speech at gretawire.com. thanks for joining us to a special on the record. we'll see you all on monday. good night from washington, d.c.. >> gregg: fox news alert, a brand-new revelations about the government's widespread surveillance of millions and millions of americans and the identity of the man who leaked that story. hello, glad you are with us. welcome to a brand-new hour. >> patti ann: i'm patti ann browne. the guardian that first broke the story is now revealing its source. a 29-year-old nsa contractor spilled the secrets. >> gregg: steve centanni is live. what can you tell us about the person that leaked this information to the media? >> he is an american that used to work for the c.i.a.

named edward snowden. he is now employed by defense contractor working at the office of the national security agency in hawaii where he lived. he recently flew to hong kong where he remains at this time a he gave permission for his name to be released. he says greenwald says she performing a vital public service. >> there is no harm from no national security that they are tapping into the internet and planning massive cyber attacks. these are things that the american people have a right to know. >> greenwald doesn't have a clue how this works. neither does the person that released enough information to be dangerous. >> reporter: and members

have a right to know what is being done. >> gregg: are changes being discussed how the government gathers information? >> senator rand paul condemns the government surveillance. he proposed this unique way forward. >> i'm going to be asking all the internet providers and all the phone companies, ask your customers to join me in a class action lawsuit. if we hit ten million americans saying we don't want our phone records looked at maybe somebody will wake up and things will change in washington. >> reporter: meantime, the nsa is asking the justice department for possible charges against snowden. >> gregg: i suppose any customer would have legal standing to file a class action lawsuit. we'll wait to see what happens. this could be a big and long legal battle. >> tom: snooping scandal is just the latest in our

government's controversial spy programs. in 1978 you may recall congress passed the fisa creating a super court to sign off on wiretapping and search warrants. fast forward to 2001, one month after the terror attacks they rushed the patriot act in law giving the government unprecedented authority to track suspected terrorists. in late 2005 "new york times" revealed under the orders of president bush the nsa has been using warrantless wiretapping for years. u.s.a. uncoverings they are secretly collecting phone records and storing them in a giant database. 2007, congress approves changes to the fiva act allowing the nsa to eves drop on certain conversations without approval from the secret court. then in 2011, president obama signs a four-year extension of the patriot act provisions on record

searches and removing wiretaps which brings us to last week. bombshell reports the british newspaper guardian that nsa is collecting all kinds of data on millions and millions of americans. later in the program, we're going to be talking more about this with judy miller joins us to talk about what this means for our security and safety and the possibility that terrorists could actually be slipping through the cracks. >> patti ann: gregg, in other news, the death toll is rising in that santa monica shooting spree. a young woman who was critically injured has now died. that brings the total number of victims killed by the gunman to five. police in california say the shooter who you are seeing in the surveillance photos planned the ram package and was heavily armed when they shot and killed him. dominic has the latest. >> reporter: he was just 26

years old. she was wasn't able to survive the injuries. she was traveling in the car with the father, it was the red suv that bolted out of the campus on friday that collided as the gunman opened fire. he died at the scene, as well. santa monica college's president issued a statement. marsala had registered to attend classes this summer at appropriate time the college will convene a campus right memorial. the foundation established a memorial fund honoring him and his family. he was 68 years old. he had worked at campus for some 22 years as a groundskeeper. he was working to put two daughters through college. we understand one of the surviving daughters on facebook said that her life had been destroyed.

a church service held for franco and apparently not the first time that the family has experienced tragedy. apparently a couple years ago a brother in the family was killed in a car accident. a lot of tragedy and pain suffered too much for one family. students are being gathered over the bundy campus together with counselors along with counselors for students right through the end of the month. and this is something the students requested. about 70 turned up. they were seeing hugging and crying with some of the counselors. we understand there will be a vigil held during the graduation ceremony after final exams still take place starting at 7:00 a.m. it's going to be very heavy thoughts on students' minds. >> patti ann: dominic, thank you.

>> gregg: former south african president nelson mandela spending a second day in the hospital. he has respiratory problems. 94 years old and he has battling a recurring lung infection. he was rushed to the hospital yesterday morning in serious condition. supporters are praying for his recovery. this is the fourth time he has been hospitalized in just the past six possibly. >> patti ann: in turkey tens of thousands are flooding the streets for a tenth day of demonstrations. now, the prime minister is rallying his supporters in the face of growing turmoil. conor powell is live in jerusalem. >> they are trying to keep up the pressure on the government in turkey killing a for more protests and rallies in the coming days and weeks. so far we haven't seen the hundreds of thousands of people pouring out into the streets of istanbul and around the country at the height of the protests in

egypt just two years ago. the saying in turkey is calmer than it was but it's far from over. last night police and pro-government supporters clashed with anti-government protestors in ankara, 5,000 people streak to the streets. at times it got violent with police using tear gas to disburse the crowd. aside from the violence that we saw last week has largely disappeared. several thousand people defy orders to return home but it's more fegs active. its peaceful protest. the target of the protestors that critics say is authoritarian and anti-democratic. he is remaining defiant. today he issued a challenge to his critics to beat his party at ballot box, but

his party and his governmental has already said they will not call early government elections the next few weeks or months. any chance that critics will beat the party at ballot box will have to wait several more years. >> patti ann: thank you. >> gregg: officials from north and south korea holding the highest level talks in two years this morning. delegates from both sides meeting in a so-called truce village located in the demilitarized stone and building a closer relationship between the two governments and coming months after rising tensions between the two. >> patti ann: scorching heat taking its toll at two high school graduations. 25 people required treatment from the triple-digit temperatures including at least 12 sent to the hospital. fire officials say there

were so many victims at this ceremony in brentwood they treated it like a multicasualty incident. how long will the heat stick around? janice dean is live. >> we'll see a little bit of improvement as we get through the workweek. for the southwest we're in dangerous heat. take a look at some of the temperatures. these are records across the southwest. 112 in loose vague. fresno, 108. arizona, 103 and this is going to be continuing throughout the day and on shore flow that will bring temperatures down slightly. 106 in las vegas. 101 in yuma, 100 in barstow. it's unbearably hot. then 102 in las vegas.

