>> jamie: that's it for us. you want more, follow me on twitter? >> eric: eric shawn on fox on twitter. have a good day. >> shannon: the war on terror or a massive government overreaching into your private life? americans try to figure out what to think of the national security agency's data-mieping program. one senator upons to take this issue all the way to the supreme court. we'll have the latest on the nsa controversy. rand paul makes startling claims about what was going on in benghazi, libya, last september. we'll talk to him about why he says the administration is not coming clean. and racing against the clock. a 10-year-old girl who needs a life-saving lung transplant waits and hopes. we have the exclusive with the family. we will bring you that interview. i'm shannon bream. america's news headquarters live from the national's capitol

starts right now. >> shannon: as questions grow about the secret surveillance of millions of americans, fox news has learned they will get a closed-door briefing from the nsa on tuesday. lawmakers have staked out their positions on the sunday shows. steve centanni has the details. >> this issue clearly crosses party lines. everyone seems to agree there needs to be a balance between privacy and security. but some republicans and some democrats think the proper balance has not been struck. there is a sampling of those opposed to the surveillance. >> we are not talking about going after a terrorist. i am all for that. get a warrant. go after a terrorist or a murderer or a rapist. but don't trial through a billion phone records every day.

that is unconstitutional tinvades our privacy. >> terrorism is a real threat. but i think we have to cue to the bill of rights, the fourth amendment which prevents unlawful search and seizures ought to be important to us. it ought to remain sacred. there has to be a balance. >> reporter: but many support the programs, which target phone records records and internet use. congress approved the measures, and members are routinely briefed. supporters believe terrorist attacks have been prevented because of the secret surveillance. a republican and a democrat think the government has not overstepped its bounds. >> we face a very real asymmetric threat in international terrorism. our greatest libe of defense is terrorism is intelligence-gathering capabilities. it is a delicate balance. >> the programs are within the law. >> the business section is

reviewed by a federal judge, every 90 days. and you mentioned the entire house of representatives will get a behind closed-doors briefing. and the justice department is investigating the leaks of the classified programs. >> shannon: all right. steve centanni. earlier this week, i sat down with senator rand paul to talk about the president's decision to name ambassador susan right to be his new national security adviser. i asked him, what kind of message does that decision send? >> you know, i kind of question his judgment. most people think the president is good with political judgment. but he's really strug lining through the scandals. i think he is losing his moral authority to lead the nation. so then he promotes the woman who has been at the heart of the benghazi coverup. i wonder about that judgment because, really, there are a lot of questions why she went on so many talk shows and tried, i

think to purposefully mislead us about why we were attacked at benghazi. >> shannon: of course, appointing her doesn't require senate confirmation. she won't have to come before you or members of your body to answer any questions, but it keeps benghazi alive. for a lot of people, why do you think the white house would take such a bold step? >> i don't know t. boggles the mind and indicates a certain stubbornness we are going to see in the second term since he doesn't care whether it's unpopular. keeping benghazi in the limelight for him is not good. i think so for getting to the truth tmay be. hia conversation with another congressman who said that he asked someone in the leadership in congress whether or not arms were being exchanged in benghazi. and the response he got that was was classified. so when someone tells me that, that's not a denial, that says i'm not going to talk about it.

to me that, almost sounds like yes. i asked that directly to hillary clinton. she acted surprised like nothing vs going on. what does have this have to do with susan rice? my concern is that she was doing the coverup, talking about how it had to do with a movie. maybe they didn't want to talk about what was going on in benghazi, which may have been a facilitation of arms to turkey. i think the questions need to be asked. we need to ask a lot of people in the administration, including susan rice, hillary clinton and others -- were we shipping arms to turkey? and was that why the ambassador there was in benghazi? and why the cia annex was there? >> shannon: that has been a very, very provocative theory that has been discussed. what answers could you get? where would you go for them to pursue that line of questioning? >> the hard part is that the response will be that it's classified. i think if the media were asking the question to high-ranking officials and if their response

is, that's classified, li think you are getting an answer. if the answer were no, we wrnts involved. when i asked hillary clinton that question in the committee hearing, she never said no, we weren't involved with transferring guns out of libya. she just said, i can't imagine -- that's not under my -- you know, that would be the cia. we would have to ask them. but she acted like she had never heard of the question. in other sources, including the new york times, it's been reported that she was saying and was one of the biggest advocates in the administration for arming the syrian rebels. so i think there are a lot of unanswered questions there. what gets in the way is people saying, oh, that's classified, we are not going to talk about it. >> shannon: you referenced scandals in washington. which do you think will be the toughest for the white house? we have benghazi and the irs targeting conservative and religious groups and the d.o.j., very aggressively, looking into

leak investigations. which is the most troublesome. >> i see the similarity between targettings the political opoppets by the irs and the targeting of reporters by the government because i see this as an abuse of power. i think it doesn't matter what political party you are ni have a feeling that most democrats in this country are offended by this because they know how politics go. one time, one party wins, the next year, the other party wins. nobody wants to believe when your party loses, that you will be subjected to humiliation and oddit and financial ruin by a $4 trillion government that becomes a big, naftdy bully. i think naone, which is mostly of the irs, but i think it resonates with people of both parties because nobody wants some kind of politician that would abuse that authority. >> shannon: i want to ask but immigration, another hot topic here and the trust to verify an amendment that you have

introduced. >> we have an amendment that says that schng get to verify whether or not the border is secure. our feeling is that in the past, when we did this in 1986 with immigration reform and we aloud documentation of undocumented workers, that they promised us border security that never came. that's why a lot of conservatives are wary about voting for this. the only way to bring people like me along or conservatives in the house along is if they say, you know what? every year, you can vote on whether or not the border's and you're and immigration reform, documenting the workers, making them part of the system, it only goes forward if the border is security here t. will be a big and bruising battle. they don't want to go through tbut that's the the only way to convince people like me that they are serious. >> shannon: do you have the support? >> we have rumblings of support, but i can't tell you an exact

