated event in 2010. the president of the united states was out on midterm elections talking about how dangerous these conservative groups were, how underhanded they were. how they have nice sounding names but are actually covert operations. lo and behold the irs comes up with a be on the lookout list. now they know about it in 2010. lois lerner is not highest person this goes to i have a feeling. i think we'll find out more about that as our litigation continues. martha, at the end of the day, look at this agency and ask yourself are we comfortable as americans with the internal revenue service implementing obamacare? implementing the enforcement of obamacare? to me that of itself should send shockwaves throughout the american people, right, left and center. martha: you know, i think this has, if there is any good that could possibly come out of this, it does shed a lot of light on what's going on at this agency. and it raises a lot of questions that many people have been looking at in terms of tax reform, and getting serious about cleaning up this whole thing.

and we'll see. i know you're working on that, with your folks, jay. we're going to go. thank you so much. we'll see you soon. >> thanks, martha. bill: breaking news. southern california. that troubled san onofre nuclear power plant is closing for good. that according to the southern california utility. just crousing now. two reactors at the plant, they have been shut since january, january of 2012 because of a leak of radioactive water. edison international chairman says that decision is based on uncertainty when or if the plant might return to service. it is not good for customers or vest, to. that is about the midway point between los angeles and san diego. major population mark there in southern california. so that is the news there. meanwhile, outrage from so many different corners on this nsa story. the mining of data from the cell phone, from the home phone, from the computer. every click you make, america. but some lawmakers say it is necessary. we'll talk to the mayor,

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kick into high gear, tries to retreat but goes off the highway into a creek instead. the that current pulling his vehicle over four lanes of traffic. the pressure eventually blowing out all the windows in the vehicle which allowed him ultimately to escape alive. close. martha: well, the 10-year-old little girl who is in desperate need of a new lung has taken a turn for the worse over the last 24 hours, although we feel like things are getting a little more stable this morning. but she has been added to the adult transplant list. >> what! whoo!. martha: she is so that is sarah murnaghan when she celebrated in her hospital bed she was moved onto the list in philadelphia in the hospital there. the judge ordered the secretary of health and

human services to put her on the adult waiting list. the judge said this. >> the public interest here i think is significant. she might be dead and that would be a terrible tragedy. so that's another reason, very practical reason in my view, why to better exercise my discretion to grant the pro -- tro, to do so and do it right now. martha: doctor there you go. dr. mark siegel, professor at nyu langone medical center. good to see you. >> good morning, martha. martha: they moved another little girl, another little boy, excuse me off this list. there are only 20 kid in this position. if you put them all on the list the feeling that it is more fair treatment to everybody. that they shouldn't be discriminated against because of their age? >> i think that's true. you know, cystic fibrosis, there is 150 to 200 lung transplants a year for cystic fibrosis.

that is build up of secretions in the lung and you get scarring in the lung because the lung is stiff. she is not yet on a respirator which is really good thing. once she is on ventilator, respirator, she is trouble because the lungs don't stand the high pressures is. sarah is getting sicker. that should move her up on the list. they tend to give priority for those who are the sickest. i think only be fair children be on the list, when you consider a disease, cystic fibrosis which affects many organs, because it gets worse as you get older. she is in worse shape than a lot of adults, would do better with a transplant especially now that we can transplant parts of a lung. martha: that is good point you make. the only justification for having a separate list for children they would not be compatible with adult lungs. we've proven that is not true, but the reason is separated wrong for separating them. >> bureaucracy has to keep up with technology.

we have the medical technology and some of the same doctors involved with making decisions have done study it is that showed kids can do better now. cystic fibrosis, two lungs, her main problems are with the lungs. people are asking me what will happen if she get as transplant, but with the main problem with the lungs she should do well, at least initially. martha: good news. >> we hope she all gets it. martha: we are hanging in there for her and the other child. good to see you. >> good to see you. bill: did anyone see this coming? before he was president and was a senator, the snooping his own administration is accused of doing in 2007. >> i want you to go through every single one of them, if they're unconstitutional and encroaching on civil liberties, we're overturning them i met a turtle friend today. avo: whatever you're looking for, expedia has more ways to help you find yours.