its dry heated so to speak so a lot of humidity in the atmosphere but still encouraged to stay indoors. excessive heat warning continues through this evening for all the cities. then the new workweek, a little more onshore flow bringing temperatures down. look at las vegas, a hot streak so to speak, sunday, monday and tuesday all hundred degree days throughout the next five days. if we could switch gears, severe weather across the mississippi river valley and tennessee river valley, thunderstorm watch in effect for missouri until 9:00 p.m. it's just a medication across the tennessee river valley toward the mid-atlantic. we have a tornado warning for south carolina. a lot of these storms could reach severe limits and we'll keep you posted. taking a look, widespread region across the mississippi river valley, across the tennessee river valley and also the florida

panhandle could see large hail, damaging winds and isolated tornadoes. we'll keep you posted on all the watches and warnings and excessive heat that continues throughout the southwest. >> patti ann: thank you. >> gregg: if you are in vegas around 110 degrees, you don't really care because you are in a nice cool casino, is sits go at blackjack table with a white russian. i have no idea what i'm talking about. confidence in the competent is up and uncertainty is down. why aren't more businesses hiring? brenda buttner knows what she is talking about even though i don't. she will be joining us next. >> patti ann: critical week for immigration reform. congress begins debate on an ambitious and controversial bill. does it have a chance. a fair and bal-9eú debate coming out. >> gregg: a graduation present like no other for a soldier sister.

touching reunion coming up ahead. >> i'm excited and nervous and i can't wait to surprise her and hug her and hold my little sister.

♪ >> patti ann: fox news alert. british newspaper is

revealing the source behind leaks about the u.s. government's widespread collection of phone and computer data for millions of americans. guardian newspaper says the nsa insider is edward snowden. he works as contractor at nsa. he is also a former c.i.a. employee. guardian is revealing his identity at his request. he is quoted as saying, i have no intention of hiding who i am because i know i haven't done anything wrong. guardian and "washington post" detailed how they track phone calls emails and more records. obama administration is reportedly preparing a criminal investigation into the leaks. >> gregg: there is a new study out that suggests that we could be on a verge of an economic boom. take look at this chart compiled from data researchers at stanford university and university of chicago shows economic

uncertainty index. uncertainty as you can see is falling. does that mean happy days are here again? number of factors to consider and here is go through it with us, brenda buttner, anchor of bulls and bears. and it means optimism is up but is that real or is it false optimism. maybe just fleeting optimism until the next report? >> that is good point. confidence is at pre-recession levels, but that is largely in part because two of reasons. the housing market is up and the stock market is up. housing market is hardly on a good foundation. we don't know if the recovery is really here yet. the stock market is showing some signs of volatility and uncertainty. consumers may be feeling optimistic because of those things, but we don't know where they are going. >> gregg: economists have

always said policy uncertainty is holding back economic growth, which is probably true. now they say, guess what, it has changed. i'm not so sure about that. obamacare has not been fully implemented, businesses all over america can't figure out what means for them, isn't that definition of uncertainty? >> that is right. if you look at obamacare we're already seeing some small businesses taking full time workers and putting them to be part-time workers so they don't have to provide the benefits that are under the plan. then there is also, we don't know what kind of regulations are coming out of the white house through executive order. there is a whole host of uncertainties feerngs the index down. >> gregg: and potential government shutdown you have the budget battles over the summertime and you get a debt limit deadline yet again, even more uncertainty? >> basically because people don't know if they are going to be facing tax increases.

more money out of their pocket. we did see the payroll tax increases did have an impact on spending. even though optimism is up latest gauge of spending is that it is flat. that is the real driver of this economy. >> gregg: put a couple of graphics on the screen. here is where the obama recovery stands. it ticked up real unemployment is 10.9% or higher. g.d.p. is a meager 2.4%. then here a quote from director ucla forecast -- it's not a recovery. it's not even normal growth. it's bad. is he right? >> to some extent. it is a recovery. we're not in a recession but we had a session that bent like this. it was worse since the great depression. now we're having a recovery that is barely flat lining. that is hardly the kind of growth that we would need

to take our wealth back to pre-recession levels. >> 49 months in the reagan recovery brought the unemployment down to 5.5%. he did it differently. >> and also taking back government regulations and we're seeing the opposite of that, as well. that is really the focus point of the debate. do you have tax cuts, tax increases, more spending -- that is where we're coming down. >> gregg: reagan had a tougher recession because interest rates were 21%. >> yes. historic lows. >> and inflation was awful will he dropped that all the way down. brenda gooqd see you. catch more brenda on "bulls and bears" at 10:00 a.m. eastern right here on fox news channel.

>> patti ann: gregg, a special day for one ohio high school senior. her big brother, airmen man first class gave her the surprise of her life during ñ graduation. [ applause ] >> patti ann: if she looks surprised because the two haven't seen each other for nearly two years and little sister said she had no idea he would show up. >> saw the uniform and saw the face but didn't click that was my brother. >> last time i saw her she was 16 years old and just got her driver's license. she is 19 and taking me back. >> in order to keep up the surprise, he said he was being held up in colorado and wouldn't be able to make it. >> gregg: race against the clock, coming up one little girl's battle as she holds on until a life saving lung

transplant could happen. >> patti ann: and highly anticipated debate on immigration bill. what is at stake and what could end up derailing the whole process next. >> i wanted to see immigration bill passed because we have to fix this system. it's not good for anybody. we haven>!ñ÷ to make sure the borders are going to be secure and we also need to k sure that basically benefits don't know to people that are here illegally. e verizon share everything plan for small business