number. >> shannon: senator, thank you for your time. >> thank jew senator paul's been speaking out about the data collection by the national security agency. so it's your turn. we. tow know what you think, regardless of who is in the white houses, do you trust the government to balance privacy versus law enforcement? tweet us your answers. we will read some of those later on in the show. police in santa monica are trying to figure out why a gunman went on a rampage that started at his father a house and ended up in a college campus that left four people, plus the gunman dead. we have an exclusive interview with one of the victims. hellie, dominic? >> reporter: hey there. shannon. nine crime scenes, police are investigating in part of this very bloody, mile-long shooting spree that began on friday, just

before noon. we understand the police are focusing on the individual sites because there were so many parts of the story of how he left the house where his father and brother's bodies were found dead as the house was on fire. he carjacked a vehicle, told the driver to take him to santa monica college, where police say he attended stool school, back in 2010. they say it is not a school shooting, but clearly from what the witness were saying, he was intent on making his way to the school, where he broke into the library, having killed two people on his way -- on his way there. the police today, however, want making any statements. they still aren't formally identifying him. and the reason for that is they are trying to get in touch with his next of kin. his mother, who believe is somewhere in the missed east on holiday. we got a victim who came face to face with the gunman, she saw

him holding his assault rifle, at point-blank range. he crashed -- she thrust her car in between the gunman and the driver and shouted out, no to him and he opened fire. then he opened fire on her. take a listen. >> he was... so clear and ferocious and quick in his gaze and everything else. he seemed like a person on a mission. and he just turned and looked at me and the next thing i knew, glass was shattering on the passenger side. i felt bullets go into my shoulder and then my other shoulder. >> reporter: four bullet wounds and she was covered in shrapnel. the doctors are leaving the shrapnel, hoping her body will get rid of it herself and thist would cause more problems.

deborah is notice-- the home, resting. she is recovering, expected to make a full recovery. her husband told us, just a few moments ago, she is one very lucky victim. there is another serious victim, one of five in total, whose prognosis is looking very gri grim. the police saying that no improvems in the condition overnight. also, we are hearing today that there is going to be a rally by the students of santa monica community college, in support of the students today. the students are being let back inside the college to retrieve their belongings because the campus went into lockdown when the gunman arrived. >> shannon: dominic, thank you very much. a chilling account from that witness. an update on a story fox has been following closely. sarah, the 10-year-old with end-stage cystic fibrosis is not doing well. yesterday, she was put on a breathing tube. the federal judge has ruled in favor of putting her on the

adult list. but there is no guarantee shy will get a transplant in time to save her life n. light of that and another young boy, awaiting a transplant, the organization responsible for setting the transplant rule is holding an emergency meeting to consider possibly changing the rules. in an exclusive interview, peter johnson jr. has been spending time with the hospital and is live now. >> reporter: on friday, the family invited me in philadelphia to come spend the afternoon with them at the children's hospital of philadelphia and meet with sarah and her parents and her grandparents. and this is incredible. please join me in watching this. >> the arbitrary age and we are asking for an exception. but we are asking to be treated on the severity of her illness and get the treatment that her doctors deem appropriate. they are acting like we are, you

know... asking for this special treatment. and we are not. we are asking them to do what her doctors say is appropriate. it's like the government saying what is best for her when they have never seen her. >> reporter: what does sarah dream about? what does she talk about? when she gets out pedestrian hospital -- >> so she wants these mini teacup piggies as a pet. you know, those teacup piggies. she is trying to talk her daddy into it. >> before c.f. got really... you know, the decline of lung function. she went to school and she did what other kids did, before her lungs deteriorated to the point where she needed new ones. i want her to go back to being like another kid and doing what kids do. >> reporter: real incredible people. they fight for the fight of their lives, this week. tomorrow, the board meets.

thursday, they are back in federal court to hear the arguments that the federal government are making against the family. the family says it's immoral and unjust and unconstitutional that the sickest children have to wait on lung transplants after the healthiest adults get them. >> it's incredible. >> shannon: their number-1 priority is trying to save sarah's life. do you get the sense that they see the broader fight that they for fighting, what happens with her may help other very sick children. >> i think they're patriots in the broader fight. they brought another family, a boy javier acosta who is down the hole from sarah -- down the hall. they both have cystic fibrosis and they can't touch or see each other. but they wave and they have talked down the hall. the family says it helps all children who are dying

inecitably in america. they say it's a dark ages mentality that segregates children from the same type of medical care that adults are getting. and children are dying at the rate of 62% a year, while waiting for a transplant and adults are dying at the rate of 26%. so almost 3 times. what's moral? this is unethical. immoral and unamerican. they're fighting the fight of their lives. an incredible family. >> shannon: a lot of prayers from around the world going there for sarah. we know she is in a tough spot. thank you for bringing us this story. >> return to sender. for week, investigators have been looking for a letter, believed to be laced with ricin. it is finally turned up. we'll tell you all about it. it is not just republicans with the controversial data-tracking program, frar it.

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>> shannon: we cannot defeat terrorism by compromising our civil rights and liberties. that's the mag from three members of the house judirkiary committee. they are calling on the massive cell phone data. they say it's too broad and inconsistent with our nation's founding principles. bobby scott is here live. >> thank you. >> shannon: congressman, thank you for coming inform i know have you significant concerns about how broad this is. you will get a briefing on tuesday, as all house members will. what questions do you hope to have answered. >> what is done with the information after we get t. the concern i had with the original act was that it allowed the collection of data to change the law along it is way from the purpose of the warrant was terrorism to a significant purpose of the warrant information was dealing with terrorism. if it is not the primary purpose, the question many of us

have, what could be the purpose? you if you are getting the informs and terrorism is related but that's not the primary reason you are getting it, what is the reason? are we running casual criminal justice investigation without probable cause of crimes? you the question is, what is done with this information? early on, we got all the -- from one of the problems we were trying to address is the information wasn't shared. you have the cia, fbi and they were not sharing information am once you obtain the informs from the phone companies do you share it with everybody? if you are limiting this to terrorist investigations there would be no problem. >> shannon: the administration says are there are several safety issues built into this. a court has to get involved. the congress oversight, and congress has been briefed. i want to count 13 times that they cite the house judiciary committee with the briefings.