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bill: two top leaders in the

senate intelligence committee, one republican, one democrat, now coming out in defense of the nsa gathering of all your data. suggesting the policy of collecting phone records and web sites is just a way to protect the country. listen. >> i know that people are trying to get to us and it's to ferret this out before it happens. it is called protecting america. bill: former mayor of new york city, rudy giuliani knows all about this topic with me in studio. good morning to you. >> good morning, bill. bill: what is your view on this? >> well, i don't have enough fts for sure and not jump on the band wag gone to attack them. actually they deserve it for all the rest they have done. this comes in the wake of the irs doing absolutely unfair, terrible things, targeting people that obama didn't like. it looks like the justice department was doing the same thing. they end up with this whole

thing and ap and fox and all the crazy subpoenas of records and lying. bill: one on top of the other, you sit back, you expect me to trust the government with my? i'm watching all this stuff? >> that is exactly the problem. but here's the reality. we don't want it throw out the baby with the bath water. this is something we all wanted, meaning conservative republicans. we want ad government that had an aggressive program trying to find terrorists. the question has it been done carefully? are they just getting business records? are they just looking at phone numbers and phone calls? are they also listening to phone calls themselves? are they listening to conversations? they shouldn't be doing that. bill: they say they're not. do we really know? >> i trust senator feinstein and senator chambliss and mike rogers. watching them, say, this is okay, makes me feel a little better because they're pretty darn careful and they're pretty darn tough. bill: you think they're being judicious about it. this is march of this year. this is our director of national intelligence, james

clapper was asked about this. >> right. bill: in a hearing on the hill. listen. >> does the nsa collect any type of data at all on millions or hundreds of millions of americans? >> no, sir. >> it does not? >> not wittingly. there are cases where they could inadvertently perhaps collect but not wittingly. the. bill: that was three months ago. this is -- >> this is typical obama administration answer. bill: did he know? or was he lying? >> not wittingly? in other words it is possible, to for the government to give out hundreds of millions of records and he wouldn't know about it? that is actually even scarier. this is part of what the obama administration keeps doing. whatever the problem is, this may or may not, i'm, not sure this is a problem or not. i would have it see the affidavit. i would have to see what the court decided, most of which is secret and classified. when clapper goes on and

does that, now he makes the conspiracy theorists start to have some sense to it. bill: not wittingly? >> how could it happen. it hire happened or didn't happen. bill: if they could prove that this system stops terrorism, i think everyone in america would say, all right, go for it. mike rogers says we have stopped one. he did not give specifics. they're building a plant out in utah that will be up and running in october of this year. this is massive. it is five times the size of the u.s. capitol building. >> right. bill: if they use in the excuse 2013 they're looking out for terrorist what is will they say in 2023? >> the other problem you have here, bill, this is totally hypocritical kal for obama, if bush was doing this, or mitt romney would be doing. obama ran all of this. he ended war on terror couple weeks ago last time i checked. war on terror is over. the war on terror isn't over and we'll up our

surveillance of american citizens the incompetence of this administration is really impossible to catalog and describe. listen to that guy clapper go out there and say not wittingly, who is supposed to be in charge of all this. you begin to fear, maybe they made a big mistake, maybe they overreached. i don't know the answer. i know over the years, through democrat and republican administrations fisa court served us real, really well. through the democratic and republican administrations justice department have been very careful. did they go overboard under obama? they did go overboard with the irs. they did go overboard pursuing reporters. man, the conclusion they went overboard here is almost inescapable but i'm not sure that's true. back up just a little. bill: i understand. you're being very careful about your wording here. perhaps they are being judicious as you have tried to explain to us. sensenbrenner just told us 30 minutes ago this was a dragnet. that the law states that you have to have relevant information. >> he is absolutely right. bill: it has to be

suspicious. if you're collecting data on 100 million americans by way of verizon, that would be a dragnet. >> since we're working on leaks and we don't have the papers and documents, i'm hoping they did this in accordance with the law. they have in the past. every experience i ever had with them done it in accordance with the law. in the past they have been very careful. unfortunately the obama administration has broken down trust in very, very serious ways. so now that trust doesn't extend here. we may lose a tool against terrorism because this president has either been so incompetent or not careful about the way he does things. >> great to have you on, mayor. rudy giuliani. back in a moment, more with martha and chris wallace, right?

martha: the white house can't seem to catch a break really from scandal to scandal, maybe finding itself feeling a lit lonely these days after even the president's biggest fans in some quarters seem to be jumping ship. welcome to a brand-new hour of "america's newsroom," i'm martha maccallum. bill: i'm bill hemmer. the ne"the new york times" has stood with the president through a lot of the last five years thick and then. this scandal might be too much. yesterday they said in a stinging editorial the administration has now lost lost all credibility on this issue. mr. obama is proving the truism that the executive branch will use any power it is given and very likely abuse it, end quote. that's changed a little bit.

