sunday. >> harris: i'm harris faulkner, an american has come out shadows to tell the world he is responsible for leaking that government is snooping on us. admitted leaker is on record on and on camera interview telling the guardian newspaper he was part of fed's powerful grab of cellphone records from everyday american citizens, his name is edward snowden and he talks about the snooping in detail. he was alarmed at the rate it's grown and eventually harm even innocent americans. the following videos is

courtesy of the guardian. glenn greenwald and another reporter. >> even if you do aren't doing anything wrong you are being watched and the storage cap bills increase over year by order of the magnitude to getting to the point you don't have to have done anything wrong. you simply to have eventually fall under suspicion even by a wrong call. then they can use the system to go back in time and scrutinize every decision you ever made. >> harris: he says he has been the source for the "washington post" and guardian newspapers as the headlines have been filling up with jarring details about the government mining phone lords for information about customers. white house has vowed who is leaking classified information about the program which is run by the nsa. snowden is a contractor work for the nsa. and katherine, in just last

few minutes the story has been unfolding as breaking details. we got a statement from the intelligence community, what does it say. >> reporter: short time ago we received a statement from the officer of director of national intelligence, adding the intelligence community is the damage has been done by recent disclosures. anybody that has a security clearance has to protect classified information and abide by the law. a report has been filed and that is first step toward a criminal prosecution. >> harris: what more are we learning about snowden? >> it comes from an interview posted by the guardian newspaper, information must be seen in that con particulars. in the interview he claims to be a former systems administrator that allowed him a broad either view of the nsa program. >> when you are in position

of privileged access like our system's administrator for the intelligence agencies you are exposed to a lot more information on a broader scale an the average employee. because of that you see things that maybe disturbing, but over the course of a normal person's career you would see one or two instances. when you see everything, you see them on a more frequent basis. you recognize some of these things are abuses. >> reporter: according to the british newspaper the final phase three weeks ago and nsa office in hawaii he copied documents and went to his supervisor said he needed time off because he suffered seizures and got on the plane to hong kong. >> harris: what is the response tonight? >> former employees say the flight to hong kong appears to be an effort to put him as far out of reach of the u.s. government because he

understands the depth of the leak. he addresses the likelihood he will be extradited or handed over for trial at some point. >> i could be rendered by the c.i.a. people come after me or third party partners of them work closely with number of other nations. >> reporter: he fears for his family adding that some still work in the u.s. government. he was brought up in elizabeth city, north carolina and later moved to maryland but despite an academic record he was great with w computers and found his ways into jobs at c.i.a. and nsa. >> harris: what is the response tonight? do we know for his former employer? >> when contact by fox news, there is no comment by the c.i.a. british newspaper reports that he worked various contractors at nsa. late today one of the largest security firms confirming on its website that snowden is the

employee. they can confirm he has been an employee less than three months assigned to a team in hawaii. he has claimed to have leaked information is shocking. former officials tell fox news that it's not uncommon for contractors to have the kind of security clearance, but apparently gave him access to these documents and nsa and congress has supported outsourcing as part of rationale to reduce costs. >> harris: it will be interesting to see what arguments shape up. some would say we wouldn't know what was going on with the nsa snooping if it hadn't been for someone like this. we'll see what happens moving ahead. >> we'll take a closer look at exactly who is edward snowden. according to the guardian, he was born in north carolina before his family moved to maryland. not far from the nsa

headquarters. in 2003 he enlisted in the army but was discharged after breaking both legs in a training accident. he first work as an ns a a as security guard before transferring to c.i.a.. that job gave him clearance to access a wide array of classified information. then in 2009 he took his first legally nsa job working at facilities in japan and hawaii. before this news broke, this weekend we had been telling you the obama administration had promised a full investigation into the nsa leaks. now that someone has come forward, what happens next? andrew napolitano joins us by phone. judge are you with us? >> yes. >> harris: first edward snowden are blowing the whistle but some people won't call him a whistleblower. let's start there?