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♪ >> patti ann: time for the top of the news, at least 31 people are dead after two days of violent protests in benghazi, libya. they are demanding local militias leave their neighborhood. >> gregg: british newspaper

revealing its source reporting on widespread u.s. government surveillance of millions of americans. the leaker identified as edward snowden an american that boxer as a contractor at the nsa. his name reportedly being released at his own request. >> patti ann: and rafael nidal is the first man to win eight titles at the same grand slam tournament. >> kelly: update on heartbreaking story with days to live unless she gets a lung transplant. ten-year-old sara is unable to breathe on her own. this turn for the worse coming days after winning the right to be placed on the adult waiting list. laura has more. >> reporter: the family members have told fox news she is now breathing with the help of a ventilator. after being intubated

yesterday afternoon. the development is agonizing one for her parents. the mother janet posting on her facebook page today, last night was horrible and terrifying. in some respects her body was improved with the extra support of intubation but other aspects it's been a disaster. we are hoping and praying for greater stability. she is battling hear life with end stage cystic fibrosis. she has been on children's waiting list for seoul 18 months and they told the parents she only has weeks to live. she is on the adult waiting list after they suspended the under 12 rule that previously limited her to available transplant. another person organ procurement transplant network is going to meet to

review transplant policy. dr. mark siegle being on ventilate ser a bad sign buko it could help get a set of donated lungs faster. >> because the ventilator represents an emergency situation, that would put her higher up on the list. if she went into a coma to make her prognosis worse, that would put her lower on the list. >> reporter: we'll bring you updates as we get them. >> gregg: our thoughts with sara and the family. >> patti ann: critical week ahead as senate prepares to take up a bill to overhaul the immigration system. that bill is expected to narrowly make it flew the senate but facing tough opposition from republicans in the house. some insist that the bill has to include tougher measures. here is what wisconsin senator ron johnson say

this morning. >> we definitely make sure that the borders are going to be secure and we also need to make sure that basically benefits don't know to people that are here illegally. so really, i'm very hope until fl that we can pass a bill but agree with is senator paul the challenge is getting it through the house so we have a bill that passes the house. doesn't do anybody any good to just pass in the senate. >> patti ann: joining us is former white house political director under president bush and julie radinski an aide to former senator frank lautenberg. there is group of eight senators working on the senate bill that would make it more likely to pass in the house. marco rubio is one of eight and he wants the bill to require the department of homeland security to meet specific goals at specific

times in terms of securing the border before any legalization of undocumented immigrants can start. so border security a big private for some of the critics, can a compromise be found? >> i really think a compromise can be found. senator john cornyn is great senator from texas. he is judiciary committee member and we ought to write the toughest language we can come up with so we make sure that we don't have a flood of illegal immigrants all over again. his point that we can pass tough security and fix the problem, i don't know why anybody in the senate would be opposed to that. i don't know why any american would be opposed to it. >> patti ann: khuik schumer is part of that group of eight and he independents the border security concerns and he is expressing confidence they can find common ground.

he also says you can't make the standard so unreasonable that the whole goal is to pork the bill -- what say you. >> for border security, border security means 100 percent none penetration. i think that is unrealistic. israelis has the toughest even a walls they built it's unrealistic. so i would like to see what the metrics are. i sympathize people that live near the border but we need to see the stronger metrics to say that border security will or will not make this bill. >> patti ann: senator john cornyn is saying he wants a provision that would require customs to monitor hundred percent of the border and track all foreigners entering all air and seaports and those

convicted of serious misdemeanors being prohibited from entering. and the intention is just tank the whole bill. do you agree with that? >> i agree with julie we need to find a way to resolve this. what john cornyn is saying we need to monitor hundred percent of the border. he doesn't have the expectation the federal government will do this perfectly. we have seen over the course of the last week none of us expect it to work perfectly. the other side of the question is people overstaying their visas. it's a question of people who come here legally for temporary period of time and then don't go back to their country when their visa has expired. that is going on every day in this country. once again, it's who we get this immigration system modernized and fixed, it will continue to go on and american people will

continue to be frustrated. that is why they need to work to get it resolved with the democrats so the house can deal with it and get a bill done. >> patti ann: you know, speaking of the visa issue, senator rand paul that is one of the problems. some of these visa rules, he thinks a lot of the rules need to be changed so many of these people that are on temporary visas can be allowed to stay here legally. that one of the issues is that the rules are throwing out the wrong people and letting the wrong ones staying? >> i will say if you want stronger enforcement of any kind there had to be a funding mechanism. homeland security is overstretched and what they have to do with immigration. republican friends talk about stronger enforcement, you need funding mechanism to do that. you can't continue to ask people to do more with less

money. i think larger issue is not just senate but they have chairman of the house, i would like to see if he comes up with a compromise -- i think it's the gang of seven in house. i'm not sure what the leadership in the house is going to do because the senate can do whatever it wants but do you have the tea party members hijacking any reform and we need mandatory hundred percent non-penetration. >> that is not true. if you read the "wall street journal" this morning you'll see a tea party member judge john carter is working for an immigration reform bill on these issues. i want to get to an answer on that. >> patti ann: unfortunately, we are coming up to a hard break. i do want to see -- matt,

julie, thanks very much. >> gregg: roughly 24 hours from the beginning of george zimmerman's murder trial, jury selection beginning tomorrow morning as the judge still considers allowing voice recognition analysis from a chilling 911 call made the night trayvon martin was killed. [ larry ] younow throughout history,