do you feel as a member of congress significantly involved? >> i think most people would suspect that the level -- quantity of information is more than we anticipated. it's not just this administration, the usa patriotism act pass in the previous administration. we have asked questions. and the questions of -- is there some individualized assessment before you get records? and the answer has been yes. there is some individualized calculation. >> shannon: this sounds broad. >> it sounds like they are getting everything. in which case, relevant to what? we need to see what information has been gathered, based on what, what the purpose of it is, what it's used for. when you are sharing information, you are not sharing information with robots. you are sharing information with your neighbors that maybeo may be working with the fbi, the local police, who gettings to

find out who you are calling and that. they say the names are not associated with the numbers. if you have the informs of what numbers they are calling -- it doesn't take a rocket scientist with a computer who -- to find out what names are associated with what numbers. the question we have before us is what is the purpose of it, whether it is limited to terrorism, what can be used afterwards. but certainly, i think the level of information that is being gathered today is more than most of us thought was going on >> shannon: youville that briefing on tuesday and we will watch to see your call for additional hearings, if necessary. thanks for stopping in. good to see you. a lot of kids dream about having a tree house of their own. one little girl had the dream within her grasp, until the government stepped in.

and defending the data mining program. is it necessary for national security? one person calls it an assault on the constitution. that's next.

>> shannon: the national security's broad sweep of american cell phone records. the obama administration wants to know, as critics of the surveillance from both sides of the aisle are speaking out. peter doocy has that and the other top stories. >> reporter: the obama administration's been taking the first step toward opening a criminal investigation into that leak. a source familiar with high-level discussions told fox news that the director of national intelligence has krill filed a criminal report with the justice department and the fbi, which begins the process. investigators are still trying to figure out why a heavily

armed gunman wnts on a shooting spree in santa monica, california, friday. police say the attack that killed four people, including the gunman's father and brother, was pre-planned. a heavy equipment operator is facing involuntary manslaughter and reckless endangerment ever after the collapse of a philadelphia building. he turned himself in yesterday. police say he was high on marketplace marn when the building collapsed on aa store, killing six people. postal workers in spokane, washington, have found a wayward letter, suspected of containing the deadly poison ricin. it turned up after it was returned, plashinged undeliverable. a man was charged last month for accepting four other ricin-laced letters. those are the top stories, right now. shannon, back to you. >> shannon: is the u.s. government going too far isn't broad nsa collection of millions of cell phone data sparking

controversy. brad blakeman, former senior adviser to president bush and penny lee, former adviser to senator harry reid. welcome to you both. all right. brad, we are hearing from democrats and republicans alike, saying we had no idea how far this program went and we are against. it you see bipartisan outrage. but we have some here. >> you have some ignorance on the part of the lawmakers, some of them have come forward should have been briefed. they shouldn't have waited to be briefed. they should have been curious enough to find outer what was going on. now we know on tuesday, there will be a full briefing for the house and the senate, 535 members will be brought up to speed. but the fact is, what the government is doing is necessary for the projection of our country. what george bush started after 9/11 was the missing component in keeping one step ahead of

those who seek to do us harm. in the macro-sense tsounds like the government is overreaching. but we have elected officials, three branches of government, that are supposed to be watching over, the executive branch, the legislative branch and the courts. i am confident that the work that president obama ms. continued, that george bush started, is necessary to keep us safe. >> shannon: penny, one of the things i thought was interesting, greta van susteren talked about when you look at the number of requests that have to be approved, there is only one that was turned down, among thousands that were placed before the court. so when we say alternates a balance, is it a balance? >> nobody wants to be responsible for the one incident that did allow the terrorist activity. that's the political calculation that the president made. he knew that opening up, obama stops program. we do have another terrorist attack -- that's worse than

allowing for the, you know, the data mining, the metadata we are now encompassing. it is a great debate that i think we need to be having. i am glad we will be having it in an open forum. i think the president made the right calculation that it's better to have the information. >> shannon: the companies that we use for email and cell phone, very carefully worded statements from them. but it's clear that they have to participate at some level with the government requests and they get an order from a court, a directive from the director of national intelligence or the attorney general. what role do you think they may play in changing conversation? they are not allowed to disclose when they have an order. >> we live in a free market. the government doesn't own our communications, whether it's the internet or the phone services. so naturally, the private sector has to cooperate with the government because it keeps them safe. so there has to be a reasonable

balance when you are talking about the fourth amendment. we walk through security -- our luggage has been gone through. the vast majority of people in the tsa are good people. but we can't afford that one person who comes in and does a devastating attack, using our free society as a weapon against us. it's a balancing act. all three branches are involved. should we be looking at it? of course, we should. should members be curious enough ton what is going on, and tell the public isn't president said, the first time i learned about something was through the media. i mean, that's unconscionable. we expect our leaders, our government is supposed to prevent bad things from happening, not merely respond. >> shannon: penny, a couple of key in thees on the senate side have tried to raise red flags. they have said as much as they could. there have been the later who is

have been tuned in. >> these people have been consistent. they other than very worried about the activities that were implemented after 9/11. they were worried about the civil liberties being broken or gone after. they have been consistent in this complaint. it is. they are welcoming this debate as well, now that they can have it with declassified information so they can talk about it eighths more freely. because one of the problems that dianne feinstein and others have pointed out, they haven't been able to point to the successes, what terrorist plots they have been able to prevent. that's been the crux. i think that it's a welcome debate and one that is timely. >> shannon: greater to see you. thank you so much. one federal court in washington, d.c. holds a lot of power in federal regulations. now some say president obama is playing politics and taxing the court. or is he just doing his job? imagine that a computer that you

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>> shannon: in the last 90 day, the for the government has posted 6,508 new regulations. when it comes to interpreting how the regulations apply to your life, there is one federal court that plays a key role in making the decisions, the d.c. circuit, one step below the supreme court. this week, president obama named three nominees to take up empty seats. republicans say he's attempting to tip the balance to the left. but the democrats say, it's understaffed. we have a fair and bbs -- balanced debate. great to have you.