>> for him to qualify as a whistleblower he would need to demonstrate, his behavior on which he blew a whistle was illegal or unconstitutional. on its face i say that because i haven't seen the documents that the government filed with the court. on its face they file a procedure. and court authorized this warrant of this nature. contrary to that is the fourth amendment to the constitution which was written to prohibit the type of fishing expedition that the government engaged in here. you have a statute state supports the government and language in the constitution on its face supports the whistleblower. >> harris: meanwhile, he is in hong kong. what he said in part of that television interview is that he is hoping that a country recognizes free

speech will give him asylum? >> good lord, not in china. china is one of the most repressive regimes on the planet. hong kong is a unique part of china, but hong kong is governed by china and the china and united states have an extradition treat. because it's china it will be a political as well as legal -- if the chinese government wants to cooperate with the obama administration, snowden will be on plane u.s. marshals before the end of the week. if the chinese government does not want to cooperate he may have found a safe haven. >> harris: what about charges against him? >> very serious. government will claim he engaged in, that he aided the enemy and

seriously harmed government programs intended to protect the national security of the country. his defense will be the government behaved unconstitutionally and people have a right to know about it. jury will have to decide on who they believe. >> harris: you are talking about something more political than legal as to whether he will be extradited. we know the president and leader of china were here. he since left. you have to wonder if that would play any part to extradite this person? >> yes. the president of china and the president of the united states in the past 24 hours, the countries have improved relationship for the weekend they spent together. president of china is not the most powerful person. most powerful is the head of the chinese communist

party but they are colleagues and collaborate on their decision to send mr. snowden is here. one has to wonder if the president of china knew it was coming when he was talking to president obama the last few days. >> harris: a lot of americans have been saying on blogs and online tonight as the story is breaking they feel snowden is somewhat of hero that feds have been monitoring us. is that a defense possibly for him? >> the fact that people think he is a hero would not be a defense. what would be a defense would be if his lawyers can demonstrate that the government's behavior was so wide off the mark of american values and so contrary to the constitution that he took an oath to uphold and barack obama took a vote to uphold and clapper took the

oath to uphold that he should be ordered protection as whistleblower. >> harris: before i let you go, i want you to hear that interview. because you are on a cellphone. so you won't be able to see it. it really speaks to the issue how much risk that snowden acknowledges that he has taken? >> that is a fear i live under for the rest of my life. you can't come forward against the world's most powerful intelligence agencies and be completely flee from risk because they are such powerful adversaries. no one can oppose them. >> harris: one point he fears for his life? >> he could be arrested at any time a place he least expects. >> harris: judge napolitano, we appreciate your perspective on this th.

thank you. >> more on this story straight ahead including lawmaker reaction and we have other news for you tonight as well including this little girl's fight to live. right now, sara breathing with the help of a ventilator. she was intubated last night. ten years old, she needs a lung transplant. tomorrow a meeting that could change everything for her and similar children. >> two lawmakers one influential committee and lots of sniping over the irs targeting conservative groups. in minutes new reaction to claims the order to go after certain americans came from washington. [ male announcer ] running out of steam?

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security, he says he was source for the "washington post" and guardian when it comes to finding out about the top secret spying programs through the national security agency through the federal government. now more on that issue. lawmakers on both sides of the issue are disagreeing about whether this was a massive government overreach. steve centanni has that part of the story. what reaction are we getting from capitol hill? >> we have a statement from new york congressman peter king who says if he did leak the information edward snowden, he should be prosecuted and extradited back to the u.s. united states must make it clear that no country should be grant go this individual asylum. this is matter of extraordinary consequences to american intelligence. king is member of the house homeland security committee. >> harris: what about other members of congress, what

are they saying about the secret surveillance program? >> there are two camps. many think the government overstepped its bounds and they include both republicans and democrats. >> we're not talking about going after a terrorist. i'm all for that. get a warrant, go after a terrorist or a murderer or rapist but don't troll through a billion phone records every day. it invades our privacy. >> terrorism remains a real threat but i think we have the bill of rights. fourth amendment prevents unlawful search and seizures ought to be important to us and there has to be a balance here. >> reporter: supporters of the programs believe terrorist attacks have been prevented by the surveillance and that the government has not overstepped its bounds. they include lawmakers from both sides of the aisle. >> we face a very real asymmetric threat in

international terrorism and greatest line against that is intelligence gathering capabilities. so we have to maintain that. it's a very delicate balance. >> these programs are within the law. the business records section is reviewed by a federal judge every 90 days. >> reporter: entire house of representatives will be offered a briefing on surveillance on tuesday. >> harris: steve, thank you very much. and mentioning congressman peter king, he'll joining us live at the bottom of the hour. first an update on the ten-year-old girl who needs a lung transplant in order to live. her story one that we are following closely. doctors giving her a breathing tube. update from sara's mother in how she is doing.