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hearing to allow voice recognition of a 911 call. their normal voice what under severe attack. >> you get real screen data. you would have to put someone under unethical amounts of stress. >> gregg: the hearing ended with no ruling by the judge. how is this going to impact the trial? let's bring in analyst mercedes cohen. the screening would tell the jury who is screening whom but however it's not a normal voice first of all. quality is awful. third, it's only three seconds long. mercedes, as lawyer i can't imagine a judge admitting this as evidence? >> the judge would have to suspend common sense to allow those experts to

testify. you are talking about three seconds. a normally speaking voice is definitely. if i start yelling, yeah, how can you tell when it's that elevated. >> gregg: and it sounds like janette's when you did that. >> gregg: voice recognition, it's never admissible as evidence and prosecution's expert relied on a mathematical computer program. he a history major. he doesn't know the first thing about the algorithm underlying his own program? >> that is true, however, this is the age of audio technology. i truly believe that it's the crux of the facts of this case. what do we have to rely on who said what and what happened prior to the murder of trayvon martin. >> gregg: the case is invariably is going to come down to this. did zimmerman pull the

trigger because he feared for his life? here is the law. let's put it on the screen in florida. a person is justified in the use of deadly force and does not have a duty to retreat if he reasonably believes such force is necessary to prevent imminent death or great bodily harm to himself. trayvon martin is not alive to say otherwise? >> exactly, but you have medical records that come in. he came in fractured nose, multiple cuts and he has been consistent about his story. he said screaming for help, trayvon martin is pounding my head against the pavement. that is where the fractured nose came from and multiple cuts. >> gregg: how about that. >> trayvon a martin is not with us. >> gregg: it's going to be one story to tell at the time of trial. >> he pursued him and after being told by the police to go back to the car he still

pursued him. >> gregg: you don't exactly know that because the defendant -- again the alleged victim, he is not alive to say otherwise. all the jury is going to hear zimmerman's story and they are going to hear it through the cops because he spoke to them immediately and repeatedly. >> and consistently. the story has been pretty consistent. >> gregg: here is the problem, it was a dark and rainy night. there are very few witnesses and those that saw anything at all contradict each other. >> yes, they do. but he could have turned back and waited for police. >> gregg: no duty to retreat. under the law you do not have to retreat. >> he didn't have to retreat but he d-to have pursue either. >> gregg: martin's girl give was on cellphone and heard a brief exchange with him and somebody else, zimmerman. that could hurt zimmerman

but the problem is "a" she is biased the girlfriend of the amending victim and "b" she has serious credibility problems. >> significant. if she has been arrested may not come in but certainly convictions if she has had trouble with the law before. that is information because it's the crux of her veracity. >> gregg: the challenge for the defense to show zimmerman did not profile trayvon martin because of the color of his skin but rather that he saw something suspicious? >> even if you remove the issue of race and whether or not -- the color of the skin but the young man was walking along innocently and he was pursued. >> if you listen to the 911 tape, he played the entire tape. he doesn't say i see a black youth, it's the 9/11 operator, what does he look like. i think he is white, he could be hispanic, he could

be black. >> gregg: given the absence of witnesses, this is going to be an uphill battle for prosecutors. no witnesses or no reliable truce worthy witnesses may equal reasonable doubt. we'll wait and see. good to see you both. >> patti ann: there are growing questions over just how big the government's surveillance program has grown. coming you up what it could mean for tracking terrorists and your personal safety. [ lisa ] my name's lisa, and chantix helped me quit. i honestly loved smoking, and i honestly didn't think i would ever quit. [ male announcer ] along with support, chantix (varenicline) is proven to help people quit smoking. it reduces the urge to smoke. it put me at ease that you could smoke on the first week. [ male announcer ] some people had changes in behavior, thinking or mood, hostility, agitation, depresd mood and suicidal thoughts or actions while taking or after stopping chanti if you notice any of these stop taking chantix and call your doctor right away. tell your doctor about any history of depression

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::

>> heather: the british newspaper identity guardian" has reported the source behind widespread government surveillance as there are

growing questions over how big the n.s.a. data mining operation has grown and how effective it is in tracking terrorists. judith miller is an investigative reporter and author and fox news contributor. we will start with the n.s.a. insider who provided the information to the "guardian" 29 years old and an american. he is a contractor who worked for the national security agency and a former c.i.a. agent. here is what he had to say in an interview taken why he decided to expose the program. >> because even if you are not doing anything wrong you are watched and recorded. the storage capability is increasing each year by orders of magnitude to where it is to the point you don't have to have done anything wrong, you simply have to have fallen under suspicion by someone, even a

wrong call and they use the system to go back in time and scrutinize every decision you have ever made. >> what do you make of this? >> this is going to be a classic whistle blower case. this guy is no bradley manning, the fellow on trial in a military tribunal or someone who hit "dump "button and 250,000 diplomatic cables were disclosed or divulged. this guy said he went over every single document to make sure there wouldn't be harm to the national security but now the representative who overseas this, said he didn't know enough to make that call. he shouldn't be making that call. i think, still, given what we know at the beginning, the fact he stepped forward and identified himself, it will be very tricky for the obama administration to pursue him.

>> heather: there are reports that the white house is, indeed, looking into a control investigation of these leaks and presumably of the leaker. he said and i quote, "i understand i will be made to suffer for my actions but i will be satisfied not federation of secret law, unequal pardon and executive powers that rule the world i love are revealed even for an instant." he thinks he will suffer. >> he is offering his self up as a first amendment martyr and privacy martyr. that is why politically it will be very dicey. we still don't know enough about either of the programs that have been revealed thanks to his efforts. we know the prison program was aimed overseas at foreigners. >> that is the program that is collecting e-mails and internet data. >> you believe there is a distinction between the prison program and the phone record

collection? >> i do. the internet connection program aimed overseas is very useful and it is probably within the legal constraints that have been established to make sure people's privacy isn't violated. however, we don't know enough yet about that program or the other program which trouble me more, the verizon program. it is all of the telephone providers are scooping up the information. the president said no one is listening to the content of the calls and no one knows without are this. this is data mining. any security expert can tell you if you put enough of the individual documents together you can know a lot about people quickly. congress is going to be focusing on that program because it does affect americans. >> lot of questions to be answered. we are out of time. judith miller, thank you. >> gregg: another week, another controversy for the white house, the latest is what

we were talking about, the data-gathering bombshell: how will it impact president obama? our political insiders are here to weigh in, in the next hour. n. temporary... 24 hour. lots of tablets... one pill. you decide. prevent acid with prevacid 24hr.