martha: it has. we want to talk to chris wallace about, anchor of "fox news sunday." good morning, chris. >> good morning, martha. martha: there was a lot of discussion about a few words. the original release from "the new york times" said the administration has lost all credibility. then they went back apparently and added, they've lost all credibility on this issue, which softened the blow a little bit. your thought first of all on that? >> actually it's more precise, i think it makes more sense, you know, you're not talking about everything this president has done, you're talking about this particular policy, and, look, you've got to give "the new york times" at least the sense of the courage of their convictions. they didn't like these policies, warrantless wiretaps and various ways in which the government intrudes on people in the name of security during the bush administration, they don't like it any more in the obama

administration. with the addition of those words on this issue it's very stringing. they basically are saying this it's damage just when any president, either party, liberal or con e conservative has too much power and in the name of security uses it to spy on all of us and they are keeping true to their basic principle on it. at least they are, consistent. martha: let's take a look at another piece of the editorial because it does back up this notion, as you say. this sort of tracking can reveal a lot of personal and intimate information an individual to casually permit to surveillance fundamentally shifts power between the individual and state and repudiates controversial principles regarding search and seizure privat privacy. >> it has been a tough several weeks for the white house and some are suggesting that perhaps the leak on this particular story, the nsa story may have been intentional because it

throws attention off of some of the other things like the i.r.s. and puts the territory that they are a little more comfortable confronting. >> until it's proven to me i would very much doubt that. this is information that was very closely held. the fact is that this program started under george w. bush in 2006 and the secret held for seven years. i would certainly hope that they are not using it for political purposes. and i'm not sure it gains them much. i'll make an argument the other way, for this information which it came out might simply be seen in a vacuum as an indication that this administration is very much like the bush administration, doing what it can to protect us, in the context of the i.r.s. scandal and the context ef the department of justice snooping on reporters, those things are scaggles. this one is a poll she debate and suddenly these things are painted with the same brush as those scandals and becomes a question of government over reach. the fact that this is being

released now makes it words fo worst foworse for the administration not better. martha: you had eric holder coming out and saying i'm not retiring, i'm not going anywhere. i'm staying where i am. you had the appointment of susan rice, it was controversial. the president said it's my pick, it's my prerogative and it felt like they were trying to fight back. >> they'll continue to night back, the problem is these scandals are scandals. the question still are out there, why did eric holder make such a clear continue contradiction about what he testified to on may 15th, never heard of it. and then he put in the request for a skwarpbt that says all terrible kinds of things of james rosen, conspiracy, violation of thess me o the

espionage act. the president can do anything he wants to do but until we get to the bottom of those scandals, and we have new policy controversies it will be very hard for him to change the subject. martha: there will be plenty of subjects as you get ready for the weekend. >> we have a great person to talk about this. which is rand paul, he's very concerned about government's role, he was concerned about it about drones. i think he'll be more concerned when he talks about listening to our phone calls, our internet communications, and now apparently our credit cards as well finding out what they say. i would like to know what mrs. wallace is doing with a credit card. i might see if i can get into that one. bill: that would be a good use of the law, wouldn't it, for every husband out there? martha: the gps tracking devices on the phone raises concerns. if they are tracking all of this

stuff, if your phone is set to track you they have a lot of information as to where you physically are at any time. bill: you can follow your kid. martha: you might be at the mall, for example. bill: the author of the patriot act from 2001, last hour i talked with jim sensenbrenner. he said that is not what the law was intended to do. >> it's definitely government over reach. what's happened when people seem to think that good government is good. we are seeing big government in action, just like george orwell pre tk-bgted but mayb predicted, but maybe a few years later. bill: he's raising the possibility of changing the patriot act. watch that story. martha: reports are showing that emails, file transfers, live chats of customers from companies targeted are now a part of this broad surveillance program which is essentially tar

getted at foreign exchanges but that often bumps them back into the united states. the companies include google, microsoft, facebook. they all deny that they had participation in this program, they say they did what they were asked to do under government rules and laws, and no more. bill: new reaction from congressional leaders in the white house on all this. a big split on both side. some republicans backing this decision, some democrats being critical. doug mcelway is live at the white house, north lawn. the administration is strongly defending the program since the story first came out. they welcome this debate? >> i don't know if they welcome the debate. they are strongly defending it. yesterday we heard from james clapper who said that this was all a part of the fisa program, the foreign intelligence surveillance act which is designed to target nonamericans living outside of the united state. he went onto say and i quote, it cannot be used intentionally to target any u.s. citizen, any other u.s. person or anyone