>> great to be here. >> shannon: there are empty seats, isn't it the president's job to fill them? >> yes. it's the senate's job to make sure he jill is filling them properly. when the president was in the senate, he certainly thought they should exercise that power. he voted against a lot of judges and filibustered judges. he was the first president to filibuster a supreme court justice. now he thinks hee they should move them through. there are real emergency, the d.c. circuit, there are theoretically have canckies, but it is not the height. they have a much lower case load than other circuits. >> reporter: >> shannon: that's what we are hearing, this is a lower case load and there are votes in the past that take away the seats on the court. do hayneed the three folks. >> the chief justice of the united states thinks so. he and the judicial conference put out a report last month, saying it is imperative that all of these seats be filled.

it's laughable that there are the claims of court packing when all that president obama is doing is fulfilling his constitutional duty tow nominate judges to the vacant seats that need to be filled for the good of the american people. as you said,ed d.c. circuit is a very important court nterms of complex case its hears about regulations that affect the lives of everyday americans. the republicans, when bush was president, pushed very aggressively to fill the seats. and now, all of a sudden, 8 out of 11 seats needs to be filled. they didn't fill that way when bush was president. the only thing has changed is that the americans people have tries voted president obama. the constitution gives him the duty tow fill the seats. he is just doing his job. >> shannon: doesn't he get difference? elections have scwns convinces. doesn't he get the chance to fill them?

>> sure. it is his job to fill seats. he hasn't been doing that overall. 70% of the open vacancies that have no nominee. 75% of the ones that are answered judicial emergencies are not -- are empty. but the american people only elected him with 51% of the vote, that doesn't mean he gets to put his ideological extremes on the bench. he needs to look for a moderate appointee. that's why it's important to have the senate approval and not say they need to be pushing them through, as fast as the president can nominate them he feel needs to focus on the real emergency, not the d.c. circuit, which everyone agrees is not a top priority in relieving the case load. >> shannon: is this politics? it does pick the court that is very popular, people know the import of this court. but it is jtd the one that needs the judges most desperately. >> the president has the duty tow fill all vacancies, part of

the reason he can't fill the other ones is because the g.o.p. senators refuse to play along and give him names. there is an unprecedented campaign of obstruction by the g.o.p. and the senate. it may be a clever strategy that has worked for a large part. but i don't think the american people who rely on access to free and fair courts and justice find it amusing. the president is doing what he can. there are judicial emergencies all over the country. i know that he is committed to filling those seats as well as the see seats on the d.c. circut with the non-ideological judges who will follow the law. as we saw with the judge who was just confirmed unanimously in the senate, those are the people he is putting up. >> shannon: on a scale of 1 to 10, how ugly does this get in the senate where they are threatening thochange the rules if it doesn't get through -- 10 is the worst. >> i think it's going to be ugly, 8.5.

room for improvement, senator reid's on both sides of this issue. >> shannon: 1 to 10. >> i will say 7 and everyone will get back to deciding they need to do their jobs. >> shannon: thank you both the very much. we'll see how it plays out. this is a real-life regulation nation showdown. samantha has been asking for a tree house for years. and they started to build it but they were ordered to stop because of the city's zoning board. >> we had to stop because of the letter that... people from sent it. it made me upset because we spent a lot of time on it. it was really important to me. >> shannon: the carlsons did make their case to the zoning board. the board denied their petition to build the tree house. the board members say they want the girl to have the tree house, but the law is the law. but her dad say the fight is not over. we will queen an eye on it. millions of americans pack up

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>> shannon: it's the busiest time for americans to pack up and move and the biggest time for scans. brenda buttner has the details and >> 8,500 client against movers last year. one of the big areas where there is trouble and let's face it. we don't do it a lot. not really experienced, and very easy for things to go awry. >> some moving scams involve low-balling estimates and holding belongings hostage until you cough up more cash. >> and then lost, stolen, damaged goods and late deliveries. and even an honest moreoverer can disappoint you unless you

know your rights. >> first line of defense iston your rights and get estimates from at least three companies and make a detailed inventory of your most valuable items. >> take photos, videos, describing the condition. and get -- don't rely on newspaper, phone book, or online ads, instead, get recommendations from friends, from family, from reliable real estate agents. >> if a mover can't or won't provide an address or information, move on. >> never hire a company that relies solely on a phone or online estimate or one that requires large dpoeeposits, tha bad news. >> contact your moreover emover immediately if items are damaged or missing and never sign a document releasing them from liability if you have complaints, post them at consumer affairs.com. back to you. >> brenda, great information. thank you. >> thank you. still to come, senator rand paul wants to take the nsa data

mining controversy all the way to the supreme court. do other senators agree? we'll ask the senior republican on the senate judiciary committee, senator chuck grassley, coming up. the irs isn't the only agency accused of bias against conservative groups. what other groups are making groups pay for their political beliefs. the boys used double miles from their capital one venture card to fly home for the big family reunion.

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while congressional hearings focus on the irs, the environmental protection agency also being veinvestigated for allegations of a similar political bias. senior correspondent eric shawn reports. >> brigitte: the environmental protection agency is accused oa groups fees for freedom of

information act requests, while not charging liberal groups at all. >> it's not fair to the american taxpayer, can expect and demand that the epa treats everyone equally. >> brigitte: research from the competitive enterprise institute, a conservative washington thinktank shows 90% of the time, the epa refuses to waive fees for conservative groups, but does for liberal ones. >> earth justice was batting 17-19. sierra club worst at 70% granted. 11-15. you add up some other groups and we had 75-82 granted like this, because these are the groups that epa decided are favorite groups. >> brigitt agency policies treat groups k equ equally. >> our policy is to treat everybody the same on that.

>> but tim murphy says political targeting by administration agencies deeply troubling. >> with the people with the irs testified, some of these things may not be illegal. but they can be wrong and that's what people expect their government to not be acting in these ways, but be fair and just and truthful in informational crux. >> the epa may launch its own investigation. the agency launch of the inspector general is considering doing just that. in new york, i'm eric shawn, fox news. a race for life. a 10-year-old girl that needs a life-saving young transplant waits and hopes. a live report on sarah murngahan. and national security versus

your privacy, the revelations that the nsa is searching through phone records and internet searches. senator rand paul is calling for a supreme court challenge, and republicans accuse president obama of playing politics. the top republican on the senate judiciary committee, jchuck grassley. hour number two starts right now. it's a story that fox news has been following very closely. sarah murngahan, the 10-year-old girl with end stage cystic fibrosis is not doing well as she waits for a life- saving lung transplant. we have an exclusive interview with the family. >> sarah intubated yesterday afternoon which means she is now breathing with the help of a