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>> hello, everyone, welcome to a brand new hour "inside america's news headquarters." >> gregg: glad you are with us. topping the news, top lawmakers from both sides of the aisle speaking out on the i.r.s. targeting scandal with a live to washington for the brand new details and the grow questions of the obama administration's role in all of this. >> our political insiders weighing in on the latest about the deadly benghazi consulate attacks on 9/11 and why a new poll shows a majority of americans think the white house is hiding something. >>gregg: millions of americans

head out to soak up the summertime rays we have some key tips to make sure you are well protected from the sun's dangers to color skin. >> brand new details on the government's snooping scandal. we are learning more about the man who said he leaked government secrets of the surveillance of millions of americans. at the brush newspaper that broke the story reveals the story. steve? >> the 29-year-old american who reportedly leaked the classify ied information, edward snowden said it is important for americans to understand this. >> even if you are not doing anything wrong you are being watched and recorded and the storage capability increases each year consistently by orders

of magnitude to where it is to the point you don't have to have done anything wrong, you simply have to eventually fall unsuspicion. >> he now is holed up in a hong kong hotel after allow his name to be released, a former c.i.a. analyst working for a defense contractor in the hawaii office of the n.s.a. when he revealed classified information to the "guardian" of london and its journalists. here is more. >> i am just another guy who sits there in the office, watching what is happening and think this is something that is not our place to decide. the public needs to decide whether the programs or policies are right or wrong. >> this has sparked a spirited debate about secret surveillance. the white house and many are saying this is effective way to prevent terrorist attacks but others want to re-open the debate of the patriot act post

lend that made it possible. >> it is private information. if the government is gathering that information, the american people ought to know. we ought to have a discussion about it. we ought to re-open the patriot act and put some limit on the amount of data the n.s.a. is collecting. >> the n.s.a. is calling on the script to investigate possible criminal charges against the leaker who the "guardian" revealed to be edward snowden. >> for more on this we will bring in our senior judicial analyst, judge napolitano, joining on the telephone. look, judge, this guy snowden leaked classified information which is a crime. will he be pruetted? >> i think he will be classified. he claims to be in hong kong,

which is under the china and the president spent the weekend with the president of china but we have extradition treaty with the chinese and if the chinese want him to be prosecuted, it will be in los angeles tomorrow. if they don't want him to be prosecuted they will find a political way for him not to get here but he sounds as if he welcomes the prosecution. in his mind he has done nothing wrong and nothing prosecutable. >> gregg: some of the explanations make sense and some are like on the edge of being odd. some are already calling him a whistleblower if you look at 1989 congressional act, the whistle mother act, -- whistleblower act giving protection to those who work for the federal government when they report acknowledge misconduct. i'm not sure this qualified as "agency misconduct." judge, it appears as though all of the programs were signed off

on by a judge, when a judge says it's legal, it is legal, right? >> yes and no. as you know, something can be legal and unconstitutional at the same time, counselor. this is where we get in the great area where values, value judgments, the constitution, and different ways of interpreting the constitution may collide with the law. as the law is worded, we are speaking of the patriot act and other enabling legislation, the surveillance was lawful but as the fourth amendment is wordeds the surveillance was unconstitutional. so a court will have to decide that. i don't know if a court will even let him argue to a jury he was a whistleblower and what he did was correct f he does, a jury will decide. if not, a judge will decide. >> gregg: a higher court would have to preview the decision to determine whether he misapplied

the law of the fisa or where the law itself is so expansive that it violates the constitution. judge, that could take years, right? >> absolutely. and we don't know if this give will be free in the years it will take to resolve this or incarcerated because we don't know what path the government will take. we do know that the obama administration, looking at the case involving our friend and colleague, james rosen, which the information that came out seemed like something that everyone already knew, the obama administration has been extremely aggressive, far more aggressive than any administration in the post world war ii era of prosecuting leak are whether they characterize them as whistle blowers or not. my guess they will pursue imaggressively and it will be in the gray area where value

judgments and the constitution collide. >> gregg: the recipients of the leak and the "washington post" and "the guardian" those reporters are no longer in jeopardy given what holder has vowed. >> that is correct. glenn greenwald is the james rosen of this case. >> gregg: thank you, judge. kentucky senator, ronald reagan paul raising deep concerns over the snooping scandal. stay opportunity for senator paul's interview with chris wallace on fox news. >> new reaction to the i.r.s. abuse scandal. ranking members of the house oversight committee are responding to allegations that washington ordered the i.r.s. targeting of politically conservative groups. peter communicationcy -- peter

doocy reports from washington. >> the details are different but republican senator rand paul thinks the i.r.s. unfairly targets conservatives or monitoring reporters, the motivation is the same. >> it is an abuse of power. it doesn't matter what political party you are in, one time one party wins, the next year another party when. no one wants to believe when you lose you will be judged to humiliation and audit and financial ruin by this $4 trillion government that becomes the big nasty bully. >> this morning the top democrat on the house oversight committee released a new excerpt from a super bowl before the cincinnati i.r.s. employees and self described conservative republican who said and i quote, "i do not believe the screening of the cases had anything to do other than consistency and identifying issues that needed further development." now he says that if oversite

committee chairman issary leases all interview transcripts the i.r.s. investigation will be done. >> from everything i have seen, the days is solved. i would wrap this case up and move on, to be frank. >> congressman issa strongly disagrees with the claim the i.r.s. case is solves and calls it an extreme and reckless aassertion that shows cummings has no interest in working to find the truth. >> thank you, peter doocy, from washington, dc. >> gregg: the death poll is rising in the tragic santa monica shooting into with the total number killed by the gunman now at five. investigators in california say the shooter, you are sighing him in these surveillance photographs, planned the rampage in advance. he was armed when police hot and killed him. dominic joins us from santa