located within the united states. but that appears to continue tphreubgt pretty sharply with what clapper testified to in the congressional hearings just last month. listen up. >> does the nsa collect any type of data at all on millions, or hundreds of millions of americans? >> no, sir. >> have it does not? >> not witnessin wittngly. there are cases when they could inadvertently collect but not wittingly. bill: >> the administration coming under intense fire, people such as bernie sanders of vermont aligned very closely with conservative republican, libertarian republican. senator rand paul who wrote an oped in the grader yan this

morning. the department of justice has seized reporters phone records and now we learn that they have taken verizon's data. this is an all out assault on the constitution. the constitution, bill, obviously calling for a limited role. bill: you've got that on both sides but you also have the strange marriage of republicans and democrats defending the white house that on this decision. >> you do, most of them tending to associated or aligned with the intelligence committee. we have senator dianne feinstein on the senate intelligence committee closely eye lined with representative mike rogers who heads up the house intelligence committee. listen to what mike rogers had to say about this yesterday. >> within the last few years this program was used to stop a program -- excuse me, stop a terrorist attack in the united states, we know that. it's important. it fills in a little seem tha seam that we have and it's used

to make our sure that there is not an international nexus to any terrorist event that they may believe is ongoing in the ooh knighted states. >> he said that as he was introducing a bill to rack crackdown on foreign surveillance of united states citizens. critics now say he should be more about surveillance on americans by their own government. bill: thanks. it's raining in washington. hang in there. martha. martha: the growing concerns over the white house' credibility on benghazi, and new hearings that are now in the work, it's not going away. new polls show troubling signs. bill: mr. obama's change of tune on the wiretap and eavesdropping. a sharp departure from the time when he was a senator and a candidate for the white house. we wildebate this from october 2007. >> when i'm president one of the first things i'll do is call in my attorney general and say to him or her i want you to review every executive order that's

been issued by george bush, whether it relates to warrantless wiretaps or detaining people, or reading emails, or whatever it is. [ male announcer ] running out of steam? ♪ now you can give yourself a kick in the rear! v8 v-fusion plus energy. natural energy from green tea plus fruits and veggies. need a little kick? ooh! could've had a v8. in the juice aisle.

eye

bill: a school bus with kids on board flipping on its roof. check it out. initial reports out of tampa, florida, another vehicle running into that bus, ran a red light. two children on board, the driver wheeled off on a gurney, no update on the driver's condition. no other reports of serious injuries to the kids on board. the other vehicle said to be heavily damaged too, tampa, florida. martha: is it a case of hypocrisy? president obama under fire from many of his supporters for his administration's mass heuf surveillance of privatmassive surveillance of people's phones and internet. he railed when he was a senator of the very snooping that his administration is accused of expanding. here he is back in 2005.

>> if someone wants to know why their own government has decided to go on a fishing expedition through every person record or private document through the library books you read, the phone calls that you've made, the emails that you've sent, this legislation gives people no rights to appeal the need nor such a search in a court of law. no judge will hear your plea, no jury will hear your case. this is just plain wrong. martha: boy, look back, right? juan williams, fox news political analyst and mary katherine ham editor at large for hot air.com, welcome to you both this morning. juan, what do you think? >> i don't think there is any question about the fact that there is a hypocrisy element. it's important to note here he was speaking as a u.s. senator and speaking at a time when the patriotic act and how it was going to be conducted would be put in place and he's speaking then as the most liberal member

of the senate. now he's speaking as president of the united states and he's the guy who is on record as being responsible for our national security and i think that he has, you know, an obligation to protect us and he feels this is necessary. and he's got the legal right to do it, martha. i mean he can legally do it and it's an extension of a policy that was put in place under president bush. i don't think that there is question when you look at this thaeup it's a different position being taken by the same guy. martha: which we do see between candidates and folks when they become president. it does change the dynamic. here is my question for you mary kathrine. you look hat the scandals we've gone through over the past several weeks and we haven't heard about them much from the president. is this a case where the president needs to come out and say, you know what i felt very differently about this when i was a senator and now i see the realities on the ground. if he does that he'll have to acknowledge the existing and continuous threat of these terrorist groups against our

country, which he sometimes tries to skim over. >> which he tried to move away from a couple of weeks ago giving that big speech. that is a little bit of a big issue for him. he may take that chance and come out and say look, often -p sends obama is mind by the things that president obama has to do. he might take that chance to give a speech that explains it and ago georgia nice public here over it a little bit. i think there is room for a president to get into office and say, look i'm dealing with more than i thought i was and i've changed my views on some of these things. there is room for the american people to say, hey you're not the guy you were when we elected you and we are finding out 12 years later -p ho how expansive some of this stuff is and maybe it should be legal, all of it. martha: if he speaks out, juan, about what his concerns are. here is what i'm procee i'm protecting you from, this is why i'm signing off on these