ventilator. her family says she is sedated and resting. but dr. mark seagal says the new development not a good sign. >> not a good sign. i'll tell you why. sis cystic fibrosis scars the lung and builds up pressure. the higher the pressure in the lungs, worst it is. with cystic fibrosis, they can build up dramatically and she could die. >> reporter: she is battling for her life at children's hospital of philadelphia. she has been on the children's waiting list for a donated lung for 18 months and doctors told murngahan's parents she only has weeks to live without a transplant. she is now on the adult waiting list after a federal judge suspended the under 12 rule which has previously limited her options for an available lung transplant. the judge made a similar ruling for 11-year-old savijavier acosf

new york. current transplant policy will be reviewed. we spent some time with the family at the hospital and asked sarah's dad what his daughter's life will be like after the transplant? >> just she goes back to school. be just like all the other kids. before we really had the decline of lung function, she went to school, did everything other kids did before her lungs got to the point where we are i want to go back to being like another kid and doing everything that kids do. >> and we are keeping contact with sarah's family today and bring you updates as we get them in the news room. >> thank you very much. >> thank you. they invaded our privacy and i had see if i can challenge this at the supreme court level, will be asking all the internet providers and also phone

companies, ask your customers to join me in a class action lawsuit. >> that was republican senator rand paul, speaking out on revelations that the nsa is secretly mining data from millions of americans. rand paul wants to file a class action for an extraordinary invasion of privacy and an violation of the fourth amendment. >> this is a general warrant, what we objected to when our founding fathers partly fought the revolution over. they didn't want general warrantses where you could go house to house with soldiers looking for things or now computer to computer or phone to phone, without specifying who you are targeting. >> he feels the government is looking at too much information at once. the government could have caught boston bombing suspect tamerlan tsavraev's trip to dag estan.

check out more after our show at 2:00. and we have reaction from the surveillance news. congresswoman, thank you for joining us. >> thank you, shannon. >> what are your concerns? some colleagues and folks on both sides of the aisle troubled by this. others say the american people knew we had to do things that would help aus tack terrorists, and that's what we're doing. >> i'll be interested in hearing from officials when we get the briefing on tuesday. president obama, of course, once again, misstated the truth when he said all members of congress have been briefed. we all knew about this program that is not true. but the problem with this administration, this is a pattern of deception and a pattern of trying to target political enemies and that's why there is so much mistrust in the country right now about this

program, because we saw what happened with benghazi, a total distortion of the truth, that is still going on. and now susan rice has been elevated to this position of power, she is being rewarded for her political talking points, having nothing to do with the truth. we saw the irs scandal, where they are targeting conservative and republican groups, and seen the fast and furious and eric holder refusing to take responsibility for his action, it's been one scandal after another and this is a president who campaigned and clearly stated that he was totally against president george w. bush's policies regarding surveillance, interceptions and trying to track people who are trying to do harm to our country and now he's totally changed and makes it seem like what bush was doing, totally wrong, but what he's doing has that strike that delicate balance. we have a lot of mistrust on both sides of the aisle because of the pattern of deception we've been seeing.

let's see. of course i'm for the delicate balance. we have to keep homeland safe, national security, paramount. let's see how they got the data, what they are using the data for and some healthy skepticism about what has been going on. >> i want to ask you, because you mentioned ambassador susan rice tapped to be the president's national security adviser, a position that doesn't mean she would go before the senate, any of your colleagues on the other side of the hill to answer questions about benghazi. but for the president to choose her, it resparks the conversation about benghazi. do you think it will raise more questions and create more trouble? do you think the president knew it was coming when he assigned the new role? >> i think her appointment to the new role is clearly to avoid any senate confirmation or questioning of her mishandling of this benghazi tragedy, a terrorist attack, the president said he clearly called it a terrorist attack the day after.

that is untrue, and susan rice being rewarded being loyal to the american people. not loyal for the truth, but loyal to the president and keeping the same talking points and the same stretching of the truth and that's being mild about what went on in benghazi, resulting in the deaths of four americans, not just the ambassador, but three other brave and we're still finding out details about how those talking points were drd, how they were changed. what merited her change from the u.s. ambassador to the u.n. to this highly valuable position of national security adviser. what credibility does she bring to the table when she meets with joint chiefs of staff, with members of the president's security team, and she -- she will be looked upon as a mouth piece for president obama, a very -- a person loyal to the

president. but what grafvitas, credibility does she bring? i think she little. she has to answer for the benghazi statements and distortion of the facts and the families of those four dead americans deserve to know the truth. so i think it's a very bad announcement of this news. i don't think she merits it, and it brings down the importance of this position. but she's clearly being rewarded for helping the president out of this jam. >> congresswoman, we know the investigation into exactly what happened there is far from over. thank you for your time today. >> thank you, shannon. have a great weekend. >> we have been asking about the government and the information. can the government, regardless of who is in the white house, be trusted to properly balance your privacy? the government can only be trusted when a nonovertly

political person goes to the white house? i get the point, but i don't know if this person exists. yes, if a president commits to the oath taken to support and defend the constitution. it's about character and honesty. keep your tweets coming, we'll read more at the end of the show. thank you for weighing in. another late friday document dump from the administration. the state department gave darryl issa 100 pages of information regarding the benghazi talking points late friday night. it is said there will be no new revelations, but are they hoping this will get lost in the scandal shuffle. chris wallace joins us with insights. >> word. word up. >> okay. so you have to think benghazi was getting lost a little in the shuffle with the irs and the doj tracking journalists, all of the other things, the late document dump on friday, that's when we expect these things to come. >> sure. >> by that signal, the

administration wants to close the book on benghazi, but talking about elevating susan rice, it seems like it will keep the conversation going. >> certain degree of what the -- the nixon era term, brazen it out, that if you think you've got vulnerable, as they clearly do on benghazi, the way you deal with that, is what about susan race? the nsa, that's what we're doing. and it is sort of confrontational, but also, as the congresswoman pointed out, a means by which you can circle the wagons and bring the people really royal to you and in susan rice's case, willing to take a hideous hit for the president before the election and go out, do that being on sunday morning talk shows, a reward and way that somebody who has proven loyalty can do it. benghazi, there is a critical mass that you get to when you have this many scandals this much stuff going on, and you --