monica, california. >> she was 26 years of age and just signed up for classes at santa monica college and her father works there. he was killed on wednesday as the gunman was arriving on the campus on friday. the government said the daughter was injured and died this morning. the president of the college released this statement a short while ago saying that she planned to attend classes in the summer and at the prompt time the college. convene a campus-wide memorial. yesterday, the college foundation established a memorial fund honoring carlos and his family. carlos was 68 years old, and had

worked at the college for 22 years and he was trying to put his two daughters through college. another daughter put a message on facebook saying her life had been devastated by what had happened in the past few days and more terrible news evidently for the family today. also, today, there was a gathering of counselors and students at the student request over the campus on funding, and 70's people turned up and it was a very somber event from the description of those who attended. and say it was very emotional. >> we were hugging, and saying, we are all human. we are human. that is the main thing. we are all human. why do something like this and kill the if em? why? why? find the reason. >> perhaps the police will have

answers. there will be two separate vigils one tomorrow at 6:00 p.m., local time, and another held on tuesday during the graduation ceremony. back to you. >> gregg: thank you, dome -- dominic. >> strong winds in colorado are blamed for a series of hot air balloon crashes with authorities responding to four unrelated crashes in denver leaving five people injured. the incident seen here, one person was hurt when a balloon plunged into power lines and sparked a brushfire. our meteorologist, janice dean, is in the weather center. janice? >> we are dealing with the storm systems that come out of the west, out of the rock rockies and the east coast and this is in exception much the potential

for gusts will continue as the storm moves east and associated cold prompt is going to bring the potential for heavy rainfall, as well. look at the mess of showers and thunderstorms across the eastern half of the country, near thunderstorm watches in effect for all of this area in the yellow box until 9:00 p.m. local time and we have severe thunderstorm warnings dotted all around the area so certainly keep an eye to the sky and an ear to color local forecast watching the radar over the next 12 to 24 hours, this moisture is going to move eastward and it will be mainly a northeast threat as we get into tomorrow's drive in, toward the mid-day and look at the rainfall we will see on saturated ground. some of the areas already are seeing flooding so this is just going to add more insult to injury unfortunately across the eastern part of the country. the drought monitor shows we do not need anymore rain across the eastern half of the country but the area that needs it the most is the western half of the country and we have dry to

exceptional drought which is unfortunately going to continue the next couple of weeks. the temperatures show very warm across the southwest and we will deal with high fire potential into the new work week. back to you. >> janice dean, thank you. >> gregg: taking advantage of people when they are already down, coming up next, the victims of the devastating victims in oklahoma are being dealt another blow from their fellow man, this time. >> brand new scandal rocking the white house and how they will impact president obama and the second term? our political insiders are on deck. >> gregg: a new way for employees to get extra vacation time but it is not without controversy. [ stewart ] this is the kind of food i love to cook.

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>> gregg: now the headlines: looters are traveling from far away to steal from the victims of last in's tornado in moore, oak.

authorities reportedly arresting a man from new york state and two others from virginia. senator john mccain say there is growing public support to close the prison facility at guantanamo bay and move the detainees to a facility on the mainland. john mccain visited gitmo last week with others. >> former massachusetts governor has dies of complications from lou gehrig's disease at 65 years old. >> who couldn't use a little more vacation time or maybe extra cash? some companies are allowing their employees to buy or sell their days off. we have the senior business correspondent and anchor "bulls and bears." brenda, interesting concept if you need more time off, you can take the money out of your paycheck to pay for it. if you would rather have the cash you can sell the days. >> it makes sense and part of the idea of being more flexible

with workers. it is pretty widespread, certain of the programs are, there is something called pay time off where you pool together your vacation days, sick days and personal days and they are all dealt with. it is much easier for human resources because they don't worry about someone calling in at the last minute. you have more flexibility about how you use that. that is up 52 percent. >> pay time off is one thing but the idea of saying you gave me 15 days and i only want ten and i would rather have the extra cash or i want 20 days off i will take a honeymoon this year and i want to buy more or sell some. how common is that? >> it is not that common. the idea is basically that you put it in a pool and the trend is that many more people want to buy the vacation time than sell it. which is surprising given that we have this problem with unemployment.

it is generally younger workers who do not have administration much vacation accrue asked they are happy to give up the money to get the extra vacation time. >> on the other hand people run into emergency or a spouse lose as job or whatever and they would rather have the extra cash and they do not need the time off. can you go that way. in some cases it is where you can sell or buy your days into a general pool where other employees can buy or sell into it and other cases it is direct interaction with the company. >> yes and it is 50/50 on both sides. there could be some blow back because we have seen a lot of reaction to the flexibility of people working off site, yahoo basically said, no more. so not sure that flexibility is going to be a trend in the future. >> patti ann: are we hearing from companies it sun workable or do they limit the days? if you take off too many days

off what is the point? >> the financial services company says that this really has increased the productivity. we know that americans take far fewer vacation days than those in other parts of the world and if you come back renewed and refreshed it is good. kill better clark has been done this for 15 years and it seems to is helped their employees. >> patti ann: a trend that could be catching on. thank you, brenda. you can catch brenda on "bulls & bears" on saturday morning at 10:00 a.m. eastern right here. >> gregg: outpouring of support as south africa pray for the hospitalized former president mandela. we will have an update on his health. >> patti ann: halfway around the world county a race against time for a little girl who still need as lung transplant. the major set become now is coming days after a major victory in court.