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♪ >> harris: a ten-year-old girl who needs a lung transplant to live is sedated, no longer breathing on her own. ventilator doing the woke for her. we have been following sara's story, she is in the end stages of cystic fibrosis. her family fought to get her on the adult organ donor list. a judge issued a temporary order to suspend the age restriction and that meant she could get adult set of lungs if doctors can find a donor. now she is waiting. her family says she is resting. all this as major meeting is set tomorrow over our nation's transplant policy.

laura, how is she doing tonight? >> as you mentioned she is sedating. we have been following updates and the mother is keeping supporters up to date on facebook page. latest one saying while her daughter is under heavy sedation, her numbers are trending in the right direction. she expressed her agony as she was intubated. last night was horrible and terrifying. in some respects sara's body a has improved but other aspects it's been a disaster. we are praying for greater stability. peter johnson, jr. spent time with the family and how they are able to stay strong. >> as parent you do it. you adapt. you become whatever you need to become for your children.

>> looking forward, the dad says if she gets the transplant he hopes they will have in normalcy. >> harris: what about the meeting tomorrow? >> the big meeting tomorrow, executive committee of organ procurement transplant meeting in response to kathleen sebelius's request. they review current guidelines on pediatric lung transplants including waiting time, organ is on offers and infant mortality. if changes need to be made the committee would be able to aprove an interim policy and change plans for implementation. >> harris: we've already seen one other child's family put their son who is under the age of 12 on the list for adult donor, as well. >> will there are many people waiting. >> harris: laura, good to see you tonight.

news is breaking on national security leaks. this man claims to be the source for the "washington post" and this is according to the guardian newspaper in britain reporting. he was a contractor working for the nsa. he is speaking out. now so are lawmakers on capitol hill. next, live, we'll talk with peter king of new york what he thinks should happen to the man edward snowden. >> while they may be intending somebody foreign government or someone they suspect of terrorism they are collecting your communications to do so. ckage pp from the united states postal service a small design firm can ship like a big business. just go online to pay, print and have your packages picked up for free. we'll do the rest. ♪ i don'without goingcisions to angie's list first. you'll find reviews on home repair to healthcare written by people just like you.

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>>. >> harris: this the fox report. bottom of the hour time for top of the news can breaking news tonight as britain's guardian newspaper names their source for revealing details on multiple top secret surveillance programs that snooped on american citizens' phone records and even internet traffic. admitted leaker a 29-year-old former c.i.a. employee and contract worker. we're told he is in hong kong right now and hopes to seek asylum. edward snowden opened why he leaked such sensitive information about our government. >> i'm just another guy who sits day to day in the office and goes -- this is something that is not our

place to decide. the public needs to decide whether the policies are right or wrong. >> harris: peter king says if he did leak the nsa data as he claims, the u.s. government must prosecute him to the full extent of the law. congressman king joins us by phone? >> how are you? >> harris: i'm well. why must the government prosecute snowden? >> this is an appalling crime. he is putting american lives at risk. he is jeopardizing american intelligence, he has sources and methods to be known to the enemy. this is tremendous boost to al-qaeda. it will be more difficult to get private companies to work with us. he tipped off al-qaeda a what we're doing. no individual can do this. he has violated his oath. he has disclosed top secret

classified information. we cannot allow to go unpunished. >> harris: when you hear people that is somewhat of hero, maybe accusing the government of overreach. what do you say to those people? >> i would say, they are totally misguided. it's not up himham what is moral or what is not. if he was aware of any illegality. go to the congress or justice department. go to inspector genuine the c.i.a. or nsa. for him to decide on his own to come forward this is absolute disgrace. people that try to make him hero it's beyond me. do they realize the consequences of what they are doing here? if this program had not been in place back in 2009,

they would have killed hundreds and hundreds of people in new york in a subway system the plan he had to set off explosives in the subway system. if i want to compare the hero a person who stopped that attack as he was trying to carry out the united states. especially there is no evidence of illegality. this is clearly in compliance with the law. if there are specific objections, there is a fisa court that monitors this on a regular basis. there is justice department and especially the fisa court. this is under court supervision. >> harris: one of the things you will see when you watch the tape, he says he knew the risks but he felt the abuses he was witnessing and possibly taking a part in in terms of monitoring phone records

and snooping, he thought those were so egregious and people might not listen? >> who is he to decide to put american lives at risk? if he felt that strongly about it, go to the inspector general. go to the justice department. the fact is you cannot have every employee in the federal government deciding what law they are going to follow and what law they are not going to follow. and why is he in hong kong? to be in china is the leading country in the world as far as hacking into us and trying to steal our secrets. in many ways, intelligence wise is an enemy country. why is he there subjecting himself to chinese intelligence raises questions about him. he has disclosed an incredible assistance to al-qaeda. al-qaeda is trying to kill