things. 4 either very clear that there ace a war on tore or going on. >> i think that is clear. martha: my.is that you have to be on the same page with what you're thinking and saying and acting, that is my point. martha: of. >> will the point is that he has legal authority to do, he got permission from the fisa court, the foreign intelligence court. speakerring to the heart of your point is that he hasn't had the conversation are as president with the people of the united states of america and has hadn't taken on the tremendous tension between our civil liberties fights and the rights we need to protect our country. martha: he hasn't jumped right now -- numerous from the underwear bomber to the boston bomber, called it what many people out there would say as everybody else would see it. when 4 you see the surveillance program and look at it it's

quite clear that if the president if he signed off on all of this is very concerned about what is going than out there right. of it seems there are two different messages that aren't lined up and spoken quickly. >> i think you're involved in the political fray and status. as you just said its clear the president is concerned about terrorism and concerned about our national security. the role rean is why didn't he having the conversation with the american people. he says, trust us, we'll do what is right. that's what he objected to when president bush was there. he's extended that policy. that's why liberals are up in arms. conservatives are somewhat decided. everybody can agree that there need to be a conversation in which the president says here is what we are doing and here is why we are doing it rather than just say trust us. >> he wants to talk like a constitutional professor and get ready for that for being all new answered and then he acts in a different way and that's where people see a difference in that

brand. there seems to be no attempt to limit this kind of thing. this doesn't seem to be targeted in anyway and that is way far from what obama intended and problem bleep from what many americans expected. martha: it's a question of leadership on this issue and people feel like they get it and they under why it's being done. mary kathrine, thank you. juan thank you. bill: fears of severe flooding as topography andrea blows up the east coast. already thousands without power as she plans to be around for a little while. martha: inside houston's deadliest fire than more than a century, what firefighters are now saying about battling that massive blaze. >> i felt very lucky, because i was a lot closure than i really expected to, and i'm glad i was there to take care of my brother who had fallen. 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

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martha: queen elizabeth's husband prince philip has been admitted to a london hospital. we are told he is in for exploratory surgery on his stomach. the 91 warld prince i 91 kwraoerpld princ91-year-old prince is in good spirits. they will not elaborate on his condition but indicate he had tests during the week. bill: flooding is the big concern for the remnants of tropics dan tkrao tropical andrea much. much it's the first named storm much the tropical season. right now there are thousands without power right now. i want to go live to myrtle beach, south carolina. the center of the storm passing over there and marry quinn is there to bring us the latest on the beach. good morning. >> reporter: good morning, bill. what was the center of the storm

has been passing over us this morning. we are feeling wind gusts about 30 miles an hour. the waves have been picking up all morning, right now they are about 4 feet and it's expected to be like that throughout the day. isolated flooding reports from here in myrtle beach down through charleston. the city of conway which is further inland got about five inches of rain last night. a few tornado warnings all through the carolinas as well. we are hearing reports of power outages, 4,000 people without lights in charleston and 2,000 in the dark in north carolina. despite the fact that this is a relatively minor storm folks along the coast are still worried about flooding. >> fortunately it doesn't flood right in front of my house but getting out of here can be a nightmare. either get home of and stay home store don't get home at all. bill: our apologies there, we just lost the microphone from

marry quinn down there on the beach in myrtle beach, south carolina. the storm is moving through. you can see how big the storm is and the amount of attention it's getting. look where it's going, washington d.c., new york city, boston, massachusetts. martha: the 95 corridor up the coast, and it's a wet one to be sure. bill: that's right. martha: we've got new polls showing that the white house has a problem on the trust issue according to these numbers. a majority of americans say that the administration is not telling the whole truth about the benghazi terror attack, and what else we should know, four-star general jack keane coming up on that. the great outdoors... ...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!