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>> patti ann: former south african president mandela is in the hospital, the ailing 94-year-old is suffering from a recurring lung infection. the turkish prime minister lashing out at anti-government protesters who have been occupying an area for ten days in dispute over a builting project. the british paper "guardian" reveals the source over wide-spread u.s. government surveillance of millions of americans. the leaker is a contractor for the national security agency, edward snowden saying he did nothing wrong. a majority set back for a dying girl in pennsylvania she has

only days to live unless she get as lung transplant. the ten-year-old safer air -- sarah murnaghan is not doing well. days after winning the right to be placed on the adult waiting list. now to the new york city newsroom. >> this is a case we have been following closely, sarah murnaghan was intubated yesterday afternoon so she now is breathing with the help of a haven't late. her mother moments ago just posted another update on her facebook payment saying sarah murnaghan is under heavy see see dangerous but her numbers are trending in the right direction. >> the fact that she was intubated and a bad time with limited amount of time in my opinion because of the lung pressure that builds up. >> sarah murnaghan is battling for her life with end stage cystic fibrosis at children's hospital of philadelphia and on a children's waiting list for 18

months and doctors have told her parents she only has weeks to live without a transplant. she now is on the adult waiting list after a federal judge suspended the under 12 rule which previously limited her options for a lung transplant and made a similar ruling for an 11-year-old of new york. the organ procurement transplant network is meeting tomorrow to review current transplant policy. and we spent time with the family and asked what her daughter's life will be like after a transplant. >> she goes back to school, she is like all the other kids and before she had a decline of lung function, she went to school and did everything other kids did before the lungs deteriorated where she needed new lungs. i want to go back to being like another kid and doing everything that kids do. >> the family will bring us

updates. >> thank you. >> gregg: the hits keep on coming for president obama with the latest bombshell word that the nasa nasa is -- the n.s.a. is tracking every move you make all in the name of national security on top of the news that the government is keeping tabs of phone calls and millions of verizon users. so far the president's approval rating is holding fairly steady, roughly half in half. 48 percent say that he is doing a good job, and 47 percent say he is not. does this number really matter given all of the simultaneous scandals? you need a calculate late to keep up with them. we have pat caddell, and john leboutillier, and in miami

bureau, doug schoen who is a fox news contributor and former pollster if bill clinton. try to stay dry, doug, i know it is inclement. starting with you, given all of these scandals, but given that the president's approval ratings are holding steady, what do you make of that? >> well, be clear, this is an administration and a presidency that is in crisis. you have three huge issues. you have the n.s.a. issue that broke this week. the phone records. you have three scandals with the i.r.s. the justice department. you also have an agenda that basically is dead in the water. this is a presidency that is effectively at a tip point. i believe the approval rating is much more likely to go down and down substantially than it is to go up. >> you looked at some new poll

members that just came out, pat, and the american public is dead set against the n.s.a. programs. >> let me tell you, what we have is a political class in washington, the bubble down there, and all saying people care about security, or they don't care about security or their privacy. wrong, overwhelming poll shows 26 percent favor and 59 percent oppose. get this, people who identified as mainstream americans, 69 percent against and the political class 71 percent for. the american people are going, this is outrageous. doug's point is right. look what is happening to the president. the movement of democrats and independents and they are starting to happen which is going to move him down. it will continue to erode as more of this affects people. >> it is more that he will erode but the entire political establishment, republicans and democrats, who have been in favor of these types of

programs, i think it is going to divide the american people versus their government more than we have seen maybe ever. >> gregg: is this a titanic moment, the iceburg? >> the term we have used, we have been in a prerevolutionary moment when the public is locking for something different. >> let me just say it is not democrat and republican, conservative and liberal, the country out here is against that washington class and the n.s.a. scandal showing when you see the arrangement is broken across all party lines. >> gregg: three polls in a row and we will begin with the "wall street journal" and nbc news poll because what is striking about the independents in the poll, the independent approval rating on the president has dropped 13 points -- independents are key in any election.

in the next poll, the government is out of control and this is the fox news poll. look at that, almost 70's percent say government is way out of control. put up the rasmussen poll on individual rights. look at this, down a whopping 25 points among democrats. that is in just the last six months. your pollster, doug, nut in perspective. >> well, pat and john are right. this is a country that is going to turn en masse against the president. they see bake basic rights being us turned and want to know what happened to the government and the country, the basic freedoms and rights are eroded. >> gregg: after the n.s.a. news broke i fell out of my chair when i read the editorial, and i hurt my elbow, i read "new

york times" the biggest cheerleaders of president obama the last five or 60 years and he is their editorial. "the administration has now lost all credibility and obama is proving the truism that the executive will use any power it is given and very likely abuse it." >> and then look at "wall street journal" normally a critic of obama, supporting this program. a great program. this is what i call the tipping point, the crisis in american politics. the american people know, wait, i am a verizon customer and i guarantee you at&t customers and everyone else, they are picking up all this information and the public is going, what are you doing, picking up our internet? they are not building -- the conspiracy nuts will be right. they are not building that place in utah for nothing and it offends americans in a way that the power structure and the status in washington in both parties don't understand.

>> what is happening, 9/11 gave the government this excuse to hide behind national security and erect barriers we cannot cross. this guy, snowden sees himself as a hero. >> gregg: he will be prosecuted. he is not a whistleblower. >> but absolute power corrupts absolutely, since 9/11, the federal government on national security and intelligence issues has had absolute pout we are and we the people cannot contest it. >> gregg: doug, i have always said the term "honest politician is an oxymoron and the "wall street journal" poll is proving me correct. independent whose believe the president is honest and straightforward? that is down 18 points since

january. going to the next "wall street journal" poll, and 55 percent question the administration's honesty and integrity. it just keeps getting worse and worse. dow jones industrial average -- doug? >> yes, this is a president who has managed to maintain his popularity based on likability and credibility. he may well have some likability left but that is eroding but the credibility as the numbers show is effectively gone and that is hugely important. >> gregg: pat you are a pollster so we will prefer to the next three polls, the honesty and integrity of i.r.s. probe, bad numbers here for the president, 55 percent just don't think he is honest. the justice department, same thing, at 58 percent. and the benghazi attacks, of

course, essentially they think the obama administration and the president are lying. >> they saying, people are saying there was a new poll this weekend, saying that the people believe in benghazi, for instance, that cbs and "new york times" poll a huge majority, 20-point majority say they are hiding something rather than telling the truth. people believe the i.r.s. thing was a white house political operation. the public is way out on the politicians and they deciding this is being done against them. >> benghazi and the i.r.s. are being investigate bid one and the same committee in the house of representatives, government oversite, with one chairman, congressman issa. these are separate scandals. they should not both be in the same committee. we all think they should each have a select committee named to investigate them from top-to-bottom. >> gregg: but congress wouldn't have anything else to

do. >> they don't have anything to do anyway. >> they would be investigating all these scandals. the white house is under increasing fire under a host of scandals including the terror attack in benghazi and how will they affect the president's second term. our insiders back in a flash. [ mrs. hutchison ] friday night has always been all fun and games