and have you all of that, benghazi is different than the others in this sense. benghazi is one that doesn't touch the lives of americans every day, it is a massive historical significance, could say a lot about whether hillary clinton is successful in the run for presidency. a lot about the president's foreign policy. but in terms whof it touches, the irs, department of justice and the national security administration's ability to snoop through your e-mails, that touches every american. those are everybody. so benghazi, these e-mails aren't going away. those who believe this is what it is. they won't miss a single pixel in the pages. >> and congressman ros leith leithinnen, just talked about. something we don't think about on the daily basis, they won't let that fade away. people who are directly connect whod have come forward, talked

to us at fox and adam housely and others and share what they know, and you have to wonder, will that build the critical mass? others will say i'm confident whistleblowers survived the congressional testimony. gregory hicks on the hill and if others will say the other scandals die down, another puzzle piece on benghazi. >> we know from talking to lawmakers, more out there, trying to put everything together. i think there is also this, though. for an administration, the greek term that everything bad happens to you, you are snake bit, nothing good. obama agnostes, every day, a new bad revelation for the president. you dump documents out when things are heinous, and it's like, so it continues to be heinous. they are hoping to circle the wagons or get in the bunker, whatever analogy you like, ride it out for this period of time, and by labor day when eric

holder is gone, the situation is different, they will have this all in one period. >> you think eric holder gone by labor day? >> i think when they do their next turkey drop it may be eric holder. >> very interesting. you heard the prediction here from the man who knows these things. tomorrow morning 1s1:30 on the internet. >> new details on the shooting rampage on friday in santa monica. the shooter carrying more than 1,000 rounds of ammunition. leading them to believe the sho killings premeditated. he killed four, including his father and brother, and here is an exclusive interview with a woman who was wounded. >> next thing i knew, grass shattering on the passenger side, bullets go into the shoulder, and my other shoulder. my car crashes because i had

been -- i didn't have it in park, and then i went down to the passenger side and just pretended that i was dead so i just laid as still as i could. >> and this just in. debra fine has been released from the hospital, glad to hear that resting at home. and we'll have some other surgeries and treatmented, but she is expected to fully recover. senator chuck grassley create president obama creating a constitutional showdown, trying to make appointments when the senate not in recess. vowing to fight the administration on these so-called recess appointments and very appointment to a very important court in d.c. he will weigh in on the nsa privacy scandal. first, president obama pushes his counterpart from china on cyber security. our next guest, an expert on

china foreign relations. we'll talk to gordon chang, right after the break.

president obama will soon return from his meeting with the

chinese president. a top official says the two men engaged in serious discussions on the military, human rights and cyber security is now at the center of the relationship between the world's largest economies. our next guest, gordon chang, wrote that what matters is not friendship, but for the chinese to destructive lly that is involved in. what should we take from the meeting? what is important from the two world leaders getting together? >> not that we establish a friendship. everyone is saying, you know, if obama is friends with the president xi jinping it will lead to good relations. to the chinese, friendship is not important and sometimes when you try to be friends with you, they scorn you because they think it's a sign of weakness. what we have been doing in this administration and last one as well is counterproductive.

china's behavior, worse, not better and our assumptions on policies are probably wrong. >> even if the white house comes out like it was a good meeting and reached some agreement, i know you said that may not necessarily hold up back home when the president returns to china. >> china has never been very good in adhering to agreements, but now there is an added layer of complexity. problems inside china a faltering economy. a political system in disarray, the rise of the military. and beijing cannot maintain good relations with other nations like us and it becomes politically possible to adhere to agreements made. that would be sort of bowing to the foreigners as they would say. i think right now this is not the right approach. the right approach is making sure we imply -- apply disincentives for bad behavior. if we do that then the chinese will stop, the cost of this is much higher than the benefits this they get from cyber security, south china sea, the rest of it, they will stop.

>> what are the -- the measures we could take? sanctions economically, what could we do? >> all sorts of things, right now, china's economy is in trouble, growth only a third of what is advertised. last year's, china's trade surplus, 136.3% of its overall surpl surplus. we have enormous leverage, especially now that china's economy is fragile. we have got the tools. the only question is, whether we have the will to use those tools. >> it doesn't appear to many people we don't currently, and certainly in different administrations across the board this tension. does this administration step up? >> well, i think eventually it will, because it will have no choice. this administration, like the one before it wants to have cooperative relationships with beijing. who doesn't?

the chinese quite belligerent. they have been giving the north koreans mobile missile launches for nuclear capable missiles that can hit the united states. president obama's signature policy, the pivot and we'll see some more aswell. >> gordon chang, thank you for your insight. >> thank you. coming up, mississippi enacts a controversial new measure at fighting teen pregnancy. wesley marshall, and marc davis join us for a fair and balanced debate, next. and the ranking member of the senate judiciary committee, chuckassley, tells us what he thinks about the government data mining, coming up. onstipation, 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.

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encroaching on the personal information of mesh samerican cs

and help enhance american security. is the administration getting right or going too far? joining me now, republican senator from iowa and ranking member on the senate judiciary committee, chuck grassley. >> glad to be with you, shannon. >> let me ask you. a number of members of the administration and supporters say there are checks and balances, a court has to approve orders and in addition, congress has been briefed numerous times, including the senate judiciary committee. where do you stand on this? >> i think we obviously have to have a program to keep track of terrorists that want to kill americans, number one responsibility of the federal government is national security, and i think that what we have gotten into here is a lot more than was described to us in our security briefings, i think there is great overreach, and i think now instead of dealing with quality, because it's the quality of the intelligence you want, not just the quantity of

it, it seems to me that what we were told was that, you know, you know about joe blow that's a foreign terrorist, we got to keep track of him, and if he's talking to somebody in the united states, we need to know that, or if he's talking to somebody in another country, but the line goes through the united states, we got to be able to keep track of it in order to keep on top of it, and we know that it has stopped some terrorist activity, so it's a necessary thing, but it goes much beyond what i think i was told that you -- you would be looking out for an individual or individuals that were talking to each other, not three billion phone calls a day that you are going to keep track of. >> do you think there has been a lack of communication on key issues, this and others? this week, you gave an interview, where you said you haven't got a call in four years, and you used to talk about important things? >> of course, the president isn't going to brief you on