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bill: there are new concerns over white house credibility when it comes to the benghazi terror attack. a new poll shows a majority of people, 5 #% say the whit 53% say the white house is mostly hiding something related to the attack. general jack keane, retired four-star general re, vice cheech of the army and a fox news military analyst among many other things. good to see you. nine months later can you explain this? >> it's outrageous. we still don't have a full accounting of why the security was not right, why ambassador stevens' request for security went unanswered, why the leaders of the department of state, to include the secretary of state who knew there were two previous attacks and also an attempt to kill the uk ambassador, why they

were not involved in security solutions, all of these things are still unanswered. then there is the false narrative waive itself more than anything gets the american people. bill: how come? because they see government officials on air creating a narrative that isn't correct, and that is fundamentally disturbing. you've got to trust your government. bill: when you talk about a security problem and the incidents that occurred in benghazi, why don't you shore that up? >> there was a pattern of activity there for over a year. bill: a year. >> a year. one series of attacks after another. through on the consulate, one attempt to kill the uk ambassador. one on the international red cross, and the united kingdom shut down their consulate, left benghazi, the international red cross left as well. these things get reported because it's unusual even for an attack on kabul in tkpwhapbz i afghanistan in our embassy. either unusual for an attac aeu

attack on baghdad: we have an accounting that said it was handled at the middle management level from the department of state and wasn't adhered to. it its not an accounting of why security was not provided, why an ambassador was told know and who told him know. bill: you said the narrative about the attack is most disturbing because people start to believe their government is not being are not coming with them. we've been watching awful the hearings and scandals in washington, this is what we found in a "wall street journal" poll. does the i.r.s. skraourt plea of conservative groups raise a question about the inch regular ra see of the obama administration. 65% say yes to that. you have the james rosen story, the snooping story on top of

this benghazi matter. >> all of that is certainly disturbing. there is a basic distrust of government to begin with that people have, but they want to believe the government officials, after all they vote for them. the fact of the matter is that when something like this happens and there is a pattern of activity then you begin to have a credibility problem, and trust which i which is essential begins to break down. bill: we were just talking 30 minutes ago with chris wallace, he'll have ron johnson on his program fox news supbtd sunday o"fox news sunday" on the weekend. what is the next reubl in the benghazi investigation? what comes out? >> we already know that security wasn't right. we know that there is a false narrative. i think the next thing that will happen is really a discussion with the principles involved, you know, the secretary of state. i think she will probably be brought in to be questioned at some point, because she was directly involved in this. and no one has asked her a question. i think that is the shoe that

hasn't dropped. bill: what about susan rice's elevation this week are you okay with that? >> the president has a right to pick whoever he wants to help him. i wouldn't have picked her, i'm not in the position, erbg pick who he wants. it is disturbing that he would pick somebody that was so central to a false narrative that the american people received. i think there is a frustration in the white house, i can only speculate that he wanted her to be secretary of state, he was not able to do that and by god he's going to give her a position because he has a lot of confidence in here and so he's given her this important position. bill: she does not need senate confirmation but they could subpoena her for her role previously, as to her post in the u.n. would you suspect that? >> i don't know where that is going to go. i would suspect probably not. given her position and now that she's an adviser to the president of the united states and she has executive privilege over the job once she starts it, she doesn't have it over what

took place in the past. i would suspect they would probably not do that. bill: thank you, general. jack keane in studio here h. >> it's always good to see you bill. bill: we'll see you. have a great weekend 26 minutes before the hour, here is martha. martha: there is growing turmoil in turkey as violent protests rocks one of the most important allies. thousands of people taking to the streets there holding rival demonstrations both for and against the government. leland vittert joins us now from jerusalem. leland, how are things going in turkey since these protests really got going last week? >> reporter: exactly, martha. this is the week anniversary. we haven't seen the kind of violence today that we have seen in the past. the police have packed down a little bit, the politicians, however, have not backed down from what they say is the course they are going to take turkey on right there in the square there

also in the capitol and in istanbul. thousands of protestors camped out. they don't have a clear leader or clear demands. basically they are upset that they feel that the peupls in curbingee has been elected three times, is taking turkey down the road to becoming more of a islamic state than a secular one. when the prime minister arrived back in turkey overnight 10,000 people greeted him the a the wear port all chanting his name in support. martha: how to sort this out. does the government seem that they are willing to allow the protests to continue, or do you think we might some kind of violent crackdown like we've seen the wors worst of in syria? >> the turkish government seems to have learned their lesson that the pictures of violence we have seen over the past few days is not good for pr and tourism and it brings the condemnation of the united states and the european union straight onto their government. the deputy minister apologized

for this. they claim turkey is a democracy, they say that they will allow these kinds of peaceful protests. the question going forward is have the rules of engagement really changed when the protestors begin to rise up again will the police truly be restrained by the rules of engagement or simply the presence of television cameras? martha. martha: we'll find out one way or the other. leland, thank you very much. bill: as we learn more details about the government surveillance programs new questions today about why all that data did not prevent tragedies like the boston bombings. a closer look at that, plus there is this coming up. martha: a great question. >> on the drive, nearly lost it, still dribble link. >> come from behind victoria free for the san anton kwroep san and san antonio spurs. just over knife seconds left in the game the the purchases meet