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>> patti ann: a young woman critically wounded in the santa monica shooting rampage has died , now with five deaths. a construction working was operating heavy equipment in philadelphia and high on drugs and a wall crashed into a thrift store killing six people and injuring a dozen others. >> in boston, the power is back on after a blackout this morning

at the height, 12,000 cuss tops were without power. a problem at a substation is being blamed. >> gregg: second term scandal hitting the white house all at once but showing no signs of stopping. look at this poll, majority of americans believe the administration is mostly hiding something regarding a terror attack on the consulate in benghazi so we will bring it back in. john leboutillier and pat caddell and doug schoen in miami today, our political insiders and, dow, on benghazi, this may turnout to be the sleeper, because only the tip of the iceburg has been revealed and the saturday majority of people have yet to be questioned. we don't know, yet, and congress doesn't even know their names, for the most part, right in so this could really escalate. >> that is exactly right. as pat has said in 9 past,

watergate scandal took a while a year or a year and a half to play out and benghazi has more unanswered questions, where did the talking points come from? what did the president, the secretary of state, what did though know? when? who did they talk to? as you suggest, what did the survivors see? what did they hear? what did they know? what is their reaction? these are questions we have to get answers to. so far, no dice. >> gregg: susan rice is given a promotion. she is out there pedaling a lie, it may not have been her lie but she is out selling a lie and she gets a brand new promotion to be the national security advisor. >> let me tell you what was going on here, doug is right, it is benghazi according to the "wall street journal" that is showing people see president obama most involved. here the president is putting

his finger's in everyone's eye, saying, basically, screw you. by promoting susan rice who was too incompetent to be director if she does not know what she was doing with the video statement or a con spire toes and tom donilon taken out because he sees the water coming and he is a survivor and he is the guy on the leaks and on the benghazi who could be called. >> >> gregg: the white house press secretary said he stole the brilliance of susan rise foremost in her field of coverup. >> the point on the evacuees who were evacuated after benghazi, i believe over two dozen c.i.a. personnel in benghazi at the time, and the president, today, could order they be allowed to talk to congress and we could find out the truth and but this

behind us. the fact he hasn't done it seven or eight months later they are hiding some. >> the other scandal that hit heart this week for the obama administration, the two whistleblowers in the cincinnati office of the i.r.s. they have said, are you kidding? we didn't invent this whole thing. the targeting of conservative groups came directly from washington, dc, and they told committee lawyers on capitol hill, names. they gave names. they gave names. we will put on the screen the poll, where high ranking i.r.s. officials, were they aware in almost 60 percent say, of course they were. doug? >>guest: well, look, we have a couple of huge issues here. first, who ordered this unprecedented look at conservative groups? we don't know. i strongly suspect as the american people do it was high ranking i.r.s. people. the other thing, and you

alluding to it, you had the then director of the i.r.s. in the white house 157 or 158 times and he met with stehpanie cutter, democraty campaign manager? you don't have campaign managers meeting with i.r.s. officials without those at the highest levels of the white house. >> gregg: we have to leave it at that. doug, pat, john leboutillier, our political insiders thank you. you can get more from "9 -- "the insiders" each monday. you can follow them on twitter, as well. we will be right back. i honestly loved smoking, and i honestly didn't think i would ever quit. [ male announcer ] along with support, chantix (varenicline) is proven to help people quit smoking. it reduces the urge to smoke. it put me at ease that you could smoke on the first week. [ male announcer ] some people had changes in behavior, thinking or mood, hostility, agitation,

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>> gregg: with summer around the corner we will spend hours in the blazing sun that is not blazing right now. >> we know soaking up the rays can be dangerous so what are the rules of sun protection? we have an expert here, the associate clinical professor of dermatology at ny medical center. >> patti ann: this is an important topic as i have had multiple skin cancers. >> most important is the sunscreen. the most important for anyone is is to find one you like. if you like it, you will wear it. if you don't like the one you have you will not use it. >> patti ann: that is one that both of you use? >> gregg: talk about these products. >> this is oil of olay for sensitive skin. it has a blocker in it, a physical blocker, and this has

zinc oxide blocking out u.v. and everything, and it is truly broad spectrum. i like the one for sensitive skin. the spf30 is too strong for me. >> gregg: we cannot go through all of them but talk generally. >> guest: there are different kinds. the physical blocker is zinc oxide and the two that are next to that have more chemicals in them, including the helium and the spray on which is convenient but you have to be careful to get it spread bradley and sometimes people do not get enough of it on if they just spray it. >> patti ann: you have to worry about missing spots so the other solution is just --. >> guest: the other thing to take advantage of, these are things you can wear, a guard, a

traditional surfing guard and there was an article in the "new york times" in the style section of how these guards are becoming high fashion, and the fashion designers are bringing them out and wrap around sunglasses protect your eyes and help with cataracts and protect the skin around the eye. so you do not have to worry about reapplying and with small children you can put on the sun protective clothing and they are protected. >> gregg: what is this? >> guest: if you ignore my advice and you get a sunburn what you will do, then, you want to help with the pain so i prefer something that is anti-inflammatory such as aleve or tylenol.

>> gregg: thank thank you, doct, thank you for being with us. "fox news sunday with chris wall ace is coming up next." [ snoring ]

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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 an