stuff like this. he will give you information about support on it. if you want to get information, is this the right public policy, the right checks and balances in place, you are going to have those briefings in a secure room by the people who operate the program and know about it, and it is true that you can't talk about it much, and if you could talk about it at all there wouldn't be all these questions, but you can't talk about it, because you don't want your enemies to know what you are up to. >> very quickly, i want to ask you, showing you on the screen, three folks nominated to the d.c. circuit. ranking republican on the committee. a lot of talk the republicans are blocking the president's picks. >> let's get over this question that we are blocking the picks to the court. we have approved 190, 1-9-0, so there can be no case made if you have a 99 plus percent batting

average we are trying to block people coming to the court. in this particular instance, democratic senator was speaking to a political fund-raiser, and he said, you know, we've got to pack this court. the second most important court in the world, and the president needs to get it filled right now. because it's overruling him, for instance, said he acted in a nonconstitutional way in interim appointments to the nlrb. that's the point of the judiciary, a check on the president, a check on the aexecutive branch -- or the legislative branch as well and that's the way the checks and balances system of government works. >> a delicate balance. senator, we're keeping an eye on it. thank you for your time today. >> thank you very much, good-bye. a look at other top stories, the top dem grat on the watchdog get, a self-described conservative republican says no one at the white house directed the agency to target tea party

groups. a heavy equipment operator facing charges following the collapse of a philadelphia building. sean benschop turned himself in yesterday. authorities say he was high on marijuana when a wall collapsed on six people. a wayward letter, suspected of containing ricin. the letter turned up after it was returned, marked unbelievable. a man charged with sending four other ricin laped letters. a look at more top stories. doctors will start collecting dna from babies born to young moms and it will be taken from the cord blood if the mom 16 or younger and the baby's father is older than 21 or unknown. it's meant to target teen

pregnancy or statutory rain. we are joined for a fair and balanced debate on the controversial new law. welcome to you both. >> hi. >> the governor says mississippi has the highest teen birth rate in the country. they have to do something to channel that. they want to see if younger women are abused by older men, statutory rape or something else going on. does this get the job done? >> no. absolutely not. and i want to clarify, i'm a mom, i have two children, i have a daughter, and i certainly don't want any woman or young woman to be the victim of rape. statutory or otherwise. however, this country, we have a presumption of innocence, and the problem i have with this, it's a presumption of future guilt, dna is kept forever, and currently we are running dna on people suspects who are actually convicted criminals. i also realize that less than one in ten individuals who is

assaulted, raped, statutory or otherwise, is reported. but this is not the way to do it. and as far as reducing teen pregnancy. the only way you will reduce teen pregnancy, stop them from having sex or provide protection. >> mark, this is very private and personal, taking dna from somebody. these are young girls and they are in a posititough position as is invasive. >> let's start with the starting point, if you are 16 and don't know who the father is, and the father 5, 10, 15 years older than you, that something bad has happened there. striking the balance between privacy and law enforcement is a valid arena of debate. i had come down in favor of this, because i think it will have a chilling effect on the average 30-year-old looking to impregnate the 15 well. it doesn't go to the dna

criminal database. it goes to the medical examiner's office. it is not a presumption of guilt. it's a guard who may we can find people who are guilty. >> leslie, do you feel any better that this isn't going into the dna criminal database. held in a different place for this very specific issue? >> oh, come on, guys. did we just have huge stuff all day all week about nsa, who is going where? i think it's beyond splitting hairs and quite frankly, opens the door for a defense of possible statutory rapists down the road and, listen, i got to tell you, although i was not sexually active, when i was 16, i dated a 23-year-old, there are kids definitely out there having relationships with people who -- my husband is five years younger than me. people that have an age gap and a lot of teens, unfortunately, sexually active and some of these -- many of these acts might be consensual.

>> they might be indeed. however, if you are 16 in most states, you're not able to offer consent. i am no one to comment on anybody else's life. but a 16-year-old and 22-year-old dude, probably not good. this isn't an overall judgment on you or anybody else in those kind of age difference relationships. the high percentage of pregnant teenagers, where the father is notton or way older, or may have been statutory rape and may have been, and in the off chance, wouldn't it be worth finding serial offenders. >> quickly, we have to go, thumbs up, thumbs down, does this go to court? >> thumbs up if somebody will sue over the law. >> it will definitely go to court, i hope it prevails. everything goes to court these days. >> we'll end on that moment of agreement, leslie and mark, think we'll see a legal challenge. thank you, both. >> thank you, shannon. an update on the story we've been following the last couple of days. the shooting in santa monica.

according to the president of santa monica college, a fifth victim has died. five victims in addition to the alleged gunman. the president wrote in a letter to the college that marcelo franco passed away this morning. her family was with her. we knew she was very tough condition. condolences to that family. still to come, one of the simple pleasures in life. going to sleep on a nice, clean set of sheets. we'll introduce to you a woman who is making sure our troops getting medical care in afghanistan have nice clean sheets as well. [ female announcer ] doctors trust calcium plus vitamin d 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. has oats that can help lower cholesterol? and it tastes good? sure does! wow.

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i'm excited, nervous. i can't wait to see her face and hug her and hold my little sister. >> a heart reunion for michael and his sister alana. surprising her before she walked into her high school graduation

ceremony. he's returning from a two-year deployment overseas. >> saw uniform, saw the face, didn't click it was my brother. he skyped last night and telling me he was in colorado, and he is so sorry he couldn't make it, and i was in tears, and it's good to have your family here and siblings here to support you. >> michael went on to join his family in the stands, cheering for his sister, as she got her diploma, welcome home. helping soldiers in leave. when a woman found that troops in afghanistan were using sheets that were torn and stained, operation bed sheet was born. we have the founder and troops need you. welcome to you, both. >> welcome. thank you, shannon. appreciate you vn me on. >> tell us what the need is, and

what you are trying to do here? >> well, several months ago, i talked to a very close friend of mine, whose husband is serving in afghanistan and his unit was getting ready to change operation and personnel, and he was really concerned that the sheets in his unit were old, worn, stained and really wanted new sheets so the new personnel that came in would have a new, fresh start, and morale would be great for them and serve and take care of wounded military. and she called the right person, because i took it from there. >> we sue in action, packing them up. and eric, our viewers will remember, you have been on many times before, to talk about how you get things to troops, specifically what they need, what they requested. how did you get involved? >> this is a great example of the initiative of the american citizen like roxanne. you found out about it we got connected with roxanne, taking care of a lot of the logistics,