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bill: one of the firefighters who fought that deadly hotel fire in houston is talking publicly. marcus hernandez is his name. he was one of 150 firefighters who responded to last week's blaze and he himself had to be treated for smoke inhalation after helping to save a fellow

injured firefighter. >> it's that sick feeling that you do get where you know where you need to be and you pray for the best. bill: prayers indeed. four firefighters died in that fire after the roof collapsed on them. it was the deadliest day in the house toon fire department's history going back 118 years. martha: martha: to our top story now the republican chairman of the house intel committee is defending the nsa's mass surveillance program. he claims it has already stopped at least one terror plot here in the united states. congressman mike rogers says he's working to declassify the details of that foiled plot so everybody can hear about it. but former house speaker newt gingrich is saying if we are doing all of this massive amount of snooping, boston and the march-to marathon bombing proves it isn't really going owl

that way well. >> with all of this information why couldn't they figure out there were two chechens with bombs in boston. why couldn't they figure out there was a pakistani with a car bomb in times square. theinstead they gather mounds of data about everything, it weakens our ability to find out the people who are the most dangerous. martha: very interesting, that was last night from hannity. peter brooks joins me now former cia officer and a senior fell for national security affairs at the heritage foundation. welcome. is newt gingrich right? >> he has a point, there is no doubt about that, martha. the question is where is knowledge and information, right? it would be mound of information here. the points he's making are that, you know, we had all this information, why couldn't we stop these terror attacks. mike rogers note eld we did at least stop one. this is supplement tree

information, they are not going through this unless they have to. if they find out about an email account or an individual or a telephone number on a cellphone from a jihaddist that was cap thaourd or killed, they will go to this information and then go through it and see what they can find. they are not necessarily finding out anything from this information. but it's available to them if they need it. martha: we are looking at these scenes, peter from boston and what we know about the tsarnaev brothers is that russia and the intel services there put these guys on our rey car. they were all over youtube, all over email, they were texting. so why -- that would be precisely the kind of tip-off that you would think would lead them to track these guys through these surveillance systems that we have going, right? i mean to me this makes boston a much bigger failure on the part of our intelligence services, than a i think it's something that we need to that you can about. >> yeah, no, you make a very good point and it's something we should talk about and we should find out from the

investigation. what i'm saying here is that my recollection is that we find out about -- we dropped them, remember? we looked at them, there was a human judgment that tkhaoe sided by the f.b.i. that he's guys were no longer a threat and they dropped him. if they continued to follow him then we may have gone through their social media and phone calls, it was a human judgment issue. i agree with you. i agree with you. martha: this is precisely the kind of people that you would want to be watching, you know. and i think that if we had caught them, right if they had been following and tracking their youtube and email like these big programs are supposed to be doing and watched those guys as they packed their bag in the morning and walked toward that marathon and they had caught them this would be a completely different story and everybody in america would be saying, you know what, you did what you had to do, you're smart enough to be on the internet to catch these guys, because that's where they live, and that is not the conversation that we're having right now. >> right, i know. my view on this is that these programs are legal, they are

constitutional, they have oversight and they are necessary. martha, we've had 50-plus islamists-based terrorist plots in the united states since 9/11. we can't forget the marathon bombers, we can't forget fort hood, we are can't forget 9/11. interest seems to me in terms of boston there was a human judgment made to stop following these people. if here had not then we perhaps could have used this program to track them and prevented boston. martha: i really hope that the chairman of the the intel committee, mike rogers, that he gets the permission to divulge the details of that one thwarted plot. i think at this point americans need to have the confidence. they need to say, you know what, you're right. i'm glad that they are looking into these, especially these internet worlds where all of these people do their research, where they do so much of their communicating. you know when you look at the osama bin laden raid and everything this was divulged after words, right when the government gets these things right they tend to scream it from the mountaintops, they want request for it.

that makes me skeptical, peter to be honest that these systems are working. the one time we got it right we really can't tell you about it. it makes me skeptical. >> i heard this had something to do with a tkpwoeupbz the subways in new york city, that was through colorado o. martha: i do remember. >> they got an email address of a jihadi overseas, an islamist terrorist overseas. they trac trace trace gallaghered his emails to aurora, colorado. martha: i hope you're right and i think that we need to learn more about it and if it's working great, you about it did not work in boston and i know you can't criticize an entire program for one incident. it seems like it would have been tailor-made to get these guys if that's the way we are doing this. >> one last point, martha, what is the risk of not doing it? what is the risk of not doing it?