americans. that is the message we have to keep in mind. his actions and very likely could result in the deaths of innocent american lives. >> harris: you mention why did he go to hong kong. we know he was with a journalist with the guardian. we don't know if there was an agreement to go with that journalist. we do know this is a special administrative territory of china and there is extradition between hong kong and the united states. we will see what happens going forth. quickly, forecasting into tomorrow, what do you perceive will be the next few steps? >> i would hope the justice department begin prosecution as soon as possible. i hope our government will reach out china. we have a treaty with hong kong but china is calling the shots here. he has put us the the mercy of china we have to use all

the leverage and power we have and get him back to the united states as quickly as possible. >> harris: the leader of china was visiting with our president. we'll see if that plays a role. peter king, thank you for joining us. joining me now lieutenant colonel tony schaffer the author "the last line." good to see you, colonel thanks for being here. when you and i were getting this issue earlier the news hadn't broken. snowden says he could monitor anybody. let's watch. >> i sitting at my desk had the authority to wiretap anyone, from you to your accountant to even the president. >> harris: i want to get your response that he leaked classified

information about the federal government's program? >> he did. i agree with representative king that this is tragic. there is no way this guy should go about his business without consequences. i don't agree with peter king that james sensenbrenner that wrote the patriot act i didn't want it to be used that way. i would put them on track for the judicial watch to help whistleblowers and king said he should be disclosing this to certain members of capitol hill. i had to whistle blow on able danger regarding data mining pre-9/11 speaker of the house dennis hastert asked me to testify. we had open and closed hearings. that is the proper way to do it. unfortunately for mr. snowden

has caused far more problems for himself and he has defected. he is in enemy territory right now. china is not an adversary of ours but there is hacking going on. whatever information is in his head is now with chinese in some form. >> harris: wow! i had not heard anybody put it exactly like that. you heard congressman king talking a little bit but you dug in deeper. that has a lot of impact? >> it does. he has given the chinese a huge thing in the game. he is a former c.i.a. operative. i'm telling you with his attitude and way he has talked about and he is disgruntled and i suspect he has information from c.i.a. right now, nsa is panicking because everything he took they know. all the stuff downloaded they are going back and checking and right now, representative king, now

the time to figure out what he has done because we to do damage control. >> harris: i do want to tell our viewers, you and i were going to talk about the program that the nsa was running as being an overreach in your opinion? >> right. >> harris: as i understand it you would have supported edward snowden had he come to you? >> as much as i think senator paul and others have legitimate criticism and they are going to have debate. we should always have a debate in the open. with that said, representative king is correct, he had no right to unilaterally on his own without checking or anybody within his chain of command to go public on this. i went public after congress gave me permission to do that. this guy did not wanted to do damage. he has done damage and do more by the fact he is

sitting in china. >> you watch him in this interview by the guardian newspaper, it's just why he felt the desperate need to come forward. one of the things, the way they were collecting information on everyday americans, he thought it could possibly fall into the wrong hands. >> absolutely. anybody in the position with access technical capabilities i had could suck out secrets and pass them on the open market to russia. they have an open door as we do. >> harris: is he right? >> no, he is not. he is essentially, like a master ad man overseeing i.t. -- i think he has access to briefings. we never left briefing on a network or because of this potential happening. he is not involved. he is not a member of the team running these things.

so as much as i think there may be valid concerns regarding the asking of the program, he is an admin guy. he had problems in the army, he broke his legs. didn't like the c.i.a. was running operations. unfortunately i think the guy is disgruntled. it's not about fixing things. it's about trying to poke someone in the eye without any interest to fix what was broken. >> harris: when greenwald and the journalist from the guardian who brought this information to the world claim to have more, if there are other americans in edward noden's shoes and they have information to get out there, what would you tell them at this point? >> i admire what glenn n does. in this case he is wrong. unfortunately he does have more information. i don't think he has other sources, i think snowden

has given far more to him than he is willing to admit. this is going to be treasure trove of stuff coming out the coming weeks. nsa is pretty much aware what he took with him. >> harris: i tell you, when you and i were going to talk speak about overreach but you have given us the word that this man has defected to china. that is powerful term. lieutenant colonel tony schaffer, thank you very much. we're going to move on story domestically. new developments in a california shooting rampage we followed last week, naming the man they say went on the attack and released this picture of him today. >> we're learning a fifth victim has died from wounds suffered in that rampage. new reaction from students on that campus in southern