shipping, double the size of the order. some of the bed sheets going out next week. viewers of your show in the past have seen us come on and they've said, hey, i know of a need in afghanistan and remember, this is a combat hospital. this is where when guys get blown up or shot, they get medevacked here before they get stabilized and then to a hospital. we need clean bed sheets for them. and i'm sure most of them do, and this one doesn't, and it's time for american people to step up and help. and that's what roxanne did. >> reading accounts they would say some sheets were torn, blood stained, just keep washing them, but all that they had, when you heard that as an american, what was your reaction? >> well, my faith tells me if you are in service of fellow being, are you servicing your god and these people help us to have religious freedom and i took it upon myself to coordinate with other people and

the american people went crazy. i was contacted from hong kong, from anchorage, alaska, you know, state, countrywide from california to new york. the american people are generous, they love their troops. our military needs to be supported, and it warms my heart. this has nothing to do with me. has to do with love and support that all american people have for the military. >> eric, quickly, have you served our country. being there on the front lines but also helping. what differences does it make to the troops when things like show up? >> it makes a world of difference. a lot of people send care packages, things comforting and encouraging, but things for the mission, that's where the troops need you folks. i was out with units that needed folks, it's a chance to directly support the mission. that's what roxanne has done, and we're excited to support the effort.

>> troops need you.com, roxanne and eric. thank you for what you are doing. >> thank you. and thank you, eric. >> you're welcome. still to come, a 51st state may be in the works, not talking about part of texas. while several counties are ready to call it quits in another state. and then ben stine in the house, new mixed job numbers out there. are we really in an upswing? we'll ask our expert, ben stein, next. accomplishing even little things can become major victories. i'm phil mickelson, pro golfer. when i was diagnosed with psoriatic arthritis, my rheumatologist prescribed enbrel for my pain and stiffness, and to help stop joint damage. [ male announcer ] enbrel may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders, and allergic reactions have occurred.

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police say they have pulled a missing teacher's car from a new orleans bayou and there was a body inside. they couldn't immediately say whether it was carolyn monet.

peter ducey live in the newsroom. >> she was last season leaving a bar in march. now a diver resurveyed the bayou and was last seen leaving a bar. her family has accused the new orleans police department of mishandling the case. she had been nominated for the teacher of the year award. very sad. a family in idaho says they received a letter that they believe was written by their son who has been a prisoner of war for four years. sergeant beau bergdoff disappeared from his base and is believed to have been held in pakistan. the red cross says he is doing as well as can be expected. eight counties in colorado are mulling the formation of a new state. they are update about the gun control laos and regular laces on oil and gas. according to the u.s.

constitution, sat legislatures have to approve the creation of a new state. county commissioners say they will decide by august 1st if they are going to draft a ballot measure. for more, logon to foxnews.com. >> thank you, peter. the latest jobs report is in. the u.s. added 175,000 jobs in may. the unemployment rate ticked up as well to 7.6%. the numbers are still far short of what economists believe we need to keep the unemployment rate down significantly and for good. economist and author of "what would ben stein do" joins us. you are the smart one. >> i'm not the smart one. >> more people joined the labor force and the way the calculation works involves some subtraction and addition.

if you have a great many more people joining them, the percentage of unemployed will rise. >> what we got, was that good or bad news? >> it is good news. we are in a recovery, no doubt about it. the question is, are we in a self-sustaining recovery or a recovery which will only work if the federal reserve continues pumping $85 billion a month into the economy. now, it may be the federal reserve will have to do that for a very long time. they can do it for a very long time. they have all the money in the world. they have literally all the money in the world. >> they have printing presses. >> they have all the money in the world. >> how does this work? this is so-called quantitative easing. if you are not an economist, what does that mean? >> it means they are putting lots of lots of money in the banks, insurance companies and mostly banks. the banks will presumably want to lend it and lend it cheaply. rates for borrowing are

unbelievably low. banks make it difficult for you to get the loan but if you can get the loan, the rates are incredibly low. that is propelling the economy upwards and pushing the stock market straight up. the rise in the stock market has been unbelievable. all that is good news for the economy. >> is it sustainable, though? >> well, nothing is sustainable forever. i mean, even the young and beautiful women like you will not be young and beautiful forever. so nothing is sustainable forever. it could be sustainable for quite a long time. usually, a recovery, once it starts, will last for several years. then, there will be a correction. there rarely is a correction as bad as the last correction. the last correction was astonishingly bad. we should not expect any kind of correction that bad. >> this pumping money, what is the backset? >> there is nothing backing it. we trust our government, because they have done such a great job for us over the last many years.

we trust them. their money is as good as anything else. there is nothing backing it, no gold, no silver, no platinum. it is just we trust them. >> you are smiling. >> we trust them because that's what everybody else in the world does, except for a few small countries like carhub.com, a credit card comparison website used a variety of measures to figure out the answer, denver.

from hours work to average wages to industry variety. after denver, boston and minneapolis round out the two three. we asked, you answered. some of the twitter responses we can actually read on television. what you think about the government taking your personal information next. e verizon share everything plan for small business

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the seattle airport has opened a new terminal, called terminal bee. the hives are going to help beef up the bee population. the airport says the bees are a good fit because of their similarities to aviation. >> time for your twitter answers. we have been asking, regardless of who is in the white house, do you trust the government to properly balance privacy versus government?

d dami damian says yes. kathy says, i'll trust the government when they are totally transparent with us. that's it for us here, fox news sunday is up next. thanks for watching fox news where we remain fast and fearless. i'm chris wallace. today, are we getting closer to big brother? >> this is a big deal, a really big deal. >> critics call the secret collection of millions of american's phone records government overreach. others on both sides of the aisle say it is keeping us safe. >> you can't have 100% security and also then have 100% privacy. and zero inconvenience. >> it is legal. it has been authorized by congress. >> we'll talk about senator rand paul who sees a pattern in the surveillance programs and the administration scandals, an assault on the constitution. then, we'll get