martha: privacy i think a lot of people would say. we'll see, we'll see. peter thank you very much. beater brooks. bill: one of the things that the mayor, rudy guiliani told us last year sometimes you collect too much information and you don't know what to do with it or sift through it properly. that could create an issue. martha: that would come in many ways from not profiling, saying who should we look at based on the information that we have. obviously a lot of people have a big problem with that. bill: "happening now" rolls your way in a couple you have minutes. jon is cooking some stuff you have. jon: it's a lot like the bill pile and my desk when it gets too big i don't know where to begin. we are awaiting what could be big news from the president, set to speak a little bit later this morning, we will take you there live. the event comes as these new scandals swirl around this white house. word now that the nsa is spying on american phone records and internet use. we are all over this developing story. and news watch weighs in on big brother watching you and the mainstream media. are the media doing enough to

fight back? we'll explore it coming up "happening now." bill: thanks, have a great weekend. jon: you to. bill: see you at 11:00 eastern time. pretrial hearings are over and on monday the trial of george zimmerman in the death of trayvon martin will start. the judge in that trial is set to make a big decision today. goodnight.

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martha: a about it of a mystery, police in khaf are tryin california are trying to figure out how that landed. the 67-year-old driver landed her suv in a neighbor's pool after driving through the garage. the accident is under investigation. the 67-year-old is just fine. the pool not so good, it's seen better days. bill: suvs have a hard time floating.

the george zimmerman trial will start on monday. the judge denied the defense request to let a handful of witnesses testify in private. they were concerned about their safety. >> it's not a private proceeding, it's public property. what goes on in a courtroom is open to the public and it is the public's property. witnesses don't get to come to court and testify anonymously, unless there are very compelling reasons for a witness to do so. bill: the judge made a call on that one. judge alex barer is th the a judge in miami. jury selection starts on monday. when we get to the trial phase of this case what do you think is the ultimate decider? >> well, if i had to focus on one piece of evidence it's the powerhouse of this case, it would be the 911 tape where somebody is yelling help. because if george zimmerman is

yelling help it totally makes a self-defense claim. if trayvon martin is helping help it's hard to claim you shot him in self-defense when the victim is begging from their life. that from day one was the deciding evidence. bill: we don't know who is yelling help, right, they are going to bring voice experts in and try and figure that out? >> that is the problem. you hit the nail on the head. no one has really been able to identify, i shouldn't say nobody, because each side has their own expert. the fbi said it's unidentifiable, there are not enough fragments to identify the voice. each paid expert says it's their clients *p client's voice. they don't have the evidence necessary to submit that evidence. they'll have a frye hearing in front of the judge to ask the judge to rule on whether or not this evidence is admissible. finger. evidence has to meet 6 points to identify the person.

there aren't enough fragments of the voice to identify it under the generally accepted standards. bill: you don't know in the judge will allow this or not? >> of course i don't know. my suspicion is the tape will come in, and that the judge will exclude president expert witness testimony, but the judge may decide to allow it in, it just creates another issue for appeal down the road. bill: so we don't know. that is very interesting too. what's his best defense do you think, george zimmerman? >> his best defense is self-defense. he has injuries on his face and the back of his head. his best defense is also based on the fact that we only have his version. he's going to be the one who tells the story, because trayvon is not around to tell his version and there is no eyewitness to tell us what they saw. that is his best position that he was attacked by trayvon and that he defended himself. whether the jury believes it or not that is ha separate issue.

bill: when will the judge make a kaul on that voice on tape? i'm suspecting she is going to rule today. bill: today. >> i would expect so. bill: thank you, judge. we'll talk to you next week with okay? good to have you on today. >> my pleasure. martha: reaction to how far the government goes in tracking millions of americans phone calls and use of the internet. new polls show how much people trust our government, when we come back.

martha: rain any start to the weekend. looks like it will clear up. bill: got my boots. martha:, i hope the same is true wherever you are. have a sunny weekend. thanks for being with us. bill: gray skies. see you monday. jon: fox news alert. we are awaiting remarks from president obama. mr. obama is expected to speak this hour in california about the new health care law. the white house says he will encourage uninsured americans to enroll in a plan. is that all he will discuss? he is requiring to focus on health care as we're learning about new troubles for the white house. chief white house correspondent ed henry is live in san jose. they have more explaining to do, ed. >> reporter: they certainly do, jon. it is interesting because the president wants to talk about health care reformulater this hour in san jose. i will be in the room for the statement. we expect to talk about early signs here in california, which obviously is the biggest health insurance market in the entire country, the administration sees early signs peop