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♪ >> harris: new developments in the california shooting rampage, police have named the suspect, we'll have more on that in just a moment. this is we're learning a woman critically injured in that attack has now died bringing the victims to

five. the president of santa monica college saying a student that registered to attend classes this morning, she was 26 years old. and was a passenger in the suv that crashed into a wall after the driver was shot in the torso. that driver died at the scene. his name was carlos franco, her dad. >> he had been a long time employee of the college and was very well-liked and respected. >> the police chief saying the father worked on campus as a ground keeper. as we are getting new information about the suspected gunman. dominic is live in santa monica tonight. tell us what you know. >> the gunman was 23-year-old john z. they were trying to get a hold

of her mother in lebanon. he killed his father and also brother. they were in the house that caught fire. they had a run-in with him back in 2006. at the time he was 17 and a minor. we do also know that he was a attended as student back in 2010. he has had a troubled history and police have been looking into that and see if there is any indication of what caused the killing spree that he went on friday. >> harris: i know dozens of students are having to get psychological counseling for what they have endured. >> reporter: that is right. there was a community gathering over on the bundy campus, it was gathering of students, faculty and staff and series of counselors. 70 people turned up in total. it was very emotional

event. >> altogether, we are altogether, all human. that is the main thing. >> it makes me feel better really foreshadows the community is going to overcome this event. i think santa monica is a strong community and very positive. >> reporter: also events where the family have been deeply affected by what happened to marcela and carlos. tomorrow there will be a vigil held about 6:00 p.m. and also a graduation day on tuesday but it seems one event that will take place tomorrow evening. >> harris: dominic, thanks very much. new reaction to the internal revenue scandal where agents were talking conservative americans just because of their political beliefs. today, more debate over whether the irs targeting originated from washington.

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>>. >> harris: now to the irs scandal and growing debate inside a key house committee investigating the admitted targeting of conservative groups. maryland congressman is firing back at claims made by congressman darrell issa of california that the orders to conduct the unfair targeting came from washington. congressman cummings is pointing to congressional transcripts of interviews with irs agents on the ground saying once those are released their investigation will be over. peter doocy with the news from washington. >> reporter: even though the details of each scandal are different, republican senator rand paul things when the irs unfairly targets conservatives or when they monitored

reporters. >> it's the same. >> it's an abuse of power. one party wins the next year the other party wins. nobody wants to believe that your party loses you are going to be subjected to humiliation and audit and financial ruin by this four trillion dollar government that becomes this national at this bully. >> reporter: this morning the top democrat elija cummings released an interview with an irs employee and self-described conservative republican, quote, i do not believe the screening of these cases had anything other than to to identify issues that needed further development. cummings says its oversight committee darrell issa releases all transcripts the investigation will be done. >> based on on upon everything i've seen the case is solved.

i would wrap this case up and move on. >> reporter: congressman issa says he strongly disagrees that it is solved. he calls it a reckless assertion that shows cummings has no interest to expose the full truth. >> harris: peter doocy. thank you, a wild end to the french open, not necessarily because of what was going on between the players on the court. and not chalky. temporary... 24 hour. lots of tablets... one pill. you decide. prevent acid with prevacid 24hr.

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>>. >> harris: i don't know how much you have to be in tennis to enjoy the finale for the french open. a lot of it wasn't tennis. >> it got scary actually. protestor ran on to the court with a mask on and big torch. he runs towards nidal. it was a serious situation. security tackled the guy and both players were affected. it's a really interesting moment in how they were going to respond afterwards. just the protestor wanted to make a spectacle. they stopped the match about 15 minutes and come back and nadal takes care of business and wins his eighth grand slam.

>> i didn't see this live. i saw the retape of it. i heard the commotion in my living room and i ran in. it was just amazing. i had only seen that cut. i didn't see how close he got. >> and its really good for nadal he is coming off a knee injury. they called it a miracle. >> harris: n.b.a., who would have thought spurs beat miami? >> in miami. they play i game two of the n.b.a. finals. lebron james says i shouldn't have been so passive in the fourth quarter. i can take the big shots. game two, the spurs and heated two great teams. >> harris: give me some boston bruins news? >> bruins taking on the chicago blackhawks in the finals. two of the original six will go at it in the

finals. >> harris: awesome, thanks so much for stopping by. fox report, we love having you. i'm harris faulkner and updates on the man that claims to be nsa leaker. now huckabee. >> tonight on huckabee. >> i'm extraordinary proud, my new national security advisor. >> cover-up, blew up. >> obama administration rewarding good soldiers that tow the company line and calling those that call out corruption as enemies of the state. >> not only are they losing their jobs and livelihood and income, they are actually facing jail time. >> government whistleblowers on why they risk everything to reveal the truth. >> i could not stand by and simply be an eyewitness to diversion of our own co